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Session Laws, 1973, Special Session
Volume 710, Page 341   View pdf image
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MARVIN MANDEL, Governor

341

are directed is proposed for deletion as
unnecessary. Art. 26, § 153(c), applicable
to constables, and Rule 117(b), which applies
to elisors, provide that these officers have
the powers of a sheriff. The only other
changes made are in style.

SEC. 11-502.

NOTICE BY SHERIFF.

(A)   IN GENERAL.

A SHERIFF SHALL GIVE NOTICE OF THE TIME, PLACE,
AND TERM OF THE SALE OF ANY PROPERTY UNDER EXECUTION
BEFORE THE PROPERTY CAN BE SOLD.

(B)   SALE OF PROPERTY.

IN THE CASE OF A SALE OF AN INTEREST IN PROPERTY,
THE NOTICE SHALL BE POSTED ON THE COURTHOUSE DOOR AND
PRINTED IN A NEWSPAPER, PUBLISHED IN THE COUNTY WHERE
THE PROPERTY IS LOCATED AT LEAST:

(1) 10 DAYS BEFORE THE SALE OF PERSONAL
PROPERTY; OR

PROPERTY.

(2) 20 DAYS BEFORE THE SALE OF REAL

(C) DEFENDANT LIABLE FOR COST OF PUBLICATION.

IF THE SHERIFF GIVES NOTICE BY PUBLICATION IN A
NEWSPAPER, HE MAY RECOVER THE COSTS OF PUBLICATION
FROM THE DEFENDANT. IF THE DEPENDANT IS UNABLE TO PAY
THE COSTS, THE SHERIFF MAY RECOVER THE COSTS OF
PUBLICATION FROM THE PLAINTIFF.

REVISOR'S NOTE: This section is new language
derived from Art. 83, §§ 3 and 5. These
sections are combined because they deal with
the same subject matter, namely, notice
before a sheriff's sale.

Subsections (a) and (b) contain provisions
which presently appear in §3. The reference
to coroner is proposed for deletion because
coroners do not perform these duties.

The reference to elisor is proposed for
deletion as unnecessary. Rule 117 gives an
elisor the same power as the sheriff to
execute process, including attachment and

 

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Session Laws, 1973, Special Session
Volume 710, Page 341   View pdf image
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