ART. 75] PROCESS. 1703

1904, art 75. sec. 101. 1888, art. 75. sec. 149. 1860, art. 75, sec. 110.

1841, ch. 109.

167. In all cases where there is no coroner in a county, the plain-
tiff may tile his declaration against the sheriff and his securities, or
against the person who is for the time the sheriff, when the suit is
against him or his individual account, and have a copy thereof set up
at the court-house door at least ten days before the sitting of the court
in which the suit is brought, and if no appearance by the defendant
before the first three days of the term be made, judgment shall be
entered up against them; provided, that the plaintiff shall mate affidavit
of the truth of the demand; and if the State shall be-plaintiff in its
own right, then a statement of the comptroller in his own handwriting
shall be evidence of the amount due the State; but no execution shall
issue on such judgment until twelve mouths after said third day of the
term.

Ibid. sec. 162. 1888, art. 75, sec. 150. 1860. art. 75, sec. 111. 1794, ch. 54,
sec. 5. 1843, ch. 271.

168. When the sheriff is a party to or interested in any suit or pro-
ceeding in any court so as to be disqualified from sen-ing process, and
there is no coroner duly qualified to serve such process, the judge of
the court in which such suit or proceeding is to be instituted or is
pending shall, on application of any party interested, supported by
affidavit or other proof of such disqualification, appoint an elisor to
serve any process in such suit or proceeding, which appointment shall
be in writing, signed by the judge and filed with the clerk issuing the
process, and may be made either in court or during the recess.

The design of this section is that the judge should be satisfied of the truth
of the allegation that the sheriff could not safely be trusted to serve the
process. The affidavit may be made by a party to the suit. Penn v. Isher-
wood, 5 Gill, 214.

Ibid. sec. 163. 1888, art. 75, sec. 151. 1860. art. 75, sec. 112.
1843, ch. 271.

169. Every elisor appointed as aforesaid shall have the same power
to serve any writ or process directed to him as the sheriff has to serve
similar process, and shall be entitled to the same fees therefor.

Ibid. sec. 164. 1888, art. 75, sec. 152. 1860, art. 75, sec. 113.
1794, ch. 54, sec. 6.

170. Tf any elisor dies or refuses to act, the judge may appoint
another in his place.

Ibid. sec. 165. 18S8, art. 75, sec. 153. 1860, art. 75, sec. 114. 1852, ch. 50.
1852, ch. 169. 1852, ch. 357.

171. The city of Baltimore shall be regarded as a county, so far as

relates to the sending of process of any kind from one county to another:

and each of its courts within its respective jurisdiction shall have all the

powers of the circuit, court for a county in relation to such process, but

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