ART. 26] JUDGMENTS BY CONFESSION. 795

1904, art. 26, sec. 6. 1888, art. 26, sec. 6. 1860, art. 29, sec. 6. 1796, ch. 43, sec. 20.
1801, ch. 74, sec. 17. 1858, ch. 363. 1890, ch. 411.

6. The clerk of any court in this State may during the recess of said
court enter a judgment by confession with the assent of the parties or
attorneys in writing, which shall be filed with the titling, narr., cause
of action and other papers in the case in which said judgment is entered;
and a judgment so entered shall from the date of the entry of the same
by the clerk have the same effect as if entered during the session of
the court.

This section is the outgrowth of a tendency to simplify pleading and prac-
tice. The law as it stood prior to 1890, and the act of 1890, ch. 411, dis-
cussed. The parties assenting to the confession of judgment, implledly
consent to the entry of the Judgment. The authority of the clerk to enter
the judgment is derived not from the parties, but from the statute. This
section being in derogation of the common law, must be strictly construed,
but not so as to make It inoperative. Tyrrell v. Hilton, 92 Md. 186.

This section is to be construed in connection with section 39. It provides
a method by which a case not on the docket when the court adjourned,
may be put on the docket, and judgment entered as if the court was in ses-
sion. This section is not in conflict with section 39, and does not restrict
the Interpretation of the latter. Frostburg v. Tiddy, 63 Md. 519.

Appointment of Assistant Counsel.

Ibid. sec. 7. 1888, art. 26, sec. 7. 1860, art. 29, sec. 7. 1856, ch. 19, sec. 1.

1886, ch. 46.

7. The circuit courts for the several counties and the criminal court
of Baltimore may appoint assistant counsel for the State, to aid in the
trial of criminal or other State cases in said courts, whenever in the
judgment of the court in which any such case is pending public interest
requires it; and the said courts may likewise appoint counsel to defend
any person in the trial of any criminal case in said courts whenever in
the judgment of the court in which any such case is pending a just
regard for the rights of the accused requires it.

This section and section 8, in connection with article 24, section 266 of the
public local laws, held to confer authority upon the court not only to assign
counsel but to fix the counsel fee not exceeding the maximum mentioned in
section 8. Worcester County v. Melvin, 89 Md. 40; Anne Arundel County v.
Melvln, 107 Md. 536.

See art. 10, sec. 20, et seq.

Ibid. sec. 8. 1888, art. 26, sec. 8. 1860, art. 29, sec. 8. 1856, ch. 19, sec. 2.

1886, ch. 46.

8. The county commissioners of the several counties and the mayor
and city council of Baltimore shall levy and pay for the services
rendered by any person appointed by the court to assist in the prosecu-
tion or defense of any case; provided, the amount paid for such services
in any one case shall not exceed one hundred dollars; and provided,
that in no case tried in any court of criminal jurisdiction in the city
of Baltimore shall any attorney be entitled to demand or receive the
appearance fees for defending in criminal cases fixed by law except
when such fees are taxed against and paid by the accused as part of the
costs of the case.