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Session Laws, 1795
Volume 647, Page 47   View pdf image
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J O H N H. S T O N E, Efquire, Governor.

1795.

to iffue an attachment or attachments againft the lands, tenements, goods, chat-
tels and credits, of the faid debtor; upon the receipt of which warrant, together
with the proofs on which the fame was granted, and not otherwife, the clerk of
the general or of the county court, (as the cafe may require,) fhall iffue fuch at-
tachment or attachments, in which there fhall be the fame claufe of fcire facias
as by the act to which this, is a fupplement is directed to be inferted in attach-
ments awarded by, either of the faid courts, and the like procefs and proceedings,
fhall and may be had thereon as are required and prefcribed by the faid act upon
attachments awarded as aforefaid.

C H A P.
LVI.

II. And be it enacted, That the oath or affirmation of fuch creditor, made as
aforefaid before a judge of any other of the United States, fhall not be good and
fufficient evidence, unlefs there be thereto annexed a certificate of the clerk of
the court of which he is a judge, or certificate of the governor, chief magiftrate
or notary public, of fuch ftate, that the faid judge hath authority to adminifter
fuch oath or affirmation.

Oath of cre-
ditor not
good, &c.

III. And be it enacted, That upon the iffuing of every attachment as afore-
faid, there fhall be therewith iffued a writ of capias ad refpondendum againft the
defendant, and a declaration or fhort note, expreffing the plaintiff's caufe of ac-
tion, fhall moreover be filed, and a copy thereof fhall be fent with the writ, to
be fet up at the court-houfe door by the fheriff.

Provifion in
cafes of at-
tachments if-
fuing, &c.

IV. And be it enacted, That to every attachment iffued in purfuance of this act
the garnifhee may plead in behalf of the defendant fuch plea or pleas as the faid
defendant might or could do if he had been taken by the fheriff under the writ of
capias ad refpondendum iffued as aforefaid, and had accordingly appeared to the fame.

Garnifhee
may plead,
&c.

V. And be it enacted, That in all cafes of attachments it fhall and may be
lawful for the plaintiff to exhibit interrogatories, in writing, to the garnifhee
aforefaid, who fhall, by rule of court, anfwer each and every of the interroga-
tories aforefaid, touching or concerning the property of the defendant in his pof-
feffion or charge, or by him due or owing, at the time of ferving of fuch writ
of attachment, or at any other time, and if fuch garnifhee fhall neglect or refufe
fo to do, the court are hereby directed to adjudge that fuch garnifhee hath in his
poffeffion property of the defendant, or is indebted to fuch defendant, to an
amount and value fufficient to pay the debt, damages and intereft, of faid plain-
tiff, and cofts, and execution fhall iffue as in other cafes of condemnation in the
hands of garnifhees.

Plaintiff may
exhibit inter-
rogatories,
&c.

VI. And be it enacted, That if any plaintiff in any writ of attachment, or
any perfon for him, fhall make oath or affirmation, that he verily believes that
the perfon againft whom fuch writ of attachment fhall be directed to be ferved as
garnifhee hath property belonging to the defendant in his hands and poffeffion, or
under his care, or is indebted to the defendant in any fum of money, although
the fame fhall not then be due, and that he verily believes that he has juft caufe
to fear that fuch perfon is about to depart and remove from the county where he
refides, it fhall be lawful for the clerk of the court where fuch writ of attach-
ment iffues, on the affidavit being filed, to caufe to be inferted in the body of
fuch attachment a claufe of capias ad refpondendum againft fuch perfon as gar-
nifhee, purfuant to the nature of the plaintiff's claim, and he fhall be held to
fufficient bail to appear at court, and to make anfwers as by this act is directed,
and further, to render his body to...ifon, or pay the condemnation money, if
judgment fhall pafs againft him.

C H A P. LVII.

On oath of
plaintiff, a
claufe to be
inferted, &c.

A Supplement to the act, entitled, An act to ftreighten and amend
the public roads in Harford county, and for other purpofes.

Be it enacted, by the General Affembly of Maryland. That the road from
the Little falls of Gunpowder to Baltimore-town, in continuation of the
road from Belle ........ Harford county, to the faid falls, directed to be

Paffed De-
cember 24.

Road to be
laid out, &c.



 
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Session Laws, 1795
Volume 647, Page 47   View pdf image
 Jump to  
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