ATTORNEYS AT LAW AND ATTORNEYS IN FACT 391

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 f or 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, imma-
terial. 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 sub-
mitted 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 sec-
tion requiring the judges to approve accounts, is constitutional. Goldsborough v. Lloyd,
86 Md. 378. See also Robey v. Prince George's County, 92 Md. 158.

An. Code, 1924, sec. 26. 1912, sec. 25. 1904, sec. 24. 1888, sec. 22. 1868, ch. 285, sec. 1.

38. 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
the attorney general in the matter of cases removed from said county for
trial or otherwise, and to fix and determine the amount due to said State's
attorneys, respectively, and to allow the same, and to issue his warrant
upon the treasurer for the payment of such amounts, which said warrant
the treasurer is hereby authorized to pay.

As to the payment of the compensation of the state's attorney in removed cases, see
art. 75, sec. 115.

See art. 19, sec. 30, and notes to sec. 25 (this article).