2736 ARTICLE 87.

A sheriff is not qualified to act, nor bound to discharge duties of his office, simply
by signing a bond and having it signed by his securities without its being approved.
The bond is only effectual from date of its approval. The surities on a sheriff's bond
are only liable for acts of a legally constituted sheriff. Bruce v. State, 11 G. & J. 386.
And see Broome v. United States, 15 How. 156; Milburn v. State, 1 Md. 20, and
note (c).

That sheriff's bond which was in force at time default took place must be sued.
State v. Turner, 8 G. & J. 126. See also Heuitt v. State, 6 H. & J. 97.

The bond of a deputy sheriff is not liable for collection of state and county taxes,
though taxes be mentioned in condition of bond. Amos v. Johnson, 3 H. & McH. 216.

Where a creditor issues execution and sheriff collects the money, but surety of
debtor in ignorance of fact that sheriff has collected it pays creditor, this operates
as an equitable assignment to surety of creditor's claim against sheriff. Merryman
v. State, 5 H. & J. 426.

As to whether a judgment against principal is admissible in evidence in a suit
against surety, see Beall v. Beck, 3 H. & McH. 242, and note (a).

For a rejoinder, in a suit on a sheriff's bond for returning a writ of attachment so
negligently that it was quashed, held bad, see Proprietary v. Wright, 1 H. & McH. 49.

For cases apparently now inapplicable to this section by reason of changes in
the law, see State v. Baden, 11 Md. 317; State v. Lawson, 2 Gill, 62.

Cited but not construed in Ringgold's Case, 1 Bl. 25.

As to a sheriff's surety having a trustee appointed to complete sheriff's collections,
and as to injunction and receiver in such cases, see art. 90, sec. 10, et seq.

See art. 20, sec. 2, and notes.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1794, ch. 54, sec. 8.

3. He shall give such bond in each year of his sheriffalty before the
first day of January in each year; and the bond shall be recorded by the
clerk administering the oath of office.

A plea alleging that a bond was not executed within prescribed time as bond of
sheriff first returned to executive as duly elected is bad unless it further alleges that
bond was not legally executed and attested as bond of second so returned. State v.
Harrison, 9 G. & J. 18.

See notes to sec. 2.

An. Code, sec. 4. 1904, see. 4. 1888, sec. 4. 1794, ch. 54, sec. 8. 1867, ch. 314.

4. If any sheriff in office prior to the first day of any January next
preceding shall fail to give and offer for record the bond required in the
preceding section within ninety days after the said first day of January,
it shall be the duty of the clerks of the circuit courts for the respective
counties or of the clerk of the superior court of Baltimore city, as the
case may be, to give notice forthwith of such failure to the governor of
the State, whose duty it shall be at once to require the attorney general to
institute the proper proceedings to vacate the office of said sheriff and upon
said vacation to appoint a successor until the next general election. If the
bond hereinbefore required be filed within ninety days after the first day
of January in any year, it shall, in addition to the provisions hereinbefore
required, be so conditioned as to make the obligors in such bond responsi-
ble also for all official acts of said sheriff committed or done by him from
the said first day of January up to the date of the filing of the said bond
as well as thereafter.

Cited but not construed in Ringgold's Case, 1 Bl. 25.