| 1817.
CHAP. 139. |
LAWS OF MARYLAND.
and accounted for by him to the treasurer of his respective shore,
in like manner as other sums of money received by him for the use
of this state; and if the officer so offending be the sheriff, he shall
be committed to the coroner of the county, in whose custody he
shall remain, without bail or mainprize, until the payment of the
fine and fees aforesaid. |
Sheriffs, &c. to
make return by
mail.
Proviso. |
7. AND BE IT ENACTED, That it may be lawful
for every such sheriff,
coroner, or other officer, to return any writ or other process,
so directed to him to be served, to the clerk of the court to which
the same is made returnable, by the mail, in a letter or cover sealed
up and duly addressed; but the non-return of such process, by the
time herein before limited, shall not be excused by any evidence
which such sheriff, coroner, or other officer, may offer, to prove
that such writ or process was deposited in the post-office to be so
transmitted, except the positive affidavit, in writing, of such officer
himself, setting forth substantially the process so transmitted, the
return endorsed thereon, the manner in which the same was covered
and addressed, and the actual time when the same was deposited
in the post-office; and if the justices of the court, before whom such
sheriff, coroner, or other officer, shall appear, or be brought by process
of attachment as aforesaid, shall be satisfied of the facts contained
in such affidavit, and that such process was deposited in the proper
post-office in due time, to be transmitted to the court, to which the
same was made returnable, then and in such case the said justices
may remit the fine aforesaid, and discharge such officer from the
attachment on the payment of the costs arising from the proceedings
had and made in such consequence of the non-return of the writ or
process herein before mentioned; and the said justices shall direct
such affidavit to be filed, and their judgment in relation thereto to
be entered on the record of their proceedings; Provided nevertheless,
that nothing herein contained shall in any manner affect the
remedy given to the party grieved by the first section of the " act
relative to the administration of justice," passed at December session
eighteen hundred and fifteen (a), for the neglect or delay of any
such sheriff, coroner, or other officer, in not making a due return
of process directed and delivered to him as aforesaid.
(a) Ch. 148. See 1815, ch. 163, s. 7. |
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Passed Feb. 7, 1818. |
CHAP. CXL.
An Act for the relief of Mary Henry, of Frederick County.
Lib. TH.
No. 6, fol. 50. A Private Act. |
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Passed Feb. 9, 1818.
* 1811, ch. 70. |
CHAP. CXLI.
A Supplement to the act*, entitled, An act to regulate the Inspection
of
Lumber. Lib. TH. No. 6, fol. 50. |
Penalty for acting
as inspector unless
appointed by governor
and council.
Proviso. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
no person shall act as inspector of lumber except those commissioned
by the governor and council, under the penalty of five hundred
dollars, one half to the informer, the other half to the state,
to be collected as other fines and forfeitures are collected in this
state; Provided always, that nothing in this section contained shall
be construed to extend to any person or persons who shall, by consent
of the buyer and seller, measure any boards, plank, scantling,
or other lumber, in the river Susquehanna, or within five miles of
the mouth thereof. |
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