550

SHERIFFS. [ART. 61.

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
should be filed within the ninety days hereinbefore named, but sub-
sequent to the first day of January in any year, it shall, in addition

Condition in
bond filed after
1st January

to the provisions hereinbefore required, be so conditioned as to make
the obligors in such bond responsible 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.

Art 88, s 5
1797, c 87, s 2,
1818, c 275,
1852, c 172
Oath to be
taken before
acting as sheriff

5. Before acting as sheriff, he shall also, under the penalty of
fifty dollars, take the following oath: " I, A. B., do swear, that in
the summoning of jurors for any purpose, I will use my utmost dili-
gence to summon and return as jurors, sober, intelligent, and judi-
cious persons, of good reputation and character for honesty and
impartiality, to serve as jurors; and that I will not summon (or
permit any officer under me to summon), any juror, who in my judg-
ment will be influenced in determining any of the matters which
shall come before him as a juror, by hatred, malice, or ill will, fear,
favor, or affection, or by any partiality whatever, and that I will not
summon or return as a juror any person who, in my opinion, or to
my knowledge, may have solicited so to be returned on the panel of
jurors, or may have been recommended or requested to be returned

Before whom
taken

by another person. " The above oath shall be taken before the clerk,
and be by him recorded.

Id s 6.
1838, c 275, s. 1,
1839, c 25
Oath to be
taken on return
of jurors

6. On the return of jurors to each term of the court to which the
same may be returned, the sheriff shall take in open court an oath,
in the precise form of the oath prescribed in the preceding section,
except substituting the words " I have not summoned " for " I will
not. "

Id s 7.
1839, c 25
Before whom
oath may be
taken

7. The oath mentioned in the last preceding section may be made
by the sheriff before the clerk at the time he makes his return of
jurors, instead of making it in open court, in cases where the sheriff
cannot possibly attend the court by reason of sickness or other

Art 88, s 8
1785, c 72, s 23,
1794, c 54, s 1,
1798, c. 101,
sub-c 15, s 13,
1801, c. 62,
1817, c 139, s. 6
Write and pro-
cess to be di-
rected to sheriff

causes, and in no other cases.

SERVING PROCESS.

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

Id s 9
1817, c 139, s. 6
Service and
return
32 Md 297, 33

9. He shall serve and return all writs and processes directed to
him, according to the command contained therein.

Md 171, 37 Md 345, 39 Md 299.

Id c 10
1811, c 161, s 2
Second arrest
2 Gill 62.

10. He may re-arrest any person that he has before arrested on
a capias or attachment, and permitted to go at large; and such
second arrest shall be as available as if the party had been detained
under the first; provided, such second arrest be made before or
during the session of the court to which the writ is returnable.