ART. 25] GENERAL DUTIES. '769

The duty conferred by this section ia not discretionary, but Imperative,
Eyler v. Allegany County, 49 Md. 269; Commissioners of Public Schools v.
Allegany County, 20 Md. 458.

The county commissioners must make a levy to cover lawful claims against
the county, such as that of a lawyer appointed under article 26, section 7;
if they decline to perform this duty, mandamus lies. Worcester County v.
Melvin, 89 Md. 39.

The county commissioners must pay the fees in criminal cases of all wit-
nesses summoned on behalf of the state, and of those summoned on behalf of
the defendant where he is discharged or acquitted, or fined not exceeding
fifteen cents. Schamel v. Washington County, 83 Md. 129. See also, Hall v.
Somerset County, 82 Md. 620.

Under this section, the county commissioners must provide for any local
object sanctioned by the legislature. Commissioners of Public Schools v.
Allegany County, 20 Md. 458.

Taxes may be levied to pay for the erection of a fireproof vault in which
to keep court records. Smith Fire Proof Co. v. Munroe, 97 Md. 371.

The county commissioners are not required to pay for the preparation of a
general index of deeds, etc., for use in the clerk's office, and if they make a
levy therefor a taxpayer may enjoin them. Peter v. Prettyman, 62 Md. 571.
See also, Webster v. Baltimore County, 51 Md. 399.

Objections not well taken to various items included in a levy. Webster v.
Baltimore County, 51 Md. 399.

This section construed in connection wtih article 81, section 46, in dealing
with the liability of the surety on a tax collector's bond. Fidelity Co. v.
Charles County, 98 Md. 173.

This section referred to in determining whether the county commissioners
were liable for personal injuries (see notes to section 1). Anne Arundel
County v. Duckett, 20 Md. 475.

Cited but not construed in Prince George's County v. Mitchell, 97 Md. 339;
Faust v. Twenty-third German Bldg. Assn., 84 Md. 193; Baltimore County v.
Baker, 44 Md. 10.

See sections 21, 41 and 103, and notes to sec. 6.

See art. 24, sec. 4.

As to taxation and the duties of the county commissioners relative thereto,
see art. 81.

1904, art. 25. sec. 8. 1888, art. 25, sec. 8. 1860, art. 28, sec. 6. 1794, ch. 53, sec. 11.

8. They shall allow no claim against the county not properly charge-
able to the same and for which the claimant shall not produce a legal
voucher.

Ibid. sec. 9. 1888, art. 25, sec. 9. 1860, art 28, sec. 7. 1807, ch. 129.
1852, ch. 337, sec. 14.

9. They shall, when satisfied that any error has arisen by assessing
property not liable to be assessed, rectify such error and levy and pay
to the proper person any money that may have been paid in consequence
of such error.

It Is immaterial whether the error is a mistake of fact or of law. The
commissioners must provide for such erroneous payment, they being liable
for money had and received; if they decline to do so, mandamus lies after
Judgment. George's Creek, etc., Co. v. Allegany County, 59 Md. 256.

Where taxes were improperly paid to a county instead of to a city, if the
city compels a second payment of the taxes, the taxpayer may recover from
the county. Frederick County v. Frederick City, 88 Md. 664.
See art. 81, sections 15, et seq., 158, 166 and 204.

Ibid. sec. 10. 1888, art. 25, sec. 10. 1860, art. 28, sec. 8. 1860, ch. 175.

10. Whenever any lands in any of the counties in this State shall
greatly depreciate in value by reason of the diminished value of the
49