ART. 36] EXECUTION FOR FEES. 989

ested in them or to whom the same shall be charged shall require a copy
of such account, the several officers herein named shall, in as short a
time as may be convenient, give him an account; of such charges in
words at length.

The officers referred to are attorneys, bailiffs, clerks of the courts, com-
missioners of the land office, constables, coroners, criers, justices of the
peace, notaries public, registers of wills, sheriffs and surveyors. Robey v.
Prince George's County, 92 Md. 157.

This section by necessary Implication, if not expressly, indicates that the
parties requiring the services are to pay the fees. Peter v. Prettyman, 62
Md. 572.

The object of this section stated. The debtor may waive his privilege
nnder this section. Jamison v. State, 55 Md. 103.

As to the collection of officers' fees by the sheriff, see art. 87, sec. 30, et seq.

1904, art. 36, sec. 2. 1888, art. 36, sec. 2. 1870, ch. 441. 1874, ch. 377.
1876, ch. 216. 1892, ch. 91. 1896, ch. 409.

2. No account for officers' fees by any of the several officers herein
named, rendered for services to or in behalf of the counties of this
State in this section named, shall be allowed by the county commis-
sioners thereof until said account has been submitted to and approved
by the judges of the circuit court for said county or a majority thereof;
and no charge for officers' fees shall be paid or allowed by the county
commissioners aforesaid in any criminal case where jurisdiction to try,
hear and determine the matter charged against the party accused has
been conferred by law upon justices of the peace, but the county com-
missioners may levy or pay to the officers performing service in such
cases such compensation as they in their discretion may deem right and
proper. This section shall apply only to the counties of Caroline, Kent,
Queen Anne's, Talbot, Prince George's, Charles and Harford.

The judges have nothing to do with the allowance of fees in criminal cases
heard before a Justice of the peace; mandamus will not lie to control the
discretion of the county commissioners in the matter of such fees, but It will
lie to require the county commissioners to act upon a claim made. The por-
tion of this section imposing upon the judges the duty of approving accounts
is unconstitutional, and the portion prohibiting the payment of fees without
the approval of the judges, is nugatory. Robey v. Prince George's County, 92
Md. 158.

Execution for Fees.

1904, art. 36, sec. 3. 1888, art. 36, sec. 3. 1860, art. 38, sec. 2. 1779, ch. 25, sec. 11.
1822, ch. 219, sec. 2. 1861, ch. 55.

3. No officer, under the penalty of five hundred dollars, shall send
out his fees on execution more than once in every year between the
first day of January and the first day of May; but in Baltimore city
any officer may send out his fees on execution at any time during the
year.

This section does not compel officers to send out their fees for execution
once every year, but simply restrains them from doing so oftener. This
section was not repealed by the act of 1822, ch. 219. Logan v. State, use
Nesbitt, 39 Md. 178.

Officers' fees need not be sent out for collection in the next year after the
performance of the services. Hall v. Belt, 8 G. & J. 478.

As to the collection of officers, fees by the sheriff, see art. 87, sec. 30, et
seq.