Volume 194, Page 1024 View pdf image (33K) |
1024 23 GEO. 2, CAP. 11, PERJURY. See Tidd Prac. 306 et seq; 2 Wms. Saund. 47 dd; Wilbraham v. Snow in notis.1 The word required in the Statute means required by rule. But a rule to compel the Sheriff, six months after his retirement from office, to return a writ is not a nullity; and if time is obtained on his behalf to return the writ, the relief given by the Statute is waived. Walker v. Davies, 3 Hurl. & N. 374. See the Code, Art. 88, secs. 8-33.2 1 In Busey v. Tuck, 47 Md. 173, it is said: "It would seem that statute, [20 Geo. 2, c. 37], if it is to be construed as mandatory, has never been in force in Maryland. The uniform practice in this State has always been that the sheriff who begins the execution shall end it though his term of office expires in the meantime." See also Deakins v. Rex, 60 Md. 598. But where a sheriff has completed his return to a writ of attachment on warrant and then goes out of office, a fi. fa. issued on the ensuing judg- ment of condemnation must be directed not to him, but to the acting sheriff. Johnson v. Foran, 58 Md. 148. 2 Code 1911, Art. 87, secs. 5 et seq. 766 STATUTES Made at WESTMINSTER. Anno Regni GEOEGII II. vicesimo tertio and A. D. 1750. CAP XI. An Act to render Prosecutions for Perjury and Subornation of Perjury, more easy and effectual. Whereas by reason of Difficulties attending Prosecutions for Perjury and Subornation of Perjury, those heinous Crimes have frequently gone unpunished, whereby wicked and evil- disposed Persons are daily more and more emboldened to com- mit the same, to the great Dishonour of God, and manifest Let and Hindrance of Justice; For Remedy whereof, be it enacted by the King's most Excellent Majesty, by and with the Advise and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That in every Information or Indict- ment to be prosecuted against any Person for wilful and cor- rupt Perjury, it shall be sufficient to set forth the Substance of the Offence charged upon the Defendant, and by what Court, |
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Volume 194, Page 1024 View pdf image (33K) |
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