2744 ARTICLE 87.

over the amount claimed, and such court shall render judgment against
such sheriff for the amount due from him; provided that no such judg-
ment shall be entered unless the person applying for the same shall exhibit
to the court an account of the sum due, verified by affidavit, and such other
proof as the court may require, and shall also prove to the satisfaction of
the court that he has served a copy of such account on said sheriff, and
demanded payment thereof at least twenty days before the meeting of
the court at which the application is made.

Where sheriff fails to account for fees by November first, he is "prima facie liable
for the same whether collected or not. He may meet this burden by showing insol-
vency and non-residence of parties from whom the fees were to be collected. A sheriff
failing to account under this section is liable to be proceeded against under this
section and sec. 34, or to have his bond put in suit; and if plaintiff cannot collect by
former method, he may adopt latter. State v. Tabler, 41 Md. 238; Mantz v. Collins,
4 H. & McH. 65.

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 34. 1779, ch. 25, sec. 18.

34. If such sheriff shall controvert the demand and desire a jury to
be empanelled, the court shall direct a jury to be immediately empanelled
to try an issue whether the said sheriff be chargeable with and liable to
pay any and what sum of money to the person so claiming and authorized
to receive the same, and the court shall pass judgment on the verdict of
the jury as in other cases and award execution; and no execution issued
on any judgment rendered under this or the preceding section shall be
stayed by writ of error, supersedeas, injunction or appeal.
See notes to sec. 33.

An. Code, sec. 36. 1904, sec. 36. 1888, sec. 35. 1788, ch. 31.

35. Any sheriff whose term has expired shall have the same power to
collect his own fees or any officers' fees previously placed in his hands for
collection for one year thereafter that he had during the time he was
sheriff and may distrain or execute for the same in the same manner as
if his commission had not expired.

An. Code, sec. 37. 1904, sec. 37. 1888, sec. 36. 1824, ch. 202, secs. 2-4. 1840, ch. 216, sec. 4.

1842, ch. 272, sec. 3.

36. If any sheriff shall die, his administrator may collect all fees placed
in the hands of such sheriff for collection, in the same manner and by the
same means as said sheriff might have done in his lifetime; provided, the
power to execute or distrain for such fees shall not extend beyond two
years after the date of his letters, and such fees shall be applied to the
payment of officers' fees due from the sheriff and not applied to any other
purpose until such officers' fees are paid.

An. Code, sec. 38. 1904, sec. 38. 1888, sec. 37. 1715, ch. 46, sec. 6.

37. No sheriff shall levy a distress or execution for officers' fees if
the person from whom such fees are claimed shall produce the former
sheriff's receipt or otherwise make it appear that the said fees have been
paid, under a penalty of fifty dollars for each offense.