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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 483   View pdf image (33K)
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ART. 20] EXECITION OF PROCESS AND COLLECTION OF DEBTS. 483

1904, art. 20, sec. 6. 1888, art. 20, sec. 6. 1860. art. 23, sec. 6. 1799, ch. 86.

1801, ch. 62, sec. 3.

6. He shall serve and levy all executions issued by a justice of the
peace in the same manner as the sheriff is authorized to do, but no
constable shall summon appraisers in levying a writ of fieri facias
or attachment.

Lands may he taken and sold by virtue of an execution on a judgment
rendered by a justice of the peace. Coombs «. Jordan, 3 Bl. 309.

Ibid. sec. 7. 1888, art. 20, sec. 7. 1800, art. 23, sec. 7. 1824, ch. 140, sec. 2.

7. He shall have full power and authority to serve and execute civil
or criminal process, and to do and perform all matters and things apper-
taining to the duties of his office throughout the county or city in which
he shall reside; and the responsibility of constables and the securities
on their bonds shall be co-extensive with their authority to serve and
execute process; but nothing herein shall compel any constable to serve
or execute civil process beyond the limits of the election district or ward
for which he shall be appointed.

The constable's jurisdiction being the entire county, the responsibility of
his bond extends to his acts throughout the county. Burtles v. State, 4
Md. 279.

Ibid. sec. 8. 188S, art. 20, sec. 8. 1860, art. 23, sec. 8. 1806, ch. 21, sec. 2.

8. If any constable shall neglect to make due return of any execu-
tion directed to him, the justice who issued the execution, upon proof
of the delivery thereof to the constable, may call such constable before
him, and may, unless good excuse is offered, fine him not exceeding
two dollars, and the justice may thereupon allow a future day, not
exceeding fourteen days, to such constable, to make return of said
execution, and if he fail to make return by the time limited, the justice
may, at the request of the plaintiff, his agent or attorney, enter judg-
ment against the constable and his securities for the amount of the debt
and costs.

Ibid. sec. 9. 1888, art. 20, sec. 9. 1860, art. 23, sec. 9. 1806, ch. 21, sec. 4.

9. If any constable against whom any such judgmnet shall be
entered 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 such defendant as the plaintiff himself might origi-
nally have had.

Ibid. sec. 10. 1888. art. 20, sec. 10. 1860. art. 23. sec. 10. 1825. ch. 21.

10. Every constable shall serve and execute a warrant of distress
when required within the limits of the district of the county or ward
of the city for which he is appointed, and his bond shall be responsible
for the due performance of this duty, and he is authorized to execute
such warrant in any part of his county or city, but he shall not be
obliged to execute the same beyond his district or ward; if he execute
or undertake to execute the same, his bond shall be liable.

This section does not mean that a constable's bond is liable if he acts
without a warrant, or, what is the same thing, when the warrant is void
State v. Timmous, 90 Md. 13.

Cited but not construed in Giles v. Ebsworth, 10 Md. 345.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 483   View pdf image (33K)
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