ART. 9.] ATTACHMENTS FOR FRAUD. 79
which said debtor is indebted, and the same shall be filed among
the papers in the cause.
1864, ch. 306, sec. 3 1888, ch. 507.
37t There shall be issued with every attachment issued, under
the provisions of the two preceding sections, a writ of summons
against the defendant, as is usual in actions at law. The action
shall be instituted either in the county where the defendant
resides or where the property proposed to be attached may be
located or found, or where the proposed garnishee resides; but if
the action be instituted in any county other than that wherein
the defendant resides, the writ of summons against the defendant
shall be directed to the sheriff of the county wherein the defen-
dant resides, returnable to the court in which the action shall
be brought.
Ibid. sec. 4. 1888, ch. 507.
38. Every clerk, before issuing an attachment under the pre-
ceding section, shall take from the plaintiff, or some person on
his behalf, bond to the State of Maryland, with security to be
approved by said clerk, in double the sum alleged to be due by
the defendant or defendants, conditioned for satisfying all costs
which may be awarded to such defendant or defendants, or to
any other persons interested in the proceedings, and all damages
which shall be recovered against the plaintiff, for wrongfully
suing out such attachment, which bond shall be filed in the office
of the clerk issuing such attachment. The condition of said
bond shall be substantially in the following form: The condi-
tion of this obligation is such that, whereas the above bounden
———— hath, on the day of the date hereof, ordered an attach-
ment out of (naming the court from which the said attachment
shall issue) at the suit of ———— v. ————, for the sum of ——,
and the same being about to be sued out of said court, returnable
on the ———— day ———— next. Now, if the said ———— shall
prosecute his suit with effect, or in case of failure thereof shall
well and truly pay and satisfy the said ———— and any other
persons interested in the proceedings, all such costs on said suit
and such damages as shall be awarded against ————, his heirs,
executors or administrators in any suit or suits which may here-
after be brought for wrongfully suing out said attachment, then
|
|