A constable shall vacate office by removal from the district, and is liable to a penalty of forty dollars ($40.00) for acting as constable after such removal, to be recovered before any judge of the court of general sessions of the county in which the constable resides, one half (½) to the use of the person suing, and the other one half (½) to the use of the county.
Code 1858, § 399 (deriv. Const., 1834, art. 6, § 15); Shan., § 490; Code 1932, § 736; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1003.