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The Maryland Code Public General Laws, 1904
Volume 393, Page 1382   View pdf image (33K)
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1382 JUSTICES OF THE PEACE. [ART. 52

1888, art. 52, sec. 41. 1860, art. 51, sec. 41. 1849, ch. 269, sec. 1.

43. The plaintiff, at the time of issuing the attachment, shall
give notice by setting up at three or more of the most public
places in the election district or ward in which such attachment
may issue, at least ten days before the return day thereof, an
affidavit of the truth of his claim, together with a copy of such
claim, and also a copy of such attachment.
Rodemer v. Detmold, 9 Gill, 250. Campbell v. Webb, 11 Md. 471.

Ibid. sec. 42. 1860. art: 51, sec. 42. 1849. ch. 269, sec. 1.

44. If the defendant or the garnishee in whose hands
property may be attached shall not show cause to the contrary,
the justice may condemn such property; provided, he is
satisfied by the oath of the plaintiff or by other proof that the
notice required above has been given.
Weed v. Lewis, 80 Md. 128.

Ibid. sec. 43. 1860, art 51, sec. 43. 1849, ch. 269, sec. 2.

45. The plaintiff in an attachment, before execution on any
judgment of condemnation shall be issued, shall give bond to
the defendant in such penalty as the justice of the peace shall
direct, not less than double the amount of the judgment of
condemnation, with good and sufficient security to be approved
by the said justice and conditioned to make restitution of the
property so condemned, or the v#lue thereof, and to pay such
damages as may be awarded to the defendant, if the defendant
shall at any time within twelve months and a day from the date
of issuing the attachment appear, either in person or by his
agent, before the justice issuing such attachment, or before
some other justice of the same county, and make it appear
that the plaintiff has been satisfied the said debt, or show that
it ought not to be paid, or that the said defendant was not
indebted to the plaintiff at the time of issuing said attachment.

Ibid. sec. 44. 1860, art. 51, sec 44. 1824, ch. 74, sec. 2. 1849, ch. 269, sec. 1.

46. A garnishee in whose hands any such attachment is
laid shall have the same rights and be subject to the same
liabilities as if such attachment had issued from the circuit
court for the county or the superior court of Baltimore city,
the court of common pleas or the Baltimore city court; but to
avail himself of his rights he must appear at the return of the
attachment; and he shall not have the four days thereafter for
his appearence allowed in said courts.

Weed v. Lewis, 80 Md. 128.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1382   View pdf image (33K)
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