1872, ch. 276, sec. 3.

31. On the first day of July in every year, he shall set apart to the credit of the sinking fund, the sum of one hundred thousand dollars, which, in addition to all sums otherwise accruing to the augmentation of the sinking fund, is hereby appropriated for the purpose of taking up the existing debt of this State; and he shall cause the same to be invested in stock or bonds of this State, purchased at par or less; and said bonds, after being cancelled, as directed in section 33, shall be credited to the sinking fund, and held by the treasurer, subject to the future action of the general assembly.

Ibid. sec. 4.

32. Whenever in the judgment of the comptroller, there shall be a surplus in the treasury over and above the amount necessary to meet the current expenses of the State, as provided by law, he shall cause the same to be invested in the bonds or certificates of debt of this State, purchased at par or less; and in all purchases of bonds or certificates hereby directed to be made, the treasurer shall give the preference to the overdue debt of the State; and the comptroller and treasurer may at any time require the said overdue debt or some class thereof, which can be regulated and accurately described, to be presented at the place where made payable, for payment, by giving not less than thirty days' notice to the holders of such overdue debt, that on a day named in said notice, interest on said overdue debt, or class thereof, will cease; and if said bonds or certificates, so overdue and particularly described in said published notice, be not presented for payment by said day, the payment of interest on the same shall cease, and no further payment of interest on the same shall be made.

Ibid. sec. 5.

33. If the overdue bonds or certificates of the State shall not be procurable in sufficient amounts, the treasurer may invest the sum or suns mentioned in section 31 in any bonds or certificates of the State which may be offered for sale, at the best rates possible for the State; and all such bonds or certificates maturing at some future day, as may be purchased in pursuance of these provisions, shall be cancelled by the treasurer in the presence of the comptroller, by writing the word "cancelled" across the face of

said bonds or certificates, with the date of said cancellation, in red ink, and signing the name of the said treasurer thereto, also in red ink; and said bonds or certificates shall then be held by the treasurer to the credit of the sinking fund, and the interest thereon shall accrue to said fund until such time as the general assembly may dispose of the said bonds or certificates.

1872, ch. 276, sec. 6.

34. The comptroller is hereby directed to draw his warrant on the treasurer for the payment of the bonds or certificates so taken up or purchased.

1878, ch. 91, sec. 1.

35. In making the apportionments required by article 76, title, Public Education, it shall be the duty of the comptroller to equalize, as far as may be possible, the sums to be apportioned, so as to apportion and distribute the same amount, as far as may be practicable, on the fifteenth day of June, the first day of October, the first day of January, and the fifteenth day of May, in each year.

Ibid. sec. 2.

36. Until otherwise expressly directed by law, the comptroller shall charge to said fund and pay therefrom the annual appropriations that have been or may hereafter continue to be made for the education of colored children, and also with like appropriations for the support of the State normal school, for the colored normal school, and the expenses of the State board of education.

1884, ch. 116, sec. 1. 1888, ch. 537.

37. The comptroller is authorized and empowered to adjust and settle the claims of the State against all collectors, sheriffs, clerks of courts and registers of wills, and other collectors or receivers of public moneys, and their securities, and against corporations and individuals who may be indebted to the State, in all cases where said claims accrued prior to and including the year 1886, and whether said claims be in the form of judgments or otherwise; and for the purpose of closing all such cases, the comptroller is fully authorized to compromise the same by abating the interest that has accrued, or any portion thereof, or any part

of the principal debt, in his discretion, so as best to subserve the interest of the State, and shall grant discharges to the said parties and their securities, upon the payment into the treasury, of the amount required by him to be paid in the settlement as aforesaid; provided, however, that the governor and treasurer, for the time being, shall each approve, in writing, any such abatement, before the same shall be effective; and provided further, that no discharge or acquittance under this section shall be effective, unless the party or parties to be benefited by the same, shall first pay the attorney who shall have the case in hand, the legal fees and all fees of clerks or sheriffs.

1884, ch. 116, sec. 2.

38. For the purpose of bringing all unsettled balances due the State to a speedy settlement, the comptroller is directed to employ such attorney or attorneys as in his judgment will best subserve the interest of the State.

Ibid. sec. 3.

39. In all cases where the comptroller shall require the services of an attorney or attorneys to assist him in executing section 37 of this article, he may allow such attorney or attorneys, as compensation, a commission of ten per cent. on any State claim such attorney or attorneys may collect or assist him in collecting, where the amount of such claim does not exceed the sum of five hundred dollars, and a commission of five per cent. on all sums which such attorney or attorneys may collect or assist in collecting as aforesaid, where the claim exceeds the sum of five hundred dollars.

Ibid. sec. 4.

40. Whenever any claim of the State shall be compromised or settled by the comptroller, without payment in full, he shall make and keep among the records of his office, a statement of the evidence or facts upon which such settlement was made.

14. Death of constable before making 28. Shall inform against non-residents

17. Death or removal before executing 30. Shall deliver to sheriff persons

Qualification.

P. G. L., (1860,) art. 23, sec. 1. 1852, ch. 172, sec. 5. 1854, 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 oaths 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.

P. G. L., (1860,) art. 23, sec. 8. 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.

P. G. L., (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. League, 13 Md. 59. Windwart Allen, 13 Md. 197. Snively v. Fahnestock. 18 Md. 391.

Ibid. sec. 5. 1791, ch. 68, sec. 11.

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