392 ARTICLE 10

An. Code, 1924, sec. 27. 1912, sec. 26. 1904, sec. 25. 1888, sec. 23. 1849, ch. 28, secs. 1-3.

1856, ch. 19.

39. Whenever it shall become necessary from the absence, sickness,
resignation or death of any State's attorney, the several courts of this
State shall have power to appoint some competent person to perform the
duties of State's attorney in conducting criminal or civil cases depending
in such court until a State's attorney shall be appointed and qualify, or be
able to attend and act in person, as the case may be, and the person so
appointed shall receive the same compensation as the State's attorney.

Cited but not construed in McCauley v. State, 21 Md. 568; Coblentz v. State, 164
Md. 564.

An. Code, 1924, sec. 28. 1912, sec. 27. 1904, sec. 26. 1888, sec. 24. 1864, ch. 243.

40. In any case where judgment shall be recovered by the State against
any principal debtor and a surety or sureties, and said judgment shall be
satisfied by said surety or sureties, the same shall be entered by the attorney
representing the State to the use of the surety or sureties satisfying the
same, on the said attorney filing in the case a certificate of the comptroller
stating that said judgment has been so satisfied, and said surety or sirreties
shall then be entitled to execution in his, her or their own name or names
against the principal and other sureties, in the same manner and subject
to the same provisions contained in sections 6 and 7 of Article 8.

This section apparently grew out of the decision in Peacock v. Pembroke, 8 Md. 348.

This section is substantially the same as art. 8, sec. 8—see notes thereto.

Attorneys in Fact.

An. Code, 1924, sec. 29. 1912, sec. 28. 1904, sec. 27. 1888, sec. 25. 1836, ch. 270.

41. All payments of money, transfers of property or other dealings
made or had to or with any person acting under a power of attorney, or other
agency duly executed or created by any person within this State, which
would be binding upon the party giving such power of attorney or agency
if the same was in full force and unrevoked at the time of such payment,
transfer, or other dealings, shall be equally binding and obligatory upon the
representatives or other assignees of such party, although at the time afore-
said said party may be dead, or may have assigned his interest in such
money, property or dealings; provided, that the person paying, transferring
or having such dealings with the person acting under such power of attor-
ney or agency had not at the time notice of the death of the party giving
such power or creating such agency, or of the fact of the assignment
aforesaid.

An. Code, 1924, sec. 30. 1912, sec. 31. 1904, sec. 30. 1888, sec. 28. 1856, ch. 154, sec. 21.

42. A power of attorney to execute a deed shall be executed, acknowl-
edged and certified as required in section 29 of article 21, title "Convey-
ancing."

Unless the power of attorney is executed, acknowledged and recorded, as required,
the deed is invalid. Citizens' Fire Ins. Co. v. Doll, 35 Md. 103.

The power of attorney may be recorded either at or before the recording of the deed.
Rosenthal v. Ruffin, 60 Md. 326. (See art. 21, sec. 27.)

As to the powers of attorney authorizing the execution of releases to guardians, etc.,
see art. 79, secs. 4 and 5.