2696 1NDEX TO THE

All warrants and executions under this act shall be returnable at a cer-

Page.

tain day, not exceeding forty days therefrom, before the justices

issuing the same, or some other justice of the county, who on ap-

plication of the party, shall call on the constable for such return —

1791, ch. 68, sec. 6, .........

280

If a constable admits the receiving of any debt, Sec. and does not pay

the same, the justice may give judgment and award execution

against him, directed to the sheriff — 1791, ch. 68,

280

Witnesses shall be allowed two shillings and six pence for each day's

attendance — 1791, ch. 68, sec. 6, .

280

Constables not returning warrants may be fined not exceeding 7s. 6</.

—1791, ch. 68, sec. 11, ........

280

If a constable returns the person taken, and fails to produce him, the

justice may fine him not exceeding 7s. 6d. — 1791, ch. 68, sec. 11,

280

Such justice may thereon appoint another day, (not exceeding fourteen

days therefrom,) for producing the defendant, and on failure may

enter judgment against the constable for the debt and costs, on

which execution may issue, directed to the sheriff of the county —

1791, ch. 68, sec. 11, ........

280

But the justice may appoint any other day for producing the defen-

dant, if it could not be done before on account of his sickness, and

may then enter judgment, and issue execution, as before, provided

that before any execution, the plaintiff, or his agent, &c. shall make

it appear that he has made or tendered to the constable an assign-

ment of his cause of action — 1791, ch. 68, sec. 11,

280

If a sheriff neglects to make return of an execution under this act, the

justice who issued it may fine him not exceeding 10s. — 1791, ch. 68,

sec. 12, ...........

280

If he returns the person taken, and fails to produce him, the justice

before whom it is returned may, within sixty days therefrom, enter

judgment against such sheriff for the debt and costs, on which exe-

cution may issue directed to the coroner, but such judgment not to

be entered without proof that the debt and costs have been de-

manded by the plaintiff, his agent, &c. of the said sheriff, and that

he refused or neglected to pay them — 1791, ch. 68, sec. 12, .

280

Sheriffs satisfying the debt, &c. shall have the same remedy against the

defendant on the judgment as the plaintiff had — 1791, ch. 68,

sec. 13, ...........

280

The oath of constable changed, and the form prescribed — 1791, ch. 68,

sec 15, ..........

280

Constables empowered to take bail bonds from persons arrested, and

on refusal, to lodge them in gaol, to be kept by the sheriff till the

return day— 1791, ch. 68, sec. 16, ......

280

To exercise jurisdiction (in all cases where they can now exercise it)

over small debts where executors or administrators are plaintiffs or

defendants— 1819, ch. 167, ........

719

Not to issue warrants against executors or administrators within twelve

months after letters granted — 1819, ch. 167, ....

720