ART. 10] STATE'S ATTOENEY. 231

not prevent the commissioners of any county from allowing, in their
discretion, a larger sum to the State's attorney of said county than the
amount of the accounts 30 allowed and certified by said court or judges.
This section shall not apply to Garrett county, Allegany county and
Anne Arundel county.

If one of the judges refuses to certify under this section, the account should

be submitted to the other judges of the circuit for certification. No one of

the circuit judges can by mandamus compel another to certify.

Quaere, whether the portion of this section requiring the judges to approve

accounts, is constitutional. Goldsborough v. Lloyd, 86 Md. 378. See also.

Robey v. Prince George's County, 92 Md, 158.

1904. art. 10, sec. 24. 1888, art. 10, sec. 22. 1868, ch. 235, sec. 1.

25. The comptroller of the treasury is authorized to adjust and
settle the claims of any of the State's attorneys of the several counties
and the city of Baltimore for appearance fees in civil cases due them
by the State, and for all fees similarly due for services rendered under
the opinion of the attorney general in the matter of cases removed from
said county for trial or otherwise, and to fix and determine the amount
due to said State's attorneys, respectively, and to allow the same, and
to issue his warrant upon the treasurer for the payment of such amounts,
which said warrant the treasurer is hereby authorized to pay.

As to the payment of the compensation of the state's attorney in removed
cases, see art. 75, sec. 108.

See art. 19, sec. 30.

Ibid. sec. 25. 1888, art. 10, sec. 23. 1860, art. 11, sec. 23. 1849. ch. 28, sees. 1-3.

1856, ch. 19.

26. Whenever it shall become necessary from the absence, sickness,
resignation or death of any State's attorney, the several courts of this
State shall have power to appoint some competent person to perform
the duties of State's attorney in conducting criminal or civil cases
depending in such court until a State's attorney shall be appointed and
qualify, or be able to attend and act in person, as the case may be, and
the person so appointed shall receive the same compensation as the
State's attorney.

Cited but not construed in McCauley v. State, 21 Md. 568.

Ibid. sec. 26. 1888, art. 10, sec. 24. 1864, ch. 243.

27. In any case where judgment shall be recovered by the State
against any principal debtor and a surety or sureties, and said judg-
ment shall be satisfied by said surety or sureties, the same shall be
entered by the attorney representing the State to the rise of the surety
or sureties satisfying the same, on the said attorney filing in the case a
certificate of the comptroller stating that said judgment has been so
satisfied, and said surety or sureties shall then be entitled to execution
in his, her or their own name or names against the principal and other
sureties, in the same manner and subject to the same provisions con-
tained in sections 6 and 7 of Article VIII.

This section apparently grew out of the decision in Peacock v. Pembroke,
8 Md. 348.

This section is substantially the same as art. 8, sec. 8—see notes thereto.