498 CONSTABLES. [ART. 20

1888, art. 20, sec. 16. 1860, art. 23, sec. 17. 1845, ch. 379, sec. 5.

14. 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.

Suits on Bond and Remedies Against.

Ibid. sec. 18. 1860, art. 23, sec. 18. 1825, ch. 198, sec. 1.

15. 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 the 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.
State v. Jones, 21 Md. 433.

Ibid. sec. 19. 1860, art. 23, sec. 19. 1825, ch. 196, sec. 3
16. 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.

Ibid. sec. 20. 1860, art. 23, sec. 20. 1642, ch. 283, sec. 1.
17. In all suits by a creditor upon the bond of a constable
for any neglect of 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 evidence to
entitle the plaintiff to recover in such 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.