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Session Laws, 1888 Session
Volume 481, Page 800   View pdf image (33K)
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800

LAWS OF MARYLAND.

hundred and seventy-six, chapter two hundred
and eighty-five, entitled "An act to add new
sections to article ten of the Code of Public
General Laws entitled 'Attachments ' and to be
sub-titled 'Claimants of Property,'" be and the
same are hereby repealed and re-enacted with
amendments so as to read respectively as follows :
(45.) Whenever an attachment shall be levied
upon any personal property, goods or chattels

May file a
petitton.

which may be claimed by a person or corporation
other than the defendant in such attachment,
such person or corporation may file a petition,
under oath, with the court before whom such
attachment is returnable, setting forth clearly
the origin and character of his or its claim to the
property so levied upon ; and thereupon it shall
be the duty of the clerk to docket a suit against
both the plaintiff and defendant in such attach-
ment, and issue a summons directed to said
plaintiff and defendant, giving notice of such
claim, and returnable to the next succeeding rule
day or term. If such claimant shall establish
the validity of his claim to said property he
shall be awarded his costs, and shall also be en-
titled to recover damages in such suit for the
wrong and injury done him by reason of such
seizure and detention of his property.
(46.) Upon the filing of a bond by or on behalf
of such claimant in a penalty equal to double

Shall be sur-
rendered.

the value of the property as ascertained by an
appraisement thereof, to be made by the sheriff
at the time of the levy, to be approved of by the
clerk and conditioned for satisfying all costs and
such damages not exceeding the real value of
the property attached, as the plaintiff shall re-
cover in case said claimant shall fail to establish
his claim, the said property shall be discharged
from the levy and surrendered to the party in
possession thereof when attached.
(47). In case the plaintiff in such attachment

Require ad-
ditional secu-
rity.

is not satisfied with the sufficiency of the surety
or sureties in the bond taken under the preced-
ing section, he may at any time before judg-
ment apply to the judge of the court in which
the said bond is filed for an order requiring the
petitioner to give additional security, notice of
which application shall be given to the peti-



 
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Session Laws, 1888 Session
Volume 481, Page 800   View pdf image (33K)
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