§706. Execution of precepts when officer disqualified
If any officer who has commenced the service or execution of a precept becomes disqualified, it may be completed by any other qualified officer with the same legal effect. If any officer aforesaid has made, in fact, any service, attachment or levy by virtue of any process placed in his hands for service and for any cause has not made his return thereon, such return shall be made by a sheriff, any deputy or other proper officer under direction of a Justice of the Superior Court held in the county where said writ is returnable, the facts to be set forth by said officer in said return to be proved to the satisfaction of said justice. If a deputy sheriff dies after he has served and returned a precept, the sheriff if alive, and if not, any deputy in commission at the time of such service may be allowed by the court to amend such return as the officer who made it might, but the rights of third parties shall not be affected thereby.
Structure Maine Revised Statutes
TITLE 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
14 §702. Duty of sheriffs, deputies and civil deputies; fees
14 §703. Service to precepts by constables
14 §704. Persons subject to jurisdiction (REPEALED)
14 §704-A. Persons subject to jurisdiction
14 §705. Civil process served on Sunday void; officer liable (REPEALED)
14 §706. Execution of precepts when officer disqualified
14 §707. Service of process on vacating office of sheriff
14 §709. Service on deputy sheriff or civil deputy sheriff
14 §710. Service of precepts for work-jails in one or more counties
14 §711. Action under bastardy laws; service of precept by constable or sheriff (REPEALED)
14 §712. Service in actions for breach of duty of officer where principal out of State