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The Maryland Code Public General Laws, 1904
Volume 393, Page 1905   View pdf image (33K)
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ART. 87] PROCESS AND RETURN. 1905

taken before a justice of the peace to be dealt with according to
law.

1888, art. 87, sec. 8. 1860, art. 88, sec. 12. 1780. ch 10, sec. 2.

8. Such bail-bond shall be taken in the name of the State
and shall be returned to the court to which such writ is return-
able on the first day thereof.

Ibid. sec. 9. 1860, art. 86, sec. 13 1793, ch. 60, sec. 1.

9. When a sheriff shall return any person arrested upon
criminal process, either mesne or final, and shall fail to bring
such person into court and shall be amerced, the court may, in
the name of the State for the use of the State, or such person
as may be interested, on motion of the State's attorney, direct
judgment to be entered against such sheriff for the sum for
which he shall have been amerced, or for the fine, penalty or
forfeiture and costs for which judgment may have been entered
against the person so arrested, which judgment shall have the
same effect as if rendered on verdict.

Ibid. sec. 10. 1860, art 88, sec 14. 1793, ch. 60, sec. 2.

10. The court in imposing such amercements shall govern
themselves by such principles as under all circumstances shall
appear to them to be reasonable, taking care to keep the State
and county or city of Baltimore indemnified from all costs and
charges.

Ibid. sec. 11. 1860, art. 88, sec. 15. 1794, ch. 54, sec. 2.

11. If any sheriff shall fail to return an original writ within
the time limited by rule of court for that purpose, the court,
on motion, shall amerce the sheriff to the amount of the debt
or damages and costs due from the defendant, to be ascertained
by the oath of the plaintiff, his agent or attorney, and such
other proof as the court may require, and shall enter judgment
nisi the second day of the next term thereafter for the amount
of the amercement aforesaid, in the name of the plaintiff,
against such sheriff; which judgment shall have the same effect
as if rendered upon verdict.

Cadwallader v. Ringgold, 4 H. & J. 564. Jessop v. Brown, 2 O. & J 404.
Fowler v. Lee, 10 G. & J. 358. Gardner v. Jenkins, 14 Md. 61. Boyd v. C.
& O Canal Co., 17 Md. 196.

Ibid. sec. 12. 1860, art. 88, sec. 16. 1794, ch. 54, sec. 1.

12. If any sheriff shall fail to make return of a writ of
execution within the time limited by rule of court for that pur-


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1905   View pdf image (33K)
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