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SHERIFFS. [ART. 88.
ARTICLE LXXXVIII.

Sheriffs.

SERVING PROCESS.
1. Returns : rule on sheriff: judgment against him : proviso.

SERVING PROCESS.

1868, c. 203 adds the following section to this article:

1868, c. 203
Returns.

SEC. 1. If any sheriff shall make return to the court
of any fieri facias, attachments, venditioni exponias,
that he has seized the property of the defendant which
remains unsold, or that the property heretofore levied
upon remains in his hands unsold for want of buyers,
or that the defendant has satisfied the plaintiff or his
attorney, the debt or claim or any part thereof men-
tioned in the said process, the said plaintiff or his attor-

Rule on sheriff

ney may apply to the said court for a rule on the said
sheriff or late sheriff as the case may be, to bring the
said money into court or before a judge thereof on a
day to be named in the said rule, or show good cause
to the contrary, and upon the failure of the said sheriff
or late sheriff to bring said money into court, or before
the said judge at the time mentioned in the said rule
or any other day to be named by the said judge the
amount of the debt, damages, interest and costs to be
ascertained by the plaintiff or attorney, or such other
proof as the judge may require, the said court or judge

Judgment
against sheriff.

in the recess may cause judgment to be entered by the
clerk against the said sheriff for the plaintiff's claim,
interest and costs in favor of the plaintiff without stay
of execution, and without the right of the defendant to

Proviso.

supercede or appeal from the same; provided, that the
said court or judge thereof shall be satisfied that the
said sheriff has received the said debt, interest and costs
or any part thereof from the defendant in the said pro-