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Session Laws, 1962
Volume 651, Page 105   View pdf image (33K)
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J. MILLARD TAWES, Governor 105

"Attachments on Original Process for Fraud" be and they
are hereby repealed and re-enacted, with amendments, to read as
follows:

13. No sheriff or other officer shall levy by way of execution
against the garnishee more than the plaintiff's debt and cost, nor
more than what the said plaintiff shall make appear to be the
value of the property and credits attached in the hands of such
garnishee, together with such costs only as the garnishee shall
put the plaintiff to by denying himself to be indebted to the de-
fendant, and contesting the same. [; and upon any judgment of
condemnation nisi against any garnishee for want of appearance
or plea, the plaintiff shall be at liberty to proceed and prove his
case in the same manner as in any judgment by default ex parte,
and not otherwise, by proof of his debt, and also of the amount
of the assets of the defendant in the hands of the garnishee properly
subject to attachment; and no judgment, of condemnation nisi
shall be made absolute without such proof; provided, that in all
cases in which a garnishee has been summoned, at any time after
the return of the writ, the plaintiff may file interrogatories in the
cause, which shall be served by the sheriff upon the garnishee within
ten days thereafter; or, if the garnishee shall be a non-resident of
the State, shall be served upon the garnishee by some person to be
appointed by the court in which the case is pending; and if the
garnishee shall fail to answer said interrogatories within twenty days
after the service of the interrogatories upon him, then, upon proof
of such service, the plaintiff shall be entitled to judgment against
the garnishee for the amount of the claim of the plaintiff for which
the attachment was issued. ]

36. [There shall be issued with every attachment issued under
the provisions of Sections 34 and 35 of this article, a writ of sum-
mons against the defendant, as is usual in actions at law. The
action] An attachment on original process shall be instituted either
in the county where the defendant resides or where the property
proposed to be attached may be located or found, or where the
proposed garnishee resides£; but if the action be instituted in any
county other than that wherein the defendant resides, the writ of
summons against the defendant shall be directed to the sheriff of the
county wherein the defendant resides, returnable to the court in
which the action shall be brought].

SEC. 11. And be it further enacted, That sub-section (f) of Section
40 of Article 11 of the Code, title "Banks and Trust Companies", sub-
title "Savings Institutions"; Section 87 of Article 11 of the Code; title
"Banks and Trust Companies", sub-title "General Regulations";
Sections 175 and 184 of Article 11 of the Code, title "Banks and
Trust Companies", sub-title "Industrial Finance Companies"; and
Section 220 of Article 11 of the Code, title "Banks and Trust Com-
panies", sub-title "Currency Exchange Law", be and they are hereby
repealed and re-enacted, with amendments, to read as follows:

40 (f) Any person, firm or corporation aggrieved by the decision
or determination of the Bank Commissioner as to any application to
establish, maintain and operate a branch or branches within this
State shall have a right of appeal to the circuit court of the county or
to the f Supreme Bench of] Baltimore City Court, depending upon


 

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Session Laws, 1962
Volume 651, Page 105   View pdf image (33K)
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