2738 ARTICLE 87.

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1780, ch. 10, sec. 2.

8. Such bail-bond shall be taken in the name of the State and shall
be returned to the court to which such writ is returnable on the first day
thereof.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1793, ch. 60, sec. 1.

9. When a sheriff 'shall return any person arrested upon criminal proc-
ess, either mesne or final, and shall fail to bring such person into court
and shall be amerced, the court may, in the name of the State for the use
of the State, or such person as may be interested, on motion of the state's
attorney, direct judgment to be entered against such sheriff for the sum
for which he shall have been amerced, or for the fine, penalty or forfeiture
and costs for which judgment may have been entered against the person so
arrested, which judgment shall have the same effect as if rendered on
verdict.

For a case involving act of 1768, 'ch. 10, sec. 1, see State v. Lawson, 2 Gill, 73.

See secs. 11 and 12, and notes to the latter.

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1793, ch. 60, sec. 2.

10. The court in imposing such amercements shall govern themselves
by such principles as under all circumstances shall appear to them to be
reasonable, taking care to keep the State and county or city of Baltimore
indemnified from all costs and charges.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1794, ch. 54, sec. 2.

11. If any sheriff shall fail to return an original writ within the time
limited by rule of court for that purpose, the court, on motion, shall amerce
the sheriff to the amount of the debt or damages and costs due from the
defendant, to be ascertained by the oath of the plaintiff, his agent or
attorney, and such other proof as the court may require, and shall enter
judgment nisi the second day of the next term thereafter for the amount
of the amercement aforesaid, in the name of the plaintiff, against such
sheriff; which judgment shall have the same effect as if rendered upon
verdict.

See notes to sec. 12.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1794, ch. 54, sec. 1.

12. If any sheriff shall fail to make return of a writ of execution
within the time limited by rule of court for that purpose, the court may
cause judgment to be entered in the name of the plaintiff against such
sheriff for the amount of the judgment recited in such execution, which
judgment shall have the same effect as a judgment rendered on verdict:

A judgment by default under this section is equally as valid as a judgment on
verdict. The fact that debtor (against whom the sheriff fails to make return on
execution) has secured an injunction against creditor from proceeding on his judg-
ment does not per se entitle sheriff to same relief as to judgment against him under
this section. When judgment against sheriff will be arrested. Fowler v. Lee, 10 G.
& J. 360.

Unless there is an affidavit that execution has been delivered to sheriff, or that
a copy of rule on sheriff to return it has been served upon him, court cannot enter
judgment against sheriff. Cadwallader v. Ringgold, 4 H. & J. 564.
See art. 83, sec. 1, et seq.