ART. 9] ON ORIGINAL PROCESS FOR FRAUD. 281
security, notice of which application shall be given to the plain-
tiff not less than four days before the same is made; and the
said judge, if satisfied from evidence of the insufficiency of
the said bond, may order or require the plaintiff to give an
. additional bond, with security to be approved of by the court,
in such sum and within such time as he may deem proper; and
in case the plaintiff shall fail to comply with such order, the
said writ of attachment shall be quashed, and the property
attached, or its proceeds, if the same shall have been sold by
order of the court, shall be returned to the defendant or be
•otherwise disposed of, as shall be ordered by the court.
1888, art. 9, sec. 41 1864, ch. 306, sec. 7.
42. The practice and pleadings under the writ of attach-
ment issued in compliance with sections 36—41 of this article
shall, in all other respects not therein provided for, conform,
as near as may be, to the practice and proceedings under writs
of attachment against non-resident and absconding debtors.
Ibid. sec. 42. 1868, ch. 447.
43. Every justice of the peace may issue an attachment in
any of the cases mentioned in section 36 of this article, where
the sum claimed shall not exceed one hundred dollars, upon the
party applying for the same making before the justice the affi-
davit, and exhibiting the proofs and vouchers necessary to
authorize an attachment to be issued from the circuit court in
such cases, and giving bond, with security to be approved by
said justice, in double the sum alleged to be due, and condi-
tioned as is provided in section 39 of said article, except such
changes of language as may be necessary to make the same
applicable to a proceeding before a justice of the peace; and
such attachment shall be returnable before the justice who
issued it, on a day certain to be named therein, not less than
twenty nor more than thirty days from the date of issuing it;
and the plaintiff shall give notice of the issuing of such
attachment in the same manner as in case of attachments
before a justice against non-resident or absconding debtors;
and a writ of summons shall also be issued with such attach-
ment, as is usual in cases of debt before a justice, and the pro-
ceedings on such attachment shall conform as near as practicable
t the practice and proceedings under writs of attachment
against non-resident or absconding debtors, issued by a justice
of the peace.
Collier v. Hanna, 71 Md. 254. Sanborn v. Mullen, 77 Md. 480.
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