Jamison v. State ex rel. Resley

Robinson, J., delivered the opinion of the Court.- This is a suit on a sheriff’s bond for fees placed in his hands for collection by the appellee, formerly clerk of the Circuit Court for Allegany County. The questions to he determined arise upon the defendants’ eighth and ninth pleas, to both of which the plaintiff demurred. As a defence to the action, the defendants by their eighth plea, allege that the sheriff was unable to collect the fees mentioned in the declaration, by distress, execution or otherwise, on account of the plaintiff’s failure to make them out in a fair and clear manner, and in words at length as required by law. The law requires that all accounts for officers’ fees, shall he made out “in a fair and clear manner, and in words at length,” and it further provides that “ whenever any person interested in them, or to whom the same shall he charged, shall require a copy of such account, the several officers herein named shall, in as short a time as may he convenient, give him an account of such charges in words at length.” Article 38, sec. 1, Article 18, sec. 32, Md. Code.

The object of the law was to enable all persons against whom fees were charged by the several officers of the State, to understand precisely the nature and character of such charges, and also to prevent such officers from charging improper and illegal fees. The several statutes were passed in the interest and for the protection of the fee debtor. If such accounts are not made out as prescribed by law, the debtor may object to the payment of the same on that ground, and if such objection he made, the officer must “ in as short a time as may he convenient, make out the account in words at length.” ¹⁰⁴ This is a privilege however which the debtor may waive, and he may pay the account although it is not made in the manner prescribed. Here the action