MARVIN MANDEL, Governor                                 55

ANY OFFICER WHO NEGLECTS OR REFUSES TO BRING A
DETAINED PERSON INTO COURT WHEN A WRIT OF HABEAS
CORPUS COMMANDS IT SHALL FORFEIT $500 TO THE PERSON
DETAINED.

(B) JUDGMENT AGAINST SHERIFF.

ON MOTION OF THE STATE'S ATTORNEY THE COURT MAY
ORDER JUDGMENT TO BE ENTERED AGAINST THE SHERIFF IN
THE AMOUNT OF THE AMERCEMENT, OR IN THE AMOUNT OF THE
PENALTY OR JUDGMENT AND COSTS ENTERED AGAINST THE
PERSON WHO FAILED TO APPEAR.

REVISOR'S NOTE: Subsection (a) is new language
derived from Art. 42, §§ 11 and 12. The
section is apparently intended to provide
compensation for a person who is denied a
hearing on a writ of habeas corpus. The
section duplicates Art. 42, §11, however,
§12 is somewhat broader as it applies to
all officers. It is not clear why §11 was
originally passed in 1819, since §12 was
already law. Sections 11 and 12 are
proposed for repeal.

Subsection (b) is new language derived from
Art. 87, §8 which is proposed for repeal.

SEC. 2-306. SHERIFF'S RIGHT OF SUBROGATION.

IF A SHERIFF PAYS THE PLAINTIFF AN AMOUNT ORDERED
BY THE COURT AS AN AMERCEMENT, HE IS ENTITLED TO THE
FULL BENEFIT OF THE CAUSE OF ACTION OR JUDGMENT AND
MAY PROCEED AGAINST THE DEFENDANT IN ANY MANNER THE
PLAINTIFF MIGHT HAVE PROCEEDED.

REVISOR'S NOTE: This section is new language
derived from Art. 87, §13.

SEC. 2-307. BOOKS AND RECORDS OF SHERIFF.

A SHERIFF SHALL KEEP AN OFFICIAL RECORD OF THE
FEES AND CHARGES HE COLLECTS AND THOSE WHICH REMAIN TO
BE COLLECTED. THE OFFICIAL RECORD SHALL REMAIN IN THE
SHERIFF'S OFFICE AFTER THE EXPIRATION OF A SHERIFF'S
TERM AND MAY BE AUDITED BY THE COUNTY GOVERNMENT.

REVISOR'S NOTE: This section is new language
derived from Art. 87, §39. This section is
similar to Art. 87, §36. Both are proposed
for repeal.