2740 ARTICLE 87.
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.
An. Code, sec. 17. 1904, sec. 17. 1888, sec. 16. 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. 171, et seq.
An. Code, sec. 18. 1904, sec. 18. 1888, sec. 17. 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 Baltimore, 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 im-
posed by such court.
An. Code, sec. 19. 1904, sec. 19. 1888, sec. 18. 1817, ch. 139, sec. 7.
19. The sheriff may return any writ or other process sent from an-
other county or Baltimore city to the clerk of the court to which the same
may be returnable, by mail, in a cover sealed up and duly addressed; but
the non-return of such process by the time hereinbefore limited shall not
be excused by any evidence which such sheriff may offer to prove that
such writ or process was deposited in the postoffice to be so transmitted,
except the positive affidavit in writing of the said sheriff himself, setting
forth substantially the process so transmitted, the return endorsed thereon,
the manner in which the same was covered and addressed, and the actual
time when the same was deposited in the postoffice.
An. Code, sec. 20. 1904, sec. 20. 1888, sec. 19. 1817, ch. 139, sec. 7.
20. If the court before which said sheriff shall be brought for con-
tempt shall be satisfied of the facts contained in such affidavit, and that
such process was deposited in the proper postoffice in due time to be trans-
mitted to the court to which the same was returnable, the said court may
remit the fine aforesaid and discharge the sheriff from the attachment
on payment of the costs arising from the proceedings had in consequence
of the non-return of the writ or process; and the court shall direct the
affidavit to be filed and their judgment in relation thereto to be entered
on the record of their proceedings; but nothing herein contained shall in
any manner affect the remedy given the party aggrieved, by the succeed-
ing section, for the neglect or delay of the sheriff in not making a due re-
turn of said process.
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