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LEVIN WINDER, ESQUIRE, GOVERNOR.
(as the case may require,) and such sheriff or coroner may, under
such duplicate or new writ, and he hereby is authorised and empowered,
to seize and taken into his hands or possession the same
property, whether real or person, which may have been taken
by the sheriff, or coroner or elisor so dying, and there shall be the
same proceedings thereon as in other cases of fieri facias; Provided
nevertheless, that the executors or administrators of the sheriff,
coroner or elisor, so dying, shall not charge, exact or receive, any
poundage or other fees for services performed under any such fieri
facias by the sheriff, coroner or elisor so dying. |
DEC. 1813.
CHAP. 102.
Proviso. |
7. AND BE IT ENACTED, That the due and legal
notice required
to be given by any sheriff, coroner or elisor, of the sale of any
goods or chattels, lands or tenements, hereafter to be made by and
under any writ of fieri facias or venditioni exponas, shall,
in the
case of the sale of goods or chattels (a), be by advertisement set up
at least ten days before the day of sale at the court-house door of
the county, and at least at two other public places most convenient
to such goods or chattels; and in the case of the sale of negro
slaves (b), such advertisement shall also be published before the day
of sale in some newspaper having circulation in the county; and in
the case of the sale of lands or tenements (b), notice thereof shall
be given by advertisement set up at least twenty days before the
day of sale at the court-house door of the county, and at other
public places in the county in which the lands or tenements shall lie,
and also published before the day of sale in some newspaper having
a general circulation in the county.
(a) By Dec. 1816, ch. 129, negro
slaves are excepted.
(b) By 1816, ch. 129, in the case of the sale
of negro slaves, lands and tenements,
notice thereof to be given by advertisement set up at least twenty days
before the
day of sale at the court-house door of the county in which the negro slaves,
&c.
may be, and also published for the same period of time, previous to the
day of
sale, in some newspaper, provided there be any printed in the county. |
Legal notice of
sales. |
8. AND BE IT ENACTED, That in case any sheriff
or coroner
shall have lawfully arrested or taken in execution any person or
persons in virtue of any writ of attachment, of capias ad respondendum,
or of capias ad satisfaciendum, and such sheriff or coroner
shall die before the return day of any such writ, it shall and may
be lawful for the sheriff for the time being, or some other of the
coroners, (as the case may be,) of the county, on the application
of the plaintiff in any such writ, or his counsel, and on producing
to such sheriff or coroner as aforesaid the writ under which the
person or persons shall have been arrested or taken in execution as
aforesaid, and such sheriff or coroner shall be authorised, and he
is hereby required, again to arrest or take in execution, under and
in virtue of any such writ, the person or persons who may have
been arrested or taken in execution as aforesaid, in the same manner
as if such person or persons had not been before arrested or
taken in execution under any such writ. |
Sheriffs having
lawfully arrested
under writs of attachment,
&c. and
dying before return
day, persons
taken in execution
to be again arrested
on application
of plaintiff. |
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CHAP. CIII.
An act to lay out and open two Roads in Queen-Anne's County.
Lib.
TH. No. 4, fol. 116.
A Supplement, 1814, ch. 130. |
Passed Jan. 14, 1814. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
John Hackett, Joseph Rochester, James Brown, Joseph B. Snarks |
Commissioners appointed
to lay out
and open roads. |
VOL. III.
10
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