SHERIFFS. 2735

31. Proceedings where debtor for such fees absconds. 32. Sales under such distraint for. 33. Account for such fees; judgment for failure to account. 34. Trial by jury, if demanded. 35. Shall have one year after expiration of office to collect fees. 36. Administrator may collect fees. 37. Distress or execution for officers' fees already paid; penalty. Fines and Penalties. 38. To be answerable for, when imposed by court. 39. Fines, fees, etc., to be accounted for to state. 40. May require state's attorney to issue execution for.

41. When returnable. 42. To be payable to sheriffs, and by them to state treasurer, when. 43. What costs to be deducted. Custody of Prisoners. 44. To keep safely all committed to their custody. 45. To provide food and board for; care of sick prisoners. 46. Custody of prisoners committed under authority of United States. Deputy Sheriffs. 47-51. Members of fire companies may be designated as deputy sheriffs, when; Baltimore county only.

Oath of Office and Bond.

An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1852, ch. 172, sec. 5. 1854, ch. 18, sec. 9.

1. Every sheriff elected shall, within thirty days after his commission
has been received by the clerk of his county or of the superior court of
Baltimore city, make the declaration of religious belief required by the
constitution and also take the oath therein prescribed before such clerk.

As to sheriffs, see art. 4, sec. 44, and art. 15, sec. 8, Md. Constitution.
See art. 70, sec. 13, An. Code.

An. Code, sec. 2. 1904, sec. 2. 1888, sec 2. 1794, ch. 54, sec. 8. 1894, ch. 647. 1900, ch. 452.
1906, ch. 39. 1908, ch. 372. 1910, ch. 179 (p. 297).

2. He shall also, before he acts as such, give bond to the State of Mary-
land in the penalty of twenty-five thousand dollars, with security, to be
approved by the two judges of the orphans' court or a judge of the circuit
court for his county, if he be elected for a county, or by two judges of the
orphans' court of Baltimore city, or a judge of the superior court of Balti-
more city, if he be elected for said city, with condition that he shall well
and faithfully execute the office of sheriff of county or the city of Balti-
more, in all things appertaining thereto, and shall well and truly perform
all the duties required by law to be by him performed; provided, that the
sheriffs elected for Somerset, Harford, Calvert, Howard, Carroll, St.
Mary's, Dorchester, Anne Arundel, Queen Anne's, Wicomico, Garrett,
Worcester, Montgomery, Kent, Baltimore and Caroline counties shall be
required to give bond in the penalty of ten thousand dollars, and for no
greater sum.

This section does not declare that a failure to comply literally with form of bond
shall avoid the bond. Substance and not form controls. Bond held to be in sub-
stantial compliance with this section. What is sufficient proof of attestation of two
judges of orphans' court. The failure of such judges to attest bond does not affect
its validity. Young v. State, 7 G. & J. 259.