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98 BINNEY'S CASE.-2 BLAND.
therefore, to obtain a discharge from confinement, has a right to
have his case heard before any other matter now ready to be pre-
sented to the Court.
against the sheriff for not having the defendant's body in Court according
to the return of the writ.-Chancery Proceedings, lib. P. L. fol. 12.
WALLACE v. BOTELRR-This was a bill filed on the 5th of August, 1'797, to
foreclose a mortgage of real and personal estate.
HANSON, C., May, 1789.-Ordered, that the sheriff of Prince George's
County bring into Court the body of the defendant on the twenty-third day
of May instant, he being by the said sheriff returned "attached," to answer
in this case.
The defendant having failed to answer, and not having been brought into
Court, the case was again brought before the Court.
HANSON, C., 18th July, 1798.-The sheriff of Prince George's County
having failed to bring into Court the body of the defendant, agreeably to
the
tenor of the order for that purpose passed, during the present term, and
regularly served upon him. It is thereupon adjudged and ordered, that
Notly Maddox, the sheriff aforesaid, be and he is hereby, on motion of the
complainant, amerced the sum of twenty pounds current money; unless he
shall bring into Court the body of the said defendant on the first day of
next
October Term; provided that a copy of this order be served on the said
sheriff any time before the first day of September next.
After which, the defendant answered, and a decree was passed by consent
for a sale of the personal estate only, &c.
WATTS' CREDITORS v. CAMPBELL, TRUSTEE.-KILTY., C., Sth July, 1808.-On
motion of the counsel of Winand, in whose behalf the order of which the
within is a copy was made; and it appearing by the affidavit, that the said
order was served, which was not obeyed. It is ordered, that the sheriff of
Charles County be amerced in the sum of £75; and the further sum of £10,
for a fine for the contempt and costs; unless he shall bring into this Court
the body of J. Campbell, trustee for the sale of the real estate of E.
Watts,
deceased, being the same person mentioned in the order, of which the
within is a copy, on some day during the sitting of the Court, at September
Term next.
After which, on motion of the counsel for J. Winand, this matter was
again brought before the Court.
KILTY, C., 27th October, 1808.-Ordered, that the amercement in the order
of July 8th, 1808, be no longer continued; but be and the same is hereby ad-
judged to be final; the said sheriff T. A. Davis not having brought into
Court
the body of J. Campbell therein mentioned, according to the tenor of the
said order-and it is further ordered, that the said sheriff T. A. Davis pay
to
the said J. Winand, on or before the 15th of November next the said amerce-
ment, being £75 and costs: and do also pay the fine for contempt, being £10.
An affidavit of the service of this order was made on the 25th November,
1808; and Winand by his petition filed on the 2d December, 1808, prayed for
a ca. sa.
KiLTY, C., 2d December, 1808.-Let a ca. sa. issue as prayed to the coroner
of Charles County, returnable to the first day of the ensuing term.
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