542 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.
process is made returnable, and deposit it in the nearest post
office, to be conveyed to such clerk, endorsing his name thereon
as hereinbefore directed; and such certificate in all proceedings
relating to the sheriff or Other officer lo whom any such writ or
process was directed, shall be competent and sufficient evidence
to prove the delivery of such process to such officer; the pro-
visions of this and the preceding section to apply to writs of fieri
facias and attachments sent from one county to another.
107. Every clerk who shall neglect or delay to perform the
duties required by the three preceding sections, shall forfeit and
pay a sum not exceeding fifty dollars for every refusal or neglect,
for the use of the State.
108. The expense of postage incurred by the respective clerks,
and a reasonable compensation for their services in the trans-
mission, delivery, and receipt of process from one county to
another, shall be allowed to them by the county commissioners
of their respective counties, and Mayor and City Council of
Baltimore.
109. Any process directed to another county instead of being
sent by mail as hereinbefore directed, may be sent by any per-
son, and upon proof of the delivery of the same to the sheriff or
other officer to the satisfaction of the court from which the same
issued, such delivery shall have the same effect to charge the
sheriff or other officer as if delivered under the provisions of the
preceding sections.
110. In all cases where there is no coroner in a county, the
plaintiff may file his declaration against the sheriff and his se-
curities, or against the person who is for the time the sheriff,
when the suit is against him on his individual account, and have
a copy thereof set up at the court house door at least ten days
before the sitting of the court in which the suit is brought, and
if no appearance by the defendant before the first three days of
the term, judgment shall be entered up against them; Provided,
that the plaintiff shall make affidavit of the truth of the demand,
and if the State shall be plaintiff in its own right, then a state-
ment of the Comptroller in his own handwriting shall be evi-
dence of the amount due the State; but no execution shall issue
on such judgment until twelve months after said third day of
the term.
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