| 1791.
CHAP.
LXVIII. |
LAWS of MARYLAND.
made or tendered to the said constable an assignment of his cause of
action against
the defendant. |
Sheriff may
be fined for
neglecting to
return any
execution,
&c. |
XII. And be
it enacted, That in case any sheriff shall neglect to make due
return of any execution directed to him by virtue of this act, it shall
be lawful
for the justice who issued the said execution, on proof as aforesaid of
the delivery
of the writ of execution to the said sheriff, on either of his deputies,
to fine such
sheriff for every such neglect any sum not exceeding ten shillings current
money;
and in case any sheriff shall make 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 the said
execution,
to enter judgment for the plaintiff against the said sheriff fr the amount
of the
debt and costs, on which judgment execution may be issued, directed to
the
coroners of the county, or either of them, who are hereby required to execute
the same; provided, that such judgment shall not be entered until proof
shall be
made, on oath, or affirmation, as aforesaid, that the debt and costs have
been
demanded by the plaintiff, his agent or attorney, of the said sheriff,
and that he
hath refused or neglected to pay the same. |
Sheriff may
have remedy
against defendant,
&c. |
XIII. And be
it enacted, That if any sheriff, against whom judgment shall be
entered as aforesaid, shall satisfy the plaintiff the amount of his debt
and costs,
he shall have the same remedy against the defendant on the plaintiff's
judgment
against him, as the plaintiff himself might originally have had. |
Justice may
issue execution
for fines,
&c. |
XIV. And be
it enacted, That any justice, imposing any fine by virtue fo this
act, may issue execution for the same, in the nature of capias ad satisfaciendum
or
fieri facias, directed to the sheriff, or coroner, as the case may
require, and the
same shall be applied towards defraying the county charges. |
| Oath of constable. |
XV. And be it
enacted, That all constables hereafter to be appointed, instead
of the oath of office now directed by law to be taken, shall take the following:
" I, A. B. do swear, that I will faithfully and honestly serve in the office
of
" constable for _____ hundred in _____ county, and will well and truly,
" according to my power, skill and knowledge, perform and execute the duties
" belonging to the office of constable so long as I shall continue in such
office.
" So help me God." |
Constable
making any
arrest, may
take bond,
&c. |
XVI. And be
it enacted, That upon every arrest made by any constable on any
warrant issued in virtue of this act, it shall be lawful for the constable
making
the arrest to take bond from the person arrested, in a sum not exceeding
fifteen
pounds, conditioned for his appearance before a justice of the peace of
the same
county, to be named in the said condition, on the return day of the warrant,
to
answer the suit of the plaintiff, and in case of refusal to give such bond,
with
sufficient security, such constable may lodge such person in the common
gaol
of the county, to be safely kept by the sheriff until the return day of
the said
warrant. |
Several acts
repealed, &c. |
XVII. And be
it enacted, That an act of assembly passed at April session, in
the year one thousand seven hundred and fifteen, entitled, An act for the
speedy
recovery of small debts out of court before a single justice of the
peace, and an
act passed at October session, in the year seventeen hundred and sixty-three,
entitled,
An act for the speedy recovery of small debts out of court before one justice
of the peace, and the act or acts continuing the same, and an act passed
in
June, in the year of our Lord one thousand seven hundred and seventy-seven,
entitled, An act for the speedy recovery of small debts out of court, and
the act
or acts continuing the same, and a further act passed April session, seventeen
hundred and eighty-seven, entitled, A Supplement to the act for the
speedy
recovery of small debts out of court, and the act or acts continuing the
same, be
and they are hereby abrogated, repealed and made void. |
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