3184 ARTICLE 87

Where a creditor issues execution and sheriff collects the money, but surety of
debtor in ignorance of fact that sheriff has collected it pays creditor, this operates
as an equitable assignment to surety of creditor's claim against sheriff. Merryman v.
State, 5 H. & J. 426.

As to whether a judgment against principal is admissible in evidence in a suit
against surety, see Beall v. Beck, 3 H. & McH. 242, and note (a).

For a rejoinder, in a suit on a sheriff's bond for returning a writ of attachment so
negligently that it was quashed, held bad, see Proprietary v. Wright, 1 H. & McH. 49.

For cases apparently now inapplicable to this section by reason of changes in the
law, see State v. Baden, 11 Md. 317; State v. Lawson, 2 Gill, 62.

Cited but not construed in Ringgold's Case, 1 Bl. 25.

See art. 20, sec. 2, and notes.

An. Code, 1924, see. 3. 1912, see. 3. 1904, sec. 3. 1888, see: 3. 1794, ch. 54, sec. 8.

3. He shall give such bond in each year of his sheriffalty before the
first day of January in each year; and the bond shall be recorded by the
clerk administering the oath of office.

A plea alleging that a bond was not executed within prescribed time as bond of
sheriff first returned to execute as duly elected is bad unless it further alleges that
bond was not legally executed and attested as bond of second so returned. State v.
Harrison, 9 G. & J. 18.

See notes to sec. 2.

An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1794, ch. 54, sec. 8.

1867, ch. 314.

4. If any sheriff in office prior to the first day of any January next
preceding shall fail to give and offer for record the bond required in the
preceding section within ninety days after the said first day of January,
it shall be the duty of the clerks of the circuit courts for the respective
counties or of the clerk of the superior court of Baltimore City, as the
case may be, to give notice forthwith of such failure to the governor of
the State, whose duty it shall be at once to require the attorney general to
institute the proper proceedings to vacate the office of said sheriff and upon
said vacation to appoint a successor until the next general election. If the
bond hereinbefore required be filed within ninety days after the first day
of January in any year, it shall, in addition to the provisions hereinbefore
required, be so conditioned as to make the obligors in such bond responsi-
ble also for all official acts of said sheriff committed or done by him from
the said first day of January up to the date of the filing of the said bond

as well as thereafter.

Cited but not construed in Ringgold's Case, 1 Bl. 25.
See notes to sec. 2.

Service of Process, Civil and Criminal, and Proceedings in Cases of
Failure to Make Due Return.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1785, ch. 72, sec. 23.
1794, ch. 54, sec. 1. 1798, ch. 101, sub-ch. 15, sec. 14. 1817, ch. 139, sec. 6.

5. All writs and process shall be directed to the sheriff, unless he is
disqualified, or except in cases where by law the writ or process may be
directed to another officer.

An execution should be directed to acting sheriff, although former sheriff has issued
and returned an attachment levied prior thereto on same judgment. Otherwise, the
execution will be quashed. Johnson v. Foran, 58 Md. 149.

As to process, see art. 75, sec. 153, et seq.

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1817, ch. 139, sec. 6.

6. He shall serve and return all writs and process directed to him ac-
cording to the command contained therein.