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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1951   View pdf image (33K)
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ART. 87] SERVICE AND RETURN OF PROCESS. 1951

or late sheriff to bring into court, or before the said judge at the time
mentioned in the said rule, or any other day to be named by the
said judge, the amount of the debt, damages, interest and costs to
be ascertained by the plaintiff or attorney, or such other proof as
the judge may require, the said court or judge in the recess may
cause judgment to be entered by the clerk against the said sheriff, for
the plaintiff's claim, interest and costs in favor of the plaintiff without
stay or execution, and without the right of the defendant to supersede
or appeal from the same; provided, that the said court or judge thereof
shall be satisfied that the said sheriff has received the said debt, interest
and costs, or any part thereof, from the defendant in the said process,
and that his said return of process is false and untrue, and that the
remedy under this section shall not prejudice the plaintiff's right to
proceed by suit against the bond of the sheriff.

1904, art. 87, sec. 16. 1894, ch. 61, sec15A.

16. Any sheriff may make one or more returns of the proceeds of
sale under any fieri facias, attachment or venditioni exponas, where dis-
pute is known to exist as to the distribution of the proceeds of sale, to
the circuit court for his county, or to the court in Baltimore city out
•of which the process issued, and the court may ratify one of the aheriff'a
returns, or may reject all returns and remand the same to the sheriff
for a further return; provided, that any one aggrieved by the decision
of the court in ratifying any return may appeal to the court of appeals
as may now be done from any final decree or order in the nature of a
final decree from a court of equity.

Ibid. sec. 17. 1888, art. 87, sec. 16. 1860, art. 88, sec. 19. 1817, ch. 139, sec. 6.

17. The sheriff shall serve and return all writs and process which
may be sent from another county or Baltimore city and delivered to
him to the court to which the same is returnable, on or before the second
day of the session of such court; and if he neglect or fail to do so, it
shall be considered a contempt of the court, and such sheriff for such
contempt shall forfeit and pay a fine not exceeding fifty dollars.
See art. 75, sec. 161, et seq.

Ibid. sec. 18. 1888, art. 87, sec. 17. 1860, art. 88, sec. 20. 1817, ch. 139, sec. 6.

18. The court imposing the fine for the contempt mentioned in the
preceding section shall certify the same to the circuit court for the
county where the sheriff resides; or, if he resides in the city of Balti-
more, to the superior court of Baltimore city; and upon the receipt of
such certificate by the court to which it may be sent, the said court
shall forthwith compel the payment of the same in the same manner
as if the fine had been imposed by such court.

Ibid. sec. 19. 1888, art. 87, sec. 18. 1860, art. 88, sec. 21. 1817, ch. 139, sec. 7.

19. The sheriff may return any writ or other process sent from
another county or Baltimore city to the clerk of the court to which

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1951   View pdf image (33K)
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