THOMAS KING CARROLL,
ESQ. GOVERNOR.
1829.
in execution, any goods or chattels, lands and tenements,
under
and by virtue of any writ of execution, sued out of any
court within this state, and hath returned, or shall return, such
writ to the court whence it issued, alleging thereon that the
goods or chattels, lands or tenements, so taken in execution,
remain in his possession or custody, unsold for the want of
buyers, or by reason of any impediment; and the said Sheriff
or coroner shall neglect or omit to make sale of said goods
or chattels, lands or tenements, within five years from the
time when he laid the original writ of execution on the same,
then, in any such case, the plaintiff or plaintiffs therein concerned,
may, at his, her, or their option, either renew the
said execution, and direct it to the said Sheriff or Coroner, or
the plaintiff or plaintiffs may have the same proceedings in
such suit as are authorised and directed by the laws of this
state, in cases where a Sheriff or Coroner removes out of the
county, for and within which he acted, without having effected
the sale of goods or chattels, lands or tenements, taken by
him in execution.
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CHAP. 158.
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Sec. 2. And be it enacted,
That in any case where the state
of Maryland is plaintiff, in which a Sheriff or Coroner may
have returned, or shall hereafter return, property, as taken
under an execution issued out of any court within this state,
and in his possession or custody, unsold for the want of buyers;
and the said Sheriff or Coroner shall, at any time thereafter
become insolvent, or shall wilfully neglect to make sale
of such property so taken in execution, it shall be the duty of
the attorney prosecuting for the state in that behalf, if he considers
it for the advantage of the state so to do, after the return
day of any writ of execution issued in such case, to issue
a new writ, directed to the Sheriff or some Coroner for the
time being, as the case may require; under which new writ,
such Sheriff or Coroner may proceed to seize and take into
his possession, the goods and chattels, lands and tenements, so
as aforesaid seized by the insolvent or neglecting Sheriff, and
there proceed to sell the same, in the same manner, and under
the same provisions and penalties as are prescribed in cases
where any Sheriff, Coroner, or Elisor, shall die before making
sale of property taken under execution, and remaining in his
hand unsold; Provided, that nothing herein contained shall
operate to effect the legal rights of any person whatsoever,
other than such insolvent or neglecting Sheriffs and Coroners.
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Where State is
plaintiff, and sheriff
neglects, &c.—
proceedings directed.
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