THOMAS SWANN, ESQUIRE, GOVERNOR. 359
CHAPTER 203.
AN ACT to provide a summary remedy against
Sheriffs for making false returns to any writ of
fieri facias, or other execution, by adding a new
Section to Article eighty-eight of the Code of
Public General Laws, title " Sheriffs."
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SECTION 1. Be it enacted by the General Assembly
of Maryland, That the following Section be added
to the Code of Public General Laws, Chapter
eighty-eight, title "Sheriffs:"
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Additional.
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Sec. 2. And be it enacted. That if any Sheriff
shall make return to the Court of any fieri facias,
attachments, venditioni exponias, that he has seized
the property of the defendant which remains un-
sold, or that the property heretofore levied upon
remains in his hands unsold for want of buyers, or
that the defendant has satisfied the plaintiff or his
attorney, the debt or claim or any part thereof
mentioned in the said process, the said plaintiff or
his attorney may apply to the said Court for a
rule on the said Sheriff or late Sheriff as the case
may be, to bring the said money into Court or
before a Judge thereof on a day to be named in
the said rule, or show good cause to the contrary,
and upon the failure of the said Sheriff or late
Sheriff to bring the said money into Court, or be-
fore the said Judge at the time mentioned in the
said rule or any other day to be named by the said
Judge the amount of the debt, damages, interest
and costs to be ascertained by the plaintiff or at-
torney, or such other proof as the Judge may re-
quire, the said Court or Judge in the recess may
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Make false
returns.
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cause judgment to be entered by the Clerk against
the said Sheriff for the plaintiff's claim, interest
and costs in favor of the plaintiff without stay of
execution, and without the right of the defendant
to supercede or appeal from the same ; provided,
that the said Court or Judge thereof shall be sat-
isfied that the said Sheriff has received the said
debt, interest and costs or any part thereof from
the defendant in the said process, and that his
said return of process is lalse and untrue, and
that the remedy under this Section shall not pre-
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Judgment
against sheriff
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