ART. 20] SUITS ON BOND. 485

constable and his securities, 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 manner 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.

1904, art. 20, sec. 16. 1888, art. 20, sec. 19. 1860, art. 23, sec. 19.
1825, ch. 198, sec. 3.

16. 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.

Ibid. sec. 17. 1888, art. 20, sec. 20. 1860, art. 23, sec. 20. 1842, ch. 283, sec. 1.

17. In all suita 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 according to law, or
for a breach of duty in not paying over money collected by him upon
any such claim, the receipt of such constable to the creditor or his
agent for the claim for collection, or proof that he received it for col-
lection 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.

This section does not contemplate the constable or his bond being liable
for the action of the justice in taking an invalid supersedeas. State v. Tur-
ner, 16 Md. 515.

The constable's receipt is prima facie evidence of the validity of the plain-
tiff's claim. Burtles v. State, 4 Md. 279.

Ibid. sec. 18. 1888. art. 20, sec. 21. 1860, art. 23, sec. 21. 1842, ch. 283, sec. 2.

18. 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 recov-
ered upon, in cases under the preceding section, unless it shall appear
in proof that after using reasonable diligence he was prevented from
recovering the money from the defendant by a supersedeas of the judg-
ment 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.

Ibid. sec. 19. 1888. art. 20, sec. 22. 1860, art. 23, sec. 22. 1842, ch. 283, sec. 3.

19. The preceding section shall not preclude any creditor from
instituting suit upon any other bond of the constable, if neglect, default
or breach of duty shall arise during the term of office of the constable
under such bond.

Ibid. sec. 20. 1888, art. 20, sec. 23. 1860, art. 23. sec. 23. 1820, ch. 185, sec. 1.

20. Where any constable shall receive money and shall fail to pay
the same to the party to whom the same is due, or to his executors,