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Session Laws, 1856
Volume 623, Page 142   View pdf image
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142

LAWS OF MARYLAND;

to (here insert the name of the plaintiff or plaintiffs)
the following goods and chattels (here insert them)
which a certain (here insert the name or names of the
defendant or defendants) of ——— county (or city)
unjustly withholds from the said plaintiff or plaintiffs,
and to summon the said (defendant or defendants)
to appear before the (here insert the name of the
court) to be held at (here insert the place) in and for
(here insert the county or city) on the —— day of
———— next, to answer an action at the suit of (here
insert the name or names of the plaintiff or plain-
tiffs.)
And have you then and there this writ.
Witness the honorable ———— judge of the said
court, the —— day of ———— in the year, &c.
(Signed)
Clerk."

Not necessary.

6. It shall not be necessary, for the plaintiff or
plaintiffs in an action of replevin, to deliver to the
Clerk of the Court a memorandum in writing, as is
required to be done before the issuing of a writ of
summons, but the writ of replevin shall be issued by
the Clerk of the Court, upon a proper bond being
delivered to him, and the other pre-requisites of the
law, if any, complied with.

Mode of ap-
pearance.

17. The mode of appearance to a writ of reple-
vin by the defendant or defendants, shall be by de-
livering a memorandum in writing, to the Clerk of
the Court, like the one required for appearing to the
writ of summons.

If defendant
shall not ap-
pear.

18. In all actions of replevin, if the defendant or
defendants shall be returned "summoned" and shall
not appear in person or by attorney, on or before the
fourth day of the term, next succeeding that to which
such return shall be made, the Court shall be author-
ized and required, on motion, to enter up judgment
for the plaintiff or plaintiffs for the property replevied,
and for damages in the discretion of the Court,
upon satisfactory proof of any, and costs; which
judgment shall be as valid and effectual, as an judg-
ment rendered on the verdict of a jury.

Shall endorse.

19. The sheriff or other person serving the writ
of replevin shall endorse on the same "replevied and
delivered" or "'eloigned" as a return to that part of
the writ which directs the replevin; and on the part
of the unit which directs the defendant or defend-
ants to be summoned, the same returns as on the
writ of summons.



 
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Session Laws, 1856
Volume 623, Page 142   View pdf image
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