482 CONSTABLES. [ART. 20

by the county commissioners of the county, or the judge of the superior
court of Baltimore city, in the penalty of two thousand dollars, condi-
tioned "that the said constable shall well and faithfully execute the
said office in all things appertaining thereto, and shall also well and
truly account for all moneys placed in his hands for collection, or
received by him on judgments, and shall well and truly pay over the
same;" and the said bond shall be recorded in the office of the clerk of
the circuit court for the county, or of the clerk of the superior court of
Baltimore city, and a copy thereof, under the seal of the said court.
shall be good evidence to prove the execution of such bond in any court
of this State.

The condition of a constable's bond is the same as that of a sheriff's bond.
When sureties on such a bond are liable. Distinction between acts done
virtuti officii, and those done colore officii. Wilson v. Fowler, 88 Md. 601.

Where a constable seizes the goods of the wrong party, his bond is not
responsible. State v. Brown, 54 Md. 323.

The responsibility of a constable's bond is not affected by his failure to
take the oath, or by his own neglect. Hurtles v. State, 4 Md. 278.
See sec. 10 and notes, and sec. 15, et seq.

As to the time within which suit on a constable's bond must be brought,
see art. 57, sec. 6.

See art. 87, sec. 2, and notes.

1904, art. 20, sec. 3. 1S88, art. 20, sec. 3. 1860, art. 23, sec. 3. 1852, ch. 274, sec. 3.

3. For each new election district that may be formed and estab-
lished in the several counties, and for each additional ward that may
be created in the city of Baltimore, there shall be appointed as pre-
scribed by the constitution, two justices of the peace and two consta-
bles, unless a different number be specially provided by law.

Execution of Process and Collection of Debts.

Ibid. sec. 4. 1888, art. 20, sec. 4. 1860, art. 23, sec. 4. 1715, ch. 15, sec. 6.

4. Every constable shall obey and execute all process directed to
him from any justice of the peace concerning any matter, debt or
demand between party and party, and all criminal process directed to
him from any justice of the peace, and shall return such civil or crimi-
nal process according to the command therein contained.

The constable is liable if he executes the process of a tribunal of inferior
and limited Jurisdiction, when that process shows that it is void because the
tribunal had no Jurisdiction over the person or property, although Jurisdic-
tion might have been had over the subject-matter if the law had been fully
complied with. Campbell v. Webb, 11 Md. 482.

As to the duty of constables in cases of bastardy, see art. 12, sec. 4.

Ibid. sec. 5. 1888, art. 20, sec. 5. 1860, art. 23, sec. 4. 1791, ch. 68, sec. 11.

5. If a constable to whom any summons is delivered shall not make
return thereof according to the command of the same, it shall be lawful
for the justice who issued the said summons, upon application of the
plaintiff or his agent or attorney, and proof made of the delivery of the
said summons by the confession of the constable or by the oath of the
plaintiff, his agent or attorney, or any other credible witness, to call
such constable before him, and unless a good excuse is offered, fine him
for said neglect any sum not exceeding one dollar.