2866 ARTICLE 75

and if no appearance by the defendant before the first three days of the
term be made, judgment shall be entered up against them; provided, that
the plaintiff shall make affidavit of the truth of the demand; and if the
State shall be plaintiff in its own right, then a statement of the comptroller
in his own handwriting shall be evidence of the amount due the State; but
no execution shall issue on such judgment until twelve months after said
third day of the term.

An. Code, 1924, sec. 178. 1912, sec. 168. 1904, sec. 162. 1888, sec. 150. 1794, ch. 54, sec. 5.

1843, ch. 271.

178. When the sheriff is a party to or interested in any suit or pro-
ceeding in any court so as to be disqualified from serving process, and
there is no coroner duly qualified to serve such process, the judge of the
court in which such suit or proceeding is to be instituted or is pending
shall, on application of any party interested, supported by affidavit or other
proof of such disqualification, appoint an elisor to serve any process in
such suit or proceeding, which appointment shall be in writing, signed by
the judge and filed with the clerk issuing the process, and may be made
either in court or during the recess.

The design of this section is that the judge should be satisfied of truth of allegation
that sheriff could not safely be trusted to serve process. The affidavit may be made
by a party to suit. Penn v. Isherwood, 5 Gill, 214.

An. Code, 1924, sec. 179. 1912, sec. 169. 1904, sec. 163. 1888, sec. 151. 1843, ch. 271.

179. Every elisor appointed as aforesaid shall have the same power
to serve any writ or process directed to him as the sheriff has to serve
similar process, and shall be entitled to the same fees therefor.

An. Code, 1924, sec. 180. 1912, sec. 170. 1904, sec. 164. 1888, sec. 152. 1794, ch. 54, sec. 6.

180. If any elisor dies or refuses to act, the judge may appoint another
in his place.

An. Code, 1924, see. 181. 1912, sec. 171. 1904, sec. 165. 1888, sec. 153. 1852, ch. 50.

1852, ch. 169. 1852, ch. 357.

181. The city of Baltimore shall be regarded as a county, so far as
relates to the sending of process of any kind from one county to another;
and each of its courts within its respective jurisdiction shall have all the
powers of the circuit court for a county in relation to such process, but
all executions or attachments on judgments or decrees sent from another
county shall be made returnable to the superior court of said city.

See sec. 171.
See art. 1, sec. 14.

An. Code, 1924, sec. 182. 1912, sec. 172. 1904, sec. 166. 1888, sec. 154. 1861, ch. 69.

182. In all cases of civil process at law or in equity, or of any civil
writ whatsoever, issued out of any court, or by any judge of this State,
and directed to or against, or lawfully to be served upon any person what-
soever, wherein the service of such writ or process upon such person then
being within the local jurisdiction of such court or judge, shall be pre-
vented or resisted by threats, violence, intimidation or superior force on
the part or behalf of such person; or when the said person so liable to be
served with such writ or process shall be within any fortress, or fortified
place or building, or at any military post within said jurisdiction, and