MARVIN MANDEL, Governor                                      347

AMOUNT OF THE JUDGMENT DUE THE PLAINTIFF, THE COURT
MAY ENTER JUDGMENT AGAINST THE SHERIFF IN THE AMOUNT
OF THE CLAIM, IF THE COURT IS SATISFIED THAT THE
SHERIFF RECEIVED THE DEBT FROM THE DEFENDANT AND THAT
HIS RETURN IS FALSE.

(C) NO PREJUDICE TO PLAINTIFF'S REMEDY ON BOND.

A REMEDY GRANTEE UNDER THIS SECTION DOES NOT
PREJUDICE THE PLAINTIFF'S RIGHT TO PROCEED AGAINST THE
SHERIFF'S BOND.

REVISOR'S NOTE: This section is new language
derived from Art. 87, § 14. Sec. 14
presently provides that a sheriff has no stay
or right of appeal from an amercement under
this section. This provision is proposed for
deletion as being generally unfair and
possibly violative of due process.

SEC. 11-511. DISPUTE AS TO PROCEEDS.

(A)   INSTRUCTIONS FROM COURT.

IF A DISPUTE EXISTS AS TO THE DISTRIBUTION OF THE
PROCEEDS OF A SHERIFF'S SALE, THE SHERIFF MAY FILE ONE
OR MORE RETURNS.

(B)   RIGHT OF APPEAL.

THE COURT MAY RATIFY ONE OF THE RETURNS, OR MAY
DIRECT THE SHERIFF TO FILE FURTHER RETURNS.

(C)   EFFECT OF RATIFICATION.

THE RATIFICATION OF A RETURN UNDER THIS SECTION IS
A FINAL ORDER.

REVISOR'S NOTE: This section is new language
derived from Art. 87, §15. The provision
dealing with appeals from a ratification
under this section will appear in Title 12.

SEC. 11-512. INJUNCTION AGAINST SALE OF. PERSONAL
PROPERTY UNDER EXECUTION.

IF A SHERIFF IS PREVENTED BY AN INJUNCTION FROM
SELLING PERSONAL PROPERTY TAKEN IN EXECUTION, THE
COURT MAY ORDER THE RETURN OF THE PROPERTY TAKEN TO
THE PARTY FROM WHOM IT WAS TAKEN, AND THE SHERIFF IS
NOT ANSWERABLE TO THE PLAINTIFF FOR FAILURE TO SELL