1422 ARTICLE 38.

ARTICLE 38.

FINES AND FORFEITURES.

1. Mode of recovering. 2. To whom paid when recovered. 3. Discharge from jail for non-payment of.

4. Distribution of fines and forfeited recognizances.

An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1777, ch. 6. 1880, ch. 211.
1. When any fine or penalty is imposed by any act of assembly of
this State or by any ordinance of any incorporated city or town in this
State enacted in pursuance of sufficient authority, for the doing of any
act forbidden to be done by such act of assembly or ordinance, or for
omitting to do any act required to be done by such act of assembly or
ordinance, the doing of such act or the omission to do such act shall be
deemed to be a criminal offense; such offense in the city of Baltimore shall
be prosecuted by the arrest of the offender for such offense and by holding
him to appear in or committing him for trial in the criminal court of
Baltimore, which said court shall have jurisdiction in the said cases and
shall proceed to try or dispose of the same in the same manner as other
criminal cases may be tried or proceeded with or disposed of, or such
offenses may be prosecuted by indictment in such court; such offenses in
any county of this State shall be prosecuted by the arrest of the offender
for such offense and by holding him to bail to appear in or committing
him for trial in the circuit court for the county in which such offense was
committed, or by indictment in the circuit court for such county for such
offense. If any person shall be adjudged guilty of any such offense by
any court having jurisdiction in the premises, he shall be sentenced to
the fine or penalty prescribed by such act of assembly or ordinance and to
the costs ,of his prosecution; and in default of payment thereof he shall
be committed to. jail until thence discharged by due course of law. Any
indictment for the violation of any ordinance of any incorporated city
or town of this State may conclude " against the form of the ordinance in
such case made and provided and against the peace, government and
dignity of the State."

In default of payment of fine and costs imposed upon a prisoner, he should have
been committed to jail until fine and costs were paid, and as fine and costs exceeded
$150 and did not exceed $500, he should have remained in custody for ninety days
as provided by sec. 3. Backus v. State, 118 Md. 538.

As to fines and penalties for military offenses, see art. 65.

Repeal of statute does not preclude action or prosecution for penalty or liability
already incurred—art, 1, sec. 3.