672

LAWS OF MARYLAND.— 1817.

by him for the use of this state ; and if the officer so offending
be the sheriff, he shall be committed to the coroner of the county,
in whose custody he shall remain, without bail or mainprize,
until the payment of the fine and fees aforesaid.

Sheriffs,
&c. to
make
return by
mail.

SEC. 7. And be it enacted, That it may be lawful for every
such sheriff, coroner, or other officer, to return any writ or other
process, so directed to him to be served, to the clerk of the court
to which the same is made returnable, by the mail, in a letter
or cover sealed up and duly addressed; but the non-return of
such process, by the time herein before limited, shall not be
excused by any evidence which such sheriff, coroner, or other
officer, may offer, to prove that such writ or process was
deposited in the post-office to be so transmitted, except the
positive affidavit, in writing, of such officer himself, setting forth
substantially the process so transmitted, the return endorsed
thereon, the manner in which the same was covered and ad-
dressed, and the actual time when the same was deposited in
the post-office; and if the justices of the court, before whom
such sheriff, coroner or other officer, shall appear, or be brought
by process of attachment as aforesaid, shall be satisfied of the
facts contained in such affidavit, and that such process was
deposited in the proper post-office in due time, to be transmitted
to the court, to which the same was made returnable, then and
in such case the said justices may remit the fine aforesaid, and
discharge such officer from the attachment on the payment of
the costs arising from the proceedings had and made in conse-
quence of the non-return of the writ or process herein before
mentioned ; and the said justices shall direct such affidavit to
be filed, and their judgment in relation thereto to be entered on

Proviso.

the record of their proceedings; Provided nevertheless, that
nothing herein contained shall in any manner effect the remedy
given to the party grieved by the first section of the 'act relative
to the administration of justice,' passed at December session

* Ch. 148.

eighteen hundred and fifteen,* for the neglect or delay of any
such sheriff, coroner, or other officer, in not making a due
return of process directed and delivered to him as aforesaid.
See 1815, ch. 163, sec. 7, ante page 635.

CHAPTER 146.
AN ACT providing for the appointment of an Attorney-General, and of
District Attorneys, in the several Judicial Districts of this state, and for
Baltimore City Court.
Repealed by 1821, ch. 126.