MARVIN MANDEL, Governor                                  53

service. The rule expressly does not apply
to executions.

Rule 622(f) allows a cleric to direct
process to the sheriff of another county.
Presently, Art. 87, §§ 16-20 deal with
papers served in a county other than the
sheriff's county, however, these sections
do not explicitly authorize executions in
the other county. It is felt wise to
provide a statutory base for Rule 622.

Constables and elisors who have completed
an approved police training course have the
same powers and liabilities as sheriffs.
See §2-604 of this title (constables) and
Rule 117 and Md. District Rule 117
(elisors) .

SEC. 2-303. SHERIFF TO FILE RETURN.

WHEN A SHERIFF SERVES OR ATTEMPTS TO SERVE A
PAPER HE SHALL FILE A RETURN WITH THE CLERK OF THE
COURT THAT ISSUED THE PAPER STATING WHETHER OR NOT THE
PAPER WAS SERVED, AND OTHER INFORMATION REQUIRED BY
RULE OR LAW.

REVISOR'S NOTE: This section is new language
derived from Art. 87, §§ 12 and 16-20 which
are proposed for repeal.

Previously the common law required a
sheriff to file a return and the statutes
impliedly recognized the requirement by
providing penalties for failure to file a
return. This section makes the common—law
rule explicit.

By requiring a sheriff to file a return
when he serves or attempts to serve a
paper, it becomes unnecessary to provide
penalties for failure to serve or attempt
to serve. He must serve or attempt to
serve the paper before he can file a
return.

The contempt provision presently appearing
in §16 is transferred to §2-304.

SEC. 2-304. REMEDY AGAINST SHERIFF FOR FAILURE TO
FILE RETURN.