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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1288   View pdf image
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1288 SHERIFFS—DEATH, RESIGNATION, REMOVAL. [ART. 87.

executed or unexecuted, or in part executed, his executor shall
forthwith return the same to the clerk or register of the court out
of which it issued, together with all papers (if any) showing the
proceedings of such sheriff in virtue thereof.

P. G L., (1860,) art 88, sec 25. 1840, ch 216. 1842, ch. 272, sec. 2.

22. 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 de-
ceased 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 executor shall neglect or refuse to make the
return as aforesaid, the plaintiff may issue a duplicate or new
writ, as provided in the following section.

Ibid, sec 26. 1813, ch 102, sec. 6 1833, ch 180. 1840, ch. 216, sec. 3.
1845, ch. 123, sec. 1.

23. If any sheriff shall take into possession any goods or chattels,
lands or tenements, by virtue of any writ of execution, and shall re-
move out of the county or Baltimore 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 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 sheriff or coroner may seize and take into his
possession, the goods or chattels, lands or tenements, seized and
taken by the sheriff who shall have so removed, and sell the same
as in other executions, and shall be entitled to the whole pound-
age fees, to the exclusion of the sheriff so removing.

Ibid. sec. 27. 1829, ch. 39.

24. If any sheriff shall take any goods, chattels, lands or tene-
ments, in virtue of any execution, and shall die, resign or remove
from the county or Baltimore city before the same are sold, and the
goods, chattels, lands or tenements shall be insufficiently or infor-
mally described in the schedule returned by such sheriff, the court
from which such execution issued, or the judge thereof during the

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1288   View pdf image
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