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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2741   View pdf image (33K)
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SHERIFFS. 2741

An. Code, sec. 21. 1904, sec. 21. 1888, sec. 20. 1815, ch. 149, sec. 1.

21. When any process stall be issued from any circuit court for a
county, or the court of common pleas, or the superior court of Baltimore
city, or the circuit court or the circuit court No. 2 of Baltimore city, or
the Baltimore city court, directed to the sheriff of another county or
the said city, and the sheriff to whom the same shall be directed shall
neglect to make due return thereof to the court to which such process may
be made returnable, such court may, on motion and on proof of the de-
livery of such process to said sheriff, amerce said sheriff in a sum not
exceeding two hundred dollars and enter judgment against him for the
amercement so imposed in the name of the State, but for the use of the
party aggrieved by the neglect of said sheriff; which judgment shall be
as valid as if rendered upon verdict and the party for whose use the same
shall have been entered may sue out execution thereon.

Death, Resignation or Removal From the County or City.

An. Code, sec. 22. 1904, sec. 22. 1888, sec. 21. 1842, ch. 272, sec. 2.

22. If any sheriff shall die, either before or after the expiration of
his term of service, having in his hands any writ or process, executed or
unexecuted, or in part executed, his executor shall forthwith return the
same to the clerk or register of the court out of which it issued, together
with all papers (if any) showing the proceedings of such sheriff in virtue
thereof.

An. Code, sec. 23. 1904, sec. 23. 1888, sec. 22. 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 bo 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.

An. Code, sec. 24. 1904, sec. 24. 1888, sec. 2'3. 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 ob-
tain 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 ex-
clusion of the sheriff so removing.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2741   View pdf image (33K)
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