clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 192   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

392 13 E. 1, STAT. 1, CAP. 45, SCIRE FACIAS.
the Sheriff himself. A sworn bailiff, commonly known to be an officer,
acting within his own precinct need not show his writ to the person whom
he arrests or serves with process, though he must inform him after such
arrest or service of its contents, but a special bailiff must show his war-
rant if it be demanded; Mackalley's case, 9 Rep. 69; Countess of Rut-
land's case, 6 Rep. 54, but see Hall v. Roche, 8 T. R. 187.
In Begbie v. Hayne, 2 Bing. N. C. 124, the Court, however, were of
opinion that this Statute did not apply to bailiffs employed in making dis-
tresses for rent arrear, for taking this chapter in conjunction with the
thirty-sixth and thirty-eighth chapters, it was clear that the bailiffs men-
tioned in it were bailiffs employed by lords of Courts for compelling the
parties to follow the county, hundred, wapentake, and other like Courts.
This appears to be the opinion of Lord Coke, 2 Inst. 445, and was confirmed
in Cro. Eliz. 14.
In Giles v. Ebsworth, 10 Md. 333, it was held that under the Code,
Art. 53, sec. 9,' (1834, ch. 194, sec. 3,) a landlord cannot himself distrain for
rent arrear, but must direct his warrant to a third person. In the same
case, however, it was held that where a warrant to distrain is directed to
the Sheriff, he may execute it by one of his sworn deputies. The Act of
1825, ch. 21, (Code, Art. 23, sec. 10,)2 authorized constables to act, and
the Court observed that it had been the practice to employ Sheriffs and
constables for that purpose. See Myers v. Smith, 27 Md. 91.
' Code 1911, Art. 53, see. 9.
1 Code 1911, Art. 20, sec. 10.
CAP. XLV.
The Process of Execution of things recorded within the Year, or
after.

Because that of such things
as be recorded before the
Chancellor and the Justices of
the King that have record,
and be enrolled in their Rolls,
Process of Plea ought not to be
made by Summons, Attach-
ments, Essoin, View of Land,
and other Solemnities of the
Court, as hath been used to be
done of Bargains and Cove-
144 nants* made out of the
Court; (2) from henceforth it
Quia de hiis quo recordata
sunt coram cancellario domini
regis & ejus justitianis qui re-
cordum habent & in rotulis
eorum irrotulata non debet
fieri processus placiti per sum-
monitionem attachia men turn
cssonium visus terre & alias
solempuitates cur' sicut fieri
consuevit de contractibus &
conventionibus factis extra
curiam observandum est dece-
tero quod ea que inveniuntur

 

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 192   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives