LAWS OF MARYLAND.

facie evidence to entitle the plaintiff to recover in said ac-
tion, unless the defendant shall prove that the constable has
discharged his duty in such case, according to law.
SEC. 2. And be it enacted. That the bond of the consta-
ble which shall be in force, at the time he shall receive
claims for collection, shall be liable to be sued and recover-
ed upon, in cases coming under the first section of this act,
unless it shall appear in proof that after using reasonable
diligence, he was prevented from recovering the money,
by an execution against the defendant, by a supersedeas of
the judgment recovered against him, or an injunction or cer-
tiorari, or unless the powers of the constable shall cease,
before he could by execution and the use of proper dili-
gence, recover any such claim.
SEC. 3. And be it enacted, That the second section of
this act, shall not preclude any creditor from instituting
suit upon any other bond of the constable, if neglect, de-
fault or breach of duty, shall arise under or during the offi-
cial action of the constable under such bond.

1842
CHAP. 285.

Bond of con-
stable respon-
sible.

Second sec-
tion not to
preclude cre-
ditor from in-
stituting suit.

CHAPTER 284.
An act for the benefit of Mary Brown.

Be it enacted by the General Assembly of Maryland,
That the Court of Appeals of the Western Shore, be and
they are hereby authorised and directed to reinstate on the
docket of said court, the case of Mary Brown against
Charles F. Mayer, the same being an appeal from the court
of chancery and dismissed by said court of appeals on the
ground that the record of said case was not sent up in the lime
required by law, and that said court of appeals proceed to
hear and determine said case in the same name as if the re-
cord had been transmitted to the said court of appeals with-
in the time required by law.

Passed March
9, 1843.

Court of Ap-
peals to rein-
state case.

CHAPTER 285.

An act to repeal an act to establish Magistrals Courts in
the several counties of this State, and to prescribe their
jurisdiction, passed at December session eighteen hundred
and thirty-five, chapter two hundred and one, and the se-
veral supplements thereto, so far as relates to Talbot
county.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That from and after the first day of November

Passed March
8, 1843.

Repealed as
to Talbot.