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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1010   View pdf image (33K)
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1010 FINES AND FORFEITURES. [ART. 38

the local act of 1882, ch. 451, relative to the sale of fertilizers in Harford
county. Snowden v. State, 69 Md. 207.

For an indictment under this section, see State v. Mott, 61 Md. 305.

Cited but not construed in Ex Parts Watkins, 7 Pet. 568.

1904, art. 38, sec. 2. 1888, art. 38, sec. 2. 1860, art. 40, sec. 3. 1777, ch. 6

1842, ch. 22.

2. All fines, penalties and forfeitures, when recovered, shall be paid
to the county or city where the same may be imposed unless directed to
be paid otherwise by the law imposing them, but if there be an informer
he shall have half unless otherwise provided. This section not to apply
to fines or forfeitures for offenses at common law.

Since, under this section, the state has no Interest in fines, etc., an action
by the state to recover informer's fees can not be maintained. Sanner v.
State, 83 Md. 648.

Ibid. sec. 3. 1888, art. 38, sec. 3. 1874, ch. 59. 1808, ch. 87.

3. Any person who shall or may hereafter be committed to jail on
any charge, including contempt of court, by the judgment of any court
of justice or by any justice of the peace of this State for non-payment
of any fine and costs not exceeding the sum of fifty dollars, who shall
have remained in custody as aforesaid for the space of thirty days, or
any person who shall or may hereafter be committed to jail aforesaid
for non-payment of any fine and costs above fifty and not exceeding
one hundred and fifty dollars who shall have remained in custody afore-
said for the space of sixty days, or any person who shall or may here-
after be committed to jail aforesaid for the non-payment of any fine
and costs above one hundred and fifty and not exceeding five hundred
dollars who shall have remained in custody aforesaid for the space of
ninety days, or any person who shall or may hereafter be committed to
jail aforesaid for the non-payment of any fine and costs above five
hundred dollars who shall have remained in custody aforesaid for the
space of six months shall be discharged from further imprisonment on
account of said fine and costs.

A judgment sentencing an offender to Jail until the fine and costs are paid,
will be construed in connection with this section. Dean v. State, 98 Md. 84.

Ibid. sec. 4. 1898, ch. 407. 1900, ch. 23, sec. 4. 1904, chs. 178, 541.
1908, ch. 140. 1910, ch. 760 (p. 135).

4. One-half of the fines imposed and recognizance forfeited to the
circuit court for the several counties of the State shall be paid to the
clerks of the respective courts, to be expended under the direction of the
judge or judges of said courts for the augmentation of the libraries of
said courts, and one-half of the fines and recognizance received by the
city register of Baltimore city from the justices of the peace in Baltimore
city and the sheriff of Baltimore city, as adjudged by and accruing in
the criminal courts of Baltimore city, and collected and received by
or through the said sheriff, shall be paid by said city register to the
library company of the Baltimore bar for its use and benefit. Said
sum not to exceed, however, in any year the sum of twenty-five hundred
dollars ($2,500). This section not to apply to Montgomery, Queen
Anne's, Caroline, Cecil, Anne Arundel, Talbot and Worcester counties.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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