GOVERNOR—EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS 1727

An. Code, 1924, sec. 20. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1782, ch. 12, sec. 1.

1904, ch. 552.

47. The governor may remit the whole or any part of any recognizance
which may be forfeited; provided, the judge of the court in which such
forfeiture took place shall recommend the remission of the whole or some
part thereof. And provided further that the governor may remit the whole
or any part of any recognizance taken by a justice of the peace and forfeited
upon recommendation of said justice of the peace, or upon such other recom-
mendation or statements of the fact as the governor may deem satisfactory.

An. Code, 1924, sec. 21. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1828, ch. 129, sec. 17.

48. The part of any fine or forfeiture belonging to an informer shall
not be remitted by the governor, but he may remit any fine or forfeiture, or
any part thereof, not belonging to an informer.

An. Code, 1924, sec. 22. 1912, sec. 10. 1904, sec. 10. 1888, sec. 10. 1832, ch. 155.

49. No nolle prosequi shall be granted by the governor but on condition
that the cost of prosecution shall be paid by the person applying for the
same.

Until condition is performed, nolle prosequi is inoperative. State v. Morgan, 33 Md. 47.

An. Code, 1924, sec. 23. 1912, sec. 11. 1904, sec. 11. 1888, sec. 11. 1782, ch. 42, sec. 5.

50. The governor may remit the whole or any part of any fine imposed
by any militia court martial.

An. Code, 1924, sec. 24. 1912, sec. 12. 1904, sec. 12. 1888, sec. 12. 1786, ch. 22, sec. 2.

51. Upon complaint made against any civil or military officer who can
be removed or suspended by the governor, the governor may summon before
him any witnesses to testify for or against such complaint, and may allow
such witnesses one dollar a day for their attendance, and itinerant charges,
and may enforce the attendance of such witnesses in the same manner as

the courts may.

Secs. 51, 52 and 53 do not contemplate either a suspension or removal of a civil
officer before a hearing. This and the following sections referred to in deciding that
Governor had no express power to suspend a civil officer, and that such power was
not implied from power to remove upon trial. Cull v. Wheltle, 114 Md. 84.

Without this section, and secs. 52 and 53, the powers therein given could not be
exercised by Governor, such powers not being conferred upon him by implication.
Groome v. Gwinn, 43 Md. 628. And see Cull v. Wheltle, 114 Md. 85.

The Governor's proceedings held to be in accordance with secs. 51 to 53. Construc-
tion of art. 2, sec. 15, of Md. Constitution. Harman v. Harwood, 58 Md. 10. And see
Cull v. Wheltle, 114 Md. 84.

An. Code, 1924, sec. 25. 1912, sec. 13. 1904, sec. 13. 1888, sec. 13. 1786, ch. 22, sec. 2.

52. Upon complaints made under the preceding section, the party
complained against shall have a copy of the complaint and notice of the
time when the governor will inquire into and examine the same.
See notes to sec. 51.

An. Code, 1924, sec. 26. 1912, sec. 14. 1904, sec. 14. 1888, sec. 14. 1786, ch. 22, sec. 3.

53. The cost arising upon any such complaint, the governor may order
to be paid, either by the party making the complaint, the party complained
against, or the State; and if order to be paid by either of the parties,
the governor may enforce the payment in the same manner and by the