1801.

NOVEMBER. LAWS OF MARYLAND.

CHAP.
LXII.

rendered by a single magistrate hath been taken, shall make return of any such supersedeas to the
office of the said county court, for the purpose that the same should be recorded or filed therein
by the clerk of the said county, any law to the contary notwithstanding.

Any justice
may issue exe-
cution, &c.

II. AND BE IT ENACTED, That any justice of the peace before whom supersedeas shall or may
be taken from and after the said twentieth day of March next, or any other justice of the peace of
said county, may and shall, at the request of the plaintiff, or any other person authorised by or on
behalf of said plaintiff, issue execution by way of capias ad satisfaciendum or fieri facias against the
principal debtor and his securities, or against either of them, after the expiration of the time so
mentioned in the said supersedeas.

Constables
may serve exe-
cutions, &c.

III. AND BE IT ENACTED, That the constables of the respective counties of this state, who
have been, or may hereafter be, duly appointed and qualified according to law, are hereby autho-
rised and empowered to serve and levy executions issued by a justice of the peace on judgments
obtained for small debts out of court, in the same manner and by the same process as the sheriff
or their deputies are by law authorised to do, and to receive the same fees that the said sheriffs are
entitled by law to receive for the same services; provided nevertheless, that the said constables
shall, before they proceed to discharge the duties required by this act give bond to the state of
Maryland, with good and sufficient security, in the penalty of two hundred and fifty dollars, to be
approved of by the levy court of the county, for the due performance of the duties of a constable,
and also the duties and trust reposed in them by virtue of this act, whose duty it shall be to have
the same filed or entered on record by their clerks; provided also that nothing in this act contain-
ed shall be construed to prohibit or prevent the sheriff or their deputies, in the respective coun-
ties, from executing or levying executions issued by a justice of the peace for small debts out of
court, when the same are put into their hands for that purpose, in .the same manner as by law
they have been or now are authorised to do.

Judgments

may be revived,
&c

IV. AND BE IT ENACTED, That where any judgment obtained before a single magistrate shall
have continued for more than one year, and the said judgment had not been paid or satisfied, it
shall and may be lawful for the justice before whom the said judgments had been obtained, or any
other justice of the peace for said county, to revive the same by, a writ of scire facias, which shall
be made returnable on a certain day, not exceeding forty days from the time of issuing the same,
to the said justice, or to any other justice of the peace of said county ; and any constable, quali-
fied as above mentioned, of the, hundred, or of the said county, is hereby authorised and required
to serve such writ of scire facias and make due return thereof on the return day mentioned in the
said writ, in the same/manner, and entitled to the same fee, and liable to the same penalty, as in
the case of a warrant issued by a single magistrate, according to the law in such case made and
provided..

Constables
may deliver
persons, &c

V. AND BE IT ENACTED, That it may be lawful for any constable of the county qualified as
aforesaid, to deliver at the county gaol, to the sheriff or gaoler of the said county, any persoa
committed by a single magistrate on a capias ad satisfaciendum, when the case may or doth so re-
quire, and that the said sheriff or his gaoler are hereby required and directed to take charge of
such person, and the same in his custody safe keep, until such person or persons shall be duly dis-
charged therefrom according to law.

Duration

VI. AND BE IT ENACTED, That this act shall, continue to be in force for and during the conti-
nuance of the act to which this is a supplement

Part of an act
repealed.

VII, AND BE IT ENACTED, That so much of the act to which this is a supplement as is con-
trary to, or inconsistent .with, this act, be and the same is hereby repealed.

C H A P. LXIII.

Passed 31st of
Dec. 1801.
Preamble.

An ACT to regulate the inspection of tobacco.

WHEREAS, in order properly to regulate the inspection of tobacco, it is essentially neces-
sary to prevent the exportation, of such as is unmerchantable ;

No tobacco to
be exponed
unless in hogs-
heads, &c.

II. BE IT ENACTED, by the: General Assembly of Maryland, That after the passage of this act, it
shall not be lawful to export, or carry out of this state by land or by water, any tobacco, unless,
in hogsheads, which shall be inspected, passed and marked, at some public warehouse, agreeably
to the directions of this act except, any tobacco inspected before the passage of this act may be

exported