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Revised Code of the Public General Laws, 1879
Volume 388, Page 727   View pdf image (33K)
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ART. 67.] RELIEF TO SURETIES OF SHERIFFS, ETC. 727

2, The courts and judges aforesaid may grant the relief and ex-
tension provided in the preceding section, in favor of sheriffs and
collectors, to the securities, executors, administrators, or trustees
of sheriffs and collectors, who may respectively succeed to their rights
and duties.

Art 29, s 47
1852, c 75, s 2
Such relief and
extension
granted to se-
curities, etc , of
sheriff and
collector.

3. The said courts and judges may in their discretion require the
party applying for such relief to serve notice on the comptroller and
county commissioners, or on either of them, according to the char-
acter of the taxes represented to be in arrears, previous to passing a
final order on such application.

Id s 48
1852, c 75, s 3
In the discre-
tion of courts
to require ser-
vice of notice on
the comptroller.

4. Nothing contained in the three last preceding sections shall
prevent or delay the enforcement by the comptroller, county com-
missioners, or others interested, of their rights and remedies.

Id s 49
1852, c 75, s 5
Not to prevent
or delay en-
for cement by
comptroller.

XIX.—RELIEF TO SURETIES OF SHERIFFS, DEPUTY
SHERIFFS AND COLLECTORS.

1 To relieve sureties of sheriff, deputy
sheriff, or collector of taxes , trustee
appointed.
2 Proceedings , injunction and receiver.

3. Delivery of books, etc , to such trustee or
receiver, collections.
4 Applicable to collectors of sucb officers.

1. In any case where the surety of a sheriff, deputy sheriff or col-
lector of taxes shall apply to a court of equity by bill or petition, the
court, on being satisfied that such surety has suffered, or is likely to
suffer loss or damage by reason of his suretyship, he may appoint a
trustee to complete his collections for the benefit of those concerned,

Art 16, 9 74
1831, c 282, as
1,2
To relieve sure-
ties of sheriffs,
deputy sheriffs,
or collectors of
taxes.

and the court shall compel such sheriff, deputy sheriff or collector,
or his representatives, to answer such bill or petition under oath,
and disclose the state of his collection.

Trustee ap-
pointed

2. If on the filing of a bill or petition under the preceding section,
or at any other period in the cause, it shall be made appear to the
court, by affidavit, that injunction is necessary to the security of the
complainant, the court may issue such injunction, and may appoint a
receiver to take charge of the collections of the defendant, and to
perform the duty of the trustee mentioned in the preceding section,

Id. s 75
1834, c 76, s 1
Proceedings.

till the further order of the court; and the court may confer on him
such powers, and pass such orders, as may be necessary to effect
the objects of such injunction and receivership.

Injunction and
receiver.

3. The court may order the delivery to the trustee or receiver
mentioned in the two preceding sections, by any person, of all books,
papers and vouchers of or concerning the claims, demands and debts
to be collected by such trustee or receiver, and may compel such
sheriff, deputy sheriff or collector, or his executors, to disclose, under
oath, all the books, papers and vouchers aforesaid, and where they are

Id s 76
1831, c 282, s 3.
1834, c 76, s 1
Delivery of
books, etc , to
such trustee or
receiver



 

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Revised Code of the Public General Laws, 1879
Volume 388, Page 727   View pdf image (33K)
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