1912 SHERIFFS. [ART. 87

such absconding debtor shall give the sheriff good and suffi-
cient security for the payment of such officers' fees within
sixty days, the sheriff shall not sell his goods or chattels.

1888, art. 87, sec. 32. 1860, art. 88, sec. 49. 1779, ch. 25, sec. 17.

33. 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. 33. 1860, art. 88, sec. 50. 1779, ch. 25, sec. 18.

34. 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 receive 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. 34. 1860, art. 88. sec. 51. 1779, ch. 25, sec. 18.

35. If such sheriff shall controvert the demand and desire
a jury to be empanelled, the court shall direct a jury to be
immediately empanelled to try an issue whether the said sheriff
be chargeable with and liable to pay any and what sum of
money to the person so claiming and authorized to receive the
same, and the court shall pass judgment on the verdict of the
jury as in other cases and award execution; and no execution
issued on any judgment rendered under this or the preceding
section shall be stayed by writ of error, supersedeas, injunction
or appeal.
State v. Tabler, 41 Md. 236.