3188 ARTICLE 87

An. Code, 1924, sec. 19. 1912, sec. 19. 1904, sec. 19. 1888, sec. 18. 1817, ch. 139, sec. 7.

19. The sheriff may return any writ or other process sent from an-
other county or Baltimore City to the clerk of the court to which the same
may be returnable by mail, in a cover sealed up and duly addressed; but
the non-return of such process by the time hereinbefore limited shall not
be excused by any evidence which such sheriff may offer to prove that
such writ or process was deposited in the postoffice to be so transmitted,
except the positive affidavit in writing of the said sheriff himself, setting
forth substantially the process so transmitted, the return endorsed thereon,
the manner in which the same was covered and addressed, and the actual
time when the same was deposited in the postoffice.

An. Code, 1924, see. 20. 1912, sec. 20. 1904, sec. 20. 1888, sec. 19. 1817, ch. 139, sec. 7.

20. If the court before which said sheriff shall be brought for con-
tempt shall be satisfied of the facts contained in such affidavit, and that
such process was deposited in the proper postoffice in due time to be trans-
mitted to the court to which the same was returnable, the said court may
remit the fine aforesaid and discharge the sheriff from the attachment
on payment of the costs arising from the proceedings had in consequence
of the non-return of the writ or process; and the court shall direct the
affidavit to be filed and their judgment in relation thereto to be entered
on the record of their proceedings; but nothing herein contained shall in
any manner affect the remedy given the party aggrieved, by the succeed-
ing section, for the neglect or delay of the sheriff in not making a due re-
turn of said process.

An. Code, 1924, sec. 21. 1912, sec. 21. 1904, sec. 21. 1888, sec. 20. 1815, ch. 149, sec. 1.

21. When any process shall 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.

Cited in Evans v. Zouck, 172 Md. 17.

Death, Resignation or Removal from the Country or City.

An. Code, 1924, sec. 22. 1912, 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.