280

LAWS QF MARYLAND.— 1791.

adjudged by the justice from whose judgment such appeal
shall be made, as also all cost and damage that shall be awarded
by the court before whom such appeal shall be heard, tried and
determined, then the said bond to be and remain in full force
and virtue, otherwise to be of none effect.

Warrants,
&e. to be
made re-
turnable at
a certain
day, &c.

SEC. 6. And be if enacted, That all warrants and executions
in virtue of this act shall be made returnable at a certain day,
not exceeding forty days after the test thereof, before the justice
issuing the same, or some other justice of the peace for the
same county, who are hereby authorized and required, upon
application of the party, to call upon the constables for such
returns, and, in case of non-payment by any constable who
admits the receipt of any debt or demand, it shall and may be
lawful for the justices to give judgment, and award execution
forthwith, against such constable, directed to the sheriff of the
county where the said constable resides.

Allowance
to witnesses

SEC. T. And be it enacted, That witnesses shall be allowed
two shillings and six-pence current money per day for each
day's attendance, and no more.
SEC. 8. Repealed by 1801, ch. 42.

Justices not
to hold plea
&c.

SEC. 9. And be it enacted. That the justices of the several
county courts within this state shall not hold plea in the said
courts of any debt or damage in cases within the jurisdiction
given to justices of the peace out of court by this act, which
shall not exceed ten pounds current money, or one thousand
pounds of tobacco, any law, usage or custom, to the contrary
notwithstanding,
Jurisdiction is also restricted by 1809, ch. 76.

Proviso.

SEC. 10. Provided always, That this act shall be deemed,
construed and understood, to extend only to debts, or sums of
money or tobacco, due on contract, and to damages for the non-
delivery of grain or other articles contracted to be delivered.
See 1824, ch. 296.

Constable
may be
fined, &c.

SEC. 11. And be it enacted, That if the constable to whom
any warrant is delivered shall not make return thereof accord-
ing to the command of the same, it shall be lawful for the jus-
tice who issued the said warrant, upon application of the plain-
tiff, or of his agent or attorney, and proof made of the delivery
of the said warrant, by the confession of the said constable, or
by the oath, or affirmation, as the case may require, of the said
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 seven
shillings and six-pence ; and if any constable shall make due
return of any warrant, by which it shall appear that he has
taken the body of the defendant, and shall fail to produce him