248 CONSTABLES. [ART. 20.

proof that he received it for collection according to law, shall be
sufficient prima fade evidence to entitle the plaintiff to recover
na each suit, unless the defendant shall prove that the constable
has discharged his duty in such case according to law.
State v. Turner, 16 Md. 512. Akin v. Denny, 37 Md. 81.

P. G. L., (1860,) art. 23, sec. 21. 1842, ch. 283, sec. 2.

21. The bond of the constable, which shall be in force at the
tame 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 dili-
gence, 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
constable shall cease before he could, by execution and the use of
proper diligence, recover such claim.

State v. Turner, 16 Md. 512.

Ibid. sec. 22. 1843, ch 283, sec 3.

22. The preceding section shall not preclude any creditor
from instituting 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.

Ibid sec. 23 1820, ch. 185, sec. 1.

23. 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, administrators 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 some; and on return of such summons, the
justice shall proceed as in other cases.

Spiker v. Nydegger, 30 Md. 315.

Ibid. sec. 24. 1820, ch. 185, sec 2.

24. Upon a judgment rendered under the preceding section,
the constable shall not be allowed a supersedeas, but execution
may issue forthwith.