3142 ARTICLE 83

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1813, ch. 102, sec. 7.
1816, ch. 129. 1831, ch. 290, sec. 1. 1833, ch. 92.

3. The legal notice required to be given by any sheriff, coroner or
elisor of the sale of any goods or chattels, under any execution, shall be
by advertisement set up at least ten days before the sale at the court-
house door of the county or city and at least two other public places most
convenient to such goods and chattels; and in case of lands or tenements,
notice of the sale shall be given by advertisement set up at least twenty
days before the day of sale at the court-house door of the county or city
and also published for the same period of time previous to the day of sale
in one newspaper, if any, published in said county or city. Notice of a
constable's sale of goods and chattels under any execution shall be given
by advertisement set up at least ten days before the sale at two public
places at least most convenient to such goods and chattels.

The provision of this section with reference to a notice of ten days, as well as
supposed requirement that sale shall be made within county where the goods are
located when seized, have no application to perishable goods. In such case sheriff
should apply to court for authority to make immediate sale at the most advantageous
place. Arnold v. Fowler, 94 Md. 509.

As to a sufficient compliance with notice required by act of 1816, ch. 129, and also
as to place where sale should be made, see Nesbitt v. Dallam, 7 G. & J. 510. See also
White v. Malcolm, 15 Md. 543; Moreland v. Bowling, 3 Gill, 503; Hanson v. Barnes,
3 G. & J. 368.

For cases apparently now inapplicable to this section by reason of changes in law,
see Koechlept v. Hook, 10 Md. 178; Candler v. Fisher, 11 Md. 337.

An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1828, ch. 187.

4. If the editor of a newspaper in any county shall refuse or neglect
to publish, on application to him by the sheriff, coroner, elisor or other
officer, the notice required to be given by such officer for the sale of lands
or tenements, the same may be given by advertisement set up at least
twenty days before the sale at the court-house door, and other public places
of the county in which such property may be; and the said officer shall
annex to his return of the writ under which said sale shall be made a
statement on oath of the refusal of said editor to publish said notice in his
newspaper; and the demand of an exorbitant price by an editor shall be
deemed a refusal.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1847, ch. 334.

5. Any sheriff or other officer who shall, by virtue of any legal process,
give notice by publication in any newspaper of the sale of any lands or
tenements, as required by law, may recover the costs of such publication
from the defendant in such process as other legal costs, and if the defen-
dant be unable to pay the same, the sheriff or other officer, after having
paid the same, may recover the amount so paid from the plaintiff as other
debts are collected.

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1826, ch. 178.

6. Whenever any judge, justice, commissioner or auditor shall be re-
quired by law to direct the publication of any notice or other advertise-
ment in one or more newspapers, he shall direct the place or places in
which such notice or advertisement shall be published, the number of
papers in which it shall be inserted and the number of insertions in each
paper, but shall not name such paper in the order of publication, but
leave to the party at whose expense such notice or advertisement is to be