LAWS OF MARYLAND— 1805.

529

to the provisions of said act ; Atid provided, that any sheriff or
coroner of this state shall also be entitled to all the benefits and
advantages reserved to such sheriff of coroner under and in
virtue of the act which passed in the year seventeen hundred

and ninety-four, * entitled, an act for the amendment of the law
in certain cases, any thing in this act contained to the contray
notwithstanding.
The act of 1768, ch. 10, referred to in this section, is noted in this com-
pilation as merged in the act of 1794, ch. 54. The legislature having
referred to it as in force, it is now supplied.

MAT, 1768.— CHAPTER 10.

AN ACT for the recovery of certain Amerciaments, and also upon defaults
on Executions.

*Chap, 54.

Be it enacted by the right honourable the Lord Proprietary,
by and with the advice and consent of his lordship's Governor,
and the Upper and Lower Houses of Assembly, and the autho-
rity of the same. That in case any sheriff or coroner shall be
called upon, by the order of the justices of the provincial, or of
any county court, to bring before them any defendant or defen-
dants, before arrested by such sheriff or coroner, according to
the said sheriff's or coroner's return of or upon any writ, being
either mesne process or of execution, and shall fail, neglect or
omit, to bring into court such defendant or defendants, and
therefore shall be amerced by the justices aforesaid, or have his
default entered, then and in either such case it shall and may
be lawful for the justices aforesaid, in the name of the plaintiff
or plaintiffs, and to and for his, her or their use, on motion, to
order and direct judgment to be entered up against such sheriff
or coroner for the sum in which the said sheriff or coroner shall
be amerced, or for the sum and costs recovered against the per-
son or persons taken on execution, which respective judgments
shall have the force and effect, to all intents and purposes, of
any judgment rendered on the verdict of a jury.

Judgments
may be
entered
against
sheriffs, &c.

SEC. 2. Provided always, That before the said judgments
shall become absolute for the said sum in which the aforesaid
sheriff or coroner shall be amerced, or for the sum and costs
recovered against the person or persons taken on execution,
against the said sheriff or coroner, the plaintiff or plaintiffs, his,
her or their executors or administrators, shall make appear, to
the satisfaction of the justices aforesaid, a demand by him, her
or them, or his, her or their attorney at law, made of or from
the sheriff or coroner aforesaid, of the sum in which such
sheriff or coroner shall be amerced, or of the sum and costs
recovered against the person or persons taken on execution as
aforesaid, and also the refusal or neglect of the sheriff or coro-
ner to pay the same respective sums, according to such demand ;
67

Proviso.