ART. 61. ] SHERIFFS.

execution, which judgment shall have the same effect as a judgment
rendered on verdict.

553

19. The court, on motion, shall order a sheriff to make return
of any original writ, or writ of execution, unless such sheriff shall
satisfy the court, by his oath or otherwise, that the said writ was
not received by him, or to his knowledge by any of his deputies.
20. If a sheriff shall pay to the plaintiff any judgment rendered
against him as aforesaid, he shall thereupon be entitled to the origi-
nal cause of action, or the judgment, as fully as the plaintiff was;
and may issue any execution in his own name, or in the name of the
plaintiff, on such judgment for his own use, or prosecute such action
to judgment and execution for his own use: and shall be entitled to

Id s 17.
1794, c 54, s 4
When court to
order return of
process
1 H & J 453,
4 H & J 664

Id s 18
1794, c 54, s 3.
On payment of
judgment to be
entitled to orig-
inal judgment.

every other benefit and advantage from such judgment or cause of
action, and suit thereon depending, that the original plaintiff might
have had thereon.

Same remedies
as plaintiff.

21. If any sheriff shall make a return to the court of any fieri
facias, attachments, venditioni exponas, that he has seized the prop-
erty 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 attor-
ney, the debt or claim, or any part thereof, mentioned in the said
process, the said plaintiff, or his attorney, may apply to the said

1868, c 203
Returns
2 Md 19, 2 H
& Me U 401.

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 time men-
tioned 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 as-
certained by the plaintiff or attorney, or such other proof as the
judge may require, the said court, or judge in the recess, may cause

Rule on sheriff

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 super-

Judgment
against sheriff

sede 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 process, and that his said return of process is false and un-

Proviso

true; and the remedy under this section shall not prejudice the
plaintiff's right to proceed against the bond of the sheriff by suit.

Suit on sheriff's
bond.

22. In all cases where there is no coroner in a county, the plain-
tiff may file his declaration against the sheriff and his securities,
or against the person who is for the time the sheriff, when the suit
is against him on his individual account, and have a copy thereof
set up at the court-house door at least ten days before the sitting of
the court in which the suit is brought, and if no appearance by the
defendant before the first three days of the term, judgment shall be
entered up against them; provided, that the plaintiff shall make affi-

Art 75, s 110
1841, c 109
Where there is
no coroner,
how sheriff
sued