313

LAWS OF MARYLAND.— 1794.

action to judgment and execution for his own use, and shall be
entitled to every other benefit and advantage from such judg-
ment, or cause of action, and suit thereon depending, that the
original plaintiff or plaintiffs might or could have had thereupon.

Court may
make an
order, &c.

SEC. 4. And be it enacted. That upon motion made to either
of the said courts for an order upon the sheriff or coroner to
make return of any writ of execution, or any original writ, as
aforesaid, the said court shall and they are hereby directed to
make such order of course, unless such sheriff or coroner shall,
upon oath or otherwise, satisfy the said court that the said writ
was not received by him, or to the best of his knowledge by
any of his deputies.

Clerk may
direct a
writ to an
elisor, &c.

SEC. 5. And be it enacted, That the clerk of the general
court, or of any county court, on application for any original writ
within the jurisdiction of such court, or for any writ of execu-
tion on any judgment rendered in such court, shall and may
direct the same to an elisor, to be appointed by one judge or
justice of the court, which appointment shall be made by the
judge or justice in writing, and filed with the clerk, before the
issuing of such writ, and no such appointment shall be made by
any judge or justice unless he shall be satisfied, by affidavit,
that the sheriff or coroner of the county cannot safely be trusted
with the execution thereof.

Who shall
have power,

&c.

SEC. 6. And be it enacted, That such elisor, in the execution
of such process, shall have such power and authority as any
sheriff might have lawfully exercised in such cases, and shall
be entitled to the same fees, and subject to the same remedies,
as in like cases might be received by, or had against, any sheriff
or coroner ; and if any elisor shall refuse to execute such pro-
cess, or shall die, or otherwise become incapable of executing
the same, it shall and may be lawful, upon application of the
plaintiff, or his or her agent or attorney, for such judge or justice
to certify the same to the clerk who issued the said writ, and to
nominate and appoint some other elisor, to whom the said clerk
is hereby authorized and required to direct the same writ, who
shall thereupon have all the powers and authorities, and in all
respects stand in the same situation, as if he had been originally
named in, and the said writ had been originally directed to him.

Attachment
may be
awarded,
&c.

SEC. 7. And be it enacted, That in case any person of full
age, residing out of this state, is or shall be entitled to any lands
or tenements lying in this state by hereditary descent, or by
devise, and the person from whom such lands descended, or by
whom the same were devised, was in his life-time indebted to
any person or persons whatsoever, it shall and may be lawful
for the court in which any suit against such heir or heirs at law,
or devisee, may be instituted, to award attachment against the
lands and tenements of such heir or heirs, devisee or devisees,