FINES AND FORFEITURES 1641

ARTICLE 38.

FINES AND FORFEITURES.

	1. Mode of recovering.	4. Discharge from jail for non-payment of.
	2. To whom paid when recovered.	5. Distribution of fines and forfeitures.
	3. Informer's fees abolished.

An. Code, 1924, sec. 1. 1912, 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 omit-
ting 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 dig-
nity 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. 4. 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.

This and following section referred to in upholding act 1910, ch. 693, conferring
jurisdiction upon justices of the peace over violations of regulations relative to moving
picture machines, although no provision was made therein for a jury trial. State v.
Loden, 117 Md. 385.

Under this section, the court has the power to commit an offender to jail who has
not the money to pay his fine, although the offense is punishable by fine only. Dean v.
State, 98 Md. 84.

Under act, 1880, ch. 211, proceedings in all instances for recovery of fines must be
by indictment. This section construed in connection with local act, 1882, ch. 451,
relative to sale of fertilizers in Harford County. Snowden v. State, 69 Md. 207.

For an indictment under this section, see State v. Mott, 61 Md. 305.

Cited but not construed in Ex Parte Watkins, 7 Pet. 568.