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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 598   View pdf image (33K)
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598 SHERIFFS. [ART. 88.

appear to them to be reasonable, taking care to keep the public
indemnified from all costs and charges.

15. If any sheriff shall fail to return an original writ within
the time limited by rule of the court for that purpose, the court,
on motion, shall amerce the sheriff to the amount of the debt or
damages and costs due from the defendant, to be ascertained by
the oath of the plaintiff, his agent, or attorney, and such other
proof as the court may require, and shall enter judgment nisi
the second day of the next term thereafter, for the amount of the
amercement aforesaid, in the name of the plaintiff against such
sheriff; which judgment shall have the same effect as if rendered
upon verdict.

16. If any sheriff shall fail to make return of a writ of exe-
cution within the time limited by rule of court for that purpose,
the court may cause judgment to be entered in the name of the
plaintiff, against such sheriff, for the amount of the judgment
recited in such execution, which judgment shall have the same
effect as a judgment rendered on verdict.

17. The court, on, motion, shall order a sheriff to make return
of any original writ, or writ of execution, unless such sheriff
shall satisfy the court by his oath or otherwise, that the said
writ was not received by him, or to his knowledge by any of his
deputies.

18. If a sheriff shall pay to the plaintiff any judgment ren-
dered against him .as aforesaid, he shall thereupon be entitled to
the original cause of action, or the judgment, as fully as the
plaintiff was; and may issue any execution in his own name, or
in the name of the plaintiff, on such judgment for his own use,
or prosecute such action to judgment and execution for his own
use; and shall be entitled to every other benefit and advantage
from such judgment or cause of action and suit thereon depend-
ing, that the original plaintiff might have had thereon.

19. The sheriff shall serve and return all writs and process
which may be sent from another county or city and delivered
to him, to the court to which the same is returnable, on or before
the second day of the session of such court; and if he neglect
or fail to do so, it shall be considered a contempt of the court,
and such sheriff, for such contempt, shall forfeit and pay a fine
not exceeding fifty dollars.

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 598   View pdf image (33K)
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