566

COSTS AND FEES. [ART. 63.

Id s 4
1852, c 169, s 3;
1854, c 2fi9, s 4
County com-
missioners to
levy for use of
county to which
cases removed

4m The county commissioners of the county from whence such
cases are removed, shall, at the first annual levy after the said re-
turns made by the clerks, levy in gross for the use of the county
where said cases are removed for trial, so much of the said costs and
expenses as are required by the preceding section to be first paid by
that county, and the residue for the several parties entitled thereto
by said return.

Id. s 5
1854, c 269, s 5.
Returns of
clerks of courts,
when to be
made.

5. The returns of the clerks of the courts required by this article
shall be made annually in the mouth of June, between the first and
tenth of said month, and for each neglect by any clerk of the duties
imposed by this article in relation thereto, he shall forfeit and pay

Penalty for
neglect

the sum of fifty dollars, recoverable by indictment, one-half to the
informer, and the other half to the county of which he is clerk.

Id s 6.
1864, c 269, s 6
Preceding sec-
tions applicable
to city of Balti-
more
19 Md. 554

6. The preceding sections of this article shall be applicable to all
cases removed to or from the city of Baltimore, and in cases removed
from said city, the returns hereinbefore required to be made to the
county commissioners shall be made to the mayor and city council

Returns to be
made to mayor
and city council.

of Baltimore, who shall levy and pay the costs in the same manner
. as the county commissioners are hereinbefore directed to levy and
pay the same.

COSTS ON ACQUITTAL OF ACCUSED.

Art 27 s 7.
1781, c 11
When county
to pay on
acquittal
33 Md 44.

7. No person who may be prosecuted for any misdemeanor or of-
fence, and discharged by the court on submission, or fined not ex-
ceeding fifteen cents, or prosecuted for any crime and acquitted on
trial by jury, shall be burdened with the payment of any costs or
fees accruing on such prosecution, but all such costs and fees, with
the legal costs of the party accused, shall be paid by the county;
and no person taken upon any warrant or capias, on presentment,
where no bill of indictment is found, shall be liable to pay or give
security for costs, but such costs shall be paid by the county.

Art. 27, s. 8
1794, c 54, s 10;
1796, c 43, s 13
When cestue que
use liable for
costs
39 Md 178, 48.
Md 192, 7 Gill
242, 3 G & J
75, 188, 4 G &,
J 407

IN SUIT IN NAME OF STATE, ETC.

8. Whenever any suit or action, whether in the name of the State
or of an individual, shall be marked for the use of any person, the
person for whose use such suit or action is marked, shall be liable
for costs as if he were the legal plaintiff.

RULE, SECURITY FOR COSTS.

Art 27, s 10
1796, c. 43, s 12
1801, c 74, s 9
When security
maybe required
at law.
9 Md 194, 42
Md. 1, 46 Md
192, 47 Md 330

9. The defendant in any action may, at or before the trial-court,
have a rule on the plaintiff to give security for the payment of the
costs and charges, which may be recovered against him in such ac-
tion, if the plaintiff is not a resident of this State at the time the
motion is made for such rule. On such rule being laid, the plaintiff
shall have until the second day of the next term of the court to com-
ply therewith, and on his failure to do so he shall be nonsuited.