1908 SHERIFFS. [ART. 87

to which the same may be returnable, by mail, in a cover
sealed up and duly addressed; but the non-return of such
process by the time hereinbefore limited shall not be excused
by any evidence which such sheriff may offer to prove that such
writ or process was deposited in the postoffice to be so trans-
mitted, except the positive affidavit in writing of the said
sheriff himself, setting forth substantially the process so trans-
mitted, 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.

1888, art. 87, sec. 19. 1860, art. 88, sec. 22. 1817, ch. 139, sec. 7.

20. If the court before which said sheriff shall be brought
for contempt shall be satisfied of the facts contained in such
affidavit, arid 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 discharge the sheriff from the attachment on
payment of the costs arising from the proceedings had in con-
sequence 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 proceed-
ings; but nothing herein contained shall in any manner affect
the remedy given the party aggrieved, by the succeeding sec-
tion, for the neglect or delay of the sheriff in not making a due
return of said process.

Ibid. sec. 20. 1860, art. 88, sec. 23. 1815, ch. 149, sec. 1.

21. 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 or the cir-
cuit court No. 2 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.