552

SHERIFFS. [ART. 61.

of the said sheriff himself, setting forth substantially the process so
transmitted, the return indorsed thereon, the manner in which the
same was covered and addressed, and the actual time when the same
was deposited in the post-office.

Id s 22
1817, c 139, s 7
Remission of
fines.

15. If the court, before which said sheriff shall be brought for
contempt, shall be satisfied of the facts contained in such affidavit,
and that such process was deposited in the proper post-office in due
time, to be transmitted 'to the court to which the same was return-
able, 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 grieved by the next succeeding sec-
tion, for the neglect or delay of the sheriff in not making a due
return of said process.

Id s. 23.
1815, c 149, s 1.
Amercement of
sheriffs for
failure to return
process for use
of party
injured.

16. When any process shall be issued from any Circuit Court of
a county, or the Court of Common Pleas, or the Superior Court of
Baltimore City, or the Baltimore City Court, or the Circuit Court
of Baltimore City, 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 pro-
cess may be made returnable, such court may, on motion and on
proof of the delivery of such process to said sheriff, amerce said
sheriff in a sum not exceeding two hundred dollars, and enter judg-
ment 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 en-
tered may sue out execution thereon.

Id s 15
1794 c 54, s 2.
Amercement on
failure to return
original writ,

REMEDIES AGAINST SHERIFF.

17. If any sheriff shall fail to return an original writ within the
time limited by rule of the 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

Judgment
thereon

the court may require, and shall enter judgment nisi the second day
of the next term thereafter, for the amount of the amercement afore-
said, in the name of the plaintiff against such sheriff, which judg-
ment shall have the same effect as if rendered upon verdict.

Id s 16
1794, c 54, s 1
Judgment
against sheriff
for failure to
return execu-
tion
10 G &. T 368

18. 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