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CHAP. 379.
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purpose, and such constable has died or may die, with-
out having made any return of such writ, then and in eve-
ry such case the plaintiff or plaintiffs in any such writ, or
his or her or their representative or attorney at law, shall
and may obtain a new writ from any justice of the peace
of the said county, directed to any constable of the said
county, and such constable may under such new writ
and he is hereby authorised and empowered to seize and
take into his hands or possession the same property
whether real or personal, which may have been taken by
the constable so dying, and there shall be the same pro-
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Proviso.
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ceedings thereon as in other cases of fieri facias; provi-
ded nevertheless, that the poundage fees in such case,
shall belong to the constable to whom such new writ
shall issue, and not to the representatives of the deceased
constable.
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Constable
again to arrest.
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SEC. 7. And be it enacted, That in case any constable
in this State shall have taken, or may lawfully arrest or
take in execution any person or persons, in virtue of any
writ of attachment, warrant or capias ad satisfaciendum
and such constable hath died or may die before return-
ing any such writ, it shall and may be lawful for any con-
stable in the said county, on the application of the plain-
tiff in any such writ, or of his counsel, and on producing
to such constable as aforesaid the writ under which the
person or persons shall have been arrested or taken in
execution as aforesaid, under and in virtue of any such
writ, such constable shall be authorised, and he is here-
by required again to arrest or take in execution, under
and in virtue of any such writ, the person or persons
who may have been arrested or taken in execution as
aforesaid, in the same manner as if such person or per-
sons had not been before arrested or taken in execution,
under any such writ; and in case the return day in any
such writ shall have passed before being placed in the
hands of such constable, he shall produce it to any jus-
tice of the peace of the county, and obtain from the said
justice a new writ or duplicate thereof, and shall proceed
thereunder as if the writ had been originally directed and
delivered to him, and in case of levies made by consta-
bles on fieri facias or attachment, and the constable shall
die before or without making return of said execution-
or attachment, the said levies shall be considered liens
from the time the said levies were made by the constable
who may have died as aforesaid, and in case the proper-
ty contained in any venditioni exponas, in the hands of
any deceased constables, may have perished or been dis-
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