COSTS. 865
ARTICLE 24.
COSTS.1
1. What county liable for, in removed
cases.
2. Clerks to keep full account of.
3. Costs in county where case tried, first
payable.
4. County commissioners to levy for.
5. Clerks to make annual returns of;
penalty.
6. Secs. 1-5 applicable to Baltimore city.
|
7. Party acquitted not liable for; excep-
tion in Baltimore city.
8. Equitable plaintiff liable for.
9. Non-resident plaintiff or a resident as-
signee of non-resident plaintiff may
be required by defendant to give
security for costs.
10. Cost of surety bonds.
|
An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1852, ch. 169, sec. 1. 1854, ch. 269, sec. 1.
1. The costs and expenses incident to the trial of actions, issues and
presentments removed from one county to another, which are properly
chargeable to the county, shall be borne and paid by the county from
which the same are removed.
This section means that all costs and expenses incurred during the trial of a
removed case or occasioned by such trial, shall be paid by the county where case
originated. This includes cost of meals furnished jurors and bailiff having jurors
in charge. Allegany County v. Howard County, 57 Md. 394.
The per diem of the jury (whether on special panel or not) and of sheriff, bailiff
or other subordinate officials necessary to the court, come under purview of this
section. Howard County v. Frederick County, 30 Md. 434.
Act of 1854, ch. 269, compared with local act of 1852, ch. 315. Purpose of former.
Baltimore City v. Baltimore County, 19 Md. 560.
For a case involving act 1823, ch. 67, see Price v. State, 8 Gill, 312.
See art. 75, sec. 115.
An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1852, ch. 169, sec. 2. 1854, ch. 269, sec. 2.
2. The clerks of the several courts to which such cases may be removed
shall make and keep a full and accurate account of the said costs and
expenses, and shall certify and return the same as well to the county com-
missioners of the county where said cases originated as to the county com-
missioners of the county where the same were tried, setting forth in said
return the names of the several parties to whom said costs and expenses
are due, the several amounts thereof, and in what county said parties
respectively reside.
The accounts which clerks are required to keep and certify, are of costs and ex-
penses incident to trials of all actions, etc., removed from one county to another
which are properly chargeable to the county; such as are common to all counties
of the state. Baltimore City v. Baltimore County, 19 Md. 561.
Cited but not construed in Howard County v. Frederick County, 30 Md. 434
See art. 17, sec. 41.
1 See art. 3, sec. 45, Md. Constitution.
29
|
![clear space](../../../images/clear.gif) |