806 COURTS. [ART. 26

transcripts to be produced before them, or either of them, whenever they
or either of them may be, for the purpose of passing such order, and in
all criminal cases wherein the accused has been allowed to give bail; but
if the court shall adjourn before he has secured the bail, the clerk of the
court may take the bail, on its being directed by order of court before
adjournment, or of one of the judges after adjournment, fixing the
amount thereof; but the clerk shall accept no security without the oath
or affirmation of the person offering himself as security that he or she
is worth the amount of the bail in real or personal estate, exclusive of
bis or her right to exemption, nor unless the clerk shall be satisfied of
the truth of such statement on oath or affirmation; and whenever a party
is arrested on indictment in any of the circuit courts, and is imprisoned
during the recess of the court, any judge thereof, if it be a bailable
case, may, by his order in writing, fix the bail and direct the clerk to
take the same, with security or securities, who shall justify on oath or
affirmation as hereinbefore provided, and no security shall be taken
whom the clerk is not fully satisfied to be worth the amount sworn to.

A judge has the power to direct the entry of a Judgment during recess in
any court in his circuit. This section was intended to enlarge the powers
of the courts and judges during recess and has no effect upon, and is not in
conflict with, section 6 of this article. The two sections are to be construed
together. Frostburg v. Tiddy, 63 Md. 519.

An order in writing passed during recess, overruling a motion for a new
trial, is valid under this section; but a verbal direction sent to the clerk to
enter Judgment (out of the presence of the judge), is disapproved. The
term "open court," defined. Hays v. Philadelphia, etc., B. R. Co., 99 Md. 419.
As to the powers of circuit courts on appeals from the county commis-
sioners, see art. 5, sec. 85; see also, art. 25, sections 33 and 73.

Relief to Sheriffs and Collectors.

1904, art. 26, sec. 40. 1888, art. 26, sec. 38. 1860, art. 29, sec. 46.
1852, ch. 75, sec. 1. 1878, ch. 349.

40. On application by petition in writing to the several circuit courts
or circuit judges and the superior court of Baltimore city of any sheriff
or collector of the county and State taxes, or either of them, who has
failed or neglected to collect any taxes or fees within the time prescribed
by law, the court or judge may, on such terms as they may prescribe,
by an order, extend the time of such sheriff or collector to complete .
the collections, which extension may be limited in the discretion of the
court or judge, and may be renewed as may be deemed reasonable, 'and
the said petition and orders shall be filed in the office of the clerk of the
circuit court, or superior court, where such application is made, and
on application of the legal representative of any deceased sheriff or
collector he shall be entitled to a rail himself of the provisions of this
section as fully as such deceased sheriff or collector could do if living.

When the collector's time has been extended under this section, he can
proceed by distress or in any way authorized during his term. Baldwin v.
State, use Hull, 89 Md. 597.

As to tax collectors, see art. 81, sec. 33, et seq.; see also, art. 81, sec. 87.

See art. 87, sec. 30, et seq.