744

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

SUITS ON BOND AND REMEDIES AGAINST CONSTABLES.

Art 23, s IB
182S, c 198 s 1.
When and how
bond of con-
stable may be
sued before
justice
4 Md 273,
HI Md 432.

84. Where a constable is defaulted for any sum or sums of
money, or has collected any sums of money, and refuses or neglects
to pay the same to the person entitled thereto, and the sum does
not exceed one hundred dollars, the person to whom the same is due
may apply to any justice of the county, or city, who shall issue
his summons against the 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 thc. 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.

Id s 19
1825, c 198, s 3
What evidence
of execution,
of bond

85. 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.

Id s 20
1842, c 283, s 1
What evidence
will charge
bond
16 Md 512.

86. In all suits by a creditor upon the bond of a constable for any
neglect of a 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 evi-
dence to entitle the plaintiff to recover in such suit, unless the de-
fendant shall prove that the constable has discharged his duty in
such case according to law.

Id s 21
1842, c 283, B 2
For wbat oond
liable

87. 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 last 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 su-
persedeas of the judgment recovered against him, or an injunction,
or certiorari, or unless the powers of the constable shall cease be-
fore he could by execution and the use of proper diligence recover
such claim.

Id s 22
1842, c 283, s 3
Wbat bond
creditor may
sue

88. The last preceding section shall not preclude any creditor
from instituting suit upon any other bond of the constable, if neg-
lect, default, or breach of duty shall arise under or during the offi-
cial action of the constable under such bond.

Id s 23.
1820, c 185, s 1
How and when
may be sued
before justice.
30 Md 305

89. Where any constable shall receive money and shall fail to
pay the same to the party to whom due, or to his executors, ad-
ministrators, or assigns, any justice, on application of the party, his
executors, administrators, or assigns, may issue a summons against
the constable for the money by him received, and may direct said
summons to any constable, or other person willing to serve the same,