838

LAWS OF MARYLAND.— 180&

*1791, ch.
67.

CHAPTER 21.

AN additional SUPPLEMENT to an ACT* entitled, an Act for regulating the
mode of staying execution, and repealing the acts of assembly therein
mentioned, and for other purposes.
See 1801, ch. 62, and the acts there referred to.
See notes to the original act, ante page, 274.

Preamble,

*1801, ch.
62.

WHEREAS many inconveniencies have arisen under the law,*
entitled, a supplement to an act, entitled, an act for regulating
the mode of staying execution, and repealing the acts of assem-
bly therein mentioned, and for other purposes ; therefore,

Constable
neglecting
to make
return of
any execu-
tion, &c.
may be
fined.

(*the)

SEC. 2. Be if enacted by the General Assembly of Maryland,
That in case any constable shall neglect to make due return
of any execution directed to him by virtue of this* act, to which
this is supplement, it shall be lawful for the justice who issued
the said execution, on proof of the delivery of the writ of exe-
cution to the said constable, to call such constable before him,
and unless a good excuse is offered, to fine such constable any
sum not exceeding fifteen shillings, and such justice may there-
upon allow a future day, not exceeding fourteen days, to such
constable to make return thereof, and in case such constable
shall fail to make return by .the time limited, it shall and may
be lawful for such justice, at the request of the plaintiff, his
agent or attorney, to enter judgment against said constable, and
his securities, in favour of the plaintiff, for the amount of his
debt and costs ; and in case any constable 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 defendant, 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 said execution, to enter judgment for the
plaintiff against the said constable, and his securities, for the
amount of the debt and costs, on which judgment execution
may issue immediately, directed to the sheriff of the county or
the constable of any hundred in said county, who is hereby

Proviso.

directed to execute the same; Provided, that such judgment
shall not be entered until proof shall be made, on oath or affir-
mation, that the debt and costs have been demanded by the
plaintiff, his agent or attorney, of the said constable, and that
he hath refused or neglected to pay the same.

Justice im-
posing fine
may issue
execution
for the
same.

SEC. 3. And be it enacted, That any justice imposing any
fine by virtue of this act, may issue execution for the same in
the nature of capias ad satisfaciendum or fieri facias, directed to
the sheriff, or the constable of any hundred in said county, and
the same shall be applied towards defraying the county charges.

Constable,
oa satisfy-
ing plaintiff

SEC. 4. And be it enacted, That if any constable, against
whom judgment shall be entered as aforesaid, shall satisfy the