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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2739   View pdf image (33K)
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SHERIFFS. 2739

An. Code, sec. 13. 1904, sec. 13. 1888, sec. 13. 1794, ch. 54, sec. 4.

13. The court, on motion, shall order a sheriff to make return of any
original writ or writ of execution, unless such sheriff shall satisfy the
court by his oath or otherwise that the said writ was not received by him
or, to his knowledge, by any of his deputies.

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 14. 1794, ch. 54, sec. 3.

14. If a sheriff shall pay to the plaintiff any judgment rendered against
him as aforesaid, he shall thereupon be entitled to the original cause of
action or the judgment as fully as the plaintiff was and may issue any
execution in his own name, or in the name of the plaintiff, on such judg-
ment for his own use; or prosecute such action to judgment and execu-
tion for his own use, and shall be entitled to every other benefit and ad-
vantage from such judgment or cause of action and suit thereon depend-
ing that the original plaintiff might have had thereon.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 15. 1868, ch. 203.

15. If any sheriff shall make return to the court of any fieri facias,
attachment, or venditioni exponas that he has seized the property of the
defendant which remains unsold, or that the property heretofore levied
upon remains in his hands unsold for want of buyers, or that the defen-
dant has satisfied the plaintiff or his attorney the debt or claim or any
part thereof mentioned in the said process, the said, plaintiff or his at-
torney may apply to the said court for a rule on the said sheriff or late
sheriff, as the case may be, to bring the said money into court or before
a judge thereof on a day to be named in the said rule, or show good
cause to the contrary; and upon the failure of the said sheriff or late
sheriff to bring into court, or before the said judge at the time men-
tioned 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 preju-
dice the plaintiff's right to proceed by suit against the bond of the sheriff.

An. Code, sec. 16. 1904, sec. 16. 1894, ch. 61, sec. 15A.

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 sheriff's
returns, or may reject all returns and remand the same to the sheriff for

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2739   View pdf image (33K)
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