ART. 87.] SHERIFFS—PROCESS AND RETURN. 1287
in the postoffice to be so transmitted, except the positive affidavit
in writing of the said sheriff himself, setting forth substantially
the process so transmitted, the return endorsed thereon, the manner
in which the same was covered and addressed, and the actual time
when the same was deposited in the postoffice.
P. G. L., (1860,) art. 88, sec 22. 1817, ch. 139, sec. 7.
19. 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 postoffice in
due time, to be transmitted to the court to which the same was
returnable, the said court may remit the fine aforesaid and dis-
charge 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 aggrieved,
by the succeeding section, for the neglect or delay of the sheriff
in not making a due return of said process.
Ibid. sec. 23. 1815, ch. 149, sec. 1.
20. When any process shall be issued from any circuit court
for a county, or the court of common pleas, or the superior court
of Baltimore city, or the circuit court of Baltimore city, or the
Baltimore city court, 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 process 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
judgment 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 entered may sue out execution thereon.
Death, Resignation or Removal from the County or City.
P. G. L., (1860,) art. 88, sec. 24 1842, ch. 272, sec. 2.
21. If any sheriff shall die, either before or after the expiration
or his term of service, having in his hands any writ or process,
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