LAWS OF MARYLAND.— 1795.

327

received as evidence before him on the hearing of any caveat,
provided reasonable notice in such order be given to the other
party.

CHAPTER 74.
AH ACT for the more speedy and effectual recovery of fines, penalties and
forfeitures.

WHEREAS doubts are entertained whether, under the existing
laws of this state, a writ of capias ad satisfaciendum can be
issued for the recovery of any fine, penalty or forfeiture; for
remedy whereof,
See February, 1777, ch. 6, ante page 129.

Preamble.

SEC. 2. Be it enacted, by the General Assembly of Maryland,
That it shall and may be lawful for the attorney-general of this
state, or either of his deputies, ex officio, and they are hereby
directed and required on the application of the sheriffs of the
respective counties in this state, to order a writ or writs of capias
ad satisfaciendum to be issued for the recovery of all fines, pen-
alties and forfeitures, which have or hereafter may be imposed
by any court of record in this state, together with the costs
accruing thereon.

Attorney-
general,
&c. may
order writs,
&c.

SEC. 3. And be it enacted, That all fines, forfeitures and penal-
ties, together with costs due on the same, shall hereafter be paid
to the several and respective sheriffs to whom any such writ of
capias ad satisfaciendum shall be directed, who shall, on or
before the tenth day of November annually hereafter, pay over
to the treasurer of the western or eastern shore on which they
shall respectively reside, all such sums of money, except the
costs, as they shall have respectively received on account of the
same.

Fines, &c.
to be paid
to the
sheriffs, &c.

SEC. 4. And be it enacted, That it shall be the duty of the
several and respective sheriffs to whom such writs of capias ad
satisfaciendum shall be directed, to return the same to the courts
to which they shall be made returnable, at the term next suc-
ceeding the issuing of the same ; and whenever the sheriff to
whom such writ or writs shall be directed, shall make return
that he has taken the body or bodies of the person or persons
against whom such writ or writs shall have issued, such sheriff
shall be obliged, either to acknowledge in open court the receipt
of the full amount of such fines, forfeitures and penalties, with
the costs due thereon, for the recovery of which such writ or
writs shall have issued, or to produce the body of every such
person who shall have been so taken by him to the court to
which the said writ shall be returned, and in default thereof, the
said court, upon motion of the attorney-general, or of his deputy,
shall order judgment to be entered up against such defaulting
sheriff for the amount of the same and costs.

Who are to
return the
writs, &c.