ART. 87.] SHERIFFS—OFFICERS' FEES. 1291

P. G. L , (1860,) art 88, sec 48 1779, ch. 25, sec. 13. 1822, ch. 219, sec. 2.

31. If he shall be informed by the affidavit of any one, taken
before a justice of the peace, that a person against whom he has
fees to collect has absconded, or is about to do so, the sheriff may
distrain or execute immediately, without having previously deliv-
ered an account of fees; provided, that if any such absconding
debtor shall give the sheriff good and sufficient security for the
payment of such officers' fees within sixty days, the sheriff shall
not sell his goods or chattels.

Ibid sec. 49. 1779, ch. 25, sec. 17.

32. In all cases of distress or execution for officers' fees the
sheriff may sell the goods and chattels distrained or executed, at
public auction, five days after the same are so taken, unless such
officers' fees are paid, but the sheriff shall not charge any fees for
such distress, execution or sale.

Ibid. sec. 50. 1779, ch. 25, sec. 18.

33. The sheriff shall, before the first day of November in each
year, account with and pay over to each officer who may have
placed fees in his hands for collection; and if any sheriff shall
refuse or neglect to pay over officers' fees which he has received
or collected, or ought to have collected, the person entitled to re-
ceive the same may apply to the circuit court for the county or any
of the courts in the city of Baltimore having jurisdiction over the
amount claimed, and such court shall render judgment against,
such sheriff for the amount due from him; provided, that no such
judgment 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.

State v. Tabler, 41 Md 236.

Ibid. sec. 51. 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 immedi-