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Session Laws, 1840
Volume 592, Page 185   View pdf image
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1840.

LAWS OF MARYLAND.

CHAP. 216.

have, demand and receive one half of the poundage and
other fees, for any arrest, seizure or levy that has been
made, or shall be made under any process, that may be de-
livered to the new sheriff or coroner as aforesaid, by the
executor or administrator of said deceased officer; and it
shall be the duty of the officer to whom such process may
be delivered, to collect, receive arid pay over to the said
executor or administrator the half of said poundage and
other fees.

If any writ be
not delivered to
new sheriff.

SEC. 2. And be it enacted, That in case any writ or
to process of any description has been or shall be issued to
any sheriff, coroner or elisor, who has died, or may die du-
ring his term of service, arid the same shall not be deliver-
ed to the new sheriff or coroner, by the executor or admin-
istrator of the officer so dying within the time limited by
the preceding section, it shall be lawful for the plaintiff,
his attorney or agent, to cause to be issued a duplicate
writ in any such case, to be delivered to, and executed by
the new sheriff, or some one of the coroners of the county.

5th & 6th sects.
of original act
explained.


SEC. 3. And whereas, doubts may be entertained as to
the meaning of the fifth and sixth sections of the act to
which this is a supplement; therefore, for the purpose of
declaring the same, be it enacted, that by the true construc-
tion of said sections, the executor or administrator of the
deceased sheriff or other officer, is entitled to charge, exact
and receive one-half of the poundage fees, in the cases men-
tioned, and provided for in the said section; and it shall be
the duty of the new sheriff or coroner to collect, receive
and pay over to such executor or administrator the half of
said poundage fees.

Executor, &c. to
complete col-
lections.

SEC. 4. And be it enacted, That the executor or admin-
istrator of any sheriff, coroner or elisor, who has died, or
may hereafter die during his term of service, and the de-
puties of such officer, acting under the directors of his ex-
ecutors or administrator, and such deputies as he may ap-
point, shall have power to complete the collection of all
fees placed in his hands for collection or due him in his own
right as sheriff, coroner or elisor, in the same manner as if
said officer had not died.

Plaintiff may is-
sue duplicate of
process, &c.

SEC. 5. And be it enacted, That it shall and may be

lawful for any plaintiff, in the case after death of any she-
riff, before the return day of any mesne process which
shall have issued to said sheriff, to issue a duplicate of such
process, to be directed to the said sheriff or coroner, as
the case may be.



 
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Session Laws, 1840
Volume 592, Page 185   View pdf image
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