1286 SHERIFFS—PROCESS AND RETURN. [ART. 87.

said judge, the amount of the debt, damages, interest and costs to
be ascertained by the plaintiff or attorney, or such other proof aa
the judge may require, the said court or judge in the recess may
cause judgment to be entered by the clerk against the said sheriff,
for the plaintiff's claim, interest and costs in favor of the plain-
tiff without stay or execution, and without the right of the defen-
dant to supersede 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 untrue, and that the remedy under this,
section shall not prejudice the plaintiff's right to proceed by suit
against the bond of the sheriff.

P. G. L., (1860,) art. 88, sec. 19. 1817, ch. 193, sec. 6.

16. The sheriff shall serve and return all writs and process
which may be sent from another county or Baltimore 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, it shall be considered a contempt of
the court, and such sheriff, for such contempt, shall forfeit and
pay a fine not exceeding fifty dollars.

Ibid. sec. 20. 1817, ch. 139, sec. 6.

17. The court imposing the fine for the contempt mentioned
in the preceding section shall certify the same to the circuit
court for 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.

Ibid. sec. 21. 1817, ch. 139, sec. 7.

18. The sheriff may return any writ or other process sent from
another county or Baitimore 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 herein-
before limited shall not be excused by any evidence which such
sheriff may offer, to prove that such writ or process was deposited.