The Attachment Laws of Maryland.

person can avail himself of the of attachment process in this state, but a citizen of some one of the United States, and his citizenship must be set forth in the oath of the debt which he makes before the attachment is issued. Those who are liable to be sued in this manner, are persons not citizens of this state, and not residing therein; and citizens who shall actually run away, abscond, or fly from justice, or those who secretly remove themselves from their place of abode with intent to evade the payment of their just debts.

The plaintiff, in the first instance, applies to a justiceof the peace of this state, or to any judge of any other of the United States before whom he must make the following oath:

State of Maryland [or Pennsylvania] sc.

Be it remembered, that on this day of of our Lord

in the year

before me [here insert the name and style of the judge or justice] personally appeared A. B. a citizen of the state of ―, who being duly sworn, did depose and say, that · C. D. is bona fide indebted to him in the sum of over and above all discounts, and the said A. B. at the same time produced the promissory note, by which the said C. D. is so indebted, and which said promissory note is hereunto annexed. And the said A. B. further made oath that he doth know [or, is credibly informed and verily believes] that the said C. D. is not a citizen of the state of Maryland, and doth not reside therein. [Or, hath actually run away, or secretly removed himself, from his place of abode, with intent to evade the payment of his just debts.]

The courts require the words of the act to be followed strictly, in the oath of the debt. The original instrument or open account upon which the debt arises must be exhibited to the person administering the oath, and annexed to it.

The oath or affirmation if made before a judge in any other state is not admitted as evidence unless there be annexed to it a certificate of the clerk of the court of which he is judge, or certificate of the governor, chief magistrate or notary public of such state, that the said judge hath authority to administer such oath or affirmation.

Bills of Exchange in the territory of Orleans.

N bills drawn within the territory upon persons residing

without the limits of the United States and returned, the damages are twenty per cent.; but if the drawee reside within those limits, the damages are ten per cent.

Judicial Establishment in the Territory of Orleans.

HIS territory is divided into districts, counties, and parishes. The division into counties was originally made, as in the United States, for judicial purposes, and county courts were established there on the model of our own, but the system has been lately changed in that respect, and the only remains of a judicial county establishment is a sheriff, which is still appointed in every county and commissioned by the governor during his pleasure.

There is a superior court appointed by the president of the United States, consisting of three judges commissioned for four years, which has original jurisdiction in all matters civil and criminal, provided, in civil cases the demand exceeds fifty dollars. That court sits in New Orleans, and holds its sessions once in every month, and one of its judges holds a circuit court from time to time in each of the five districts into which the territory is divided.

In every parish, there is a judge appointed and commissioned by the governor for four years, and removeable only on the application of two thirds of the legislature. The powers of this magistrate are most extensive. He has original jurisdiction of civil causes to any amount, subject to an appeal to the superior or circuit court. He is judge and register of probate, coroner and treasurer within his district. He is also a notary public, makes all inventories, appraisements and judicial sales, except those that are made by virtue of process from the superior court. He is inspector of highways, makes regulations for the due preservation of the dykes and levees, and punishes the infractors thereof. He has moreover all the powers of a justice of the peace in criminal cases.

There is also in each parish a competent number of justices of the peace, whose powers are the same with those of justices of the peace in the United States, and who have cognisance of small debts under fifty dollars.

The territory is governed in civil cases by a written code of laws, which is almost entirely copied from the Napoleon code. The form of judicial proceedings is prescribed by several acts of the territorial legislature.

The mode of proceeding is by petition to the court, stating the names of the parties, the nature of the complaint and the species of relief prayed for. A copy of this petition and a citation is then served upon the defendant, and if the party fail to appear on the day appointed, and file his answer, or obtain further time, judgment is rendered against him. If a fact is disputed, a jury is summoned, and their verdict is conclusive as to that fact.

When a petition is presented for the recovery of a debt due from a person, being about permanently to depart from the territory, before, in the common course of proceeding, judgment could be rendered and execution issue against him; or for the recovery of a debt due from a person residing out of the territory, or departed therefrom, or who conceals himself with intent to evade the payment of his debts, and such intent to depart, actual departure, residence abroad, or concealment, together with the existence of the debt, shall be proved

to the satisfaction of the judge, he directs the clerk to issue an attachment against the goods and chattels, lands and tenements, &c. Upon the return of the writ, the court proceeds to hear and determine the claim, first naming a defendant for the debtor, if he be absent, or do not name an attorney; but in all cases, the court may grant such delay in favour of an absent debtor as may seem just. The attachment may be superseded by proving that the facts upon which the writ issued were not truly stated, or by giving bail to the satisfaction of the sheriff. But if the petitioner satisfy the court of the truth of his facts, and further swear, that so far as he knows or believes, the defenda ntdoes not possess sufficient property within the territory, to satisfy the judgment which he expects to obtain, and that the said oath is not made for the purpose of vexing and harassing the defendant, but in order to secure the petitioner's demand, the court may require from the defendant sufficient security for his appearance. If the condition of his bond be broken, judgment may be obtained against the bail, on motion, by giving him ten days' notice. The defendant so arrested, may be discharged by proving that the facts are not true, or by placing in the hands of the sheriff property to the amount of the debt.

All real property and slaves of the defendant are bound from the date of the judgment for one year thereafter. Personal property is bound from the time of the delivery of the fieri facias to the sheriff, and for three months thereafter.

Either party may require the other to answer written interrogatories upon oath, and if he neglect to do so, they are taken pro confesso.

Appeals are prosecuted in the usual manner; but there is no appeal where the sum does not exceed 100 dols. When a judgment is rendered for the performance of any specified act, other than the payment of money, if the party neglect or refuse to perform it, a writ of distringas issues to the sheriff, by virtue of which all the real and personal estate of the party is taken into possession, and the rents, issues, and profits are subject to the order of the court until the distringas is superseded.

It is superseded by the performance of the act required. When witnesses are too aged or infirm to be produced at the trial, or reside out of the county in which the trial is to be had, or are about to leave the county, they may be examined before any parish judge, judge of the superior court, or mayor of the city of New Orleans, who have power to compel their appearance. Notice of the examination is to be given to the opposite party. In cases where long accounts are to be examined, the court may appoint three referees to report upon them the balance due, and this report is conclusive as to the state of the ac

counts.

The justices of the peace have jurisdiction, without appeal, in all civil cases under 50 dollars.

All women, ministers of religion, duly appointed, and all persons of the age of sixty years and upwards, and all other persons whose state of health may be such as that they cannot, without danger to their lives, be imprisoned, are exempted from imprisonment for debt, whether on mesne process or in

execution.

The manner of authenticating foreign deeds, records and other instruments in writing, in order to entitle them to be admitted in evidence in Virginia.

WH

December 8, 1792.

HEREAS, the intercourse between this state and other states in the union, and between this state and foreign nations, has become more considerable than heretofore, which renders it necessary that some mode should be adopted to give authenticity to deeds and certain other instruments in writing, foreign judgments, specialties on records, registers of births and marriages, made, executed, entered into, given, and enregistered, by and between persons residing in any of the United States, or in any foreign kingdom, state, nation, or colony beyond sea, and out of the jurisdiction of this state,