3186 ARTICLE 87

An. Code, 1924, sec. 10. 1912, sec, 10. 1904, sec. 10. 1888, see. 10. 1793, ch. 60, sec. 2.

10. The court in imposing such amercements shall govern themselves
by such principles as under all circumstances shall appear to them to be
reasonable, taking care to keep the State and county or city of Baltimore
indemnified from all costs and charges.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 11. 1794, ch. 54, sec. 2.

11. If any sheriff shall fail to return an original writ within the time
limited by rule of court for that purpose, the court, on motion, shall amerce
the sheriff to the amount of the debt or damages and costs due from the
defendant, to be ascertained by the oath of the plaintiff, his agent or
attorney, and such other proof as the court may require, and shall enter
judgment nisi the second day of the next term thereafter for the amount
of the amercement aforesaid, in the name of the plaintiff, against such
sheriff; which judgment shall have the same effect as if rendered upon
verdict.
See notes to sec. 12.

An. Code, 1924, sec. 12. 1912, sec. 12. 1904, sec. 12. 1888, sec. 12. 1794, ch. 54, sec. 1.

12. If any sheriff shall fail to make return of a writ of execution
within the time limited by rule of court for that purpose, the court may
cause judgment to be entered in the name of the plaintiff against such
sheriff for the amount of the judgment recited in such execution, which
judgment shall have the same effect as a judgment rendered on verdict.

A judgment by default under this section is equally as valid as a judgment on
verdict. The fact that debtor (against whom the sheriff fails to make return on
execution) has secured an injunction against creditor from proceeding on his judgment
does not per se entitle sheriff to same relief as to judgment against him under this
section. When judgment against sheriff will be arrested. Fowler v. Lee, 10 G. & J. 360.

Unless there is an affidavit that execution has been delivered to sheriff, or that a
copy of rule on sheriff to return it has been served upon him, court cannot enter
judgment against sheriff. Cadwallader v. Ringgold, 4 H. & J. 564.

See art. 83, sec. 1, et seq.

An. Code, 1924, sec. 13. 1912, sec. 13. 1904, sec. 13. 1888, sec. 13. 1794, ch. 54, sec. 4.

13. The court, on motion, shall order a sheriff to make return of any
original writ or writ of execution, unless such sheriff shall satisfy the
court by his oath or otherwise that the said writ was not received by him
or, to his knowledge, by any of his deputies.

An. Code, 1924, sec. 14. 1912, sec. 14. 1904, sec. 14. 1888, sec. 14. 1794, ch. 54, sec. 3.

14. If a sheriff shall pay to the plaintiff any judgment rendered against
him as aforesaid, he shall thereupon be entitled to the original cause of
action or the judgment as fully as the plaintiff was and may issue any
execution in his own name, or in the name of the plaintiff, on such judg-
ment for his own use; or prosecute such action to judgment and execu-
tion for his own use, and shall be entitled to every other benefit and ad-
vantage from such judgment or cause of action and suit thereon depend-
ing that the original plaintiff might have had thereon.

An. Code, 1924, sec. 15. 1912, sec. 15. 1904, sec. 15. 1888, sec. 15. 1868, ch. 203.

15. If any sheriff shall make return to the court of any fieri facias,
attachment, or venditioni exponas that he has seized the property of the
defendant which remains unsold, or that the property heretofore levied