CONSTABLES 711,

and shall well and truly pay over the same"; and the said bond shall be re-
corded 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. Burtles 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.

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1852, ch. 274, sec. 3.

3. For each new election district that may be formed and established
in the several counties, and for each additional ward that may be created
in the city of Baltimore, there shall be appointed as prescribed by the con-
stitution, two justices of the peace land two constables, unless a different
number be specially provided by law.

Execution of Process and Collection of Debts.

An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, 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 be-
tween party and party, and all criminal process directed to him from any
justice of the peace, and shall return such civil or criminal process accord-
ing to the command therein contained.

In view of sec. 287 of the Baltimore City charter (1938 Ed.), it was competent for
the legislature to confer upon the city of Baltimore the power to pass ordinances chang-
ing the duties and compensation of constables. Gould v. Baltimore, 120 Md. 535.

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 juris-
diction over the person or property, although jurisdiction might have been had over
the subject-matter if the law had been fully complied with. Campbell v. Webb, 11
Md. 482.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 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 plain-
tiff 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.

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, 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 con-
stable shall summon appraisers in levying a writ of fieri facias or
attachment.