590 ARTICLE 20.

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.

An. Code, sec. 16. 1904, sec. 16. 1888, 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.

An. Code, sec. 17. 1904, sec. 17. 1888, sec. 20. 1842, ch. 283, sec. 1.

17. 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 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 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.

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. Turner, 16
Md. 515.

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

An. Code, sec. 18. 1904, sec. 18. 1888, 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 recovered
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 judgment recovered
against him, or an injunction or certiorari, or unless the powers of the con-
stable shall cease before he could, by execution and the use of proper dili-
gence, recover such claim.

An. Code, sec. 19. 1904, sec. 19. 1888, sec. 22. 1842, ch. 283, sec. 3.

19. The preceding section shall not preclude any creditor from insti-
tuting 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.

An. Code, sec. 20. 1904, sec. 20. 1888, 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, administra-
tors or assigns, any justice, on application of the party, his executors, ad-
ministrators or assigns, may issue a summons against the constable for the