Imágenes de páginas
PDF
EPUB

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 the State with intent to defraud his creditors.

Sanborn v. Mullen, 77 Md. 481.

1894, ch. 104.

38. Every clerk, before issuing an attachment under the preceding section, 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 persons interested in the proceedings, and all damages which the defendant or defendants, or any other persons interested in the proceedings, shall suffer because of the wrongful suing out of said 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 said attachment shall issue) at the suit offor the sum of- -, and the same being about to be sued out of said court, returnable on the day of- --next; now if the said--shall prosecute his suit with effect, or in the case of failure thereof shall well and truly pay and satisfy the said――and --and any other person interested in the proceedings, all such costs of said suit, and all such damages as he or they shall or may suffer or incur by reason of the wrongful suing out of such attachment, then the above obligation to be void, otherwise to remain in full force and effect. Every attachment hereafter issued without a bond and affidavit

-VS.

taken as aforesaid, is hereby declared illegal and void and shall be dismissed.

McLuckie v. Williams, 68 Md. 265.

Several Attachments.

1890, ch. 549.

44 A. A writ of attachment may be served upon any person by way of garnishment wherever he may be found, either by the sheriff of the jurisdiction where said person may be, or by the sheriff of the jurisdiction where the writ issues; when a writ of attachment is served upon anyone outside of the locality of his place of business or residence, the short note shall be set up at the court house door of the county or city where the writ is served, by the officer serving the same, and upon the return of the writ, a duplicate short note shall be sent by the clerk of the court where the writ issues to the sheriff of that city or county to be set up by him at the court house door of said city or county, and the service of any writ and the posting of any short note, wherever a writ of attachment may have been or shall be served and the short note set up in manner as herein provided shall be valid, and said writs of attachment shall be returned to the courts whence they are issued as other writs are required to be returned.

Claimants of Property.

1892, ch. 507.

45. Whenever an attachment or execution shall be levied. upon any personal property, goods or chattels, which may be claimed by a person or corporation other than the defendant in such attachment or execution, such person or corporation may file a petition under oath, with the court before whom such attachment or execution is returnable, setting forth clearly the character and origin of his, her or its claim to the property so levied upon, and thereupon it shall be the duty of the clerk to docket a suit against both the plaintiff and defendant in such attachment or execution and issue a summons directed to said plaintiff and defendant, giving notice of such claim and returnable to the next succeeding rule day or term of said court. If such claimant shall establish the validity of his, her or its claim to said property, costs shall be awarded to said claimant, and said claimant shall also be entitled to recover damages in such suit

for the wrong and injury done to him, her or it by reason of such seizure and detention of his, her or its property.

Attachment Before Maturity of Piaintiff's Claim.

1894, ch. 648.

48. Although the debt or obligation upon which the action is brought may not have matured, the creditor may, nevertheless, proceed by attachment, as heretofore provided, in the following cases: (1) When the debtor absconds; (2) when he has assigned, disposed of or concealed or is about to assign, dispose of or conceal his property or some part thereof, with intent to defraud his creditors; (3) when he is about to abscond from this State; (4) when he has fraudulently contracted the debt or incurred the obligation respecting which the action is brought; or (5) when he has removed or is about to remove his property, or some portion thereof, out of this State, with intent to defraud his creditors. The date of the maturity of the debt or obligation shall be set forth in the affidavit upon which the attachment is to issue, and the plaintiff shall not be entitled to judgment either in the short note or in the attachment case until after the maturity of the debt or obligation.

ARTICLE X.

ATTORNEYS AT LAW AND ATTORNEYS IN FACT.

Admission to the Bar.

2. Application for admission to

7,8. Repealed by 1898, ch. 139.

the bar to be made to the Free Inspection of Records by

[blocks in formation]

Admission to the Bar.

1898, ch. 139.

2. All applications for admission to the bar in this State shall be made by petition to the Court of Appeals. A State Board of Law Examiners is hereby created, to consist of three members of the bar of at least ten years' standing, who shall be appointed by the Court of Appeals, and shall hold office for the term of three years. Said appointment shall be made as follows: As soon after the passage of this act as possible the Court of Appeals shall appoint three law examiners. Said examiners shall hold office for one, two and three years respectively, to be designated by the judges of the Court of Appeals. After the first appointment the Court of Appeals shall annually appoint a member of said board in the place of the examiner whose term shall expire. Members of said board shall be eligible to re appointment. In case of any vacancy in said board by reason of death, resignation or otherwise, the Court of Appeals shall fill said vacancy by the appointment of a member of said board to serve until the expiration of the term for which the person so dying or resigning had been appointed.

1892, ch. 37. 1898, ch. 139.

3. All applications for admission to the bar shall be referred by the Court of Appeals to the State Board of Law Examiners, who shall examine the applicant touching his qualifications for admission to the bar. The said board shall report their proceedings in the examination of applicants to the Court of Appeals, with any recommendations said board may desire to make. If the Court of Appeals shall then find the applicant to be qualified. to discharge the duties of an attorney, and to be of good moral character and worthy to be admitted, they shall pass an order admitting him to practice in all the courts of this State. The Court of Appeals shall prescribe rules providing for a uniform system of examinations in this State, which shall govern the Board of Law Examiners in the performance of its duties. The expenses of said board, including such compensation to the members thereof as the Court of Appeals may determine, shall be paid out of the fees of the applicants. No one shall be examined who shall not have studied the law in a law

school in any part of the United States or in the office of a member of the bar of this State for at least two years. Every applicant, upon presenting himself for examination before the Board of Law Examiners, shall pay to the treasurer of the board such fee, not exceeding twenty-five dollars, as may be fixed by the Court of Appeals. On payment of one examination fee the applicant shall be entitled to the privilege of three examinations, but no more. Any fraudulent act or representation by an applicant in connection with his application or examination shall be sufficient cause for the revocation of the order admitting him to practice. The Board of Law Examiners shall render an annual account of their expenses to the Court of Appeals. The provisions of this and the preceding section shall not apply to those students who shall have matriculated at the law departinent of the University of Maryland, or the Baltimore University School of Law prior to the first day of January, 1898, but such students shall be admitted upon the production of their diplomas of graduation as heretofore.

[blocks in formation]

6. Members of the bar of any State, district or territory of the United States, who, for five years after admission, have been engaged as practitioners, judges, or teachers of law, shall be admitted without examination on proof of good moral character, after becoming actual residents of this State. Members of the bar of any other State, district or territory of the United States, who may be employed as counsel in any case pending before any of the courts of this State, may be admitted for all the purposes of the case in which they are so employed by the court before which said case is pending, without examination. Nothing herein contained shall be construed to deprive the courts of this State of the power, as at present existing, of disbarring or otherwise punishing members of the bar.

Ibid.

7. Repealed.

« AnteriorContinuar »