ART. 41] REMISSION OF RECOGNIZANCES. 1055

aforesaid, or that he returned contrary thereto, the court shall direct
the fact to be tried by the jury, and if they find against the person, the
court shall pass such judgment as the law requires for the crime com-
mitted.

1904, art. 41, sec. 8. 1888, art. 41, sec. 8. 1860, art. 42, sec. 9. 1782, ch. 12, sec. 1.

1904, ch. 552.

8. The governor may remit the whole or any part of any recogniz-
ance which may be forfeited; provided, the judge of the court in which
such forfeiture took place shall recommend the remission of the whole
or some part thereof. And provided further that the governor may
remit the whole or any part of any recognizance taken by a justice of
the peace and forfeited upon recommendation of said justice of the
peace, or upon such other recommendation or statements of the fact as
the governor may deem satisfactory.

Ibid. sec. 9. 1888, art. 41, sec. 9. 1860, art. 42, sec. 10. 1828, ch. 129, sec. 17.

9. The part of any fine or forfeiture belonging to an informer shall
not be remitted by the governor, but he may remit any fine or forfeiture,
or any part thereof, not belonging to an informer.

Ibid. sec. 10. 1888, art. 41, sec. 10. 1860, art. 42, sec. 11. 1832, ch. 155.

10. No nolle prosequi shall be granted by the governor but on condi-
tion that the costs of prosecution shall be paid by the person applying
for the same.

Until the condition is performed, the nolle prosequi is inoperative. State v.
Morgan, 33 Md. 47.

Ibid. sec. 11. 1888, art. 41, sec. 11. 1860, art. 42, sec. 12.
1782, ch. 42, sec. 5.

11. The governor may remit the whole or any part of any fine
imposed by any militia court martial.

Ibid. sec. 12. 1888, art. 41, sec. 12. 1860, art. 42, sec. 13.
1786, ch. 22, sec. 2.

12. Upon complaint made against any civil or military officer who
can be removed or suspended by the governor, the governor may sum-
mon before him any witnesses to testify for or against such complaint,
and may allow such witnesses one dollar a day for their attendance,
and itinerant charges, and may enforce the attendance of such witnesses
in the same manner as the courts may.

Sections 12, 13 and 14 do not contemplate either a suspension or removal
of a civil officer before a hearing. This and the following sections referred to
in deciding that the governor had no express power to suspend a civil officer,
and that such power was not implied from the power to remove upon trial.
Cull v. Wheltle, 114 Md. 84.

Without this section, and sections 13 and 14, the .powers therein given
could not be exercised by the governor, such powers not being conferred
upon him by implication. Groome v. Gwinn, 43 Md. 628. And see Cull v.
Wheltle, 114 Md. 85.

The governor's proceedings held to be in accordance with sections 12 to 14.
Construction of article 2, section 15. of the Maryland constitution. Harman
v. Harwood, 58 Md. 10. And see Cull v. Wheltle, 114 Md. 84.