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.
T.C.A. § 8-10-103