ART. 87] SHERIFFS. 859

ARTICLE LXXXVIL

SHERIFFS.

39A. Fines, fees, etc., to be accounted for to State.

Fines and Penalties.

39.

This section referred to in construing section 40—see notes thereto.
Backus v. State, 118 Md. 539.

See notes to article 15, section 1, of the Md. Constitution.

1912, ch. 418.

39A. The Sheriff of Baltimore City shall pay over to the State of
Maryland all fines, fees and forfeitures collected by him in those cases
in which he is denominated the informer or is denominated in any
other manner whatsoever, and shall render an accounting thereof to the
State of Maryland, and shall pay over the same at all times on the
demand of the Comptroller.

Provided, that this section shall in no manner affect, determine or
annul any proceeding at law or in equity now brought, pending or to
be brought in the future by the State of Maryland against any sheriffs
or former sheriffs of Baltimore City in which the cause of action or
dispute or matter in issue involves or relates to the accounting of sheriffs
or former sheriffs of Baltimore City who may be such prior to the tak-
ing effect of this act to the State of Maryland for fees due or alleged
to be due by them to the State and received by them prior to the taking
effect of this section.*

40.

Since no recognizance was given as provided by this section, and since
no execution could be issued on such a recognizance had one been given
until the recognizance had been properly forfeited, this section held inap-
plicable. A recognizance is an obligation of record, and when forfeiture
is declared and entered by the court, it becomes a judgment and enforce-
able by execution. Backus v. State, 118 Md. 539.

42.

See notes to article 15, section 1, of the Md. Constitution.

See article 4, section 44, and article 15, section 8, of the Md. Constitution.
*The act of 1912, chapter 418, went into effect June 1, 1912,