1888, art. 20, sec. 21. 1860, art. 23, sec. 21. 1842, ch. 283, sec. 2. 18. 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. 1860, art. 23, sec. 22. 1842, ch. 283, sec. 3. 19. 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. 1860, art. 23, sec. 23. 1820, ch. 185, sec. 1. 20. 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 same; and on return of such summons, the justice shall proceed as in other cases. Spiker v. Nydegger, 30 Md. 315. Ibid. sec. 24. 1860, art. 23, sec. 24. 1820, ch. 185, sec. 2. 21. Upon a judgment rendered under the preceding section, the constable shall not be allowed a supersedeas, but execution may issue forthwith. Police Duties of Constables. Ibid. sec. 25. 1860, art. 23, sec. 25. 1780, ch. 24, sec. 21. 1852, ch. 344. 1900, ch. 352. 22. Each constable shall be sworn up at every circuit court for the county, or criminal court of Baltimore, to the grand jury. This section not to apply to Frederick county. Ibid. sec. 26. 1860, art. 23, sec. 26. 1842, ch. 190, sec. 11. 23. They shall visit all places within their respective city or counties where it is suspected that gaming tables are kept, and shall give information of all violations of law to the next circuit court for their county or criminal court of Baltimore. 1888, art. 20, sec. 27. 1784, ch. 37, sec. 23. 24. They shall require any person carrying goods from place to place for sale to produce a license, and in case of refusal or neglect to produce the same, shall carry such person before a justice, who shall take recognizance from him with security, to appear at the next circuit court for the county, or criminal court of Baltimore. Ibid. sec. 28. 1806, ch. 31, sec. 3. 25. They shall make strict inquiry, and call on all persons who do not reside in their respective counties or city, and who are retailing spirituous liquors, for their license, and, upon their refusal to produce the same, shall give information to some justice of the peace, under the penalty of ten dollars, to be recovered before a justice of the peace. Ibid. sec. 29. 1784, ch. 7, sec. 10. 1784, ch. 37, sec. 27. 26. Every constable shall, upon complaint, enter into the house of any retailer, and there call for and inspect the measures used by such retailer. Ibid. sec. 30. 1801, ch. 62, sec. 5. 27. Every constable shall deliver to the sheriff at the jail any person who may be committed to his custody for that purpose by a justice of the peace or other officer having the power to commit. ARTICLE XXI. CONVEYANCING. Conveyances in General. 1. What estate shall not pass without deed duly acknowledged. Power of unmarried woman between 18 and 21 years of age to make deed of trust of her property. Proviso. 2. Acknowledgments within connty or city where real estate lies. 3. Acknowledgments within the State, but out of county or city where real estate lies. 4. Without the State. 5. Without the United States. 6. Certificate of acknowledgment. 7. Seal of court. 8. What acknowledgment must contain. 9. General requisites of a good deed. 10. To be signed and sealed by grantor. 11. No words of inheritance necessary. 12. Meaning of "grant" and "bargain and sell." 13. How and when to be recorded. 14. Deed to take effect from date, as between parties. 15. Acknowledgment essential. and record 16. Priority of record, effect of. 17. Record of trustee's deed in ⚫ several counties, when necessary. 18. Recording deeds between death of clerk and qualification of his successor. 19. Effect of record after expiration of time fixed by law. 20. Effect of possession by grantee. 21. Saving as to creditors. 22. Acknowledgment before a commissioner of deeds. 23. Livery of seisin and indenting not necessary. 24. Tenant of estate tail may grant in fee simple. 25. Power of attorney to be acknowledged as a deed. 26. Revoked, when. 27. Execution by attorney; how made. 28. Bonds for conveyance. Mortgages. 29. Executed, acknowledged and recorded as deeds. 30. Affidavit by mortgagee. 31. By whom to be made. 32. Assignment of mortgagee. 59. Executor's deed. 60. Mortgage of real estate. 61. Bill of sale. 62. Chattel mortgage. 63. Lease. 64. Sufficiency of prescribed forms. 65. Similar forms to be sufficient. 66. Form of acknowledgment within the State. 67. By husband and wife. 68. Without the State. 69. Any form substantially equivalent sufficient. 70. Effect of the word "covenants." 71. General warranty. 72. Special warranty. 73. Covenant of seisin. 74. Right to convey. 75. Quiet enjoyment. 76. Grantor has done no act to en cumber. 77. For further assurance. 78. Such covenants in deeds hereto- Defective Conveyances. 80. Defectively acknowledged deeds cured. 81. Further provisions as to same. 82. Further provisions as to same. 85. Subsequent to 1900. 66 Miscellaneous. 86. Die without issue," legal effect of. 87. When title to remain in vendor of railroad rolling stock until purchase money paid. 88. What leases to be redeemable; how. 89. Leases or sub-leases for more 90. Renewal of leases by decree. Conveyances in General. 1888, art. 21, sec. 1. 1860, art. 24, sec. 1. 1766, ch. 14, sec. 2. ex 1. No estate of inheritance or freehold, or any declaration or limitation of use, or any estate above seven years, shall pass or take effect unless the deed conveying the same shall be executed, acknowledged and recorded as herein provided; and all such deeds shall be acknowledged before some one of the officers named in sections two, three, four and five of this article, and any unmarried woman between the age of eighteen years and twenty-one years, shall have power to make a deed of trust of her property, real, personal or mixed; provided, the same shall be approved and sanctioned by a court having equity jurisdiction in the city or county where the grantor resides, upon the petition of the said grantor, and such proof as the said court in its discretion may require. Brown v. Lynch, 1 H. & McH. 218. Calvert's Lessee v. Eden, 2 H. & McH. 279. Hoddy's Lessee v. Harryman, 3 H. & McH. 581. Carroll's Lessee v. Norwood, 1 H. & J. 178. Hawkins' Lessee v. Burress, 1 H. & J. 513. Hall v. Gittings' Lessee, 2 H. & J. 380. Dorsey v. Gassaway, 2 H. & J. 402. Buchanan v. Deshon, 1 H. & G. Houston v. Nowland, 7 G. & J. 480. Mackall v. Farmers' Bank, 12 G. & J. Peter v. Schley's Lessee, 3 H. & J. 211. 282. Hays v. Richardson, 1 G. & J. 366. Anderson v. Critcher, 11 G. & J. 450. 176. Chase's Case, 1 Bl. 230. Salmon v. Clagett, 3 Bl. 125. U. S. Ins. Co. v. Shriver, 3 Md. Ch. 381. Addison v. Hack, 2 Gill, 221. Budd v. Brooke, 3 Gill, 198. George's C. C. & I Co. v. Detmold, 1 Md. 240. Stewart v. Redditt, Haney v. Marshall, 9 Md. 195. 3 Md. 67. Carter v. Harlan, 6 Md. 30. M. & C. C. of Balto. v. Williams, 6 desty, 29 Md. 50. v. Wilson, 41 Md. 506. 61 Md. 539. Balto & Sitler v. Nickel v. Brown, 1888, art. 21, sec. 2. 1860, art. 24, sec. 2. 1856, ch. 154, sec. 83. 1890, ch. 232. 2. If acknowledged in the county or city within which the real estate or any part of it lies, the acknowledgment may be made before : 1st. A justice of the peace for such city or county. 2d. A judge of the orphans' court of such county or city. 3d. A judge of the circuit court for the county. 4th. A judge of the supreme bench of Baltimore city. Griffith's Lessee v. Ridgely, 2 H. & McH. 418. Sims' Lessee v. Deakins, 2 H. & McH. 46. Lewis' Lessee v. Waters, 3 H. & McH. 430. Hoddy's Lessee v. Harryman, 3 H. & McH. 581. Ridgely v. Howard, 3 H. & McH. 321. Gittings' Lessee v. Hall, 1 H. & J. 14. Harper v. Hampton, 1 H. & J. 687. Hall v. Gittings' Lessee, 2 H. & J. 380. Lawrence's Lessee v. Heister, 3 H. &. J. 371. Teackle v. Nicoll's Lessee, 3 H. &. J. 574. Wickes v. Caulk, 5 H. & J. 36. Beall's Lessee v. Lynn, 6 H. & J. 355. Carroll v. Tyler, 2 H. & G. 54. Johns v. Reardon, 3 Md. Ch. 62. Budd v. Brooke, 3 Gill, 198. Gardner v. Lewis, 7 Gill, 394. Barry v. Hoffman, 6 Md. 78. Warner v. Hardy, 6 Md. 525. Henderson v. M. & C. C. of Balto., Md. 352. Haney v. Marshall, 9 Md. 195. Hutchins . Dixon, 11 Md. 29. Wilson v. Carson, 12 Md. 55. Phelps v. Phelps, 17 Md. 121. Fouke v. Fleming, 13 Md. 409. Central Bank v. Copeland, 18 Md. 505. Cecil Bank v. Barry, 20 Md. 295. Grove v. Todd, 41 Md. 633. |