LAWS OF MARYLAND.— 1820.

741

CHAFFER 185.

AN ACT to restrain the evil practices of Constables.

WHEREAS great injustice has been found to arise from con-
stables neglecting or refusing to pay over money which they
have received in their official capacity, to the person to whom it
is due, and it appearing to this legislature to be reasohable and
proper that a speedy mode of recovery should be provided in
such cases ; therefore,

Preamble.

SEC. 1, Be it enacted, by the General Assembly of Maryland,
That from and after the passage of this act, in all cases where
any constable as such shall receive money, and shall fail to pay
over the same to the party to whom the money may be due, or
to his executors, administrators or assigns, it shall and may be
lawful for any justice of the peace, upon application of the party
to whom the money is due, or of his executors, administrators
or assigns, to issue a warrant against the said constable for the
money by him so received, and to direct said warrant to any
constable, or other person willing to serve the same, and service
by the person so appointed shall be to all intents available in
law, and on the return of such warrant, and the appearance of
the said constable, the said justice shall render such judgment
as shall appertain to right and justice.

Proceedings
against con-
stables re-
ceiving and
failing to
pay over
money to
party, tec.

SEC. 2. And be it enacted, That upon a judgment rendered
in such case the said constable shall not be allowed a superse-
deas, but execution may issue forthwith.

Not allow-
ed to
supersede ft
judgment.

SEC. 3. And be it enacted, That the party to whom such
money may be due as aforesaid shall and may be entitled,
instead of the remedy herein before given, or after failure to
recover thereby the money due, to sue upon the bond of such
constable, any law or usage to the contrary notwithstanding.

CHAPTER 180.

AN ACT to provide for the support and maintenance of Debtors actually
confined in prison.

Party to
whom
money is
due to sue
bond, &c.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That from and after the first day of March next, whenever any
debtor arrested on a capias ad satisfaciendum issued by any
justice of the peace of this state, or otherwise committed for the
non-payment of any judgment recovered before a justice of the
peace of this state, shall be delivered by the constable to the
custody of the sheriff, it shall be the duty of the creditor at
whose instance such debtor shall be arrested or committed as
aforesaid, to pay to the sheriff, within two days after the said
prisoner shall be so delivered to the custody of the sheriff, the
sum of eighty-seven and a half cents, for the support and main-
tenance in prison of the said debtor, and the like sum weekly

Creditor to
pay sheriff
87 1/2 cts.
weekly for
support of
debtor, &c.