clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Supplement to the Maryland Code, 1862
Volume 381, Page 19   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ART. 10] ATTACHMENTS. 19
ARTICLE X.

Attachments.

The Act of June 24, 1861,, ch. 11, adds the following sections to this Article:

SEC. 1. In all actions for illegal arrest, false imprisonment, or
violation of the twenty-first, twenty-third, twenty-eighth and
twenty-ninth Articles of the Declaration of Eights, or any of
them, or of the existing or. any future provisions of the code
touching the writ of habeas corpus, or proceedings thereunder,
the plaintiff shall be entitled to the benefit of all the provisions
of this act, in regard to attachments against the lands, tene-
ments, goods, chattels and credits of non-resident or absconding
defendants.

2. No warrant from a judge or justice of the peace, shall be
necessary in order to entitle the plaintiff, in any of the cases
provided for in the preceding section, to the benefit of the
remedy therein granted; but attachment on the amount of
damages claimed in the declaration shall be issued upon the
written order of the plaintiff or his attorney, by the clerk of the
court in which the action shall be instituted, upon the filing of
the declaration, with an affidavit by the plaintiff or his attorney
or some other person, that the said action hath been instituted
bona fide, and for a wrong actually done, as in said declaration
set forth.

3. This act shall be liberally construed as a remedial act, and
the provisions of this article and of all other articles of the code
applicable to the premises, shall be applied in furtherance of the
remedy and without hindrance for defect of form merely; pro-
vided, however, that no final judgment shall be rendered in any
case herein provided for, except upon inquisition found by a
jury, upon proof as in cases of judgment by default in like
actions.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Supplement to the Maryland Code, 1862
Volume 381, Page 19   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This information resource of the Maryland State Archives is presented here for fair use in the public domain. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: Rights assessment for associated source material is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!


[ Archives' Home Page  ||  All About Maryland  ||  Maryland Manual On-Line  ||  Reference & Research
||  Search the Archives   ||  Education & Outreach  ||  Archives of Maryland Online ]

Governor     General Assembly    Judiciary     Maryland.Gov

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 22, 2009
Maryland State Archives