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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2697   View pdf image (33K)
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SALES AND NOTICES. 2697

or tenements, as required by law, may recover the costs of such publication
from the defendant in such process as other legal costs, and if the defen-
dant be unable to pay the same, the sheriff or other officer, after having
paid the same, may recover the amount so paid from the plaintiff as other
debts are collected.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1826, ch. 178.

6. Whenever any judge, justice, commissioner or auditor shall be re-
quired by law to direct the publication of any notice or other advertise-
ment in one or more newspapers, he shall direct the place or places in
which such notice or advertisement shall be published, the number of
papers in which it shall be inserted and the number of insertions in each
paper, but shall not name such paper in the order of publication, but
leave to the party at whose expense such notice or advertisement is to be
published to select the paper and contract for the cost of publication; but
when such publication shall be ordered to be made in the city of Balti-
more, it shall be published in one or more of the daily newspapers pub-
lished in said city.

An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1834, ch. 309, sec. 2.

7. In every case in which notice by publication in a newspaper is re-
quired to be made by any sheriff, coroner, elisor, or other officer, the de-
fendant shall have the right to select the newspaper in which such notice
shall be published and upon his refusal or neglect so to do, the officer shall
make publication in the newspaper making the lowest charge for the
advertisement.

Exemption from Execution.

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1861, ch. 7, sec. 1. 1904, ch. 381.

8. One hundred dollars in property, whether the same consists of
money, land or goods, of every defendant, as well as all money payable
in the nature of insurance, benefit or relief in the contingency or event of
sickness, accident, hurt or death of any person, shall be exempt from execu-
tion or seizure in satisfaction of debt or claim upon any judgment in any
civil proceedings, except on judgments for breach of promise to marry or
for seduction.

This section must be construed in connection with, and as limited by, art. 3, sec.
44, of Md. Constitution. Exemption limited to $500. In re Jones, 249 Fed. (D. Ct.
Md.) 487.

Property only shall be exempt, and debtor has no right to demand an equivalent
in money. The debtor may waive his exemption and in order to have benefit of it
he must actively interpose. The sheriff is under no obligation to notify debtor
(in absence of fraud). Young v. Bouldin, 57 Md. 317. See also Muhr v. Pinover,
67 Md. 489; Fowler v. Gray, 99 Md. 598. (As to waiver, see also sec. 14.)

Where execution is levied on a defendant's equity of redemption in two tracts of
land, and before the sale the defendant notifies sheriff the he claims his exemption,
and no appraisers were summoned, defendant is entitled to $100 of proceeds of sale,
and sheriff's bond is liable therefor. Fowler v. Gray, 99 Md. 598.

This section should be liberally construed. Where a debtor has made a deed for
benefit of his creditors, he is entitled to his exemption; also, when debtor becomes
an insolvent. Muhr v. Pinover, 67 Md. 487; Fowler v. Gray, 99 Md. 599; Darby v.
Rouse, 75 Md. 28.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2697   View pdf image (33K)
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