
    United States, for the use of A. B., v. Cranston et al.
    
    The sureties in a constable’s bond are not liable for money collected by the-constable ■without legal process.
    Debt upon a constable’s bond. The breach assigned was that the creditor, A. B., for whose use this suit was brought, had put a note into the hands of Cranston, the constable, to collect; that he collected the money, and refused to pay it over to the creditor. It appeared that he collected it without legal process.
    
      Mr. Mason, for the defendants,
    denied that they were liable upon their bond for the money thus collected.
    
      Mr. Wise for the plaintiff, and Mr. Mason for the defendants, submitted the question to the Court without argument.
   And the Couht (Theuston, J., absent,) said that the defendant (the constable) was not liable upon his official bond for this money, álthough he gave a receipt, as constable, for the note. His official duty only commences when he has legal process; and he is only liable officially, for money officially collected; that is, upon legal process.  