174 COUNTY COMMISSIONERS. [ART. 28.

8. Whenever any suit or action, whether in the name of the
State or of an individual, shall be marked for the use of any
person, the person for whose use such suit or action is marked
shall be liable for costs as if he were the legal plaintiff.

9. The costs arising on the prosecution of any slave in any
court, whether such slave be convicted or acquitted, shall be
chargeable to and paid by the county or city where such prose-
cution may be had.

10. The defendant in any action may, at or before the trial
court, have a rule on the plaintiff to give security for the pay-
ment of the costs and charges which may be recovered against
him in such action, if the plaintiff is not a resident of this State
at the time the motion is made for such rule. On such rule being
laid the plaintiff shall have until the second day of the next term
of the court to comply therewith, and on his failure to do so he
shall be non-suited.

ARTICLE XXVIII.
County Commssioners.

SEC. 1. The County Commissioners of each county in this
State are declared to be a corporation, and shall have power to
appoint judges of election, collectors of taxes, trustees of the
poor, a clerk to their board, and all other officers, agents and
servants required for county purposes, not otherwise provided
for -by law or by the Constitution; and they shall have charge
of and control over the property owned by the county, and over
county roads and bridges.

2. They may sue and be sued, and may sue for any injury done
to the property of the county, or to recover possession thereof,
or may be sued by any claimant of such property.

3. The number of county commissioners in each county shall
be as fixed by the code of local law for each county.

4. They shall meet in their respective counties within sixty days
after their election, and qualify by taking the oaths required by