414

LAWS OF MARYLAND.

Writ of sum
mons.

40. There shall be issued with every attachment
issued, under the provisions of the two preceding
sections, a writ of summons against the defendant,
as is usual in actions at law.

Clerk shall
take bond.

41. Every Clerk, before issuing an attachment,
under the preceding sections, shall take from the
plaintiff, or some person on his behalf, bond to the
State of Maryland, with security to be approved
by said Clerk, in double the sum alleged to be due
by the defendant or defendants, conditioned 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 attachment, which bond
shall be filed in the office of the Clerk issuing such
attachment; the condition of said bond shall be
substantially in the following form: The condition
of this obligation is such that, whereas, the above
bounden ———— hath, on the day of the date here-
of, ordered an attachment out of (naming the
Court from which the said attachment shall issue)
at the suit of ———— vs. ———— , for the sum of
————; and the same being about to be sued out
of said Court, returnable on the — day — next.
Now, if the said —— shall prosecute his suit
with effect, or in case of failure thereof, shall well
and truly pay and satisfy the said ———— , all such
costs in said suit and such damages as shall be
awarded against ———— , his heirs, executort, or
administrators, in any suit or suits which may
hereafter be brought for wrongfully suing out said
attachment, then the above obligation to be void,
otherwise to remain in full force and effect. Every
attachment issued without a bond and affidavit
taken as aforesaid is hereby declared illegal and
void, and shall be dismissed.

Affidavit to
be filed.

42. In all cases where two or more persons are
jointly indebted, either as partners or otherwise,
and an affidavit shall be filed as hereinbefore pro-
vided, so as to make one or more of such joint
debtors amenable to the process of attachments,
then the writ of attachment shall issue against the
lands and tenements, goods, chattels and credits
of such as are so brought within the provisions of
this law; but the writ of summons shall issue