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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 279   View pdf image (33K)
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4 H. 4, CAP. 18, ATTORNEYS. 279
* The word "demurrant" in the original is said to be not well trans- 208
lated by the word "dwelling," Lit. Rep. 328. It is held that the sheriff
has no jurisdiction except in his own county; as observed by Lord Ellen-
borough in Chase v. Joyce, 4 M. & S. 412, with respect to a bailable latitat,
there has never been a doubt but that it must be executed in the county,
and by the officer of the sheriff to whom it was directed; out of the county
the officer would be a trespasser. And, though in case of process not bail-
able, the same may be served without the intervention of the sheriff, yet
it may be delivered to the sheriff, and he may be required to execute it,
but it can never be contended that he could be called on to serve it out of
his county, or that he could justify entering the house, or coming on the
land of the party out of his county, for the purpose of serving it. But
the Court will not enter into a question of the regularity of process upon
the question of the limits of adjoining counties, ibid., and Hammond v.
Taylor, 3 B. & A. 408; and the practice in such cases is to require an affidavit
that the arrest did not take place on the borders of the county, and that
there is no dispute as to boundaries, Webber v. Manning, 1 Dowl. P. C. 24.
The sheriff may, however, do a ministerial act out of his county, as make
a panel or return a writ, Bac. Abr. Sheriff, F. The relations of the sheriffs
to the Court of Chancery were considered by Chancellor Bland in Deale v.
Estep, 3 Bl. 433. See also the Code, Art. SHERIFF.!
1 Code 1911, Art. 87. A deputy sheriff in Maryland is a common law
officer and is not required to take any oath as a qualification to act as
such. His appointment by the sheriff in writing is sufficient. He possesses
authority such as the sheriff himself may exercise, as to abate a public
nuisance in a public highway. Turner v. Holtzman, 54 Md. 148; or to arrest
without warrant, Edgar v. Burke, 96 Md. 715; or to conduct an inquisition
in lunacy. Ex parte Bristor, 115 Md. —.
CAP. XVIII.
The Punishment of an Attorney found in default.

Item, For sundry Damages
and Mischiefs that have ensued
before this time to divers per-
sons of the Realm by a great
number of Attornies, ignorant
and not learned in the Law, as
they were wont to be before
this time; (2) it is ordained
and established, that all the At-
tornies shall be examined by
the Justices, and by their Dis-
Item pur pleuseurs damages
& meschiefs qont advenuz de-
vaunt ces heures as diverges
gentz du roiaime par Ie grant
uombre des attournees nient
sachautz naprises de la love
come ils soloient estre parde-
vant ordeignez est & establiz
qe toutz les attournees soient
examinez par les justices &
par leur discrecions leur nouns

 

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 279   View pdf image (33K)
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