1845.

LAWS OF MARYLAND.

CHAP. 379

CHAPTER 379.

Passed Mar.
10, 1846.

An act relating to Constables, and to the estates and fees
due to deceased Constables, and for other purposes.

Justice of the
peace upon
application to

issue.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That in case any constable in this State, has
died, or in case any constable in the said State, shall
hereafter die, having taken in execution, any goods or
chattels lands or tenements, under and in virtue of any
writ or writs of fieri facias, and in all cases where writs
of venditioni exponas have Issued to the said constable,
and the said constable shall not have sold and disposed of
the said goods, chattels, lands and tenements, contained
in the said writs of fieri facias or venditioni exponas, it
shall and may be lawful for any justice of the peace in the
said county, and such justice of the peace is hereby requir-
ed on application of the representative or security of the
deceased constable, or of any person interested, to issue
writs of venditioni exponas or other appropriate process,
directed to any constable in the said county wherein the
goods, chattels, lands or tenements so taken in execution,
may be or lie, and reciting the death of the said consta-
ble, and any such constable to whom any such writ of
venditioni exponas or other process, shall be directed and
delivered, shall seize and take, and he is hereby authoris-
ed and empowered to seize and take into his posses-
sion the goods, chattels, lands or tenements mention-
ed or set forth in such venditioni exponas, in whosoever
bands or possession the same may be found, find shall
proceed after due and legal notice to sell the same at
public sale, in the same manner as if the said goods or
chattels, lands or tenements, had been seized and taken
by such constable upon a writ of fieri facias to him di-
rected and delivered for that purpose, and shall make re-
turn thereof to the said justice of the peace or to any
other in the county, and such constable shall be liable to
be proceeded against, and his bond shall be answerable
in the same manner for any neglect of duty of such con-
stable, as on any other writs of venditioni exponas to
them directed and delivered.

Sale valid.

SEC. 2. And be it enacted, That any sale so to be made
by any constable, in virtue of any such writ of venditioni
exponas as aforesaid, shall be as valid and effectual as
if the same had been made by the constable who had
seized and taken the said goods or chattels, lands or ten-
ements under the writs of fieri facias.