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Session Laws, 1839
Volume 600, Page 40   View pdf image
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WILLIAM GRASON, ESQUIRE, GOVERNOR.

1839.

CHAPTER 39.

A further supplement to the act, entitled an act directing
the manner of sueing out Attachments in this Province,
and limiting the extent of them.

CHAP. 39.

Passed Mar. 19,
1840.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That from and after the passage of this act, it
shall and may be lawful for any of the courts of this State,
or any judge thereof, in any vacation of said courts, out
of which attachments shall issue, in conformity with the
provisions of the act to which this is a supplement, and
its several supplements, to order a sale of any personal
property, which may be levied on by virtue of such attach-
ments, (whenever they may deem such sale expedient, )
upon such terms and notice of sale as their order may
prescribe, as well previously to as after the return of the

Court, during
vacation, to or-
der sale of per-

sonal property.

attachments; and the proceeds of such sale after payment
of the expenses incident thereto shall be paid into court,
and be deposited to the credit of the suit in which the or-
der shall have been passed.

Proceeds of sale
to be paid into

court.

SEC. 2. And be it enacted, That no attachment shall
be dissolved in cases where the plaintiff or any one of the
plaintiffs is a citizen of this State, and where the defend-

State at the time the contract was made, or the debt or
damages accrued, upon which such attachment may issue,

No attachment
to be dissolved.

unless the defendant or defendants, or some one of them,
or some person in his or her behalf, give bond in a penal-
ty, with sureties to be approved by the court from which
the attachment issued, or one of the judges thereof dur-

Unless bond be
be given.

ing the recess, with condition that the defendant shall pay
to the plaintiff, the value of such goods, chattels or credits,
as may have been levied upon or taken under such attach-
ment, if the plaintiff in such attachment shall recover
against the defendant an amount equal to the value of such
goods, chattels and credits, and to pay the amount so re-
covered, if it shall be less than the value of the goods,
chattels and credits so attached.

With condition.

SEC. 3. And be it enacted, That upon giving bond as
provided in the preceding section, the attachment shall be
dissolved, upon the defendants authorising an appearance
to be entered, and common bail, but upon failure of the
defendant to appear, judgment of condemnation may be
entered against him, which shall be a sufficient judgment
to entitle the plaintiff to recover on such bond.

Upon bond be-
ing given, at-
tachment to be
dissolved.



 
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Session Laws, 1839
Volume 600, Page 40   View pdf image
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