76

LAWS OF MARYLAND.

and vendee, and if they are satisfied of the fact, that
they are so charged, to credit the vendor to the amount
thereof; and if paid by the vendor or his legal repre-
sentatives, to refund the said amount so erroneously
paid to the legal representative or representatives of the
said James F. Neale; Provided, they be also satisfied
that the said John W. Smoot has paid the same, or the
land in his possession is liable for the same.

In force.

SEC. 2. And be it enacted, That this act shall take
effect from the date of its passage.

CHAPTER 75.

Passed

Feb. 24, 1854.

AN ACT making the return of service by officers of
writs of attachments, and of noire facias evidence,
without requiring witnesses thereto.

Return of ser-
vice not to re-
quire witness.

SECTION 1. Be it enacted by the General Assembly
of Maryland, That all officers who are now or may
hereafter be authorised by law to execute attachments
on warrants or by way of execution, be, and they are
hereby authorised and empowered to make known to
the person or persons or body corporate, in whose hands
or possession any goods, chattels or credits shall be at-
tached, to be and appear before the court or justice of
the peace before whom such attachment shall be re-
turnable, on the return day thereof, to show cause if
any they have, why the goods, chattels or credits so at-
tached should not be condemned and execution there-
of had, and that the said notice to the garnishee or
garnishees need not be given in the presence of any
witness or witnesses, but the sworn return of the of-
ficer shall be the evidence of the same as is now the
case in the service of other writs.

Sworn return
of officer evi-
dence.

SEC. 2. And be it enacted, That it. shall not here-
after be necessary for the officer legally authorised to
serve writs of scire facias, to execute the same in the
presence of the witnesses, but the sworn return of the
officer shall be sufficient evidence of service as in the
service and return of other writs.

In force.

SEC. 2. And be it enacted, That this act shall take
effect from its passage.