ART. 61. ] SHERIFFS. 551
SERVING PROCESS, WHEN RESISTED.
11. In all cases of civil processes at law or in equity, or of any
civil writ whatsoever, hereafter to be issued out of any court, or by
any judge of this State, and directed to or against, or lawfully to be
served upon any person whatsoever, wherein the service of such writ
or process upon such person then being within the local jurisdiction
of such court or judge, shall be prevented, or resisted by threats,
violence, intimidation, or superior force on the part or behalf of such
person; or the said person so liable to be served with such writ or
process shall be within any fortress, or fortified place or building, or
at any military post within said jurisdiction, and entrance thereto,
or access therein to such person, shall be by order or on the behalf
of such person refused, obstructed, or prevented, so that the officer
charged with the service of such writ or process shall be unable to
serve the same, or cannot do so without force, or personal risk, the
said officer shall leave a copy of such writ or process, if practicable
or permitted, with such person or persons as shall present them-
selves, where such writ or process is sought to be served, and where
or whereabout the person on whom the same is sought to be served
shall be, or shall set up such copy upon the fortress, building, or
premises aforesaid, or as near thereto as may be practicable; and
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1861, c 60
Process, how
served when
resisted
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shall make return of the facts accordingly; which return shall to all
legal intents, purposes, and effect, be equivalent to a return of
actual personal service of such writ or process, upon the party named
therein.
PROCESS FROM ANOTHER COUNTY.
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Return.
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12. The sheriff shall serve and return all writs and process which
may be sent from another county or city and delivered to him, to
the court to which the same is returnable, on or before the second
day of the session of such court; and, if he neglect or fail to do so,
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Art 88, 8 19
1817, c 139, s 6.
Service and
return of pro-
cess from other
counties
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it shall be considered a contempt of the court; and such sheriff, for
such contempt, shall forfeit and pay a fine not exceeding fifty dol-
lars.
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Penalty for
neglect.
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13, The court imposing the fine for the contempt mentioned in
the last preceding section shall certify the same to the Circuit Court
of the county where the sheriff resides; or if he resides in the city
of Baltimore, to the Superior Court of Baltimore City; and, upon
the receipt of such certificate by the court to which it may be sent,
the said court shall forthwith compel the payment of the same in the
same manner as if the fine had been imposed by such court.
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Id s 20.
1817, c 139, s 6.
Payment of
fines, how
enforced
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14. The sheriff may return any writ or other process sent from
another county or 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 lim-
ited, shall not be excused by any evidence which such sheriff may
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Id s 21
1817, c 139, s 7
How to return
process from
other counties
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offer, to prove that such writ or process was deposited in the post-
. office to be so transmitted, except the positive affidavit in writing
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What deemed
proof of return.
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