LAWS OF MARYLAND.— 1794.

311

CHAPTER 54.

AN ACT for the amendment of the law in certain cases.
Be it enacted, by the General Assembly of Maryland, That
in case any sheriff or coroner shall be called upon by order of
any court of record within this state, or of the high court of
chancery, to make return of any writ of execution, and shall
fail or omit to make return thereof within the time limited by
rule of court made for that purpose, it shall and may be lawful
to and for the judges aforesaid to cause judgment to be entered
up, in the name of the plaintiff or plaintiffs, against such sheriff
or coroner, for the amount of the debt or damages, and costs,
recovered from the person or persons against whose body, goods,
chattels, land or tenements, such execution shall have issued,
which judgment shall have the same effect, operation and
validity, as any judgment rendered upon any verdict of a jury.

BY 1795, ch. 23, the same proceedings shall be had on executions sent
from one county to another under the act of October, 1777, ch. 12.

Judgment
may be
entered
against any
sheriff, &c.

SEC. 2. And be it enacted. That in case any sheriff or coroner
shall be called upon by order of the justices of the general court,
or of any county court, to return any original writ, and shall fail
or omit to make return thereof within the time limited by rule of
court for that purpose, and in all cases where any sheriff or coro-
ner, being called upon by order of the general court or any county
court, to bring before them any defendant or defendants before
arrested by such sheriff or coroner upon any original writ or mesne
process, according to the tenor of his return, the court, on motion,
shall cause such sheriff or coroner to be amerced to the amount
of the debt or damages, and costs, due from the defendant or de-
fendants, to be ascertained by the oath of the plaintiff or plain-
tiffs, his, her or their factor, agent or attorney, and such other
proof as the court may require, and shall and may enter judg-
ment, nisi the second day of the next term thereafter, for the
amount of the amerciament aforesaid, iti the name of the plain-
tiff or plaintiffs, and for his or their use, against such sheriff or
coroner, which judgment shall be as valid and effectual as any
judgment rendered upon any verdict of a jury.

Sheriff, Ice.
may be
amerced,

&c.

SEC. 3. And be it enacted. That in all cases where any
sheriff or coroner shall pay and satisfy to the plaintiff or plain-
tiffs any judgment rendered against him in virtue of this act as
aforesaid, or any judgment rendered against him for a default
upon any execution, such sheriff or coroner shall thereupon
immediately become entitled to the original cause of action, or
judgment, as the case may be, as fully as the plaintiff or plain-
tiffs themselves was or were, and may issue any execution in
his own name, or in the name of the original plaintiff or plain-
tiffs, upon such judgment, for his own use, or prosecute such

And enti-
tled to the
original
cause of
action, &c.