528

LAWS OF MARYLAND.— 1805.

debt to such sheriff or constable, within the county or hundred
within which such sheriff or constable is authorized to serve
process for the recovery of debts, whether such debt shall be
due on judgment, bond, note or open account, unless such pur-
chase, assignment or transfer, shall be made to such sheriff,
deputy sheriff or constable, for a bona fide debt before that time
due and owing to him from the person making such assignment
or tranfer.

To suits for
such debts,
general
issue plead-
able, &c.
and judg-
ment for
defendant.

SEC. 2. And be it enacted. That if any person or persons
shall be sued or warranted by any sheriff, deputy sheriff or con-
stable, or by any other person for the use of such sheriff, deputy
sheriff or constable, to recover any sum or sums of money
which shall have been purchased, assigned or transferred as
aforesaid, it shall and may be lawful for such person to plead
the general issue, and give this act and the special matter in
evidence, and if on the trial it shall appear that such debt has
been purchased in, assigned or transferred over, to such sheriff,
deputy sheriff or constable, contrary to the provisions of this
act, there shall be a judgment entered in favour of the defendant.

Execution
to issue to
restore
money
raised
under an
execution
on judg-
ment pur-
chased
contrary to
this act.

SEC. 3. And be it enacted. That on the return of an execu-
tion founded on a judgment purchased, assigned or transferred,
to any sheriff, deputy sheriff or constable, it shall and may be
lawful for the person who shall have been executed as aforesaid
to allege, in writing, to the court or magistrate before whom
such execution shall be returned, that such judgment has been
purchased, assigned or transferred, contrary to the provisons
of this act, and the court to whom such allegation shall be made,
shall thereupon cause an issue to be made, and a trial before a
jury to be had, and if it shall appear by the finding of the jury,
that such purchase, assignment or transfer, has been made con-
trary to the provisions of this act, the court shall thereupon
cause an entry to be made that such judgment is discharged,
and an execution may thereupon issue to restore any sum or
sums of money that has been raised under any such execution,
and if such execution shall be returnable before a single magis-
trate, such magistrate, on such allegation being made, shall, in
a summary way, determine the fact, and if such purchase shall
appear to have been made, shall cause the said judgment to be
entered discharged, and issue execution as before directed where

Provisos.

returned to a court; Provided, that nothing contained in this
act shall prevent, or be construed to prevent, any sheriff or
coroner of this state from receiving an assignment of, and bring-
ing suit on, any cause of action assigned to such sheriff or
coroner under and in virtue of an act which passed in the year

*Chap. 10.

seventeen hundred and sixty -eight, * entitled, an act for the
recovery of certain amerciaments, and also upon defaults on
executions, and recovering the money due thereon, agreeably