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The Maryland Code, Public General Laws, 1888
Volume 389, Page 83   View pdf image
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ART. 9.] CLAIMANTS OF PROPERTY. 83

1876, ch. 285. 1888, ch. 507.

46. Upon the filing of a bond by or on behalf of such claim-
ant in a penalty equal to double the value of the property as
ascertained by an appraisement thereof, to be made by the sheriff
at the time of the levy, to be approved of by the clerk and con-
ditioned for satisfying all costs and such damages not exceeding
the real value of the property attached, as the plaintiff shall
recover in case said claimant shall fail to establish his claim, the
said property shall be discharged from the levy and surrendered
to the party in possession thereof when attached.

Turner v. Lytle, 59 Md. 199 Kean v. Doerner, 62 Md. 475.

Ibid.

47. In case the plaintiff in such attachment is not satisfied
with the sufficiency of the surety or sureties in the bond taken
under the preceding section, he may at any time before judg-
ment apply to the judge of the court in which the said bond is
filed for an order requiring the petitioner to give additional
security, notice of which application shall be given to the peti-
tioner not less than five days before the same is made; and the
said judge, if satisfied from evidence of the insufficiency of the
bond, may order or require the petitioner to give an additional
bond within such time as he shall deem proper; and in case of
refusal to comply with such order, judgment may be entered
against such petitioner to the amount of the real value of the
property levied upon, upon which execution may issue as pro-
vided by law; and said plaintiff may have an execution against
the defendant in the original attachment, provided that but one
satisfaction of the debt or demand shall be made; and it shall be
in the discretion of the court in all such cases to dispose of the
matter of costs.

Turner v. Lytle, 59 Md. 199. Kean v. Doerner, 62 Md. 475.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 83   View pdf image
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