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Dec. Ses. 1817
Sheriffs &c. to
make return
by mail.
Proviso.
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county court of the county wherein such sheriff, coroner, or other
officer, shall reside; and the justices of the same county court, to
whom the said transcript shall be transmitted, or any one or inure
of them, shall forthwith cause such sheriff, coroner, or other officer,
to appear before them, or otherwise to be brought before them by
process of attachment, and require him to pay the said fine, or
commit him to the prison of their county until the payment thereof,
and of the fees lawfully accruing by such proceeding; and such fine
shall he paid to the clerk of such court, and accounted for by him
to the treasurer of his respective shore, in like manner as other
sums of money received by him for the use of this state; and if the
officer so offending be the sheriff, he shall be committed to the.
coroner of the county, in whose custody he shall remain, without
bail or mainprize, until the payment of the fine and fees aforesaid.
7. And be it enacted, That it may be lawful for every such she-
riff, coroner, or other officer, to return any writ or other process,
so directed to him to be served, to the clerk of the court to which
the same is made returnable, by the mail, in a letter or cover seal-
ed up and duly addressed; but the non-return of such process, by
the time herein before limited, shall not be excused by any evidence
which such sheriff, coroner, or other officer, may offer, to prove
that such writ or process was deposited in the post office to be so
transmitted, except the positive affidavit, in writing, of such officer
himself, setting forth substantially the process so transmitted, the
return endorsed thereon, the manner in which the same was cover-
ed and addressed, and the actual time when the same was deposited
in the post-office; and if the justices of the court, before whom such
sheriff, coroner, or other officer, shall appear, or be brought by
process of attachment as aforesaid, shall be. satisfied of the tacts
contained in such affidavit, and that such process was deposited in
the proper post-office in due time, to be transmitted to the court,
to which the same was made returnable, then and in such case the
said justices may remit the fine aforesaid, and discharge such of
ficer from the attachment on the payment of the costs arising from
the proceedings had and made in consequence of the non-return of
the writ or process herein before mentioned; and the said justices
shall direct such affidavit to be filed, and their judgment in relation
thereto to be entered on the record of their proceedings; Provided
nevertheless, that nothing herein contained shall in any manner af-
fect the remedy given to the party grieved by the first section of
the. "act relative to the administration of justice," passed at De-
cember session eighteen hundred and fifteen, for the neglect or de-
lay of any such sheriff, coroner, or oilier officer, in not making a
due return of process directed and delivered to him as aforesaid.
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Passed Feb. 7
Divorce grant-
ed.
C. Henry's
right to pro-
perty annull-
ed.
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CHAPTER 140.
An act for the relief of Mary Henry of Frederick County
Sec. 1. Be it enacted by the General Assembly of Maryland, That
Mary Henry, of Frederick county, be and she is hereby divorced
from bed. board, and mutual cohabitation with her husband,
Charles Henry.
2. And be it enacted, That all the right and title which the said
Charles Henry, by virtue of his marriage with the said Mary
Henry, had acquired to any property to which she is or may be-
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