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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 612   View pdf image (33K)
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612

LAWS OF MARYLAND.— 1812.

 

ment was obtained ; and it shall be the duty of such sheriff to
serve the said scire facias, and return it to the county court
whence the same shall have issued, according to the tenor and
command thereof; and the parties so summoned, by means of
the said duplicate, may appear thereto, and the like proceedings
shall be had against them in the said county court, in the same
manner as if they were residents of the county in which the
said judgment was obtained.

How to be
served
when issued
out of court
0f appeals,
&c.

SEC. 8. And be it enacted, That in all cases of scire facias
against heirs or terre-tenants, which shall or may be issued out
of the court of appeals of either shore, on any judgment which
hath been or may be rendered therein, or which hath been ren-
dered in the late general court, when any one or more of the
heirs or terre-tenants named and included in such writ of scire
facias, or to whom the same is intended to be made known,
shall be resident of any other county than that in which the
defendant in the original judgment resided, it shall and may
be lawful for the clerk of the court of appeals, who shall or
may issue the said writ of scire facias, to issue and direct to the
sheriff of each and every other county wherein any of the said
heirs or terre-tenants shall or may reside, a duplicate of the said
writ of scire facias, returnable to the county court to which the
original writ of scire facias shall be made returnable ; and it
shall be the duty of each sheriff to serve the said duplicate writ
of scire facias, and return the same to the county court to which
it shall be made returnable according to the tenor and command
thereof; and the person or persons so summoned by means of
any such duplicate writ of scire facias, may appear thereto, and
the like proceedings shall and may be had against them in the
said county court in the same manner as if they were residents
of the county to which the said writ of scire facias shall be
made returnable.
See 1829, ch. 166.

Joint writs
of capias ad
dum

SEC. 3. And be it enacted, That in all cases wherein a joint
writ of capias ad respondendum hath issued), or shall issue, and
if any county court of this state, against heirs or devisees,
named and included in the said writ, shall be resident in any
other county than that in which the said writ shall have issued,
or may issue, it shall and may be lawful for the clerk of the
county court who shall have issued or may issue any such
writ, to issue and direct to the sheriff of each and every other
county wherein any of the said heirs or devisees shall reside, a
duplicate of the said writ, returnable to the county court out of
which the same hath issued or shall issue ; and it shall be the
duty of such sheriff to serve the said writ, and make return
thereof to the county court whence the same shall have issued,
according to the tenor and command thereof; and the parties so



 
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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 612   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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