ART. 9] AFFIDAVIT. 269
of the United States; or the affidavit may be made before the
clerk of the court from which the attachment shall issue.
Hadden v Linville, 86 Md. 235.
1888, art. 9, sec. 6. 1860, art. 10, sec. 6. 1795, ch. 56, sec. 2.
6. If the affidavit is made in this State, and before a justice
of the peace or judge in any other county than that in which
the attachment is to be issued, there shall also be a certificate,
under the seal of the court, from the clerk of the circuit court
for the county in which it is made, that the justice of the peace
or judge before whom the said affidavit was made was, at the
time. the same was made, a justice of the peace or judge; or
the same may be certified by the clerk of the superior court of
Baltimore city, when the affidavit is made in that city; or if
the affidavit be made out of the State, and before a judge of a
court of record, there shall be a certificate from the clerk of
said court, under the seal thereof, that at the time the same
was made he was a judge of said court, and that the same is
a court of record; or if made before a commissioner of this
State, the same shall be certified under his official seal.
Evesson v. Selby, 32 Md. 345. Coward v. Dillinger, 56 Md. 60.
Ibid. sec. 7. 1860, art. 10, sec. 7. 1795, ch. 56, sec. 1. 1832, ch. 280,
secs. 2 and 3. 1876, ch. 112.
7. The affidavit required by the preceding sections may be
made by the creditor, or one of them where there are more
than one, or by the agent of the creditor or creditors; by the
president, cashier or other officer of a corporation; by any
executor or administrator; or where the attachment is to be
issued in the name or in behalf of an infant, by the guardian
of such infant or by the infant himself; or by the husband of
a, feme covert, or by the committee of a lunatic.
Stockbridge v. Fahnestock, 87 Md. 133.
Ibid. sec. 8. 1860, art. 10, sec. 8. 1795, ch. 56, sec. 1. 1886, ch 507.
8. Upon making the affidavit and producing the proofs before
the clerk of the court from which such attachment is to issue,
or upon presenting to said clerk the affidavit and proofs when
said affidavit is not made before him, he shall issue an attach-
ment against the lands, tenements, goods, chattels and credits
of said debtor.
McCoy v. Boyle, 10 Md. 397. Boyd v. Ches. & Ohio Canal Co., 17 Md, 195.
Mathews v. Dare, 20 Md. 248.
|
|