MARVIN MANDEL, Governor                                      349

REVISOR'S NOTE: This language is derived from Art.
75, §§ 9 and 10. The provisions of these
sections are consolidated because they cover
the same subject matter. It should be noted
that subsection (a) applies only to the
forfeiture of recognizance to answer or
testify. It does not cover a recognizance
entered for payment of a fine or penalty
under Art. 18, §41. See Albrecht v. State,
132 Md. 150 (1918).

The only other changes made are in style.

SUBTITLE 6. PLEA IN BAR BY GARNISHEE AGAINST
DEFENDANT.

SEC. 11-601. JUDGMENT PLEADABLE BY GARNISHEE AGAINST
DEFENDANT.

(A)   IN GENERAL.

EXCEPT AS PROVIDED BY SUBSECTION (B), IF A
JUDGMENT OF CONDEMNATION IS EXECUTED AGAINST A
GARNISHEE OR THE GARNISHEE PAYS THE JUDGMENT, HE MAY
PLEAD THE EXECUTION OR PAYMENT IN BAR IN AN ACTION
BROUGHT AGAINST HIM BY THE DEFENDANT EVEN THOUGH THE
JUDGMENT IS LATER REVERSED OR SET ASIDE.

(B)   EXCEPTION.

THE GARNISHEE MAY NOT PLEAD THE EXECUTION OR
PAYMENT IF AT THE TIME OF EXECUTION OR PAYMENT THE
JUDGMENT OR ITS EXECUTION IS STAYED BY ORDER OF COURT.

REVISOR'S NOTE: This section is new language
derived from Art. 9, § 33.

SEC. 11-602. AMOUNT OF LEVY.

A SHERIFF MAY NOT LEVY BY WAY OF EXECUTION AGAINST
A GARNISHEE MORE THAN THE AMOUNT THE PLAINTIFF MAKES
APPEAR TO BE THE VALUE OF THE PROPERTY AND CREDITS
ATTACHED IN THE HANDS OF THE GARNISHEE, BUT IN NO
EVENT MAY THE LEVIED ASSETS EXCEED THE PLAINTIFF'S
DEBT AND COSTS INCLUDING THE COST INCURRED TO THE
PLAINTIFF BY THE GARNISHEE'S CONTEST OF THE
GARNISHMENT.

REVISOR'S NOTE: This language is derived from Art.
9, §13. The provisions of this section are
complementary to Rule G52; see Ford Motor Co.