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Session Laws, 1973, Special Session
Volume 710, Page 52   View pdf image
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52                                            LAWS OF MARYLAND                                [Ch. 2

program.

The time within which a return shall be
filed is left to the discretion of the
court as provided by Rule 102.

It should be noted that a sheriff has no
power to execute a writ of execution or
attachment beyond the borders of his own
county, (Rule 104 (a)) but must send the
writ to the sheriff of the county in which
the property is located for execution. See
also §2-302 of this article.

A sheriff may be required to serve process
for any court. For provisions authorizing
service of District Court papers, see
§2—605 of this article. For service of
appellate court papers, see §2—404 of this
article.

This subtitle contains only the
court—related functions of sheriffs and
does not deal with ancillary duties such as
law enforcement or keeping of prisoners.
These duties will appear with the
substantive law to which they apply,
principally the Public Safety or Local
Government Articles.

SEC. 2-302. EXECUTIONS AND ATTACHMENTS.

(A)   IN GENERAL.

A WRIT OF EXECUTION OR ATTACHMENT SHALL BE
DIRECTED TO THE SHERIFF OF THE COUNTY WHERE THE
PROPERTY IS LOCATED. HE SHALL EXECUTE THE WRIT AND
FILE HIS RETURN WITH THE COURT WHICH ISSUED THE WRIT.

(B)   LIMITATION.

A SHERIFF MAY SEIZE ONLY PROPERTY FOUND WITHIN
HIS COUNTY.

REVISOR'S NOTE: This section is new language, and
is included to clarify the mechanics of
out—of—county executions. Confusion is
created by Rule 104(a), which allows a
sheriff to personally serve process out of
his county, or to have the process mailed
to the sheriff of the other county for

 

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Session Laws, 1973, Special Session
Volume 710, Page 52   View pdf image
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