1700 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75
process, and there is no coroner duly 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 elisor to serve any process in such
suit or proceeding, which appointment 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.
1888, art. 73, sec. 151. 1860, art 75, sec. 112. 1843, ch. 271.
163. 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.
Ibid. sec. 152. 1860, art. 75, sec. 113. 1794, ch. 54, sec. 6.
164. If any elisor dies or refuses to act, the judge may
appoint another in his place.
Ibid. sec. 153. 1860, art. 75, sec. 114. 1852, ch.50. 1852, ch. 169.
1852, ch. 357.
165. The city of Baltimore shall be regarded as a county, so
far as relates to the sending of process of any kind from one
county to another; and each of its courts within its respective
jurisdiction shall have all the powers of the circuit court for a
county in relation to such process, but all executions or attach-
ments on judgments or decrees sent from another county shall
be made returnable to the superior court of said city.
Ibid. sec. 154. 1861, ch. 69.
166. In all cases of civil process at law or in equity, or of
any civil writ whatsoever, issued out of any court, or by any
judge of this State, and directed to or against, or lawfully to
be served upon any person whatsoever, wherein the service of
such writ or process upon such person then being within the
local jurisdiction of such court or judge, shall be prevented or
resisted by threats, violence, intimidation or superior force on
the part or behalf of such person; or when the said person so
liable to be served with such writ or process shall be within any
fortress, or fortified place or building, or at any military post
within said jurisdiction, and entrance thereto, or access therein
to such person shall be by order or on the behalf of such person
refused, obstructed or prevented, so that the officer charged
with the service of such writ or process shall be unable to
|
|