the constable or by the oath of the plaintiff, his agent or attorney, or any other credible witness, to call such constable before him, and unless a good excuse is offered, fine him for said neglect any sum not exceeding one dollar.

P. G. L., (1860,) art. 23, sec. 6. 1799, ch. 86. 1801, ch. 62, sec. 3. 6. He shall serve and levy all executions issued by a justice of the peace in the same manner as the sheriff is authorized to do, but no constable shall summon appraisers in levying a writ of fieri facias or attachment.

Chappell v. Cox, 18 Md. 513.

Ibid. sec. 7. 1824, ch. 140, sec. 2.

7. He shall have full power and authority to serve and execute civil or criminal process, and to do and perform all matters and things appertaining to the duties of his office throughout the county or city in which he shall reside; and the responsibility of constables and the securities on their bonds, shall be co-extensive with their authority to serve and execute process; but nothing herein shall compel any constable to serve or execute civil process beyond the limits of the election district or ward for which he shall be appointed.

Burtles v. State, 4 Md. 273. State v. Brown, 54 Md. 318,

Ibid. sec. 8. 1806, ch. 21, sec. 2.

8. If any constable shall neglect to make due return of any execution directed to him, the justice who issued the execution, upon proof of the delivery thereof to the constable, may call such constable before him, and may, unless good excuse is offered, fine him not exceeding two dollars, and the justice may thereupon allow a future day, not exceeding fourteen days, to such constable, to make return of said execution, and if he fail to make return by the time limited, the justice may, at the request of the plaintiff, his agent or attorney, enter judgment against the constable and his securities for the amount of the debt and costs.

Ibid. sec. 9. 1806, ch. 21, sec. 4.

9. If any constable against whom any such judgment shall be entered, shall satisfy the plaintiff the amount of his debt and

-costs, he shall have the same remedy against the defendant on the plaintiff's judgment against such defendant as the plaintiff himself might originally have had.

P. G. L., (1860,) art. 23, sec. 10. 1825, ch. 21.

10. Every constable shall serve and execute a warrant of distress when required within the limits of the district of the county or ward of the city for which he is appointed, and his bond shall be responsible for the due performance of this duty, and he is authorized to execute such warrant in any part of his county or city, but he shall not be obliged to execute the same beyond his district -or ward; if he execute or undertake to execute the same, his bond shall be liable.

Ibid. sec. 11. 1809, ch. 177, sec. 4.

11. Whenever any evidences of debt are put into the hands of a constable for collection, he shall execute a receipt for the same if demanded, and upon his neglect or refusal to do so, he shall forfeit the sum of five dollars, to be recovered before a justice by the party grieved.

Akin v. Denny, 37 Md. 81.

Ibid. sec. 12. 1831, ch. 290, sec. 2.

12. A constable may, by virtue of any execution from a justice of the peace, seize and sell the right, title, claim, interest and estate at law and in equity of the party against whose property said execution shall have issued, in and to any lands or tenements within the county in which such execution shall issue.

Dorsey v. Dorsey, 28 Md, 393.

Ibid. sec. 13. 1831, ch. 290, sec. 4.

13. A deed of bargain and sale, duly executed and acknowledged by any constable for any lands and tenements, or interest or estate in, or relating to or growing out of any lands or tenements sold by virtue of any execution issued on any judg ment of a justice of the peace, shall be good and effectual to transfer and convey to any purchaser, his heirs, executors, administrators, or assigns, any right or estate to or in the premises which by such grantees may be legally acquired, under

and by virtue of any such sale; provided, such sale be ratified and confirmed agreeably to law.

Koechlept v. Hook, 10 Md. 173. Candler v. Fisher, 11 Md. 332.

P. G. L., (1860,) art. 23, sec. 14. 1849, ch. 491.

14. If any constable to whom any execution has issued from any justice of the peace shall die without having made any levy thereunder, the securities of said constable on the bond which would be liable under the said execution may return the said execution to the justice issuing the same, or any other justice of the peace of the same county, if the justice issuing the same shall have died or is not in office, with the endorsement of the fact thereon; and the justice to whom such execution shall be returned, shall have power to issue another execution, upon being furnished with a copy of the judgment upon which the execution. was issued, if he is not the justice who rendered the judgment.

Ibid. sec. 15. 1845, ch. 379, secs. 1-2.

15. If the constable shall die after having taken in execution any property, real or personal, before making sale thereof, his security or other person interested in behalf of said deceased constable, or the plaintiff, or any person interested on behalf of the plaintiff, may have a new writ of fieri facias or venditioni exponas, as the case may require, issued by the same or some other justice of the county, directed to any constable of the county; and under such new writ the constable shall seize and take, and sell and convey, the property taken in execution by the deceased constable, in the same manner as the deceased constable might have done if he had lived.

Ibid. sec. 17. 1845, ch. 379, sec. 5.

16. If a constable shall die without having made sale of property taken in execution, his executor or administrator shall not receive more than one-half the usual poundage fees, and the constable who makes sale of such goods shall not receive more than one-half the usual poundage fees.

Ibid. sec. 16. 1845, ch. 379, sec. 4. 1853, ch. 400.

17. If any constable shall sell any lands and tenements, and shall die or remove beyond the limits of the county, without

executing a deed of conveyance to the purchaser thereof, the judge of the circuit court for the county in which the lands lie, or the judge of the superior court of Baltimore city, if the lands lie in said city, on application by petition in writing by the purchaser or his legal representatives, may appoint some person to execute and deliver the deed to the purchaser, or his legal representatives, for the lands and tenements so sold; and such deed, if the sale has been confirmed by the court, shall be as valid as if executed by the constable who made the sale.

Suits on Bond and Remedies Against.

P. G. L., (1860,) art. 23, sec. 18. 1825, ch. 198, sec. 1.

18. Where a constable is defaulted for any sum or sums of money, or has collected any sums of money, and refuses or neglects to pay the same to the person entitled thereto, and the sum does not exceed one hundred dollars, the person to whom the same is due may apply to any justice of the county or city, who shall issue his summons against the constable and his securities, in the usual form, and upon trial, may give judgment for the amount due and costs against the constable and his securities in the same manner as if the securities were bound in a joint and several note with the constable, from which judgment there shall be the same right of appeal and supersedeas as in other cases.

State v. Jones, 21 Md. 433.

Ibid. sec. 19. 1825, ch. 198, sec. 3.

19. A certificate from the clerk of the circuit court for the county, or the superior court of Baltimore city, stating who are the securities of a constable, and the time when they became such, shall be sufficient evidence of the fact; and it shall not be necessary to produce a full copy of the bond.

Ibid. sec. 20. 1842, ch. 283, sec. 1.

20. In all suits by a creditor upon the bond of a constable for any neglect of duty, or default in not prosecuting and recovering money upon any claim placed in his hands for collection according to law, or for a breach of duty in not paying over money collected by him upon any such claim, the receipt of such constable to the creditor or his agent for the claim for collection, or

proof that he received it for collection according to law, shall be sufficient prima facie evidence to entitle the plaintiff to recover in such suit, unless the defendant shall prove that the constable has discharged his duty in such case according to law.

State v. Turner, 16 Md. 512. Akin v. Denny, 37 Md. 81.

P. G. L., (1860,) art. 23, sec. 21. 1842, ch. 283, sec. 2.

21. The bond of the constable, which shall be in force at the time he shall receive claims for collection, shall be liable to be sued and recovered upon, in cases under the preceding section, unless it shall appear in proof that after using reasonable diligence, he was prevented from recovering the money from the defendant, by a supersedeas of the judgment recovered against him, or an injunction or certiorari, or unless the powers of the constable shall cease before he could, by execution and the use of proper diligence, recover such claim.

State v. Turner, 16 Md. 512.

Ibid. sec. 22. 1842, ch. 283, sec. 3.

22. The preceding section shall not preclude any creditor from instituting suit upon any other bond of the constable, if neglect, default or breach of duty shall arise during the term of office of the constable under such bond.

Ibid. sec. 23. 1820, ch. 185, sec. 1.

23. Where any constable shall receive money and shall fail to pay the same to the party to whom the same is due, or to his executors, administrators or assigns, any justice, on application of the party, his executors, administrators or assigns, may issue a summons against the constable for the money by him received, and may direct said summons to any constable or other person willing to serve the some; and on return of such summons, the justice shall proceed as in other cases.

Spiker v. Nydegger, 30 Md. 315.

Ibid. sec. 24. 1820, ch. 185, sec. 2.

24. Upon a judgment rendered under the preceding section, the constable shall not be allowed a supersedeas, but execution may issue forthwith.