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Session Laws, 1843
Volume 595, Page 42   View pdf image
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LAWS OF MARYLAND.

1843

attachment may have been returned, may condemn said
goods and chattels, rights and credits, lands and tenements
so as aforesaid attached, and award execution thereof, to
be had and made as in other judgments; provided always,
that the said justice of the peace shall be satisfied, upon
the oath or affirmation of the said plaintiff, his agent or
attorney, that the notice required as aforesaid hath been
given according to the provisions aforesaid.

CHAP. 62.
Proviso.

Sec. 2. And be it enacted, That the said plaintiff so
obtaining any attachment as aforesaid, shall give bond in
such penalty as the said justice of the peace shall direct,
with good and sufficient security, before the said justice of
the peace rendering Judgment of condemnation as afore-
said, to and for the use of the said defendant, conditioned
to make restitution of the said goods and chattels, rights
and credits so as aforesaid condemned or the value thereof,
and to pay such damages as the said justice of the peace
may award to the said defendant, if the defendant whose
goods and chattels, rights and credits, were attached, shall
at any time within twelve months and a day, computed from
the dale of issuing the said attachment, come in and either
in person or by his agent, before the said justice of the
peace, rendering the said judgment of condemnation, or
before some other justice of the peace in the same election
district in said county, and make it appear that the said
plaintiff hath been and is satisfied and paid the said debt,
or show that it ought not to be paid, or that the said
defendant was not indebted to the said plaintiff at the time
of issuing said attachment, and the said judgment of con-
demnation shall be a good bar, and so pleadable, to any
suitor action brought against the garnishee or garnishees.

Plaintiff to
give bond.

SEC. 3. And be it enacted, That on all judgments of
condemnation rendered as aforesaid, the party in whose
favor the same may be rendered, shall on application to the
said justice of the peace rendering the said judgment of con-
demnation, have process, or execution thereon, for obtain-
ing the satisfaction of such judgments, and it shall be law-
ful for the said justice of the peace to issue a fieri facias,
and venditioni exponas, or capias ad satisfaciendum, upon
such judgments, returnable in the same manner and form
as are now legally used and practised by a single justice
of the peace in cases within his jurisdiction, and upon any
sale of lands or tenements under the provisions of this act,
the said sale shall be subject to the same provisions, and be
confirmed by Allegany county court, in the same manner
as sales of land and tenements are now by existing laws in
relation to constables sales.

Justice may
issue &c.

Sec. 4. And be it enacted, That each and every justice
of the peace in Allegany county, who shall issue any writs

Justice to re-
ceive 25 cents



 
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Session Laws, 1843
Volume 595, Page 42   View pdf image
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