1858, c. 285, s. 6. 11. It shall not be lawful for any judge to order a mandamus to Id. s. 11. issue in the alternative, but in all cases where a mandamus shall be Alternative ordered to issue, it shall be peremptory in form. mandamus not lawful. III.-CERTIORARI. Bond in certiorari in cases of landlord and tenant, and forcible entry and detainer. of Art. 75, s. 61. 1816, c. 187; 1822, c. 131. de- rari in cases be Bond in certio tween landlord and tenant, and forcible entry Upon the allowance of any writ of certiorari for the removal the proceedings by a justice of the peace, between landlords and tenants, and also in all cases of inquest for a forcible entry and tainer, or a forcible detainer, the party obtaining the said writ of certiorari, shall give bond with security to the opposite party, to be and detainer. approved by the judge or clerk of the court allowing the writ, in 15 Md. 194; 3 H. such penalty as the said judge or clerk shall direct, conditioned for H. & McH. 4; 7 the payment of all costs and damages that may be incurred or suffered by the delay of the proceedings, if the matter in controversy upon such writ shall be decided against the person obtaining the same. & McH. 438; 4 Gill. 238; 8 Gill. 152; 9 G. & J. 107. IV.-ATTACHMENTS. ATTACHMENTS AGAINST NON-RESIDENTS AND ABSCONDING DEBTORS. 1. Who may be plaintiff. 2. Who may be defendant. 3. Who an absconding debtor and what a 4. The affidavits; what to contain and evi- ! 7. Who can take affidavits. 8. The warrant to the clerk of court and issuing the attachment. 9. Duty of justice, when affidavits made out of county in which attachment to be issued. 10. The summons and the short note. 11. What may be attached. 12. What the attachment must contain; its execution and return. 13. Judgment of condemnation and execution; bond. 14. What may be levied against the garnishee. 15. The defence of garnishee for defendants. 16. Judgment of condemnation and execution thereon, or payment of garnishee, when bar against defendants. 17. The interrogatories; what judgment to be ATTACHMENTS AFTER TWO NON ESTS. 30. Attachment on judgment for attachment. ATTACHMENTS ON JUDGMENTS OR DECREES. 31. Attachment on judgment; when to issue 33. How many attachments may be laid or and what to contain. 32. Appearance, condemnation and execution. 34. Plaintiff; affidavit. levied. ATTACHMENTS ON ORIGINAL PROCESS. 35. Evidence of debt to be filed. 37. Bond. 38. How attachment and summons to issue in 59. Additional security from plaintiff. CLAIMANTS OF PROPERTY. 41. Third party claiming property seized un- 42. Upon filing approved bond, property to be discharged from the levy. 43. Additional securities on the bond, when required; one satisfaction; costs. Art. 10, s. 1. 1854, c. 153, s. 1. Who may be 44. Jurisdiction. ATTACHMENTS FROM JUSTICES OF THE PEACE. 45. Limit of jurisdiction; no special pleading 46. Attachment against absconding or non- 47. Before whom and when returnable. 49. Condemnation of property; notice. 51. Rights and liabilities of garnishee. WAGES AND HIRE. 53. Attachment against wages or hire of laborer 54. Wages or hire due non-residents. ATTACHMENTS IN ACTIONS FOR ILLEGAL ARREST, FALSE IMPRISONMENT, ETC. 56. Procedure. ATTACHMENTS AGAINST NON-RESIDENTS AND ABSCONDING DEBTORS. 1. Every person, and every body corporate that has the right to 1832, c. 250, s. 1; become a plaintiff in any action or proceeding before any judicial tribunal in this State, shall have the right to become a plaintiff in an attachment against a non-resident of this State, or against a 186; 37 Md. 259; person absconding. plaintiff. 30 Md. 402; 31 Md. 468; 36 Md. 40 Md. 269, 595. Id. s. 2. 1817, c. 138; 2. Every person who doth not reside in this State, and every person who absconds, may be made a defendant in an attachment; 1854, c. 153, s. 2. and any corporation not chartered by this State, or any corporation 1832, c. 280, s. 1; Who may be defendant. 20 Md. 495; 30 chartered by this State, but not having the president or a majority Md. 512,523,585; of the directors or managers thereof residing in this State, may be made a defendant as other non-residents. 32 Md. 363; 40 Md. 477. Id. s. 3. 1795, c. 56, s. 1; Who an ab 3. Every person who shall actually run away, abscond, or fly from 1854, c. 153 s. 3. justice, or secretly remove himself from his place of abode with intention to evade the payment of his just debts, or to injure or defraud his creditors, shall be considered as having absconded; and an averment in the oath of the plaintiff against a person as having sconding debtor, and what a sufficient averment of absconding. absconded, shall, without other words, be a sufficient averment of any such conduct. ་ The affidavit. Md. 402; 31 Md. 3229 234, 585; Md. 460, 462; 36 Md. 491; 38 Md. 32 Md. 363; 34 Md. 186, 194; 37 487, 555. What to contain dences of in 4. No atttachment shall issue (except as hereinafter mentioned), Id. s. 4. unless there be an affidavit that the debtor is bonâ fide indebted to 1795, c. 56, s. 1. the creditor in the sum of over and above all discounts; and 25 Md. 350; 30 at the time of making the affidavit, the creditor shall produce the bond, account, or other evidences of debt, by which the said debtor is so indebted; and shall also make affidavit that he knows, or is credibly informed, and verily believes, that the said debtor is not a citizen of this State, and that he doth not reside therein; or if the and what evisaid debtor resides in this State, that he doth know, or is credibly debtedness to informed, and veribly believes, that the said debtor hath absconded. accompany it. 5. The affidavit required by the preceding section may be made 1876, c. 112. before any justice of the peace, or any judge of a court of law of affidavit to be this State, or before any judge of a court of record of the United made. States, or of any State, District, or Territory of the United States, or before a commissioner appointed by the State to take acknowledgments of deeds, or before a notary public, or if out of the United States, before a consul or vice-consul of the United States. at 6. If the affidavit is made in this State, and before a justice of the peace, or judge in any other county than that in which the tachment is to be issued, there shall also be a certificate under the seal of the court from the clerk of the Circuit Court of the county in which it is made, that the justice of the peace or judge before whom the said affidavit was made, was at the time the same was made a justice of the peace or judge, or the same may be certified by the clerk of the Superior Court of Baltimore City, when the affidavit is made in that city; or if the affidavit be made out of the State, and before a judge of a court of record, there shall be a certificate from the clerk of said court, under the seal thereof, that at the time the same was made he was a judge of said court, and that the same is a court of record; or if made before a commissioner of this State, the same shall be certified under his official seal. Before whom Who can make 7. The affidavit required by the preceding sections may be made 1876, c. 112. by the creditor, or one of them, where there are more than one, or the affidavit. by the agent of the creditor or creditors, by the president, cashier, or other officer of a corporation, by any executor or administrator, or where the attachment is to be issued in the name or in behalf of an infant, by the guardian of such infant, or by the infant himself, or by the husband of a feme covert, or by the committee of a lunatic. 1795, c. 56, s. 1. the clerk of 8. Upon the affidavit being made, and the proofs produced before Art. 10, s. 8. a justice of the peace, or judge of the county or city where the at- The warrant to tachment is to be issued, he shall forthwith issue his warrant to the court and issuclerk of the Circuit Court or the Superior Court of Baltimore City, ing the attachor Court of Common Pleas, as the case may require, to issue an attachment against the lands, tenements, goods, chattels, and credits of the said debtor, and upon the receipt of said warrant, with the 35 Md. 232. Id. s. 9. affidavit made out of county in which attachment to be issued. 3 Gill. 485. proofs on which the same was granted, and not otherwise, the clerk shall issue such attachment. 9. If the affidavit was made before any person authorized to take Duty of justice the same, other than a judge or justice of the county or city where the attachment is to be issued, then, upon producing the same, certified, with the proofs as heretofore required, before a justice of the peace of the county or city where the attachment is to be issued, he shall forthwith issue his warrant to the clerk to issue an attachment in the same manner as if the affidavit had been made before said justice; and the clerk, upon the receipt of the warrant, affidavit, and proofs, shall issue an attachment, as required by the preceding section. Id. s. 10. 1795, c. 56, s. 3. The summons and the short note. 25 Md. 268; 31 Md. 229; 33 Md. 59; 35 Md. 294. Id. s. 11. 1715, c. 40, ss. 6; 1835, c. 201, s. 10. There shall be issued with every attachment a writ of summons against the defendant, and a declaration or short note expressing the plaintiff's cause of action shall be filed, and a copy thereof shall be sent with the writ to be set up at the court house door by the sheriff or other officer. 11. Any kind of property or credits belonging to the defendant, 3-7; 1778, c.9, s. in the plaintiff's own hands, or in the hands of any one else, may be attached; and credits may be attached which shall not then be due. 253, 418; 25 Md. 220; 26 Md. 291; 27 Md. 421; 31 Md. 468; 32 Md. 363; 33 Md. 312, 598; 34 Md 89, 647; 36 Md. 186; 37 Md. 259; 38 Md. 345, 555. 14. What may be attached. 23 Md. Id. s. 12. 1715, c. 40, ss. 8. 1. 30 Md. 402; 32 12. Every attachment issued under the preceding sections shall 3-7; 1854, c. 75, contain a clause commanding the sheriff or other officer, at the time of executing the said attachment, to make known to each person in whose hands or possession the lands, tenements, goods, chattels, and credits so attached are, if to him or them it shall seem meet, to be 505; 43 Md. 254. and appear on the return of such attachment before the court out of which it issued, to show cause why such lands, tenements, goods, chattels, or credits so attached, should not be condemned, and execution thereof had and made as in other cases of recoveries and judgments given in courts of record. Its execution and return. Art. 10, s. 13. 1715, c. 40, s. 3. Judgment of condemnation and execution. 22 Md. 27; 23 Md. 138; 24 Md. 31 Md. 229, 418, 13. If neither the defendant nor the garnishee on whose hands the property or credits may be attached shall appear at the return of the attachment, the court shall and may condemn the property and credits so attached, and award execution thereof; provided, 297; 28 Md. 388; that no such execution issue unless the plaintiff give bond or suffi522: 32 Md. 363; cient security before the court awarding the execution, to make Md. 232, 233; 36 restitution of the lands, tenements, goods, chattels, or credits so as Md. 345; 39 Md. aforesaid condemned, or the value thereof, if the defendant shall at 223; 42 Md. 607; 45 Md. 24. any time within a year and a day-to be counted from the return of said attachment-appear to the said original action, and make it appear that the claim of the said plaintiff, or some part thereof, is not due to the said plaintiff. 33 Md. 312; 35 Md. 59, 239; 38 Bond. Id. s. 14. What may be 14. No sheriff or other officer shall levy by way of execution 1715, c. 40, s. 4. against the garnishee, more than the plaintiff's debt and costs, nor more than what the said plaintiff shall make appear to be the value of the property and credits attached in the hands of such gar levied against the garnishee. nishee, together with such costs only as the garnishee shall put the plaintiff to by denying himself to be indebted to the defendant and contesting the same. 1795, c. 56, s. 4. The defence of garnishee for 15. The garnishee in every attachment issued in pursuance of Ids. 15. the preceding sections may plead in behalf of the defendant any plea or pleas which the defendant might or could plead if the summons had been served upon him and he had appeared. 16. Any judgment of condemnation against a garnishee and execution thereon, or payment by such garnishee, shall be sufficient, and pleadable in bar in any action brought against him by the defendant in the attachment for or concerning the property or credits so condemned. pleadable against defendant. 8 Md. 458; 5 Gill. 424; 1 H. & G. 502 ; 1 H. & McH. 80; 3 H. & McH. 178. defendant. 3-7. Id. s. 37. 15, c. 40, ss. Judgment of and execution condemnation thereon, or payment by garnishee, when a. s. 16. 1795, c. 56, s. 5. The interroga 17. In all cases of attachment, whether upon warrant, judgment or decree, the plaintiff may exhibit interrogatories in writing to the garnishee, who shall by rule of court answer each and every of said tories. interrogatories touching or concerning the property of the defendant in his possession or charge, or by him due or owing at the time of serving such attachment, or at any other time; and if such garnishee shall neglect or refuse so to do, the court is hereby di- What judgment rected to adjudge that such garnishee hath in his possession prop- garnishee neerty of the defendant, or is indebted to such defendant to an amount glect or refuse and value sufficient to pay the debt, damage, and interest of said plaintiff and costs, and execution shall issue as in other cases of condemnation in the hands of garnishees. to be given if to answer them. 1824, c. 74, s. 2. garnishee. 18. In all attachments, the garnishee may appear in court on the Id. s. 17. return day of such attachment, or within four days thereafter, and Confession of confess the amount of goods, chattels, or credits in his hands; and judgment by if the plaintiff will not take judgment of condemnation for the amount so acknowledged, but shall claim a larger sum, then the garnishee shall be allowed the costs of suit, unless on a final decision the plaintiff shall recover a larger amount than the garnishee acknowledged as aforesaid. 1-2. judgments or tendant upon decrees. 19. Any plaintiff in an attachment, may have the same laid 1a. s. 18. upon debts due the defendant upon judgments or decrees rendered 181, c. 321, ss. or passed by any of the courts of law or equity in this State, and Attachment of may have judgment of condemnation thereof as upon any other decrees due dedebts due said defendant; and an execution may, on application of judgments or any party to the court rendering such judgment or decree, be issued for enforcing the payment thereof, notwithstanding the attachment; provided, the money payable on such judgment or decree be in the Money brought said writ of execution required to be brought into the said court, to be by such court preserved or deposited, or invested in stocks, to abide the event of the proceedings in such attachment. Execution. into court. Id s. 19. Attachment of 20. An attachment may be laid on any interest which the de- 1832, c. 307, s. 1. fendant has or may be entitled to in the stock of any corporation, defendant's or in the debt of any corporation, transferable upon the books of interest in stock such corporation; and it shall be the duty of the sheriff or other porations. officer, in laying said attachment, to comply with the requirements Duty of sheriff. or debt of cor40 Md. 599. |