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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1953   View pdf image (33K)
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ART. 87] DEATH, RESIGNATION OF REMOVAL. 1953

together with all papers (if any) showing the proceedings of such
sheriff in virtue thereof.

1904, art. 87, sec. 23. 1888, art. 87, sec. 22. 1860, art. 88, sec. 25. 1840. ch.
216. 1842, ch. 272, sec. 2.

23. On application by the person for whose use such process may
have issued, the clerk or register shall issue such process as he might
have issued if the return had been made by the deceased sheriff; and
the same may be issued before or after the return day named in the
process in the hands of such deceased sheriff; or if the executor shall
neglect or refuse to make the return as aforesaid, the plaintiff may
issue a duplicate or new writ, as provided in the following section.

Ibid sec. 24. 1888, art. 87, sec. 23. 1860, art. 88, sec. 26. 1813, ch. 102, sec. 6.
1823, ch. 180. 1840, ch. 216, sec. 3. 1845, ch. 123, sec. 1.

24. If any sheriff shall take into possession any goods or chattels,
lands or tenements, by virtue of any writ of execution and shall remove
out of the county or Baltimore city wherein he acted as sheriff before
the return day of such execution, or without having made any return
thereof, the plaintiff, or his representative, before the return day, may
obtain a duplicate of such writ of execution, or after the return day, a
new writ of execution, directed to the sheriff or some coroner of the
county or city, for the time being, as the case may require; under which
duplicate or new writ of execution such sheriff or coroner may seize and
take into his possession the goods or chattels, lands or tenements seized
and taken by the sheriff who shall have so removed and sell the same
as in other executions, and shall be entitled to the whole poundage fees
to the exclusion of the sheriff so removing.

Ibid. sec. 25. 1888, art. 87, sec. 24 1860, art. 88, sec. 27. 1829, ch. 39.

25. If any sheriff shall take any goods, chattels, lands or tenements
in virtue of any execution and shall die, resign or remove from the
county or Baltimore city before the same are sold, and the goods, chat-
tels, lands or tenements shall be insufficiently or informally described
in the schedule returned by such sheriff, the court from which such
execution issued or the judge thereof during the recess shall order the
schedule and return of any such sheriff to be amended so as to describe
with sufficient certainty the property purporting to be taken in virtue
of such writ.

Ibid. sec. 26. 1888, art. 87, sec. 25. 1860, art. 88, sec. 28. 1813,
ch. 102, sec. 4.

26. If any sheriff shall make sale of any lands or tenements and
shall die without executing a deed of conveyance to the purchaser, the
court out of which the execution issued under which the lands were
sold may, on the application of the purchaser or his legal representative
order and direct the sheriff for the time being, or some one of the coro-
ners (as the case may be), of the county or Baltimore city in which the

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1953   View pdf image (33K)
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