Mayor of Baltimore v. Deegan

Adkins, J., delivered the opinion of the Court. The question in this case is whether Chapter 37 of the Acts of 1931 relating to the disposition of fines and forfeitures repealed section 4-38 of the City Charter. The suit was by the city to recover from the sheriff of Baltimore City all the fines, penalties, and forfeitures accruing in the criminal courts of said city, collected by him during the month of February, 1932. It appears from an agreed statement of facts that the sheriff recovered during said month the sum of $1,375.35, of which sum 35 cents was fines for violation of city ordinances, leaving a balance of $1,375.

The contention of the city was and is that the city is entitled to all of this sum except (1) $25 for violation of the automobile law, which law makes a specific direction as to the disposition of the fine, and (2) $264, properly deducted by the sheriff for his appearance fees. The court found that the city was entitled to one half the balance left after deducting these amounts, and judgment was accordingly entered for $543, plus the 35 cents, fines for violation of city ordinances. The appeal is from that judgment. By section 38 of article 87 of the Code it is provided that: “The sheriff shall be answerable for all fines, penalties and forfeitures imposed on the inhabitants of his county or of Baltimore City by any court of record of this State, unless he can show that the party on whom the same has been imposed is insolvent.” Section 42 of article 87 provides that: “All fines, forfeitures, penalties and costs imposed as aforesaid are to be paid to the sheriff, who shall pay the same, except the costs, to the treasurer on or before the tenth of November in each year, and the costs to the person entitled to receive them; provided when any person is entitled to any part of a fine, forfeiture or penalty as informer or otherwise the same shall be paid by said sheriff to such person.” ²³⁶ Section 2 of article 38, prior to chapter 37 of the Acts of 1931, provided that: “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.” Section 4 of article 38, prior to chapter 225 of the Acts of 1931, provided that half of these fines and forfeitures should go, in the counties, to the clerks, to be expended under the direction of the judges of the respective courts for the augmentation of the libraries of said courts, and in Baltimore City to the Library Company of the Baltimore Bar, said sum not to exceed $3,000; and this section not to apply to certain excepted counties. By the Act of 1931, ch. 225, this section was amended, increasing to $7,500 the limit as to the Bar Library Company. Section 438 of the Baltimore City Charter (Code Pub. Loc.

Laws 1930, art. 4, sec. 438), provides that: “One-half of all fines adjudged by and accruing in the Criminal Court of Baltimore, when secured by the sheriff of Baltimore City, shall be paid to the Mayor and City Council of Baltimore, and out of said fines the judge of said court may order and direct to be paid to the State’s Attorney of said city such additional fees in cases of extraordinary duration and trouble, as he may deem just and reasonable, but this section shall not have any effect upon the rights of informers.” In State v. Green, 120 Md. 681 , 87 A. 1101 , all the above statutes being then in the Code, this court held that, in the absence of claims by informers, half of all fines and forfeitures were payable to Baltimore- City and half to the State-. Chapter 37 of the Acts of 1931 is as follows: “An Act to repeal and re-enact, with amendments, Section 2 of Article 38 of the Annotated Code of Maryland (1924 Edition), title ‘Fines and Forfeitures/ and to add one new section to said Article 38, the said new section to be numbered Section 2A, and to follow immediately after ²³⁷ Section 2 of said Article, so as to prohibit the payment of informer’s fees. “Section 1. Be it enacted by the General Assembly of Maryland, That Section 2 of Article 38 of the Annotated Code of Maryland (1924 Edition), title ‘Fines and Forfeitures,’ be and the same is hereby repealed and re-enacted, with amendments, to read as follows: “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.