ART. 24] EQUITABLE PLAINTIFFS——SECURITY FOR COSTS. 761

be burdened with the payment of any costs or fees accruing on such
prosecution, but all such costs and fees, with the legal costs of the party
accused, shall be paid by the county; and no person taken upon any
warrant or capias on presentment where no bill of indictment is found
shall be liable to pay or give security for costs, but such costs shall be
paid by the county. The mayor and city council of Baltimore shall not,
however, be liable in any such cases tried in the criminal court of
Baltimore for the appearance fees allowed by law to the attorney of
the traverser.

This section only applies in case the defendant is acquitted, or fined not
exceeding fifteen cents. Schamer v. Washington County, 83 Md. 129.

1904, art. 24, sec. 8. 1888, art. 24, sec. 8. 1860, art. 27, sec. 8. 1794, ch. 54, sec. 10.
1796, ch. 43, sec. 13. 1801, ch. 74, sec. 10.

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.

The liability of the cestui que use for costs, becomes fixed the moment the
case is marked to his use with his knowledge and consent, and continues as
long as that of the legal plaintiff lasts. History of this section. It is Imma-
terial that the cestui que use acquires no Interest in the suit or Judgment or
that the entry is made only for collateral security. An order in the lower
court (pending an appeal) substituting one cestui que use for another, has
no effect on the Judgment for costs in the court of appeals. Budell v. Green,
104 Md. 375; Wilson v. Williams, 106 Md. 672.

Where, pending an appeal and without consent of court, an order is filed
with the clerk of the court of appeals striking out the name of the equitable
plaintiff and Inserting another person as equitable plaintiff, the former
remains liable for costs incurred at the time his name was stricken out.
Wilson v. Williams, 106 Md. 672.

This section applies to chancery proceedings as well as to those at law. The
legal and equitable plaintiffs are both liable for costs. Wilson v. Williams,
106 Md. 672. See also, Selby v. Clayton, 7 Gill, 243.

An infant, who is defendant In a suit by his guardian, is liable for costs.
Lane v. Cover, 1 H. & McH. 459.

While the costs are adjudged against the legal plaintiff, the defendant
may proceed against him, or against the equitable plaintiff. Selby v Clayton,
7 Gill, 243.

Costs may be entered against the state under this section, but the equitable
plaintiff is liable for such costs. State v. Greeuwell, 4 G. & J. 417.

This section applied, where the suit is brought In the name of the state.
State v. Layman, 46 Md. 192.

For a case dealing with the act of 1794, ch. 54, section 10, see Logan v.
State, 39 Md. 187.

Ibid. sec. 9. 1888, art. 24, sec. 9. 1860, art. 27, sec. 10. 1796, ch. 43, sec. 12.
1801, ch. 74, sec. 9. 1900, ch. 382.

9. The defendant in any action may at or before the trial court
have a rule on the plaintiff or plaintiffs to give security for the payment
of costs and charges which may be recovered against him or them in
such action if the plaintiff or plaintiffs, or any of them, is not a resident
or are not residents of this State at the time the motion is made for
such rule; provided, that such rule shall be had only against a non-
resident plaintiff or plaintiffs, or against a resident plaintiff or plaintiffs,
who is an assignee or are assignees of or stand in the place of a non-