ATTORNEYS AT LAW AND ATTORNEYS IN FACT. 315

An. Code, sec. 24. 1904, sec. 23. 1888, sec. 21. 1847, ch. 271. 1884, ch. 285. 1888, ch. 471.
1902, chs. 398, 452. 1904, chs. 106, 171, 176.

25. It shall be the duty of the respective State's attorneys of the
counties of this State, in making up their accounts against the board of
county commissioners of their respective counties, for all such services and
expenses as are properly chargeable against said board of county commis-
sioners, to state fully and particularly the services rendered, and the time
and place when and where said services were rendered, and the items of
expenses incurred in the proper discharge of their duties, which account
may include a reasonable trial fee for each case actually tried, to be
allowed in the discretion of the court, as well as the appearance fee provided
by law, and a reasonable compensation for all other services performed by
him ; and which accounts, together with the affidavit of said State's attorney
as to the correctness thereof, and the fairness of the charges therein made,
shall be submitted by such State's attorneys to the judges of the circuit
courts for their respective counties; and it shall be the duty of said judges
to examine said accounts, and if the items thereof are properly chargeable
against said county commissioners, and the charges are fair and reasonable,
the said judges shall endorse on said accounts their certificate to that effect;
and upon the certificate aforesaid of the said judges, or a majority of them,
being endorsed upon said accounts, the said accounts shall be filed with the
clerk of the board of county commissioners of the respective counties and it
shall be the duty of the county commissioners of the respective counties to
pass said accounts as certified to them by said judges, or a majority thereof;
and it shall also be the duty of said county commissioners to levy and collect,
for the use of the State's attorneys of their respective counties, the amounts.-
of money so as aforesaid certified by said judges, or a majority of them, to
be properly chargeable by said State's attorneys, at the same time and in the
same manner that other county taxes are levied and collected; provided, that
this section shall not prevent the commissioners of any county from allow-
ing, in their discretion, a larger sum to the State's attorney of said county
than the amount of the accounts so allowed and certified by said court or
judges. This section shall not apply to Garrett county, Allegany county
and Anne Arundel county.

In view of this section and sec. 26 and of art. 15, sec. 1, and art. 5, sec. 9, of the
Md. Constitution, appearance fees received by state's attorneys are required to be
reported to the comptroller and the excess over the prescribed salary paid annually
into the state treasury. Compensation of state's attorney of Somerset county
limited to his annual salary—fact that appearance fees were paid to the clerk of
the court, immaterial. Mandamus not proper remedy. Tull v. Sterling, 133 Md. 166.

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. Golds-
borough v. Lloyd, 86 Md. 378. See also Robey v. Prince George's County, 92 Md. 158.

An. Code, sec. 25. 1904, sec. 24. 1888, sec. 22. 1868, ch. 285, sec. 1.

26. 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