ART. 38] HOW AND BY WHOM RECOVERED. 1135

any such offense by any court having jurisdiction in the prem-
ises, he shall be sentenced to the fine or penalty prescribed by
such act of assembly or ordinance and to the costs of his pros-
ecution; and in default of payment thereof he shall be commit-
ted to jail until thence discharged by due course of law. Any
indictment for the violation of any ordinance of any incorpo-
rated 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 dignity of the State."

Day v. State, 7 Gill, 322. Rawlings v. State, 1 Md. 127. Ibid. 2 Md. 201.
State v. Mace, 5 Md. 337. Broadbent v. State, 7 Md. 429. State v. Mott, 61
Md. 297.

1888, art. 37, sec. 2. 1860, art. 40, sec. 3. 1777, ch. 6. 1842, ch. 22.

2. All fines, penalties and forfeitures, when recovered, shall
be paid to the county or city where the same may be imposed
unless directed to be paid otherwise by the law imposing them,
but if there be an informer he shall have half unless otherwise
provided. This section not to apply to fines or forfeitures for
offenses at common law.

Ibid. sec. 3. 1874, ch. 59. 1898, ch. 87.

3. Any person who shall or may hereafter be committed to
jail on any charge, including contempt of court, by the judg-
ment of any court of justice or by any justice of the peace of
this State for non-payment of any fine and costs not exceeding
the sum of fifty dollars, who shall have remained in custody
as aforesaid for the space of thirty days, or any person who
shall or may hereafter be committed to jail aforesaid for non-
payment of any fine and costs above fifty and not exceeding one
hundred and fifty dollars who shall have remained in custody
aforesaid for the space of sixty days, or any person who shall
or may hereafter be committed to jail aforesaid for the non-
payment of any fine and costs above one hundred and fifty and
not exceeding five hundred dollars who shall have remained in
custody aforesaid for the space of ninety days, or any person
who shall or may hereafter be committed to jail aforesaid for
the non-payment of any fine and costs above five hundred
dollars who shall have remained in custody aforesaid for the
space of six months shall be discharged from further imprison-
ment on account of said fine and costs.

1898, ch. 407. 1900, ch. 23, sec. 4. 1904, chs. 178, 541.

4. One-half the fines imposed and recognizances forfeited
to the circuit court for the several counties of the State shall