554

SHERIFFS. [ART. 61.

davit of the truth of the demand, and if the State shall be plaintiff
in its own right, then a statement of the comptroller, in his own
handwriting, shall be evidence of the amount due the State; but no
execution shall issue on such judgment until twelve months after
said third day of the term.

ELISORS.

Art 75, s 111
1794, c 54, s 5,
1843, c 271
Elisor, when
appointed

23. When the sheriff is a party to or interested in any suit or
proceeding in any court, so as to be disqualified from serving pro-
cess, and there is no coroner duty qualified to serve such process, the
judge of the court in which such suit or proceeding is to be instituted,
or is pending, shall, on application of any party interested, supported
by affidavit, or other proof of such disqualification, appoint an eli-
sor to serve any process in such suit or proceeding, which appoint-
ment shall be in writing, signed by the judge, and filed with the
clerk issuing the process, and may be made either in court or during
the recess.

Id s. 112
1843, r. 271.
Power of elisor

24. Every elisor appointed as aforesaid, shall have the same
power to serve any writ or process directed to him as the sheriff
has to serve similar process, and shall be entitled to the same fees
therefor.

Id s 113
1794, c 64, s 6.
Vacancy, how
filled.

25. If any elisor dies, or refuses to act, the judge may appoint
another in his place.

PROCEEDINGS ON DEATH, RESIGNATION, OR REMOVAL OF SHERIFF.

Art. 88, s 24
1842, c 272, B 2
Dying with pro-
cess unex-
ecuted, executor
to return.

26. If any sheriff shall die either before or after the expiration
of his term of service, having in his hands any writ or process, ex-
ecuted or unexecuted, or in part executed, his executor shall forth-
with return the same to the clerk or register of the court out of
which it issued, together with all papers (if any) showing the pro-
ceedings of such sheriff in virtue thereof.

Id s 25
1840, c 216,
1842 c 272, g 2.
Clerk or register
to issue process
on such return.

27. On application by the person for whose use such process may
have issued, the clerk or register shall issue such process as he might
have issued if the return had been made by the deceased sheriff;
and the same may be issued before or after the return-day named in
the process in the hands of such deceased sheriff; or, if the execu-
tor shall neglect or refuse to make the return, as aforesaid, the plain-

Duplicate writ.

tiff may issue a duplicate or new writ, as provided in the following
section.

Id s 26
1813, c 102, s 6,
1823, c. 180,
1840, c 216, 8 3,
1845, c 123, s 1.
Removal of
sheriff without
making return

2 8. If any sheriff hath taken into possession any goods or chat-
tels, lands or tenements, by virtue of any writ of execution, and
shall remove out of the county or city wherein he acted as sheriff,
before the return-day of such execution, or without having made any
return thereof, the plaintiff, or his representative, before the return-

Duplicate writ.

day, may obtain a duplicate of such writ of execution, or after the
return-day, a new writ of execution, directed to the sheriff or some
coroner of the county or city, for the time being, as the case may
require, under which duplicate, or new writ of execution, such