LAWS OF MARYLAND— 1791.

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to the justice before whom the warrant shall be returned, it
shall be lawful for the said justice to fine the said constable for
such offence any sum not exceeding seven shillings and six-
pence, and such justice may appoint another day, not exceeding
fourteen days from the return day of the said warrant, for pro-
ducing the body of the defendant; and in case the said consta-
ble shall not produce the body of the defendant on the appointed
day, it shall be lawful for the said justice, at the request of the
plaintiff, his agent or attorney, to enter judgment for the plain-
tiff for the amount of his debt, and costs, against such consta-
ble, on which judgment an execution may be issued by the said
justice, directed to the sheriff of the county as aforesaid ; pro-
vided, that it shall always be in the discretion of such justice,
on due proof made that the constable could not produce the
body of the defendant, because the said defendant was too ill to
be removed, or for any other good cause, to appoint any other
reasonable time for producing him, in which case he shall have
power to enter judgment, and to issue execution against the
said constable on default of producing the body of the deferi-
dant, in the manner before directed; and provided also, that
before any execution shall be issued against the said constable,
the plaintiff, or his agent or attorney, shall make it appear to the
satisfaction of the said justice, that he has made or tendered to
the said constable an assignment of his cause of action against
the defendant.
See 1806, ch. 21, secs. 2 and 4.

SEC. 12. And be it enacted. That in case any sheriff shall
neglect to make due return of any execution directed to him by
virtue of -this act, it shall be lawful for the justice who issued
the said execution, on proof as aforesaid of the delivery of the
writ of execution to the said sheriff, or either of his deputies, to
fine such sheriff for every such neglect any sum not exceeding
ten shillings current money ; and in case any sheriff shall make
due return of any execution directed to him as aforesaid, by
which it shall appear that he has taken the body of the defen-
dant, and shall fail to produce him, it shall be lawful for the
justice before whom the said writ of execution is returned, at
the request of the plaintiff, his agent or attorney, at any time
within sixty days from the return day of the said execution, to
enter judgment for the plaintiff against the said sheriff for the
amount of the debt and costs, on which judgment execution
may be issued, directed to the coroners of the county, or either
of them, who are hereby required to execute the same ; provi-
ded, that such judgment shall not be entered until proof shall
be made, on oath, or affirmation, as aforesaid, that the debt and
36

Sheriffs
may be
fined, &c.