1820.

LAWS OF MARYLAND.

CHAP. 185.

Passed Feb. 15, 1821.
Preamble.

CHAP. CLXXXV.

An Act to restrain the evil practices of Constables.

WHEREAS great injustice has been found to arise from consta-
bles neglecting or refusing to pay over money which they have
received in their official capacity, to the person to whom it is due,
and it appearing to this legislature to be reasonable and proper
that a speedy mode of recovery should be provided in such cases;
Therefore,

Proceedings

against constable

receiving and fail-
ing to pay over

money to party,
&c.

1. Be it enacted by the General Assembly of Maryland, That
from and after the passage of this act, in all cases where any
constable as such shall receive money, and shall fail to pay over
the same to the party to whom the money may be due, or to his

executors administrators or assigns, it shall and may be lawful
for any justice of the peace, upon application of the party to
whom the money is due, or of his executors, administrators or
assigns, to issue a warrant against the said constable for the mo-
ney by him so received, and to direct said warrant to any con-
stable, or other person willing to serve the same, and service by
the person so appointed shall be to all intents available in law,
and on the return of such warrant, and the appearance of the
said constable, the said justice shall render such judgment as shall
appertain to right and justice.

Not allowed to
supercede a judg-
ment.

2 And be it enacted. That upon a judgment rendered in such
case the said constable shall not be allowed a supersedeas, but
execution may issue forth with.

Party to whom
money is due to

sue bond, &c.

3. And be it enacted, That the party to whom such money may
he due as aforesaid shall and may be entitled, instead of the re-
medy herein before given, or after failure to recover thereby the
money due to sue upon the bond of such constable, any law or
usage to the contrary notwithstanding.

Passed Feb. 14 1821.

Creditor to pay
sheriff 87 1/2 cts.
weekly for sup-
port of debtor
&c.

'

CHAP CLXXXVI.

An Act to provide for the support and maintenance of Debtors actually confin-
ed in Prison.

1. Be it enacted by the General Assembly of Maryland, That from
and after the first day of March next, whenever any debtor ar-
rested on a capias ad satisfaciendum issued by any justice of the
peace of this state, or otherwise committed for the nonpayment
of any judgment recovered before a justice of the peace of this
state, shall be delivered by the constable to the custody of the
sheriff, it shall be the duty of the creditor at whose instance such
debtor shall be arrested or committed as aforesaid, to pay to the
sheriff, within two days after the said prisoner shall be so deli-
vered to the custody of the sheriff, the sum of eighty-seven and a
half cents, for the support and maintenance in prison of the said
debtor, and the like sum weekly thereafter for the same purpose,
so long as the said debtor shall be imprisoned at the suit of such
creditor; and if default shall he made in any one of the payments
herein before directed, and the said debtor shall be confined for
debt, and for no other cause, it shall then be the duty of the she-
riff forthwith, upon such default, to certify the same in writing,
under his hand, to some justice of the peace of the county where,
such debtor shall be confined, in which certificate shall be set
forth the day on which the said debtor was committed to the cus-