3192 ARTICLE 87

sheriff and may distrain or execute for the same in the same manner as
if his commission had not expired.

An. Code, 1924, sec. 36. 1912, 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 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, 1924, sec. 37. 1912, 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.

Fines and Penalties.

An. Code, 1924, sec. 38. 1912, 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 art. 38. secs. 2 and 3. Baltimore v. Deegan,
163 Md. 235.

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, 1924, sec. 39. 1912, 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, 1924, sec. 40. 1912, 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