1794.

LAWS of MARYLAND.

CHAP.
LIV.

and fhall and may enter judgment, nifi the fecond day of the next term there-
after, for the amount of the amerciament aforefaid, in the name of the plaintiff
or plaintiffs, and for his or their ufe, againft fuch fheriff or coroner, which
judgment fhall be as valid and effectual as any judgment rendered upon any ver-
dict of a jury.

And fhall be
entitled to the
original caufe
of action, &c.

III. And be it enacted, That in all cafes where any fheriff or coroner fhall
pay and fatisfy to the plaintiff or plaintiffs any judgment rendered againft him in
virtue of this act as aforefaid, or any judgment rendered againft him for a default
upon any execution, fuch fheriff or coroner fhall thereupon immediately become
entitled to the original caufe of action, or judgment, as the cafe may be, as fully
as the plaintiff or plaintiffs themfelves was or were, and may iffue any execution
in his own name, or in the name of the original plaintiff or plaintiffs, upon fuch
judgment, for his own ufe, or profecute fuch action to judgment and execution
for his own ufe, and fhall be entitled to every other benefit and advantage from
fuch judgment, or caufe of action, and fuit thereon depending, that the original
plaintiff or plaintiffs might or could have had therefrom.

On motion,
court may
make an or-
der, &c.

IV. And be it enacted, That upon motion made to either of the faid courts
for an order upon the fheriff or coroner to make return of any writ of execu-
tion, or any original writ, as aforefaid, the faid court fhall and they are here-
by directed to make fuch order of courfe, unlefs fuch fheriff or coroner fhall,
upon oath or otherwife, fatisfy the faid court that the faid writ was not received
by him, or to the beft of his knowledge by any of his deputies.

Clerk may di-
rect a writ to
an elifor, &c.

V. And be it enacted, That the clerk of the general court, or of any county
court, on application for any original writ within the jurifdiction of fuch court,
or for any writ of execution on any judgment rendered in fuch court, fhall and
may direct the fame to an elifor, to be appointed by one judge or juftice of the
court, which appointment fhall be made by the judge or juftice in writing, and
filed with the clerk, before the iffuing of fuch writ, and no fuch appointment fhall
be made by any judge or juftice unlefs he fhall be fatisfied, by affidavit, that the
fheriff or coroner of the county cannot fafely be truftcd with the execution thereof.

Who fhall
have power,

&c.

VI. And be it enacted, That fuch elifor, in the execution of fuch procefs,
fhall have fuch power and authority as any fheriff might have lawfully exercifed
in fuch cafes, and fhall be entitled to the fame fees, and fubject to the fame
remedies, as in like cafes might be received by, or had again ft, any fheriff or
coroner; and if any elifor fhall refufe to execute fuch procefs, or fhall die, or
otherwife become incapable of executing the fame, it fhall and may be lawful,
upon application of the plaintiff, his or her agent or attorney, for fuch judge or
juftice to certify the fame to the clerk who iffued the faid writ, and to nominate
and appoint fome other elifor, to whom the faid clerk is hereby authorifed and
required to direct the fame writ, who fhall thereupon have all the powers and
authorities, and in all refpects ftand in the fame fituation, as if he had been
originally named in, and the faid writ had been originally directed to him.

Attachment
may be
awarded in
certain fuits,
&c.

VII. And be it enacted, That in cafe any perfon of full age, refiding out of
this ftate, is or fhall be entitled to any lands or tenements lying in this ftate by
hereditary defcent, or by devife, and the perfon from whom fuch lands defcended,
or by whom the fame were deviled, was in his lifetime indebted to any perfon or
perfons whatfoevcr, it fhall and may be lawful for the court in which any fuit
againft fuch heir or heirs at law, or devifee, may be inftituted, to award attach-
ment again ft the lands and tenements of fuch heir or heirs, devifee or devifees,
holden by defcent or devife from the perfon or perfons fo indebted, in the fame
manner as attachments are profecuted againft other perfons refiding out of the
ftate, any act of affembly to the contrary notwithftanding.

Sheriffs bonds
to be taken,
&c.

VIII. And be it enacted, That the fheriffs bonds fhall hereafter be taken on
fome day between the eighth day of October and the firft day of January in each
year, in the refpective county courts, or out of court before the chief juftice, or
two