Qualification.

1888, art. 20, sec. 1. 1860, art. 23, sec. 1.

ch. 18, sec. 9.

1. Every constable appointed shall, within thirty days after his appointment, make the declaration of religious belief and take and subscribe the oath prescribed by the constitution.

Ibid. sec. 2. 1809, ch. 117, secs. 2, 3. 1835, ch. 201, sec. 16. 1835, ch. 342. 1854, ch. 148.

2. Every constable shall also, before he acts as such, give bond to the State of Maryland, with good and sufficient

security, to be approved by the county commissioners of the county, or the judge of the superior court of Baltimore city, in the penalty of two thousand dollars, conditioned "that the said constable shall well and faithfully execute the said office in all things appertaining thereto, and shall also well and truly account for all moneys placed in his hands for collection, or received by him on judgments, and shall well and truly pay over the same;" and the said bond shall be recorded in the office of the clerk of the circuit court for the county, or of the clerk of the superior court of Baltimore city, and a copy thereof, under the seal of the said court, shall be good evidence to prove the execution of such bond in any court of this State.

Akin v. Denny, 37 Md. 81. State v. Brown, 54 Md. 318. State use Wilson v. Fowler, 88 Md. 601.

1888, art. 20, sec. 3. 1860, art. 23, sec. 3. 1852, ch. 274, sec. 3.

3. For each new election district that may be formed and established in the several counties, and for each additional ward that may be created in the city of Baltimore, there shall be appointed as prescribed by the constitution, two justices of the peace and two constables, unless a different number be specially provided by law.

Execution of Process and Collection of Debts.

Ibid. sec. 4. 1860, art, 23, sec. 4. 1715, ch. 15, sec. 6.

4. Every constable shall obey and execute all process directed to him from any justice of the peace concerning any matter, debt or demand between party and party, and all criminal process directed to him from any justice of the peace, and shall return such civil or criminal process according to the command therein contained.

Campbell v. Webb, 11 Md. 482. Peters v. League, 13 Md. 59. v. Allen, 13 Md. 197. Snively v. Fahnestock, 18 Md. 391.

Ibid. sec. 5. 1860, art. 23, sec. 4. 1791, ch. 68, sec. 11.

Windwart

5. If a constable to whom any summons is delivered shall not make return thereof according to the command of the same, it shall be lawful for the justice who issued the said summons, upon application of the plaintiff or his agent or attorney, and proof made of the delivery of the said summons by the confession of the constable or by the oath of the plaintiff, his agent or attorney, or any other credible witness, to call such constable before him, and unless a good excuse is

offered, fine him for said neglect any sum not exceeding one dollar.

1888, art. 20, sec. 6. 1860, art. 23, sec. 6. 1799, ch. 86. 1801, ch. 62, sec. 3.

6. He shall serve and levy all executions issued by a justice of the peace in the same manner as the sheriff is authorized to do, but no constable shall summon appraisers in levying a writ of fieri facias or attachment.

Chappell v. Cox, 18 Md. 513.

Ibid. sec. 7. 1860, art. 23, sec. 7. 1824, ch. 140, sec. 2.

7. He shall have full power and authority to serve and execute civil or criminal process, and to do and perform all matters and things appertaining to the duties of his office throughout the county or city in which he shall reside; and the responsibility of constables and the securities on their bonds shall be co-extensive with their authority to serve and execute process; but nothing herein shall compel any constable to serve or execute civil process beyond the limits of the election district or ward for which he shall be appointed.

Burtles v. State, Md. 273. State v. Brown, 54 Md. 318. State use Wilson v. Fowler, 88 Md. 601.

Ibid. sec. 8. 1860, art. 23, sec. 8. 1806, ch. 21, sec. 2.

8. If any constable shall neglect to make due return of any execution directed to him, the justice who issued the execution, upon proof of the delivery thereof to the constable, may call such constable before him, and may, unless good excuse is offered, fine him not exceeding two dollars, and the justice may thereupon allow a future day, not exceeding fourteen days, to such constable, to make return of said execution, and if he fail to make return by the time limited, the justice may, at the request of the plaintiff, his agent or attorney, enter judgment against the constable and his securities for the amount of the debt and costs.

Ibid. sec. 9. 1860, art. 23, sec. 9. 1806, ch. 21, sec. 4.

9. If any constable against whom any such judgment shall be entered shall satisfy the plaintiff the amount of his debt and costs, he shall have the same remedy against the defendant on the plaintiff's judgment against such defendant as the plaintiff himself might originally have had.

1888, art. 20, sec. 10. 1860, art. 23. sec. 10. 1825, ch. 21. 10. Every constable shall serve and execute a warrant of distress when required within the limits of the district of the county or ward of the city for which he is appointed, and his bond shall be responsible for the due performance of this duty, and he is authorized to execute such warrant in any part of his county or city, but he shall not be obliged to execute the same beyond his district or ward; if he execute or undertake to execute the same, his bond shall be liable.

Ibid. sec. 11. 1860, art. 23, sec. 11. 1809, ch. 177, sec. 4.

11. Whenever any evidences of debt are put into the hands of a constable for collection, he shall execute a receipt for the same, if demanded, and upon his neglect or refusal to do so he shall forfeit the sum of five dollars, to be recovered before a justice by the party grieved.

Akín v. Denny, 37 Md. 81.

Ibid. sec. 14. 1860, art. 23, sec. 14. 1849, ch. 491.

12. If any constable to whom any execution has issued from any justice of the peace shall die without having made any levy thereunder, the securities of said constable on the bond which would be liable under the said execution may return the said execution to the justice issuing the same, or any other justice of the peace of the same county, if the justice issuing the same shall have died or is not in office, with the endorsement of the fact thereon; and the justice to whom such execution shall be returned shall have power to issue another execution upon being furnished with a copy of the judgment upon which the execution was issued, if he is not the justice who rendered the judgment.

Ibid. sec. 15. 1860, art. 23, sec. 15. 1845, ch. 379, secs. 1, 2. 13. If the constable shall die after having taken in execution any chattels, before making sale thereof, his security or other person interested in behalf of said deceased constable, or the plaintiff, or any person interested on behalf of the plaintiff, may have a new writ of fieri facias or venditioni exponas, as the case may require, issued by the same or some other justice of the county, directed to any constable of the county; and under such new writ the constable shall seize and take, and sell and convey the property taken in execution by the deceased constable, in the same manner as the deceased constable might have done if he had lived.

1888, art. 20, sec. 16. 1860, art. 23, sec. 17. 1845, ch. 379, sec. 5. 14. If a constable shall die without having made sale of property taken in execution, his executor or administrator shall not receive more than one-half the usual poundage fees, and the constable who makes sale of such goods shall not receive more than one-half the usual poundage fees.

Suits on Bond and Remedies Against.

Ibid. sec. 18. 1860, art. 23, sec. 18. 1825, ch. 198, sec. 1.

15. Where a constable is defaulted for any sum or sums of money, or has collected any sums of money, and refuses or neglects to pay the same to the person entitled thereto, and the sum does not exceed one hundred dollars, the person to whom the same is due may apply to any justice of the county or city, who shall issue his summons against the constable and his securities, in the usual form, and upon trial, may give judgment for the amount due and costs against the constable and his securities in the same manner as if the securities were bound in a joint and several note with the constable, from which judgment there shall be the same right of appeal and supersedeas as in other cases.

State v. Jones, 21 Md. 433.

Ibid. sec. 19. 1860, art. 23, sec. 19. 1825, ch. 198, sec. 3.

16. A certificate from the clerk of the circuit court for the county, or the superior court of Baltimore city, stating who are the securities of a constable, and the time when they became such shall be sufficient evidence of the fact; and it shall not be necessary to produce a full copy of the bond.

Ibid. sec. 20. 1860, art. 23, sec. 20. 1842, ch. 283, sec. 1.

17. In all suits by a creditor upon the bond of a constable for any neglect of duty, or default in not prosecuting and recovering money upon any claim placed in his hands for collection according to law, or for a breach of duty in not paying over money collected by him upon any such claim, the receipt of such constable to the creditor or his agent for the claim for collection, or proof that he received it for collection according to law shall be sufficient prima facie evidence to entitle the plaintiff to recover in such suit, unless the defendant shall prove that the constable has discharged his duty in such case according to law.

State v. Turner, 16 Md. 512. Akin v. Denny, 37 Md. 81.