SHERIFFS. 2745

Fines and Penalties.

An. Code, sec. 39. 1904, sec. 39. 1888, sec. 38. 1795, ch. 74, sec. 7.

38. The sheriff shall be answerable for all fines, penalties and for-
feitures imposed on the inhabitants of his county or of Baltimore city by
any court of record of this State unless he can show that the party on
whom the same was imposed is insolvent.

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

Cited but not construed in Levy Court v. Ringgold, 5 Pet. 451.
See notes to sec. 40, and to art. 15, sec. 1, Md. Constitution.

An. Code, sec. 39A. 1912, ch. 418.

39. The Sheriff of Baltimore City shall pay over to the State of Mary-
land 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 Mary-
land, 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 taking 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.

An. Code, sec. 40. 1904, sec. 40. 1888, sec. 39. 1795, ch. 74, sec. 2. 1828, ch. 11, sec. 1.

40. He may require the state's attorney to issue an execution for all
fines, penalties or forfeitures so imposed and the costs; provided that any
person adjudged to pay a fine or penalty may enter into a recognizance
with security for the payment of the "same and costs within sixty days
and no execution shall issue for the same until the expiration of the sixty
days.

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 recognizance had
been properly forfeited, this section held inapplicable. A recognizance is an obligation
of record, and when forfeiture is declared and entered by court, it becomes a judg-
ment and enforceable by execution. Backus v. State, 118 Md. 539.

The record of a recognizance taken in open court, held sufficient to overcome denial
of cognisor, and of a supporting witness, that he entered into such recognizance.
Practice in taking recognizances. Docket entries. Form of recognizance. Albrecht v.
State, 132 Md. 152.

Cited but not construed in Levy Court v. Ringgold, 5 Pet. 451.

An. Code, sec. 41. 1904, sec. 41. 1888, sec. 40. 1795, ch. 74, sec. 4.

41. All such executions shall be returnable at the next term succeed-
ing the issuing thereof.

An. Code, sec. 42. 1904, sec. 42. 1888, sec. 41. 1795, ch. 74, secs. 3-6.

42. All fines, forfeitures, penalties and costs imposed as aforesaid are
to be paid to the sheriff, who shall pay the same, except the costs, to the