ART. 38] FINES AND FORFEITURES. 1009

ARTICLE XXXVIIL

FINES AND FORFEITURES.

1. Mode of recovering. 2. To whom paid when recovered. 3. Discharge from Jail for non-payment of.

4. Distribution of fines and forfeited recognizances; to what counties this section is applicable.

1904, art. 38, sec. 1. 1888, art. 38, sec. 1. 1860, art. 40, sec. 1. 1777, ch. 6.

1880, ch. 211.

1. When any fine or penalty is imposed by any act of assembly of
this State or by any ordinance of any incorporated city or town in
this State enacted in pursuance of sufficient authority, for the doing of
any act forbidden to be done by such act of assembly or ordinance, or
for omitting to do any act required to be done by such act of assembly
or ordinance, the doing of such act or the omission to do such act shall
be deemed to be a criminal offense; such offense in the city of Balti
more shall be prosecuted by the arrest of the offender for such offense
and by holding him to appear in or committing him for trial in the
criminal court of Baltimore, which said court shall have jurisdiction
in the said cases and shall proceed to try or dispose of the same in the
same manner as other criminal cases may be tried or proceeded with or
disposed of, or such offenses may be prosecuted by indictment in such
court; such offenses in any county of this State shall be prosecuted by
the arrest of the offender for such offense and by holding him to bail
to appear in or committing him for trial in the circuit court for the
county in which such offense was committed, or by indictment in the
circuit court for such county for such offense. If any person shall be
adjudged guilty of any such offense by any court having jurisdiction
in the premises, he shall be sentenced to the fine or penalty prescribed
by such act of assembly or ordinance and to the costs of his prosecution;
and in default of payment thereof he shall be committed to jail until
thence discharged by due course of law. Any indictment for the
violation of any ordinance of any incorporated city or town of this
State may conclude "against the form of the ordinance in such case
made and provided and against the peace, government and dignity of
the State."

Under this section, the court has the power to commit an offender to jail

who has not the money to pay his fine, although the offense is punishable by

fine only. Dean v. State, 98 Md. 84.

Under the act of 1880, ch. 211, proceedings in all instances for the recovery

of fines must be by indictment. This section construed in connection with

As to fines and penalties for military offenses, see art. 65.
64