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Session Laws, 1973, Special Session
Volume 710, Page 348   View pdf image
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348                                             LAWS OF MARYLAND                                [Ch. 2

THE PROPERTY.

REVISOR'S NOTE: This section presently appears as
Art. 16, § 96. The section presently appears
to require the sheriff to return the seized
property immediately on the issuance of an
injunction, despite the fact that the
injunction may later be dissolved.

Because such a return of the property may be
detrimental to a plaintiff, a provision is
added granting discretion to the court as to
whether the sheriff must return the property
seized.

The only other changes made are in style.

SEC. 11-513. FORFEITURE OF RECOGNIZANCE TO APPEAR OR
TESTIFY.

(A)   IN GENERAL.

IF A RECOGNIZANCE TAKEN FOR THE APPEARANCE OF A
PERSON TO ANSWER OR TESTIFY IS FORFEITED, THE STATE'S
ATTORNEY MAY ORDER A WRIT OF EXECUTION TO BE ISSUED
FOR THE SUM DUE ON THE RECOGNIZANCE.

(B)   PLEAS TO EXECUTION.

IF A WRIT OF EXECUTION IS ISSUED AGAINST A PERSON
WHO FAILED TO ANSWER OR TESTIFY, ON THE RETURN OF THE
EXECUTION HE MAY FILE ANY PLEA TO THE EXECUTION WHICH
WOULD BE GOOD AND SUFFICIENT TO A SCIRE FACIAS IF A
SCIRE FACIAS HAD ISSUED ON THE RECOGNIZANCE.

(C)   DISCHARGE FROM FORFEITURE AND EXECUTION.

IF THE PLEA IS DETERMINED IN FAVOR OF THE PERSON
WHO FILED THE PLEA, HE SHALL BE DISCHARGED FROM THE
FORFEITURE. HOWEVER, HE MAY NOT BE DISCHARGED FROM
THE EXECUTION BEFORE A HEARING ON THE PLEA UNLESS HE:

(1)   PAYS OR SATISFIES THE EXECUTION;

(2)   GIVES A BOND PAYABLE TO THE STATE; OR

(3)   ENTERS INTO A RECOGNIZANCE IN COURT WITH
SECURITY IN DOUBLE AMOUNT OF THE FORFEITURE AND COSTS
DUE ON THE EXECUTION WITH CONDITION TO APPEAR AND
PLEAD IN DISCHARGE OF THE EXECUTION, AND ABIDE BY AND
FULFILL THE JUDGMENT ON THE RECOGNIZANCE.

 

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Session Laws, 1973, Special Session
Volume 710, Page 348   View pdf image
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