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Supplement to the Maryland Code, 1862
Volume 381, Page 19   View pdf image (33K)
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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.

 

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Supplement to the Maryland Code, 1862
Volume 381, Page 19   View pdf image (33K)
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