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Session Laws, 1864
Volume 531, Page 413   View pdf image (33K)
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A. W. BRADFORD, ESQUIRE, GOVERNOR. 413

CHAPTER 306.

 

AN ACT to add new sections to Article ten of the
Code of Public General Laws, entitled, " At-
tachments," providing for attachments on origi-
nal process.

Passed March
9, 1864.

SECTION 1 . Be it enacted by the General Assembly
of Maryland, That Article ten of the Code of Pub-
lic General Laws, entitled, "Attachments," be
amended by adding thereto the following sections,
under the sub-title of attachments on original
process ;

Article
amended.

38. Every person and every body corporate that
has the right to become a plaintiff in any action
or proceeding, before any judicial tribunal in this
State, shall have the right to proceed by attach-
ment, in the following cases, upon the conditions
and in the manner herein provided: Before any
such writ of attachment shall be issued the plain-
tiff, or some person in his behalf, shall make an
affidavit before the Clerk of the Court from which
said attachment shall issue, stating that the de-
fendant or defendants named in the writ of attach-
ment is bona fide indebted to the plaintiff or plain-
tiffs in the sum of ———— dollars, over and above
all discounts; and that the plaintiff knows, or has
good reason to believe either (first) that the debtor
is about to abscond from this State, or (second)
that the defendant has assigned, disposed of, or
concealed, or is about to assign, dispose of, or con-
ceal his property, or some portion thereof, with
intent to defraud his creditors, or (third) that the
defendant fraudulently contracted the debt, or in-
curred the obligation respecting which the action
is brought, or (fourth) that the defendant has -re-
moved, or is about to remove, his property, or
some portion thereof, out of this State, with intent
to defraud his creditors.

Right to pro-
ceed by attach-
ment.

39. At the time of making said affidavit the
plaintiff shall produce the bond, account or other
evidence, of the debt, by which said debtor is in-
debted, and the same shall be filed among the
papers in the cause.

Plaintiff to
produce evi-
dence of debt.



 

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Session Laws, 1864
Volume 531, Page 413   View pdf image (33K)
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