90
Dec. Ses. 1825.
Passed Feb.
18, 1826. |
JOSEPH KENT, ESQUIRE, GOVERNOR.
CHAPTER 114.
A additional supplement to the act entitled, An act directing the manner
of suing out attachments in this province and limitting
the extent
of them. |
Preamble. |
WHEREAS, the remedy by attachment which is provided
by
the existing laws of this state, is confined to citizens of some
one of the United States, and it is right and proper that all the
citizens and inhabitants of the United States should have equal
benefit and advantage from the laws of this state, as well those
residing in the district or other territorial governments as those
residing in the several states. |
Proceedings
directed. |
SEC. 1. Be it enacted by the General Assembly
of Maryland,
That it shall and may be lawful for any individual or individuals,
who may be an inhabitant or inhabitants, or resident or residents
of any part of the United States, whether of one of the
states or of the district of Columbia or other territories, and who
by the existing laws of this state may be entitled to sue out and
prosecute mesne process, to have, use and prosecute the process
by attachment in the cases and under the limitations and restrictions,
provided in the acts of assembly in that behalf made,
except only that it shall not be necessary to state in the proceedings
or to prove on the trial that the party proceeding by attachment
as aforesaid, was at the time of suing out the same, a citizen
or citizens of some one of the United States. |
Attachment
directed. |
2. And be it enacted, That it shall
and may henceforth be
lawful for the clerks of the several county courts, and they are
hereby authorised and required on the application of the plaintiff
or plaintiffs in any judgment rendered by a justice of the peace,
and proceeding the original judgment, or a copy thereof, under
the hand and seal of the justice who rendered the same, to
issue an attachment, as is authorised by the seventh section of
the act to which this is a further supplement, against the goods,
chattles and credits of the defendant or defendants in said judgments
in the hands of the plaintiff, or in the hands of any other
person or persons whatever corporate or sole, whether the said
defendant or defendants reside in the county in which the
said judgments were rendered, or elsewhere, which attachments
shall be directed to, and served by the sheriff or coroner, as the
case may require, of the county in which they are issued, and
the same proceedings shall be thereon had and observed, as are
now authorised and required by the existing laws in cases of
judgments rendered in courts of record. |
Commence
1st April. |
3. And be it enacted, That this act
shall commence and be in
force from and after the first day of April, in the year eighteen
hundred and twenty six. |
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