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Session Laws, 1841
Volume 593, Page 47   View pdf image
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1841.

LAWS OF MARYLAND.

CHAP. 59.

Bond to be
taken

said justice, before he issues the same, to require and take
from the party demanding such writ of replevin, a bond to
the party holding the property, with one or more securities,
whom the said justice shall in conscience believe to be worth
double the value of the specified articles of property, in-
tended to be replevined, with condition that the party re-
plevying, his executors or administrators, shall well and truly
return the same property to the party out of whose hands
the property shall be so replevined, his executors, adminis-
trators or assigns, in case of a return of the same, shall be
adjudged by the justice before whom the said writ of re-
plevin shall be tried, and shall pay all damages and costs
which may be awarded by the said justice; find upon the
service of any such writ of replevin, the goods and proper-
ty shall be forthwith appraised by two sworn appraisers, to
whom the officer serving the said writ is hereby authorized
and required to administer an oath or affirmation, that they

Appraisers to
be sworn.

will truly and impartially appraise the same property at the
sum or price they shall believe it to be really worth, and if
such appraisement shall exceed one hundred dollars, all
further proceedings shall cease, and the plaintiff or party de-
manding the said writ, shall be liable for and pay all costs
and charges which may have, accrued thereon; and the said
officer shall return the said writ to the said justice, certify-

Schedule to
accompany
return.

ing thereon that the value of the property exceeds the ju-
risdiction of the said justice, and he shall return the sche-
dule and appraisement of the property, annexed to the said
writ and return.

Justices of
the peace to
have Jurisdic-
tion in cases
of attachment

Sec. 7. And be it enacted, That said justice of the peace
shall have jurisdiction over, and take cognizance of all cases
of attachments, where the amount claimed to be due does
not exceed the sum of one hundred dollars, exclusive of
costs and interest, in the same manner and to the same ex-
tent as the justices of the district court could, under the act
entitled, an act to establish magistrates courts in the several
counties of this State, and to prescribe their jurisdiction,
passed December session eighteen hundred and thirty-five,
chapter two hundred and one.

Justices of the
peace to put
this act in
force.

Sec. 8. And be it enacted, That the justices of the peace
aforesaid, are hereby authorized and empowered to issue all
and every process and writ to carry out and effect the ob-
jects of this act, that are now issued by justices of the peace,
or any court in this State, in like cases.

Inconsistent
acts repealed.

Sec. 9. And be it enacted, That all acts inconsistent with
this act, are hereby repealed, so far as the same relate to
Kent county.



 
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Session Laws, 1841
Volume 593, Page 47   View pdf image
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