ART. 23.] CONSTABLES. 129

stable who makes sale of such goods shall not receive more than
one-half the usual poundage fees.

SUITS ON BOND AND REMEDIES AGAINST.

18. Where a constable is defaulted for any sum or sums of
money, or has collected any .sums of money, and refuses or
neglects to pay the same to the person entitled thereto, and the
sum does not exceed one hundred dollars, the person to whom
the same is due may apply to any justice of the county or city,
who shall issue his summons against the constable and his secu-
rities, in the usual form, and upon trial, may give judgment for
the amount due and costs against the constable and his securities
in the same manrter as if the securities were bound in a joint
and several note with the constable, from which judgment there
shall be the same right of appeal and supersedeas as in other
cases.

19. A certificate from the clerk of the Circuit Court for the
county, or the Superior Court of Baltimore city, stating who are
the securities of a constable, and the time when they became
such, shall be sufficient evidence of the fact, and it shall not be
necessary to produce a full copy of the bond.

20. In all suits by a creditor upon the bond of a constable for
any neglect of duty, or default in not prosecuting and recovering
money upon any claim placed in his hands for collection accord-
ing to law, or for a breach of duty in not paying over money
collected by him upon any such claim, the receipt of such con-
stable to the creditor or his agent for the claim for collection, or
proof that he received it for collection according to law, shall be
sufficient prima facie evidence to entitle the plaintiff to recover
in such suit, unless the defendant shall prove that the constable
has discharged his duty in such case according to law.

21. The bond of the constable which shall be in force at the
time he shall receive claims for collection, shall be liable to be
sued and recovered upon, in cases under the last preceding section,
unless it shall appear in proof that after using reasonable dili-
gence he was prevented from recovering the money from the
defendant, by a supersedeas of the judgment recovered against
him, or an injunction or certiorari, or unless the powers of the
constable shall cease before he could by execution and the use of
proper diligence recover such claim.
VOL. I.—9