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Supplement to the Maryland Code, Containing the Acts of the General Assembly Passed at the Session of 1864
Volume 382, Page 20   View pdf image (33K)
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20 ATTACHMENTS. [ART. 10.

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 persons interested in the proceedings, and all dam-
ages which shall be recovered against the plaintiff, for wrong-
fully 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 ———— hath, on the day of the date hereof, ordered an
attachment out of (naming the court from which the said attach-
ment shall issue) at the suit of ———— vs. ———, for the sum
of ————; and the same being about to be sued out of said
court, returnable on the — day — next. NOW, if the said ——
shall prosecute his suit with effect, or in case of failure thereof,
shall well and truly pay and satisfy the said ————, all such
costs in said suit and such damages as shall be awarded against
————, his heirs, executors, or administrators, in any suit or
suits which may 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 de-
clared illegal and void, and shall be dismissed.

5. In all cases where two or more persons are jointly in-
debted, 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 attachments, then
the writ of attachment shall issue against the lands and tene-
ments, goods, chattels and credits of such as are so brought
within the provisions of this law; but the writ of summons shall
issue against all the joint defendants, as in other actions against
joint defendants.

6. In case the defendant is not satisfied with the sufficiency
of the surety or sureties, or any one of them, or with the amount
specified in the bond aforesaid, he may, at any time before judg-
ment, apply to the judge of the court in which the said bond is


 

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Supplement to the Maryland Code, Containing the Acts of the General Assembly Passed at the Session of 1864
Volume 382, Page 20   View pdf image (33K)
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