1854 REVENUE AND TAXES. [ART. 81

office, which shall thereupon be filled as prescribed by the constitution;
and such failure on the part of any clerk or register shall amount to a
forfeiture of the commission to which he would otherwise be entitled.
See note to sec. 143.

Priority of State's Lien.

1904, art. 81, sec. 142. 1888, art. 81, sec. 126. 1860, art. 81, sec. 148. 1778, ch. 9,
sec. 6. 1874, ch. 483, sec. 137. 1878, ch. 237.

145. All lands and tenements belonging to any person indebted to
this State, after the commencement of a suit therefor against him shall
be liable to execution on any judgment or decree which may be rendered
against him in such suit, in whosesoever hands or possession the said
lands or tenements may be found; but where the debtor hath granted or
may hereafter grant any road, way or easement in or over any lands
liable as aforesaid, the rights accruing through or by such grant shall
not be affected by the preceding provisions of this section; provided,
however, that all existing rights of the State now vested shall not be in
any way diminished or released, except as herein provided.

Under the act of 1778, ch. 9, as soon as the suit is commenced by the state,
a lien is created on the lands of the debtor which gives the state a priority
over all other creditors who had not, prior to the commencement of the suit
by the state, secured a Hen by judgment, mortgage or otherwise. State's
prior claim upon the proceeds of the sale of land. Davidson v. Clayland, 1
H. & J. 547. And see Jones v. Jones, 1 Bl. 447; Hodges v. Mullikin, 1 Bl. 515.
The lien given the state by this section may, and perhaps can only under
any circumstances be enforced at common law. Such lien can not be called
into action to subserve the purposes of an individual. Ridgely v. Iglehart, 3
Bl. 544.

Aa to the right of preference of the state in the payment of debts under
the common law, see State v. Bank, 6 G. & J. 205; Smith v. State, 5 Gill, 45;
Green's Estate, 4 Md. Ch. 356; State v. Baltimore, 10 Md. 504.

Tax on Official Commissions.

Ibid. sec. 143. 1888, art. 81, sec. 127. 1862, ch. 282. 1874, ch. 483,
sec. 138. 1878, ch. 23.

146. When their commissions are delivered to them, the follow-
ing officers shall respectively pay to the clerk from whom they
receive the same, the sums following, to wit: The judges of each of
the circuit courts for the several counties, fifty dollars; the judge of
the superior court, of the court of common pleas, of the circuit court
and circuit court No. 2 of Baltimore city, of the Baltimore city court,
and the criminal court of Baltimore, each fifty dollars; the judges of
the court of appeals, each fifty dollars; the sheriff of Baltimore city,
three hundred dollars; the sheriff of Baltimore county, Frederick
county and Washington county, each one hundred dollars; the sheriff
of Allegany county, seventy-five dollars; the sheriff of Carroll county,
Barford county, Dorchester county, Anne Arundel county, Worcester
county, Somerset county, Cecil county and Prince George's county, each
forty dollars; the sheriff of Howard county, thirty dollars; the sheriff
of Caroline county, Montgomery county, Talbot county, Charles