ART. 24.] COSTS. 403

exceeding 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 pre-
sentment 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. The mayor and city council of Baltimore shall not,
however, be liable in any such cases tried in the criminal court
of Baltimore, for the appearance fees allowed by law to the
attorney of the traverser.

P. G. L., (1860,) art. 27, sec. 8. 1794, ch. 54, sec. 10. 1796, ch. 43, sec. 13.
1801, ch. 74, sec. 10.

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.

Lane's Lessee v. Gover, 1 H. & McH. 459. Wilson v. Hammitt, 1 H. & J.
141. Harris v. Jaffray, 3 H. & J. 543. Charlotte Hall School o Greenwell,
4 G. & J. 407. State v. Turner, 8 G & J. 125. Selby et al. v. Clayton, 7 Gill,
242. Groshon v. Thomas, 20 Md. 247. State use of Fallon v. Layman, 46 Md.
190,

Ibid. sec. 10. 1796, ch. 43, sec. 12. 1801, ch. 74, sec. 9.

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 action, 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 comply therewith, and on his failure to do so he
shall be non-suited.

Berry v. Griffith, 1 H. & G. 440. Stimmel v. Underwood, 3 G. & J. 285.
Haney v. Marshall, 9 Md. 194. Spencer v. Trafford, 42 Md. 1. State use of
Fallon v. Layman, 46 Md. 190.