Id. s. 20. 1832, c. 280, s. 5; 1834, c. 79, s. 2; 1854, c. 153, s. 4. Appearance of defendant and dissolving at- Id. s. 21. 1852, c. 155, s. 1. Quashing at return day. Proceedings. contained in this article, in relation thereto, subtitle Proceedings against Corporations. 21. No attachment shall be dissolved unless every defendant appears to the action, and unless a bond be given by or on behalf of the defendant or defendants, in a sum of money equal to the value of the property attached, with security to be approved by the court or the judge thereof, if in recess, to satisfy any judgment that shall be recovered in such case against the defendants. 22. Any absent defendant, or any one in his behalf, may file a petition to the judge of a court from which an attachment has issued tachment before before the return day of such attachment, praying that the said writ be quashed and set aside, and thereupon the judge shall order the sheriff to return said writ and the proceedings thereunder immediately before him, and the said judge shall, upon such return and after such notice as he shall prescribe to be given to the adverse party or his attorney, proceed to hear said petition and receive evidence and adjudicate thereon, in the same manner and to the same extent as the said judge would be empowered to do while sitting in court at the return day of said writ, on motion to quash and set aside the same; provided, such petition shall not prevent the further execution of said attachment until the judge shall order the same to be quashed. Further execution. Id. s. 22. 1852, c. 155, s. 2. Appeal. Id. s. 23. 1852, c. 155, s. 2. tiff. Bond to prosecute appeal from order 23. Either party shall be at liberty to appeal from the decision of the judge on said petition within sixty days thereafter. 24. If the judge shall quash said attachment, and the plaintiff Appeal of plain- shall appeal and give bond in such penalty and with such security as said judge may approve, conditioned to prosecute said appeal with effect, or in default thereof to pay such costs and damages as the absent defendant or other persons interested in said property or credits may incur, or suffer by reason of such attachment and Attachment in appeal, the attachment shall remain in force as if no such petition had been filed. quashing attachment. force. Id. s. 24. 1852, c. 155, s. 2. Time within which to file bond. Id. s. 26. 25. The party appealing under the preceding sections shall have ten days from the date of the judgment quashing any such writ of attachment within which he may file his appeal bond, and the writ of attachment shall remain in force during that time. 26. If any person of full age residing out of this State, is entitled by descent or devise to any lands or tenements lying in this State, and the person from whom such lands descended or by whom devisee for debt the same were devised, was indebted to any person, the court in 1794, c. 54, s. 7. Attachment against land, etc., of heir or of intestate or testator. 1876, c. 254. When the court may order the sale of perishable property attached. which any suit against such heir or devisee may be instituted, may award an attachment against the lands and tenements of such heir or devisee, held by descent or devise from the person so indebted, in the same manner and to have the same effect as attachments awarded against other persons residing out of the State. 27. Any of the courts of this State, in which an attachment suit is pending, either on original or appellate jurisdiction, or any judge thereof, in vacation, may order a sale of any perishable property which may be levied on by virtue of such attachment, whenever the court or judge may deem such sale expedient, on such terms and notice as the order may prescribe, and such sale may be ordered before or after the return of the attachment, and the proceeds of such sale, after payment of the expenses incident thereto, shall be paid into court, and deposited with the clerk, subject to the order of the court, on the final decision of the case. Art. 10, s. 28. 1845, c.51; 1846, c. 324-328. Omission or misspelling of 28. No writ of attachment shall be quashed by reason of the omission or misspelling of the Christian name of any non-resident or absconding debtor, but the court shall allow such writ of attach- Christian name. ment to be amended at any time before judgment thereon. Amendment. Attachment for 29. No attachment sued out for a debt due to any minor, feme Art. 10, s. 29. covert, or lunatic, on the oath or affirmation of the guardian, hus- 1832, c. 280, s. 4. band, or committee of such minor, feme covert, or lunatic, shall be debt due minor, quashed or set aside for any defect in matter of form. feme covert, or lunatic. ATTACHMENTS AFTER TWO NON ESTS. 30. When two summonses have been returned non est against the defendant in any of the courts of law of this State, the plaintiff, upon proof of his claim as hereinbefore required, shall be entitled to an attachment, and the judge of the court where such action is pending shall order such attachment to issue, and the same proceedings shall be thereupon had as in attachments issued against absconding debtors. ATTACHMENTS ON JUDGMENTS OR DECREES. 31. Any plaintiff having a judgment or decree in any court of law or equity in this State, may, instead of any other execution, issue an attachment against the lands, tenements, goods, chattels, and credits of the defendant in the plaintiff's own hands, or in the hands of any other person, which attachment shall contain the clause scire facias required in an attachment against a non-resident or absconding debtor. of Id. s. 31. 1715, c. 40, s. 7. condemnation, 32. If neither defendant, nor the garnishee in whose hands such property or credits were attached, appear at the return of the attachment and show sufficient cause to the contrary, the court shall and execution. condemn the said property and credits so attached, and award exe- 35 Md. 232; 40 cution thereof. of 33. The plaintiff may have more than one attachment or writ attachment, to be laid in the hands of different persons or levied on other property or effects than that taken under the first, though the first be still outstanding; provided, that but one satisfaction of the debt or demand shall be made, and that it shall be in the discretion of the court in all such cases, whether any costs, or, if any, what amount of costs shall be allowed on the subsequent attachment or attachments. 29 Md. 536, 553; Md. 249. 1867, c. 418. tachments may How many at be laid or levied. 1864, c. 306. Plaintiff. 25 Md. 350, 368; 29 Md. 221; 30 Md. 334: 31 Md. 492: 35 Md. 505; 40 Md. 414; 47 Md. 112. Affidavit. Id. s. 2. ATTACHMENTS ON ORIGINAL PROCESS. 34. Every person and every body corporate that has the right to become a plaintiff in any action or proceeding, before any judicial tribunal in this State, shall have the right to proceed by attachment in the following cases, upon the conditions and in the manner herein provided: Before any such writ of attachment shall be issued, the plaintiff, or some person in his behalf, shall make an affidavit before the clerk of the court from which said attachments shall issue, stating that the defendant or defendants named in the writ of attachment is bona fide indebted to the plaintiff, or plaintiffs, in the sum of- dollars, over and above all discounts; and that the plaintiff knows, or has good reason to believe either (first) that the debtor is about to abscond from this State, or (second) that the defendant has assigned, disposed of, or concealed, or is about to assign, dispose of, or conceal his property, or some portion thereof, with intent to defraud his creditors, or (third) that the defendant fraudulently contracted the debt, or incurred the obligation respecting which the action is brought, or (fourth) that the defendant has removed, or is about to remove, his property, or some portion thereof, out of this State, with intent to defraud his creditors. 35. At the time of making said affidavit, the plaintiff shall prodebt to be filed. duce the bond, account, or other evidence of the debt, by which said debtor is indebted, and the same shall be filed among the papers in the cause. 36. There shall be issued with every attachment issued, under the provisions of the two preceding sections, a writ of summons against the defendant, as is usual in actions at law. 37. Every clerk, before issuing an attachment under the preceding sections, shall take from the plaintiff, or some person on his behalf, bond to the State of Maryland, with security to be approved by said clerk, in double the sum alleged to be due by the defendant or defendants, conditioned for satisfying all costs which may be awarded to such defendant or defendants, or to any other person or persons interested in the proceedings, and all damages which shall be recovered against the plaintiff for wrongfully suing out such attachment, which bond shall be filed in the office of the clerk issuing such attachment; the condition of said bond shall be substantially in the following form: The condition of this obligation is such that, whereas the above bounden "9 hath, on the day of the date hereof, ordered an attachment out of (naming the court from which the said attachment shall issue) at the suit of sum of V. for the ; and the same being about to be sued out of said next. Now, if the said day of all such costs in said court, returnable on the 9 his hereafter be brought for wrongfully suing out said attachment, then the above obligation to be void, otherwise to remain in full force and effect. Every attachment issued without a bond and affidavit taken as aforesaid, is hereby declared illegal and void, and shall be dismissed. 38. In all cases where two or more persons are jointly indebted, Id. s. 5. either as partners or otherwise, and an affidavit shall be filed as hereinbefore provided, so as to make one or more of such joint debtors amenable to the process of attachment, then the writ of How attachment and sumattachment shall issue against the lands and tenements, goods, mons to issue in chattels, and credits of such as are so brought within the provisions indebtedness. cases of joint of this law; but the writ of summons shall issue against all the joint defendants, as in other actions against joint defendants. curity from 39. In case the defendant is not satisfied with the sufficiency of Id. s. 6. the surety or sureties, or any one of them, or with the amount specified in the bond aforesaid, he may, at any time before judgment, apply to the judge of the court in which the said bond is filed for an order requiring the plaintiff to give additional security, Additional senotice of which application shall be given to the plaintiff, not less plaintiff. than four days before the same is made; and the said judge, if satisfied, from evidence of the insufficiency of the said bond, may order or require the plaintiff to give an additional bond, with security to be approved of by the court, in such sum and within such time as he may deem proper, and in case the plaintiff shall fail to comply with such order, the said writ of attachment shall be quashed and the property attached, or its proceeds, if the same shall have been sold by order of the court, shall be returned to the defendant. Practice and pleadings. 29 Md. 227: 31 Md. 492; 35 Md. 40. The practice and pleadings, under the writ of attachment Id. s. 7. issued in compliance with the foregoing sections, shall in all other respects, not herein provided for, conform, as near as may be, to the practice and proceedings under writs of attachment against 294. non-resident and absconding debtors. CLAIMANTS OF PROPERTY. erty seized ment or execu proceed. 10 Md. 22; 16 Md. 410; 21 Md. 41. In all attachments and writs of execution whenever the 1874, c. 285. Third party same shall be levied upon any personal property, goods, or chattels, claiming propwhich are claimed by a person or persons or corporation other than under attachthe defendant or defendants in said attachment or writ of execution, tion, how to such person or persons or corporation may file a petition with the court issuing such attachment or writ of execution, or with the court before whom such attachment or writ of execution is returnable if it be returnable before a court other than the court issuing the same, which petition shall clearly set forth the claim and right to the property so levied upon and be verified by the oath or aflirmation of the petitioner or some person in his behalf; and it shall be the duty of the clerk to docket a suit against both the plaintiff and defendant in 405; 3 H. & Mell. 553; 6 G. & J. 298. Id. s. 46. property to be the levy. such attachment or writ of execution, and issue a summons directed to said plaintiff and defendant giving notice of such claim, which summons shall be returnable to the same term with the attachment or writ of execution. 42. Upon the filing of a bond by or on behalf of such petitioner and claimant of property so levied upon, in a sum of money equal discharged from to double the appraised value of the property, with security or securities residents of this State, to be approved by the court or the judge thereof if in recess, or by the clerk if by reason of the absence or sickness of the judge his approval cannot be had at the time of the filing of such petition, as bonds are now approved by law, and conditioned for satisfying all costs and such damages as shall be awarded the plaintiff in such attachment or writ of execution in case the plaintiff shall recover judgment of condemnation, the property so levied upon shall be discharged from the levy; provided, that the damages, if any, recovered by the plaintiff in the attachment or writ of execution, shall not exceed the real value of the property so discharged from levy by these proceedings; and provided further, if the plaintiff fails to recover judgment of condemnation for the property so levied upon, the petitioner shall be awarded his costs, and shall recover damage for the wrong and injury done him by reason of the illegal seizure and detention of his property. Id. s. 47. ties on the bond, 43. In case the plaintiff in such attachment or writ of execu tion, is not satisfied with the sufficiency of the surety or sureties in the bond taken under the preceding section, he may at any time before judgment apply to the judge of the court in which the said bond is filed, for an order requiring the petitioner to give additional security, notice of which application shall be given to the petitioner not less than five days before the same is made, and the said judge, if satisfied from evidence of the insufficiency of the bond, may order or require the petitioner to give an additional bond within such time as he shall deem proper, and in case of refusal to comply with such order, judgment may be entered against such petitioner to the amount of the real value of the property levied upon, upon which execution may issue as provided by law, and said plaintiff may also have an execution against the defendant in the original attachment or writ of execution; provided, that but one satisfacOne satisfaction. tion of the debt or demand shall be made, and it shall be within the discretion of the court in all such cases to dispose of the matter of Art. 10, s. 34. 1853, c. 201, s. 1 Jurisdiction of justices of the peace in attachment. 13 Md. 196. ATTACHMENTS FROM JUSTICES OF THE PEACE. 44. The several justices of the peace of this State may issue an attachment, by way of execution, on any judgment obtained before any justice of the peace in all cases where a writ of fieri facias might issue. |