1835, c. 201, s. 14; 1849. c. 269; 45. Any justice of the peace may issue an attachment against a Id. s. 35. non-resident or absconding debtor, where the sum claimed shall not exceed one hundred dollars; but no special pleading shall be required before a justice of the peace. 1-2. 1852, c. 239, ss. Art. 51, s. 39. 46. Any person making the affidavit, and exhibiting the proofs pleading before and vouchers necessary to authorize an attachment to be issued justices. from the Circuit Court against a non-resident or absconding debtor, 1849, c. 269, s.1; may have an attachment issued by a justice of the peace against 1852, 276, s. 2. such debtor, if the cause of action does not exceed one hundred against abdollars. 47. Such attachment shall be returnable before the justice who issued the same, upon a day certain, to be named therein, not less than twenty, nor more than thirty days from the date of the issuing thereof. Attachment sconding or non-resident debtor. Id. s. 40. 1849, c. 269, s. 1. Before whom and when re turnable. 1849. c. 269, s. 1. 48. The plaintiff, at the time of issuing the attachment, shall ra. s. 41. give notice by setting up at three or more of the most public places Notice to be in the election district or ward in which such attachment may issue, tr given by plainat least ten days before the return day thereof, an affidavit of the truth of his claim, together with a copy of such claim, and also a copy of such attachment. 1849, c. 269, s. 1. of property. 49. If the defendant, or the garnishee in whose hands property Id. s. 42, may be attached, shall not show cause to the contrary, the justice may Condemnation condemn such property; provided, he is satisfied by the oath of the plaintiff, or by other proof, that the notice required above has been Notice. given. 1849, c. 269, s. 2. execution of judgment of condemnation. 50. The plaintiff, in an attachment, before execution on any Id. s. 43. judgment of condemnation shall be issued, shall give bond to the Bond before defendant in such penalty as the justice of the peace shall direct, not less than double the amount of the judgment of condemnation, with good and sufficient security, to be approved by the said justice, and conditioned to make restitution of the property so condemned or the value thereof; and to pay such damages as may be awarded to the defendant, if the defendant shall at any time within twelve months and a day from the date of issuing the attachment, appear, either in person or by his agent, before the justice issuing such attachment, or before some other justice of the same county, and make it appear that the plaintiff has satisfied the said debt, or show that it ought not to be paid, or that the said defendant was not indebted to the plaintiff at the time of issuing said attachment. Id. s. 44. .715, c. 40, s. 3; 1849, c. 269, s. 1. 51. A garnishee, in whose hands any such attachment is laid, shall have the same rights and be subject to the same liabilities as if such attachment had issued from the Circuit Court; but to avail himself of his rights he must appear at the return of the attachment, garnishee. and he shall not have the four days thereafter for his appearance, allowed in the Circuit Court. liabilities of Jurisdiction of 52. Every justice of the peace may issue an attachment in any 1868, c. 447. of the cases mentioned in the sections of this article relating to at- justices of the tachments on original process, where the sum claimed shall not ex- to cases of at peace extended tachments on original process for fraud. Proceedings. ceed one hundred dollars, upon the party applying for the same making before the justice the affidavit, and exhibiting the proofs and vouchers necessary to authorize an attachment to be issued from the Circuit Court in such cases, and giving bond, with security to be ap proved by said justice, in double the sum alleged to be due, and conditioned as is provided in section 37, of this article, except such changes of language as may be necessary to make the same applicable to a proceeding before a justice of the peace, and such attachment shall be returnable before the justice who issued it, on a day certain, to be named therein, not less than twenty nor more than thirty days from the date of issuing it, and the plaintiff shall give notice of the issuing of such attachment, in the same manner as in case of attachments before a justice against non-resident or absconding debtors, and a writ of summons shall also be issued with such attachment, as is usual in cases of debt before a justice, and the proceedings on such attachment shall conform, as near as practicable, to the practice and proceedings, under writs of attachment, against non-resident or absconding debtors issued by a justice of the peace. 1874, c. 45. against wages or Amount exempt. WAGES OR HIRE. 53. No attachments upon warrant, upon judgment, upon two non ests, or upon original process, shall issue against, be levied on, or affect the wages or hire of any laborer, or employee, not actually due at the date of such attachment in the hands of the employers, whether such employers be individuals or corporations, unless the debt or judgment upon which such attachment is issued shall, exclusive of cost, exceed the sum of one hundred dollars; and the sum of one hundred dollars of such wages or hire due to any laborer or employee, by any employer or corporation, shall always be exempt from attachment by any process whatever; provided, that this section and nothing herein contained shall apply to or in any manuer affect any existing debt, contract, note, or judgment, nor prevent any person or body corporate from issuing an attachment on any judgment, now obtained or which may hereafter be obtained on any note, debt, or contract existing at the time of the passage of this Not to apply to act; and provided, that nothing in this act shall apply to non-resi dent defendants. non-resident defendants. 1874, c. 230. Wages or hire due non-residents. 1861, c. 77, s. 1. Attachments in cases of illegal arrest, etc. 54. The wages or hire of any person or persons, not residing in this State, shall be subject to attachment upon judgment, upon warrant, or upon two non ests, in the same manner and to no larger extent than the wages or hire of any person or persons, resident in this State. ATTACHMENTS IN ACTIONS FOR ILLEGAL ARREST, FALSE IMPRISON- 55. In all actions for illegal arrest, false imprisonment, or violation of the twenty-third, twenty sixth, thirty-first, and thirty second articles of the declaration of rights, or any of them, or of the provisions of this code touching the writ of habeas corpus, or proceedings thereunder, the plaintiff shall be entitled to the benefit of all of the provisions of this article in regard to attachments against the lands, tenements, goods, chattels, and credits of nonresident or absconding defendants. Procedure. 56. No warrant from a judge or justice of the peace shall be Id. s. 2. 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 bonâ fide, and for a wrong actually done, as in said declaration set forth. Construction of 57. The preceding two sections shall be liberally construed as Id. s. 3. remedial, and the provisions of this article and of all other articles this law. of the code applicable to the premises, shall be applied in furtherance of the remedy and without hindrance for defect of form merely; provided, however, that no final judgment shall be rendered in any Final judgment case herein provided for, except upon inquisition found by a jury, of jury. upon proof as in cases of judgment by default in like actions. on inquisition V. PROCEEDINGS AGAINST CORPORATIONS. PROCEEDINGS FOR PREVENTING AND CORRECTING ABUSES OF THE POWER OF CORPORATIONS, AND FOR THE FORFEITURE OF THEIR CHARTERS. PROCEEDINGS ON EXECUTION AGAINST THE STOCK AND TRANSFERABLE DEBTS 1868, c. 471, s. 176. Petition. Rule to show cause. Id. s. 177. Answer by corporation. Id. s. 178. 41. Proceedings against insurance companies. SUMMARY REMEDY AGAINST TRANSPORTATION COMPANIES. 42. Summary remedy against companies incorporated to transport persons or property for hire; appeal; costs. PROCEEDINGS FOR PREVENTING AND CORRECTING ABUSES OF THE POWER OF CORPORATIONS, AND FOR THE FORFEITURE OF THEIR CHARTERS. 1. Whenever the attorney-general of the State, or the State's attorney for the city of Baltimore, or for any county in this State, shall be authorized by the governor to institute proceedings against any corporation incorporated under the laws of this State, to ascer tain whether such corporation has been guilty of such misuse, abuse, or nonuser of its corporate powers and franchises as by law would authorize and make proper the forfeiture of its charter, corporate powers, and franchises, the attorney-general, or State's attorney, so authorized, shall file, in the court hereafter designated, a petition in the name of the State, setting forth fully, and in detail, the alleged abuse, misuse, or nonuser, by reason whereof the said forfeiture is sought, and, upon the filing of such petition, the court in which it is filed, or any judge thereof, shall lay a rule requiring the said corporation to show cause, within such time as the judge may deem proper, why a decree of forfeiture should not issue as prayed in said petition; a copy of which rule, and of the petition, shall be served on the said corporation, by a day to be therein limited, which shall be served as other process against such corporations is directed to be served. 2. The said corporation, by the day named in said order, unless further time be granted by the court, shall file an answer to such petition, fully setting forth all the defences upon which it intends to rely, on resisting such application, which shall be verified by the affirmation or affidavit of some officer of the said corporation. 3. The petitioners may thereupon plead to or traverse all or any of the material averments set forth in the said answer, and the said defendant shall take issue or demur to said plea or traverse within five days thereafter. Joinder of issue and trial. 4. If issue, or issues, be joined on such proceedings, the same Id. s. 179 shall stand for trial at such time as the court shall direct, and the said issue or issues shall be tried by a jury, if either party desire it, otherwise, they shall be heard and determined by the court. If, from the findings of the jury, or upon consideration and determination of the case by the court, the court shall be of opinion that legal cause of forfeiture has been shown, and the public interest require that the said forfeiture should be declared, a decree of forfeiture Forfeiture of shall be entered, and the charter of said corporation shall thereby be annulled and vacated, and all its corporate franchises and powers shall cease and henceforth be void, and the court shall thereupon appoint a receiver, or receivers, of the estate and assets of the said Receivers. corporation, in the same manner and with like powers as is provided in sections 14 and 15 of this article, subtitle Proceedings against Corporations, in reference to dissolution of corporations on bill filed therefor on their own motion. charter. Neglect to file 5. If any corporation upon whom the aforesaid petition and rule Id. s. 180. to show cause has been served, shall neglect to file an answer to the answer. petition at the time appointed by the said court, the court shall thereupon proceed to hear the said application ex parte, within five days Hearing thereafter, and if it shall be of opinion that good cause of forfeiture ex parte. is shown, it shall proceed forthwith to decree the same, as is hereinbefore provided in the preceding section of this article. Dismissal of petition. 6. If the court, either upon a hearing ex parte, as hereinbefore Id. s. 181. provided, or upon a hearing after answer, as provided in section 4 hereof, shall be of opinion that no cause of forfeiture has been shown, or that the public interest does not demand that such forfeiture should be decreed, even though legal cause therefor has been shown, it shall dismiss the petition and award costs in favor of the corpora- Costs. tion proceeded against, in its discretion; and if the court shall determine that legal cause of forfeiture has been shown, it may, in its discretion, before passing a final decree of forfeiture, pass orders re- Orders. quiring the said corporation, within a time to be thereby fixed, to remedy the grievance complained of, and may suspend the passage of the final decree of forfeiture until the time so fixed, and may after- Final decree. wards refuse to pass such decree, if the grievance shall have been remedied by the time so fixed. Petition for for filed. 7. The petition for forfeiture, hereinbefore mentioned, shall be Id. s. 182. filed in the Circuit Court for the county in which the certificate of feiture, where incorporation of said corporation was filed, if said corporation shall have been incorporated under the laws requiring the filing of such certificate, and in the case of all other corporations such petition shall be filed in the county in which either the principal office of said corporation was last located, or in which the principal business of said corporation was last carried on; but if the corporation to be proceeded against has filed the certificate of incorporation in |