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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 605   View pdf image (33K)
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ART. 88.J SHERIFFS. 605

49. In all cases of distress or execution for officers' fees, the
sheriff may sell the goods and chattels distrained or executed at
public auction, five days after the same are so taken, unless such
officers' fees are paid; but the sheriff shall not charge any fees
for such distress, execution or bale.

50. The sheriff shall, before the first day of November in each
year, account with and pay over to each officer who may have
placed fees in his hands for collection; and if any sheriff shall
refuse or neglect to pay over officers' fees he has received or col-
lected, or ought to have collected, the person entitled to receive the
same may apply to the Circuit Court of the county or the court
in the city of Baltimore having jurisdiction over the amount
claimed, and such court shall render judgment against such
sheriff for the amount due from him; Provided, that no such
judgment shall be entered unless the person applying for the
same shall exhibit to the court an account of the sum due, veri-
fied by affidavit, and such other proof as the court may require,
and shall also prove to the satisfaction of the court, that he has
served a copy of such account on said sheriff and demanded pay-
ment thereof at least twenty days before the meeting of the
court at which the application is made.

51. If such sheriff shall controvert the demand, and desire a
jury to be empanelled, the court shall direct a jury to be imme-
diately empanelled to try an issue whether the said sheriff be
chargeable with and liable to pay any and what sum of money
to the person so claiming, and authorized to receive the same,
and the court shall pass judgment on the verdict of the jury as
in other cases, and award execution; and no execution issued on
any judgment rendered under this or the preceding section shall
be stayed by writ of error, supersedeas, injunction or appeal.

52. Any sheriff whose term has expired, shall have the same
power to collect his own fees or any officers' fees previously
placed in his hands for collection for one year thereafter, that he
had during the time he was sheriff, and may distrain or execute
for the same in the same manner as if his commission had not
expired.

53. If any sheriff shall die, his administrator may collect all
fees placed in the hands of such sheriff for collection, in the
same manner and by the same means as said sheriff might have
done in his lifetime; Provided, the power to execute or distrain

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 605   View pdf image (33K)
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