LAWS OF MARYLAND—1779. 155
remove his effects from the place of his residence, whereby the
said sheriff may be prevented from executing the same,) to
apply himself to any magistrate of his county, and the said
magistrate, on such sheriff's application, and oath made by the
sheriff or some other credible person, that the said sheriff or
such person is informed, and verily believes, that such debtor
is about to abscond or remove his effects out of the said county,
and thereby prevent the sheriff from executing such debtor, or
his effects, for officers' fees so as aforesaid due, and that an
account had been delivered or left, as by this law is directed,
(which oath shall be reduced to writing, signed, and left with
the said magistrate, and by him returned to the next county
court,) shall give the said sheriff a warrant from under his hand
and seal, and thereby direct and empower the said sheriff to
execute the said debtor, or his effects, for the fees so as aforesaid
due, in money, at the rate hereafter specified, which the said
sheriff shall do without any execution fee.
The provisions in this section have been modified by 1822, ch. 219. |
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SEC. 14. Provided always, and be it enacted, If any debtor)
absconding, or about to abscond, or remove his effects, will give
such sheriff good and sufficient security for the payment of all
such officers' fees, that in such case the sheriff shall and he is
hereby obliged to take the same.
See preceding note. |
Proviso. |
SEC. 15. And be it enacted, That all costs recovered by
judgment, or decree, shall hereafter be payable and paid in
money, and not otherwise.
SEC. 16. The duties prescribed in this section are transferred from the
county courts to the levy courts, and other local authorities since substituted
for the levy courts. |
To be paid
in money. |
SEC. 17. And be it enacted, That if any person, chargeable
with officers' fees as aforesaid, shall neglect or refuse to pay the
same within the time aforesaid, it shall be lawful for the sheriffs,
immediately after the tenth day of August yearly, to distrain
the goods and chattels of the person so neglecting or refusing,
and to sell and dispose thereof, at the expiration of five days
after distress made, at public auction, all which shall be done
by the said sheriff without fee or reward, and the overplus,
beyond what will satisfy the demand aforesaid, shall be return-
able to the debtor.
This section was excepted out of the continuing act of October, 1780, ch.
25, but this act has since been continued by several other acts. See pre-
ceding notes. |
Sheriff may
distrain
goods, &c. |
SEC. IS. And be it enacted, That if any person indebted for
such fees shall refuse to pay the same within the time aforesaid,
or shall, on demand, neglect or refuse to shew to the sheriff
goods or chattels to bo distrained to the value of such fees, |
Persons
may be
executed,
&c. |
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