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Session Laws, 1823
Volume 628, Page 123   View pdf image
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LAWS OF MARYLAND.

123

wherein he thus acted as sheriff or coroner, such sheriff or coroner
shall not charge or receive any part of the poundage fee allowed by
law on the service of writs of execution, when such proceedings are
had as are authorised by this act, but the same shall be wholly due
to the sheriff or coroner who shall effect the sale of any such goods
or chattles, lands or tenements, under the special writ of venditioni
exponas, authorised and directed to be issued by the provisions of this
act and the act to which it is supplementary, and such sheriff or coro-
ner may charge, receive and exact the whole poundage fee due on
such sales after the manner prescribed by law for the recovery of
poundage fees in other cases.

Dec. Ses. 1823

3. And be it enacted, That if any sheriff or coroner hath seized or
taken, or shall seize or take into his possession any goods or chatties,
lands or tenements, by virtue of any writ of execution to him deliver-
ed, and hath removed, or shall remove out of the county wherein he
thus acted as sheriff or coroner before the return day of such writ of
execution, or without having made any return thereof, in every such
ease the plaintiff or plaintiffs, his or their representatives or attorney
before the return day, may and shall obtain a duplicate of such writ
of execution, or after the return day a new writ of execution directed
to the sheriff, or some coroner of the county for the time being as the
case may require, under which duplicate or new writ of execution,
such sheriff or coroner may proceed to seize and take into his posses-
sion the goods or chatties, lands or tenements, so as aforesaid seized
and taken by the removing sheriff or coroner, and to sell the same as
under ordinary writs of fieri facias, and may and shall charge, receive
and exact upon any sale under such duplicate or new writ, the whole
of the poundage fee due on such sale in the mode prescribed by law
for the recovery of such fee in other cases, to the exclusion of the
sheriff or coroner so removing.

Case of She-
riff's removal
before return
day.

4. And be it enacted, That if any sheriff or coroner who shall
have lawfully arrested or taken in execution any person or persons
under and by virtue of any writ of attachment, capias ad responden-
dum or capias ad satisfaciendum hath removed or shall remove out
of the county wherein he so acted as sheriff or coroner before the re-
turn day of any such writ, it shall and may be lawful for the sheriff
or some coroner of the county for the time being, as the case may re-
quire, and such sheriff or coroner is authorised and required upon the
application of the plaintiff or plaintiffs in any such writ, or his, her or
their attorney, and upon the production of the writ under which such
person shall have been arrested, again to arrest and take in execution
such person or persons so as aforesaid arrested or taken in execution,
in the same manner as if such person or persons had not been before
arrested or taken in execution.

Persons ta-
ken under
execution in
such case.

CHAPTER 181.
An act setting apart the three first days of the County Courts, of the first Ju-
dicial District, for the transaction of equity business.
Beit enacted by the General Assembly of Maryland, That from and
after the first day of June next, it shall be the duty of the judges
of the first judicial district to set apart the three first days in each
and every term thereafter, for the hearing and deciding of causes
pending on the equity side of the county courts, in the said district;
and that all subpeonas for witnesses be made returnable on the
fourth day of the respective terms of the said courts; and that all

Passed Feb
24, 1824.
Equity busi-
ness.



 
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Session Laws, 1823
Volume 628, Page 123   View pdf image
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