1238

LAWS OF MARYLAND.— 1836.

arrear, without the levying of a distress therefor, and the admi-
nistrator or executor of any deceased person is authorized to

Payment
authorized.

pay and discharge such claim for rent in arrear, provided the
orphans court of the county shall be satisfied of the justice of
said claim, and that a distress therefor might be levied on said
deceased's goods and chattels, in the hands of such administra-

Proviso.

tor or executor; And provided also, that nothing in this act con-
tained shall be construed to divest or in any mariner impair the

Right to
distrain
reserved.

right of any person having a claim for rent in arrear against a
deceased person, to pursue his remedy therefor by distress in
the cases and in the manner now allowed by law.

O. court
first to be
satisfied.

SEC. 2. And be it enacted, That the orphans court before
passing or allowing any such claim iu the settlement of the
accounts of an administrator or executor, shall be satisfied, on
proof of that correctness of the claim, and that a distress could

Executor
may contest

be levied and maintained therefor, but nothing in this act con-
tained shall be construed to compel an administrator or execu-
tor, to pay any such claim, although passed by the orphans
court, if he shall think proper to dispute said claim.

* 1835, ch.
201.

CHAPTER 204.
A further SUPPLEMENT to an ACT,* entitled, an Act to establish Magistrates'
Courts in the several Counties of this State, and to prescribe their Juris-
diction.

Constable's
duty to give
information
of assault
fend baitery,
&c.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That it shall be the duty of all constables in the several counties
of this state to give information, under oath to be administered
by the presiding justice, of all assaults and batteries, and
breaches of the peace of any sort which shall hereafter come to
their knowledge by any means whatsoever, to the several magis-
trates' courts, at their regular sessions of the district or districts
in which said assaults and batteries, and breaches of the peace
shall occur, and in which the said sheriff, deputy sheriffs and
constables shall reside.

Penalty for
neglect.

SEC. 2. And be it enacted, That in case any constable shall
fail to give information as aforesaid, the court when satisfied of
the possession of such information by any such constable, shall
impose a fine upon the same of not less than one dollar, nor
more than five, at the discretion of the court.

CHAPTER 219.

AN ACT to repeal the second section of an Act, entitled, a Supplement to
an Act, entitled, an Act, concerning the amendment of Judicial Pro-
ceedings, passed at December session, eighteen hundred and thirty -
three, chapter two hundred and seventy-six.

Repeal

Be it enacted, by the General Assembly of Maryland, That
the second section of an act, entitled a supplement to an act,