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

743

peace, shall be good and effectual to transfer and convey to any pur-
chaser, his heirs, executors, administrators, or assigns, any right or
estate to or in the premises, which by such grantees may be legally
acquired under and by virtue of any such sale; provided, such sale
be ratified and confirmed agreeably to the provisions of article
LXIV of the Code, subtitle Sales and Notices.

Sale to he rati-
fied and con-
firmed

80. If any constable, to whom any execution has issued from
any justice of the peace, shall die without having made any levy
thereunder, the securities of said constable on the bond, which would
be liable under the said execution, may return the said execution to
the justice issuing the same, or any other justice of the peace of the
same county, if the justice issuing the same shall have died or is not
in office, with the indorsement of the fact thereon , and the justice
to whom such execution shall be returned, shall have power to issue
another execution, upon being furnished with a copy of the judg-
ment upon which the execution was issued, if he is not the justice
who rendered the judgment.

Id s 14
1849, c 491
Dying without
levy, what done
with execution

81. If the constable shall die after having taken in execution
any property, real or personal, before making sale thereof, his secu-
rity or other person interested in behalf of said deceased constable,
or the plaintiff, or other person interested on behalf of the plaintiff,
may have a new writ of fieri facias or venditioni exponas, as the
case may require, issued by the same or some other justice of the
county, directed to any constable of the county, and under such
new writ the constable shall seize and take, and sell and convey the
property taken in execution by the deceased constable, in the same
manner as the deceased constable might have done if he had lived.

Id s 15
1845, c 379,83.
1,2
Dying after
levy

82. If any constable shall sell any lands and tenements, and
shall die or remove beyond the limits of the county, without exe-
cuting a deed of conveyance to the purchaser thereof, the judge of
the Circuit Court for the county in which the lands lie, or the judge
of the Superior Court of Baltimore City, if the lands lie in said city,
on application b3' petition in writing by the purchaser or his legal
representatives, may appoint some person to execute and deliver the
deed to the purchaser, or his legal representatives, for the lands and
tenements so sold , and such deed, if the sale has been confirmed
by the court, shall be as valid as if executed by the constable who
made the salc.

Id s 16
1845, c 379, s 4 ,
1853, c 400
Dying after sale
of lands, how
deed made.

83. If a constable shall die without having made sale of property
taken in execution, his executor or administrator shall not receive
more than one-half the usual poundage fees, and the constable who
makes sale of such goods shall not receive more than one-half the
usual poundage fees.

Id s 17
1845, c 379, s 5
Dying after
levy, now
poundage fees
divided