798

LAWS OF MARYLAND.

non-resident or absconding debtor. Whenever
such attachment shall be issued upon a decree
of a court of equity, such court shall have au-
thority and jurisdiction to hear and determine
any question that may arise upon such attach-
ment as fully as the same could be heard and
determined by any court of law, subject to the
right of appeal to the court of appeals as in
other cases ; but if any party to such attachment

Jury trial.

shall pray a jury trial at any time before such
attachment case shall be determined by said
court of equity, such attachment proceedings
shall be transmitted to a court of law, to be
tried as in cases of attachment on judgment.
SEC. 2. And be it enacted, That sections three,
four and six of the act of eighteen hundred and
sixty-four, chapter three hundred and six, en-

Repealed and
re-enacted.

titled "An act to add additional sections to ar-
ticle ten of the Code of General Laws, title
'Attachments,' sub-title 'Attachments on
Original Process,'" be and the same are hereby
repealed and re-enacted with amendments so as
to read respectively as follows :
SEC. 3. The action shall be instituted either in
the county where the defendant resides or where

Attach where
found.

the property proposed to be attached may be
located or found, or where the proposed garnishee
resides; but if the action be instituted in any
county other than that wherein the defendant re-
sides there shall be issued a writ of summons
against the defendant, directed to the sheriff of
the county wherein the defendant resides, re-
turnable to the court in which the action shall
be brought.
SEC. 4. Every clerk, before issuing an attach-

Take bond.

ment under the preceding section, shall take from
the plaintiff, or some person on his behalf, bond
to the State of Maryland with security to be ap-
proved by said clerk in double the sum alleged
to be due by the defendant or defendants, condi-
tioned for satisfying all costs which may be
awarded to such defendant or defendants, or to
any other persons interested in the proceedings,
and all damages which shall be recovered against
the plaintiff, for wrongfully suing out such at-
tachment, which bond shall be filed in the office
of the clerk issuing such attachment. The condi-