SHERIFFS

3183

	Fines and Penalties.	Custody of Prisoners.
	38. To be answerable for, when imposed	44. To keep safely all committed to their
	by court.	custody.
	39. Fines, fees, etc., to be accounted for	45 To provide food and board for; care
	to state.	of sick prisoners.
	40. May require state's attorney to issue	46. Custody of prisoners committed under authority of United States.
	execution for.
	41. When returnable.	Deputy Sheriffs.
	42. To be payable to sheriffs, and by them	47-51. Members of fire companies may be
	to state treasurer, when.	designated as deputy sheriffs, when;
	43. What costs to be deducted.	Baltimore County only.

Oath of Office and Bond.

An. Code, 1924, sec. 1. 1912, 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, 1924, sec. 2. 1912, 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). 1939, chs. 267 & 568.

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
Baltimore 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
Baltimore, 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,
Cecil, St. Mary's, Dorchester, Anne Arundel, Queen Anne's, Wicomico,
Garrett, Worcester, Montgomery, Kent, Talbot, Baltimore and Caroline
Counties shall be required to give bond in the penalty of ten thousand
dollars, and for no greater sum.

Bond of sheriff liable for acts done by virtue of office, but not for acts done by
color of office. Illegal arrest and detention—bond not liable. State v. Fid. & Dep. Co.,
147 Md. 196.

Art. 87 cited in construing Art. 25, Sec. 21. Talbot Co. v. Carroll, 172 Md. 387.

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 substantial
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.

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 sureties without its being approved.
The bond is only effectual from date of its approval. The sureties on a sheriffs 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.