21 Md. 432 | Md. | 1864
delivered the opinion of this Court:
This suit was brought on the 28th of October 1859, against the appellees, as sureties on a constable’s bond, executed on the 29th of May 1849, the appellant assigning for a breach of the condition, the neglect of the constable to collect and pay over the amount of a single bill, delivered to him for collection in March 1850. Judgment. was entered for the appellees, on what the appellant here contends was an erroneous overruling of his demurrer to their plea of limitations.
The Act of 1853, chap. 132, prescribing the limitation pleaded, provides that all actions on constable’s bonds should thereafter be brought within five years from the date thereof, and not afterwards. This Act was passed on the 2nd of May 1853, with an express provision, contained in its third section, that it should go into effect on the 1st of January 1854. The period of five years from the date of the bond in this case, did not expire until the 29th of May 1854, and it thus appears that the appellant had five months after this Act became effective, and almost thirteen
Judgment affirmed.