ART. 87] DEATH—RESIGNATION—REMOVAL. 1909
Death, Resignation or Removal From the County or City.
1888, art. 87, sec. 21. 1860, art. 88, sec. 24. 1842, ch. 272, sec. 2.
22. H any sheriff shall die, either before or after the expi-
ration of his term of service, having in his hands any writ or
process, 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.
Ibid. sec. 22. 1860, art. 88, sec. 25. 1840, ch. 216. 1842, ch. 272, sec. 2.
23. On application by the person for whose use such pro-
cess may have issued, the clerk or register shall issue such
process as he might have issued if the return had been made
by the deceased 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. 23. 1860, art. 88, sec. 26. 1813, ch. 102, sec. 6. 1823, ch. 160.
1840, ch. 216, sec. 3. 1645, ch. 123, sec. 1.
24. If any sheriff shall take into possession any goods or
chattels, lands or tenements, by virtue of any writ of execution
and shall remove 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 coro-
ner 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 execu-
tions, and shall be entitled to the whole poundage fees to the
exclusion of the sheriff so removing.
Ibid. sec. 24. 1860, art. 88, sec. 27. 1829, ch. 39.
25. If any sheriff shall take any goods, chattels, lands or
tenements 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 informally described in the schedule returned
by such sheriff, the court from which such execution issued or
|
![clear space](../../../images/clear.gif) |