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Session Laws, 1843
Volume 595, Page 41   View pdf image
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1843.

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 52.

Justice of
the Peace may
issue attach-
ment

having sued out writs of attachment out of Allegany county
court in cases of small debts. Therefore,
Section 1. Be it enacted by the General Assembly of
Maryland, That whenever any person or persons, shall be
indebted to any other person or persons, in a sum not ex-
ceeding fifty dollars, and the said creditor or creditors shall
make oath or affirmation, before any justice of the peace
of said Allegany county, that the said debtor or debtors, is
or are indebted unto him, Her or them, in the sum of not
exceeding fifty dollars, and that the said debtor or debtors
do not reside within the limits of the State of Maryland,
or that he, she or they, is or are credibly informed and
verily believes, that the said debtor or debtors hath or have
absconded from his, her or their place of abode, whereby
his, her or their creditors may be injured or defrauded, and
shall at the same time produce before the said justice of the
peace, the covenant, bill, bond, note or account, or other
evidence of the debt, it shall and may be lawful for the
said justice of the peace to issue an attachment, returnable
before the said justice of the peace, who issued the same,
upon a day certain to be therein named, not less than twenty
days, and not more than thirty days, from the date of the
issuing the said writ of attachment, against the goods and
chattels, rights and credits, lands and tenements, of the said
absent or absconding defendant, which are or shall be in the
hands or possession of any person or persons whatever, in
said Allegany county, and the said plaintiff, at the time of
issuing said attachment shall set up, at least at three of the
most public places in said Allegany county, at least ten days
before the return day of said attachment, an affidavit of the
truth of his claim, together with a copy thereof, in which
said attachment there shall be a clause commanding the
constable to whom the same may be directed, to make
known to each person or persons in whose hands or pos-
session the said goods, chattels, rights and credits, lands
and tenements are so attached, and if to him, her or them,
it shall seem meet to be and appear on the return day of
said attachment before the said justice of the peace issuing
the same, to show cause, if any he, she or they Have, why
such goods and chattels, rights and credits, lands and tene-
ments, so as aforesaid attached, shall not be condemned by
the said justice of the peace, and execution thereof had,
and made as in other cases of judgments and recoveries had
before single justices of the peace in said Allegany county,
at which said day of return of said attachment, if said defend-
ant, nor the garnishee in whose hands the aforesaid goods
and chattels, lights and credits, lands and tenements of the
defendant were attached, shall not shew cause to the con-
trary, the said justice of the peace before whom the said



 
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Session Laws, 1843
Volume 595, Page 41   View pdf image
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