ART. 87] PROCESS AND RETURN. 1907
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
port 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.
1894, ch. 61, sec.15A.
16. Any sheriff may make one or more returns of the pro-
ceeds of sale under any fieri facias, attachment or venditioni
exponas, where dispute is known to exist as to the distribution
of the proceeds of sale, to the circuit court for his county, or to
the court in Baltimore city out of which the process issued, and
the court may ratify one of the sheriff's returns, or may reject
all returns and remand the same to the sheriff for a further
return; provided, that any one aggrieved by the decision of
the court in ratifying any return may appeal to the court of
appeals as may now be done from any final decree or order in
the nature of a final decree from a court of equity.
1888, art. 87, sec. 16. 1860, art. 88, sec. 19. 1817, ch. 139, sec 6.
17. 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. 17. 1860, art. 88, sec. 20. 1817, ch. 139, sec. 6.
18. 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. 18. 1860, art. 88, sec. 21. 1817, ch. 139, sec. 7.
19. The sheriff may return any writ or other process sent
from another county or Baltimore city to the clerk of the court
|
|