clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 85   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

3 E. 1, CAP. 17, REPLEVIN. 85

the Plaintiff made without
Writ. and upon the same Pain.
(7) And this is to be intended
in all Places where the King's
Writ lieth. (8) And if that
be done in the Marches of
Wales, or in any other Place,
where the King's Writs be not
current, the King, which is
Sovereign Lord over all, shall
do Right there unto such as
will complain.
droit a ceux, queux pleindre
se voudront.

 
53 H. 3, c. 3. 13 Ed. 1, Stat. 1, c. 39. Regist. 85. 2 Inst. 192. A Non Omit-
tas to the Sheriff if the Bailiff do not execute the Writ. 52 H. 3, c. 21.
It is under this Statute that the sheriff has power on request and refusal
to break open a house to execute a replevin; which he cannot ordinarily do
on other civil process, see Semayne's case and notes, 1 Smith Lead. Cas. 39;
and he is to do his office without delay and forthwith replevy the beasts. And
if he returns that the beasts are enclosed in a park, among savages, or in a
castle, he shall be amerced, and another writ awarded, for he ought to have
taken the poss. cow. this being a denial, Bac. Abr. Replevin, E. P.; 2 Inst.
193 et seq'. It is to be observed, however, that the prostration or demolish-
ment of the house cannot be done upon the return of the sheriff, but in a
suit in behalf of the State, wherein the parties interested may be called to
answer, and on judgment given against them process will be made to the
sheriff to prostrate the building, 2 Inst. 194.
By the Act of 1861, Ex. Sess. ch. 69, 'l provision is made for the service of
any kind of civil process upon persons resisting the same by threats, intimi-
dation, violence or superior force, or being within any fortress, fortified
place or building, to which entrance is denied to the officer, or service cannot
be made by him without force or personal risk, by leaving a copy of the pro-
cess with such person as may present himself when it is sought to be served,
or where the party to be served with it may be, or by setting the copy upon
the fortress, &c. or as near as practicable thereto, and return of the facts
is to be made accordingly, which return shall be equivalent to a return of
actual personal service on the party.
1 Code 1911. Art. 75, sec. 172.

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 85   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives