USA > Maryland > Baltimore County > Baltimore City > The strangers guide to the city of Baltimore . . . a directory to the business houses and streets 1875 > Part 3
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SERVICE-Of writs must be made by the return day, but service on the return day is sufficient. The first day of each term, and in the city of Baltimore, of each rule day, is return day. Publications against non-residents, in eqnity, is made once a week for four successive weeks, three months before day fixed for appearance.
ARREST-For civil obligations is abolished. The constitutional provision that " no one shall be imprisoned for debt," applies to obligations civil in their nature, and not to fines or penalties imposed by courts for a breach of the peace or the commission of a crime.
ATTACHMENTS-Are authorized in this State against any kind of property or credits belonging to the defendant in the hands of the plaintiff, or of any one else, or unoccupied real estate in cases where the defendant is, 1st, a non-resident of this State; 2d, where he absconds, and one may become an absconding debtor without leaving the State. The above attachments are issued by the clerk of court. on warrants from a judge or justice of the peace. An affidavit that defendant is bona fide indebted, and has absconded, or is a non-resident, accompanied by the evidences of indebtedness, that is, account, note, bond, etc., is required before the warrant is granted. 3d. On original process based on account, note, bond or other evidence of debt, with affidavit made before clerk of court from which attachment sball issue, that defendant named in writ is bona fide indebted, and that plain- tiff knows or has reason to believe, 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 the 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 defend- ant, has removed, or is about to remove his property, or some portion thereof, out of this State with the intent to defraud his creditors, Every elerk, before issuing an attachment on original process, must take from the plaintiff, or some person on his behalf, bond to the State, with security, to be approved by the clerk in double the sum claimed, for satis-
OILS! OILS!
Refiners and Manufacturers of KEROSENE, LUBRICATING. PARAFFINE, CYLINDER, ENGINE, GOLDEN SPINDLE, SIGNAL, CAR AXLE
OILS. ALSO, AXLE GREASE, GASOLINE, (88° to 90° Gravity for Gas Machines.) SOLAR SAFETY OIL, 150° Fire Test. A Special attention is given to Machinery Oils of all kinds.
RISING SUN OIL WORKS, CARSWELL & SONS, Cor. North and Eager Streets. PLEASE FAVOR US WITII A TRIAL ORDER.
M. A. SISSON.
ALEX. PACKIE.
SISSON & PACKIE,
CONTRACTORS IN
Marble and Ohio Stone Work,
And Dealers in
Cheat River Blue Stone
WORKS, Cor. Constitution & Madison Sts.
OFFICE, No. 9 N. Calvert St.
We have concluded arrangements for the introduction of the CHEAT RIVER BLUE STONE into the Baltimore market.
For durability and adaptation to Building purposes it is unsurpassed by any Stone now in use.
Samples may be seen at our office. Estimates furnished and Contracts executed in a most workmanlike manner.
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THE STRANGERS GUIDE TO THE CITY OF BALTIMORE.
fying all costs which may be awarded to such defendant, or to any other person inter- ested, and all damages which may be recovered against the plaintiff for wrongfully suing out such attachment. 4th. Attachment on judgment or decree treated as an execution. and governed by like rules. An exeention by way of attachment may issue at any time within twelve years from date of judgment. 5th. Where two summonses have been re- turned non est against a defendant, the plaintiff, on proof of his claim by affidavit and the production of the written evidence of debt, if any, shall be entitled to an attachment, and thereupon the proceedings are the same as against absconding debtors. 6th. Attachment, on petition and proof of debt incurred by a married woman, against her property in cases where it has been earned by her industry or skill, to value of one thousand dollars or less. 7th. In actions for illegal arrest or false imprisonment, for amount of damages claimed. Attachment proceedings are strictly construed. The salary of a public officer, or employee of a municipal corporation, or funds in hands of government dne its agents, are not attach- able ; nor property or funds in custody of law ; or under control of a court, in hands of its trustee. Wages, hire or salary not due at date of attachment, of whatever kind, cannot be attached, and the sum of ten dollars, out of what is due. is exempted. Justices of the peace have jurisdiction in attachments where the claim is under one hundred dollars.
JUDGMENTS .- A judgment of a court of record is a lien upon the real estate of the de- fendant in the county wherein the judgment is rendered (and it can be transferred from one county to another to bind the defendant's real estate) from the date of its rendition as well on after acquired property as that held at the date of the judgment. Also on all leasehold interests and terms of years, or chattels real of the defendants in lands, except leases from year to year, and leases for terms of not more than five years, and not renew- able. Also upon the equitable interests of defendants, in lands. But a judgment is no lien upon personal property, though the execution issued thereupon becomes a lien from the time of the delivery of the writ into the hands of the sheriff. "The lien of a judgment continues for twelve years, but a fi. fa. cannot issue on it after three years unless renewed by a sci. fa.
EXECUTION-May issue at any time after judgment is extended within three years from the date of such judgment, or if there be a stay, within three years after. Execution may be levied on any property of the defendant's, the exemptions as stated below excepted. Alias executions may be levied on other property or effects than that taken under the first, though the first be still outstanding.
STAY OF EXECUTION-May be entered on docket at time of rendition of the judgment, or may be by supersedeas (for six months in courts of record, and twelve months when judgment over thirty dollars, before justices of the peace,) by appeal, writ of error, or injunction.
REDEMPTION .- Whenever real estate shall be sold by a collector, the owner thereof may redeem the same by paying within two years from the date of sale to the purchaser thereof the amount paid by him to said collector, on said sale, and all taxes assessed on said real estate and paid by said purchaser since said sale and prior to such redemption, and all costs and expenses properly incurred in procuring the ratification of said sale by the cir- cuit having jurisdiction in the premises, with interest on all said sums at the rate of fifteen per cent. from the date of their payment. The collectors are required, by act of 1870, ch. 312, to report their sales to the circuit courts, and it no cause be shown to the contrary, after due notice by publication to parties interested to appear, the same are finally ratified and confirmed.
EXEMPTIONS .- In Maryland the sheriff cannot take in execution wearing apparel, books or mechanicss' tools, (except books and tools kept for sale, and except under executions issued upon judgments for seduction or breach of promise of marriage ) He must also leave one hundred dollars' worth of other property, to be selected by the defendant, or if one hundred dollars' worth cannot be conveniently set aside, pay him one hundred dollars out of the proceeds of sale. A chose in action cannot be taken, nor a lien coupled with possession, nor any intangible property, whether real or personal, except stocks. Equita- ble interests in personal property cannot be taken in execution. The course is for the creditor to cause his execution to be levied and returned, and then go into equity.
LIEN LAW-MECHANICS' LIENS .- All buildings erected, repaired, rebuilt or improved, to the extent of one fourth of their value; all machines, or houses, or bridges erected, constructed or repaired in this State, and all boats or other vessels built, equipped or re- paired, are subject to the liens of the mechanics or other persons who have done the work or furnished the materials. To secure the lien and lay a foundation for enforcing it, the mechanic or material-man must, within six months after the last work has been done, file a claim in the superior court for the city of Baltimore, or in the circuit court for some county. The claim is to be recorded in a book kept for that purpose. These claims may be enforced by scire facias or by bill in equity. No scire facias must issue within fifteen days of the return day, in the city of Baltimore, nor within thirty days in a county. The lien shall expire at the end of five years from the day on which it was filed, unless renewed by scire facias. In the case of a boat or vessel, the claim must be filed within six months from the commencement of the work, and the lien continnes for two years only. Kent, Charles, Calvert and St. Mary's counties are exempted from the laws relating to mechan- ics' liens, except so far as they apply to boats or vessels.
CLAIMS AGAINST THE ESTATE OF PERSONS DECEASED .- Maryland Code, Art. 93, provides that no administrator shall discharge any claim against his decedent, (otherwise than at his own risk,) unless the same be first passed by the orphans' court granting the adminis- tration, or unless the said claim shall be proved according to the following rules :
R. & W. H. CATHCART, SOLE AGENTS FOR THE Averill Chemical Paint, No. 113 THAMES STREET, BALTIMORE,
Which for Durability, Beauty and Economy, is unsurpassed by any other PAINT manufactured, and is Already Mixed for use, of all the different shades of Color to suit the taste, and is equally good for Wood, Stone or Iron, and will not crack nor chalk off by friction, and will preserve its color twice as long as the best Lead Paint.
The following are the locations of a few of the large number of Buildings in our im- mediate vicinity on which our PAINTS have been applied, also prominent Corporations, and Government Departments, to which the attention of the Public is respectfully invited.
THEY SPEAK FOR THEMSELVES, viz:
Wendell Bollman, Esq. Civil Engineer.
Emory M. E. Church, Pennsylvania Ave.
S. H. & J. F. Adams. Bnilders.
President Street Depot.
B. F. Bennett, Builder.
Baltimore and Ohio R. R. Co.
Carrollton Hotel, Baltimore.
Northern Central R. R. Co.
Poole & Hunt, Machinists.
United States Capitol. Washington, D. C.
Columbian Iron Works.
Treasury Dep't
A. S. Abell & Co.
Patent Office.
John T. Ford, Esq., Holliday St. Theatre.
Light House Department.
Broadway M. E. Church, Broadway.
Naval Academy, Annapolis.
BALTIMORE COAL TAR & MFG. CO.
Manufacturers of and Dealers in all COAL TAR PRODUCTS. CARBOLATE OF LIME, CARBOLIC ACID, THE BEST DISINFECTANTS IN USE. PATENT PARAFFINE VARNISH, The Best and Cheapest Black Paint for Wood or Metal. TIN CANS OF ALL KINDS. OFFICE, 33 CAMDEN STREET,
C. HART SMITH, PRES'T. BALTIMORE.
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THE STRANGERS GUIDE TO THE CITY OF BALTIMORE.
The voucher or proof of a judgment or decree shall be a short copy thereof under seal, attested by the clerk of the court where it was obtained, who shall certify that there is no entry or proceeding in the court to show that the said judgment or decree hath been sat- isfied. There shall likewise be a certificate of some person authorized to administer an oath indorsed on or annexed to a statement of the debt due on such judgment or deeree, that the creditor since the death of the deceased hath taken before him the following oath to wit : " That he hath not received any part of the sum for which the judgment or decree was passed, except snch part (if any) as is credited ;" and if the creditor on the jadgment or decree be an assignee of the person who obtained it, the oath shall go on and say. for- ther, " and that to the best of his knowledge or belief, no other person hath received any parcel of the said sum except such part (if any) as is credited :" and an a> signee shall also produce the assignment under the hand of the assignor; and if there be more than one assignment, each assignment shall be produced under the hand of the party.
In case of a specialty, bond, note or protested bill of exchange, the vonchers shall be the instrument of writing itself or a proved copy, in case it be lost, with a certificate of the oath made as aforesaid since the death, and indorsed on or annexed to the instrument, or a statement of the claim, " that no part of the money intended to be seenred by such instrument hath been received, or any security or satisfaction given for the same except what (if any) is credited.
If the creditor on such instrument be an assignee, there shall be the same oath of the original creditor with respect to the time of the assignment, and in cast of successive assignees, there shall be the same oath taken by each with respect to the time of each respective assignment.
In case of a bill of exchange. the protest and other things which would be required (if the deceased were alive), shall be necessary to justify an executor or administrator in making payment or distribution.
The vouchers or proofs of any claim on open account shall be a certificate of an oath, taken by the creditor since the death, indorsed on or annexed to the account, that "the account as stated is just and true, and that he hath not received any part of the money stated to be due, or any security or satisfaction for the same, except what (if any) is cred- ited :" and moreover, the account shall appear to have been proved, as open accounts are required to be proved by article thirty-seven of the Maryland Code.
Every administrator shall render to the orphans' court of the county in which he shall have obtained letters of administration, within the period of twelve months from the date of such letters, the first account of his administration.
If the first account shall not show the estate which was on hand to be fully administered, another account shall be returned with six months thereafter ; and within every term of six months thereafter an account shall be returned. until the estate shall appear to be fully administered; and whenever a discovery or receipt of assets shall take place after rendering an account, another account shall be rendered within six months thereaftter but an administrator shall not be obliged to render accounts when it appears to the court that the estate has been fully administered, except as to debts which the court shall deem desperate.
DESCENT .- Inheritance of estates in fee simple, fee simple conditional, and fee tail general in Maryland is as follows :
If the estate descended on the part of the father-
1. To the children of the intestate and their descendants equally. If no child or de- scendant and the estate descended to the intestate on the part of the father, then to the father ; if no father living, then to the brothers and sisters of the intestate of the blood of the father and their descendants equally.
2. If there be no brother or sister, or descendant from them, then to the grandfather on the part of the father ; if no such grandfather living, then to the descendants of such grandfather and their descendants in egnal degree, equally ; if no descendants of such grandfather, then to the father of such grandfather; it none such living, theu to the de- scendants of the father of such grandfather in equal degree, and so on, passing to the next lineal male paternal ancester, and if none such, to his descendants in equal degree with- out end.
3. If no paternal ancestor or descendant from sneh ancestor, then to the mother of the intestate; if no mother living, then to her descendants in equal degree, equally : if no mother living and no descendants from her, then to the maternal ancestors and their descendants in the same manner as above directed, as to the paternal ancestors and their descendants.
If the estate descended on the part of the mother :-
4. If the estate descended to the intestate on the part of the mother, and the intestate shall die without any child or descendant, then the estate shall go to the mother; if no mother living, then to the brothers and sisters of the intestate, of the blood of the mother and their descendants in equal degree, equally.
5. And if no such brother or sister, or descendant from them, then to the grandfather on the part of the mother ; if none such, then to the descendants of such grandfather, and so on to the next maternal ancestry and descendants, as above prescribed, as to the paternal ancestry and its descendants. On the failure of that maternal ancestry and their descend- ants, then to the father ; if none, then to his descendants in equal degree, equally ; if no father living, or descendants from such father, then to the paternal ancestors and their descendants, in the same manner as is above directed, as to the maternal ancestors.
If the estate be vested by purchase or any other manner than herein before mentioned : 6. And if the cstate be vested in the intestate by purchase, or shall descend to or vest in
PENNSYLVANIA ROUTE, FORMED BY THE NORTHERN CENTRAL & PENNA. RAILROADS,
ON THE
WEST, NORTH-WEST and SOUTH-WEST,
To PITTSBURGH,
INDIANAPOLIS,
CINCINNATI,
LOUISVILLE,
ST. LOUIS,
CHICAGO,
And all other Prominent Points.
BALTIMORE AND POTOMAC AND Alexandria & Fredericksburg Railways, On the SOUTH, to WASHINGTON, RICHMOND, AND ALL POINTS IN THE ATLANTIC AND GULF STATES. The Only All-Rail Line with no Omnibus Transfer at Washington.
NORTHERN CENTRAL AND Philadelphia & Erie Railways On the NORTH, to
HARRISBURG,
WILLIAMSPORT,
ROCHESTER,
ERIE,
ELMIRA,
WATKINS' GLEN,
BUFFALO,
NIAGARA FALLS.
BAGGAGE CALLED FOR AND CHECKED at Hotels and Private Residences THROUGHI TO DESTINATION.
SLEEPING AND PARLOR CAR ACCOMMODATIONS SECURED.
Through Tickets Sold & Information Given AT COMPANY'S OFFICE, N. E. Corner Baltimore & Calvert Streets, And at Union Depot, Charles St., and Calvert Station.
D. M. BOYD, Jr., Gen'l Passr. Agent,
SAM. T. DE FORD, Jr.
PENNSYLVANIA RALROAD.
South-Eastern Agent.
10 EHLERS CVE
THE "SUN" IRON BUILDING, SOUTHEAST CORNER BALTIMORE AND SOUTH STREETS.
8
NATIONAL STEAM LAUNDRY,
Nos. 13 and 15 N. Front St., cor. Fayette, Branch Office, No. 474 W. Baltimore Street, FOR WASHING, STARCHING AND IRONING ON AN EXTENSIVE SCALE,
Ladies' and Gentlemen's Wearing Apparel of all kinds, Bed and Table Linens and goods of every description Washed and Re- turned at the Shortest Notice.
We have just completed a very large and extensive addi- tion to our establishment, and are now prepared to do MORE and BETTER work than ALL the other Laundries in the city combined.
Goods called for and delivered to any part of the city FREE OF CHARGE.
N. B .- Shirts made to order and Fit Guaranteed.
N. C. SEARCH & CO., PROPRIETORS.
59
THE STRANGERS GUIDE TO THE CITY OF BALTIMORE.
him in any other manner than as hereinbefore mentioned, and there be no child or de- scendant of such intestate, then the estate shall descend to the brothers and sisters of the intestate of the whole blood and their descendants in equal degree, equally ; if no brother or sister of the whole blood or descendant from them, then to the brothers and sisters of the half blood and their descendants in equal degree, equally.
7. If no brother or sister of the whole or the half blood, or any descendant from them, then to the father ; if no father living, then to the mother ; if no mother living, then to the grandfather on the part oi the father; if no such grandfather living, then to the descend- ants of such grandfather in equal degree, equally: if no such grandfather or any descend- ant from him, then to the grandfather on the part of the mother ; if no such grandfather, then to his descendants in equal degree, equally ; and so on, without end, alternating the next male paternal ancestor and his descendants, and the next male maternal ancestor and his descendants, and giving preference to the paternal ancestor and his descendants. Where there are no descendants or kindred of the intestate :-
8. And if there be no descendants or kindred of the intestate as aforesaid to take the estate, then it shall go to the husband or wife as the case may be ; if the husband or wife be dead, then to his or her kindred in the like course as if such husband or wife had sur- vived the intestate, and then had died entitled to the estate by purchase; if the intestate has had more husbands or wives than one, and all shall die before such intestate, then the estate shall be equally divided among the kindred of the several husbands or wives in equal degree, equally. The above are the principal provisions of the Maryland law of inheritance ; there are further provisions as to advancement ; heirs in esse and after-born ; whole blood and half blood ; and representation among ascendants and collaterals.
DISTRIBUTION .- Of Personal Property .- 1. If the intestate leave a widow and no child, parent, grandchild, brother or sister, or the child of a brother or sister, the widow shall be entitled to the whole of the distributive surplus of the intestate's personal estate.
2. If there be a child, or children, or descendants of a child, the widow shall have one- third.
3. If there be no child, or descendants of the intestate, but if he shall leave a father or mother, or brother or sister, or child of a brother or sister, the widow shall have one-half.
4. The surplus (exclusive of the widow's share, or the whole surplus, if there be no widow) shall be equally divided amongst the children, if there be no other descendant ; and the childen of the intestate's children, and his descendants, shall share with his chil- dren per stirpes. Any advancement by the intestate by settlement or portion, shall be taken into account in determining the share of any child or descendant.
5. Next to children and descendants of the intestate, the father succeeds ; if there be no father, then the brothers and sisters of the whole and half blood indiscriminately, and children or descendants of such brothers and sisters per stirpes take the surplus.
6. The mother is next in the order of succession to the whole surplus. But the law fur- ther declares that if there be no father, a mother shall have an equal share with the broth- ers and sisters of the deceased and their children and descendants.
7. All collateral relations in equal degree next take ; but no representation amongst them is allowed and no distinction observed between the whole and half blood.
8. If there be no collaterals entitled, a grandfather may take, and if there be two grand- fathers, they shall both take alike ; and a grandmother, in case of the death of her husband (the grandfather), shall take as he might have done.
9. Posthumous children of intestate take as if they had been born before the intestate's decease. But no other posthumons relation is considered as entitled to distribution in his own right.
10. If there be no widow or relations of the intestate within the fifth degree, which de- gree is reckoned by counting down from the common ancestor to the more remote of the two (namely, the decedent and the relation), the whole surplus shall belong to the State.
11. If any person entitled to distribution shall die before it is made, his share shall go to his representatives.
Illegitimate children can inherit from their mother or from each other.
PROPERTY OF MARRIED WOMEN .- If a married woman die intestate and leaving chil- dren, her husband shall have a life estate in her property, real and personal ; but if she die intestate leaving no children, her husband shall have a life estate in her real property, and her personal property shall vest in him absolutely.
CORPORATIONS-Are formed by proceedings in the courts under a general incorporation law. By acts of 1872, chaps. 203-325, it is provided that stockholders shall be severally and individually liable to the creditors of the corporation, to an amount equal to the amount of stock held by them respectively. for all debts and contracts made by the corpo- ration, until the whole amount of the capital stock fixed and limited by the corporation shall have been paid in and a certificate thereof filed ; but no stockholder shall be indi- vidnally liable to the creditors, except to the amount of his unpaid subscription to the capital stock.
DIVORCE-Is within the jurisdiction of courts of equity. Marriages are dissolved a vin- culo matrimonii for the canonical causes of impediment existing previous to marriage; for adultery ; for abandonment for three years ; for fornication by wife before marriage. The court may decree that the guilty party shall not marry during life-time of the other. Divorces a mensa et thoro are decreed for vicious conduct, cruelty of treatment, abandon- ment and desertion. The court has power to award to the wife the property she had when married, or the value of the same, and also to provide for the custody and guardian- ship of the children. The court will award alimony when a divorce is decreed. Alimony pendente lite, or apart from divorce, is also allowed.
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