438 COURTS. [ART. 26.

hundred dollars; and provided, that in no case tried in any
court of criminal jurisdiction in the city of Baltimore, shall any
attorney be entitled to demand or receive the appearance fees for
defending in criminal cases, fixed by law, except when such fees,
are taxed against and paid by the accused as part of the costs of
the case.

Appointment of Auditors.
P. G. L., (1860,) art. 29, sec. 9. 1785, ch. 80, sec. 12. 1888, ch. 447.

9. In all actions' brought in any court founded on account, or
on which it may be necessary to examine and determine on
accounts between the parties, the court may order the accounts,
and dealings between the parties to be audited and stated by an
auditor or auditors to be appointed by such court, and there shall
be the same proceedings thereon as in courts of equity upon bills
for an account, reserving to the parties, however, the right to a
jury trial if demanded.

Mantz e Collins, 4 H. & McH. 65. Hamilton v. Conine, 28 Md. 635. Wis-
ner v. Wilhelm, 48 Md. 1.

Appointment ef Surveyor.

P. G. L., (1860,) art. 29, sec. 10. 1827, ch. 44, sec. 1.

10. In any case pending in any court where it is necessary to
lay out and locate any lands where, upon the application of either
party to such suit, the court shall be of opinion that the county
surveyor is in any manner interested or prejudiced against either
of the parties; or if either of the parties shall make oath that he
believes the county surveyor is interested or prejudiced, the court
may appoint some competent person to lay out, locate or survey
said lands.

Ibid. sec. 11. 1827, ch. 44, sec. 2.

11. The person so appointed, before he proceeds to act, shall
take an oath before some justice of the peace that he will faith-
fully, without favor, affection or prejudice, perform the service
for which he was appointed by the court; which oath shall be
certified by the justice, and shall accompany such return as the
surveyor shall make to the court in the case.

Ibid. sec. 12. 1827, ch. 44, sec. 1.

12. The person so appointed shall receive such fees as are
allowed by law to the county surveyor for like services.