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Revised Code of the Public General Laws, 1879
Volume 388, Page 742   View pdf image (33K)
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742

JUSTICES OF THE PEACE AND CONSTABLES. [ART. 68.

Id s 6
1799, c 86 ,
1801, c 62,8 3.
To serve and
levy executions
from justice

y 2. 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 laying a writ of fieri facias
or attachment

Id s 7
1824, c 140, s 2
Not bound to
serve procpss
out of district
4 Md 273

73. He shall have full power and authority to serve and execute
civil or criminal process, and to do and perform all matters and
things appertaining 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 coextensive 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.

Id s 8
1806, c 21,s 2
How compelled
to rel urn exe-
cution

74. If any constable shall neglect to make due return of any
execution directed to him, the justice who issued the execution, upon
proof of the delivery thereof to the constable, may call such con-
stable 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

Judgment
against, on
failure

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 judgment against the constable and his securities
for the amount of the debt and costs.

Id s 9
1806, c 21, B 4
Remedy against
defendant on
paying judg-
ment.

75. If any constable, against whom any such judgment 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 plain-
tiff's judgment against such defendant as the plaintiff himself might
originally have had

Id s 10
1825, c 21
To serve dis-
tress

76. Every constable shall serve and execute a warrant of distress
when required within the limits of the district or ward of the county
or 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 city or county, but he shall not be
obliged to execute the same beyond his district or ward; if he exe-
cute, or undertake to execute the same, his bond shall be liable.

Id s 11
1809, c 177, s 4
To give receipt
for claims
37 Md 81

77. Whenever any evidences of debt are put into the hands of
a constable for collection, he shall execute a receipt for the same if
demanded, and, upon his neglect or refusal to do so, he shall forfeit
the sum of five dollars, to be recovered before a justice by the party
grieved.

Id s 12
1831, c 290, s 2
May sell lands
on execution

78. A constable may, by virtue of any execution from a justice
of the peace, seize and sell the right, title, claim, interest, and estate
at law and in equity of the party against whose property said execu-
tion shall have issued, in and to any lands or tenements within the
county in which such execution shall issue

Id s 13
1831, c 290, s 4
May convey
same by deed
10 Md 173, 11
Md 832

79. A deed of bargain and sale, duly executed and acknowledged
by any constable for any lands and tenements, or interest or estate
in or relating to or growing out of any lands or tenements sold by
virtue of any execution issued on any judgment of a justice of the



 
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Revised Code of the Public General Laws, 1879
Volume 388, Page 742   View pdf image (33K)
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