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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 436   View pdf image (33K)
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430

LAWS OF MARYLAND.— 1801.

 

whose duty it shall be to have the same filed or entered on
record by their clerks ; provided also, that nothing in this act
contained shall be construed to prohibit or prevent the sheriff
or their deputies, in the respective counties, from executing or
levying executions issued by a justice of the peace for small
debts out of court, when the same are put into their hands for
that purpose, in the same manner as by law they have been or
now are authorized to do.
Constables fees are now graduated by 1820, ch. 164; 1834, ch. 192.
The penalty of the bond is increased to J 800, by 1809, ch. 177.
By 1806, ch. 21, constables neglecting to make due return of any execu-
tion, may be fined, and judgment may be entered against him and his secu-
rities, on failing to make return. If return is made, and he fails to have
the defendant before the justice, judgment may be entered against him and
his securities, at any time within sixty days.

Judgments,
in certain
cases, may
be received.

SEC. 4. And be it enacted, That where any judgment obtained
before a single magistrate shall have continued for more than
one year, and the said judgment had not been paid or satisfied,
it shall and may be lawful for the justice before whom the said
judgments had been obtained, or any other justice of the peace
for said county, to revive the same by a writ of scire facias,
which shall be made retqrnable on a certain day, not exceeding
forty days from the time of issuing the same, to the said justice,
or to any other justice of the peace of said county ; and any
constable, qualified as above mentioned, of the hundred, or of
the said county, is hereby authorized and required to serve
such writ of scire facias, and make due return thereof on the
return day mentioned in the said writ, in the same manner, and
entitled to the same fee, and liable to the same penalty, as in
the case of a warrant issued by a single magistrate, according
to the law in such case made and provided.
By 1823, ch. 194, an execution may be taken out, at any time within
three years, without issuing a scire facias.

Constables
may deliver
persons at
county gaol

SEC. 5. And be it enacted, That it may be lawful for any
constable of the county qualified as aforesaid, to deliver at the
county gaol, to the sheriff or gaoler of the said county, any
person committed by a single magistrate on a capias ad satis-
faciendum, when the case may or doth so require, and that the
said sheriff or his gaoler is hereby required and directed to take
charge of such person, and the same in his custody safe keep,
until such person or persons shall be duly discharged therefrom
according to law.

Duration.

SEC. 6. And be it enacted, That this act shall continue to be
in force for and during the continuance of the act to which this
is a supplement.
There is no limitation to the original act.



 
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Please view image to verify text. To report an error, please contact us.
Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 436   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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