LAWS OF MARYLAND.— 1801.

435

SEC. 3. And be it enacted. That the clerks of the several
county courts shall make true return of all such fines by them
received to the justices of the levy courts of their respective
counties, to be by them applied as aforesaid.

Clerks to
make re-
turns of
fines.

SEC. 4. And be it enacted, That the eighth section of the act
to which this is a supplement, passed November session, seven-
teen hundred and ninety-one, entitled, an act for the speedy
recovery of small debts out of court, be and the same is hereby
repealed.

CHAPTER G2.

Section
repealed.

A SUPPLEMENT to an ACT,* entitled, an act for regulating the mode of
staying Execution, and repealing the acts of assembly therein men-
tioned, and for other purposes.
See notes to the original act, ante page 274.

*1791, ch.
67.

Be it enacted, by the General Assembly of Maryland, That
from and after the twentieth day of March next, no justice of
the peace of this state, before whom supersedeas on any judg-
ment rendered by a single magistrate hath been taken, shall
make return of any such supersedeas to the office of the said
county court, for the purpose that the same should be recorded
or filed therein by the clerk of the said county, any law to the
contrary notwithstanding.

Justice not
to make
return of
any super-
sedeas, &c.

SEC. 2. And be it enacted, That any justice of the peace
before whom supersedeas shall or may be taken from and after
the said twentieth day of March next, or any other justice of
the peace of said county, may and shall, at the request of the
plaintiff, or any other person authorized by or on behalf of said
plaintiff, issue execution by way of capias ad satisfaciendum
or fieri facias against the principal debtor and his securities, or
against either of them, after the expiration of the time so men-
tioned in the said supersedeas.

May issue
execution at
request of
plaintiff.

SEC. 3. And be it enacted, That the constables of the respec-
tive counties of this state, who have been, or may hereafter be,
duly appointed and qualified according to law, are hereby
authorized and empowered to serve and levy executions issued
by a justice of the peace on judgments obtained for small debts
out of court, in the same manner and by the same process as
the sheriff or their deputies are by law authorized to do, and to
receive the same fees that the said sheriffs are entitled by law

Constables
authorized
to serve
executions.

to receive for the same services; provided nevertheless, that the
said constables shall, before they proceed to discharge the duties
required by this act, give bond to the state of Maryland, with
good and sufficient security, in the penalty of two hundred and
fifty dollars, to be approved of by the levy court of the county,
for the due performance of the duties of a constable, and also
the duties and trust reposed in them by virtue of this act,

Provisos.