Marvin Mandel, Governor                         657

Section 53. And be it further enacted, That Section 43 of Ar-
ticle 64A, Annotated Code of Maryland (1972 Replacement Volume),
title "Merit System," be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

43. Civil suits brought and defended by Secretary of Personnel;
suits by citizens.

It shall be the duty of the Secretary of Personnel to begin and
conduct all civil suits which may be necessary for the proper enforce-
ment of this article and of the rules of the Secretary and to defend
all civil suits which may be brought against the Secretary. The Sec-
retary shall be represented in such suits and in all legal matters by
the Attorney General of the State. Any citizen of the State may
maintain an action in any court [of record or before any justice of
the peace] of competent jurisdiction to recover, for the use of the
State, any sums paid contrary to the provisions of this article or of
the rules of the Secretary from the person or persons authorizing
or making such payment to enjoin such person or persons from mak-
ing such authorization, or to enjoin the Secretary from attaching his
certificate to a payroll, if a certificate is provided for by rule, in
violation of the provisions of this article. No judgment, decree or other
order of any court [or of any justice of the peace] entered upon the
recovery of any such sums for the State shall be entered "satisfied" or
"released" except upon the written order of the Attorney General.

Section 54. And be it further enacted, That Sections 45, 49, and
50 of Article 65, Annotated Code of Maryland (1972 Replacement
Volume), title "Militia," subtitle "In General," be and they are hereby
repealed and re-enacted, with amendments, to read as follows:

45. Same—Collection of fines.

Upon the finding of any such court-martial imposing any of said
fines, and upon the approval of the findings by the officer appointing:
the court, the fine or fines so imposed shall be and become at once
payable, and in case any officer or enlisted man, upon whom a fine has
been imposed in accordance with the provisions of this section, shall
fail, refuse or neglect to pay the fine so imposed upon him within
ten days after he shall have been notified thereof, the said fine may
be collected in the name of the State [before any justice of the peace
having criminal jurisdiction] in the District Court sitting in the
county or city where the delinquent resides, in the same manner as
other fines or offenses against the general police regulations of the
State are collected, upon the certificate in writing of the proper com-
manding officer, setting forth the findings of the court-martial and
his approval thereof, upon the production of the said certificate before
the [said justice of the peace] court, and upon the arrest and produc-
tion of the offender before the [said justice of the peace] court, the
[said justice] court shall forthwith adjudge and require the fines
so certified as having been imposed and approved, together with all
the costs of the proceedings before him, to be paid, and in default of
payments of said fines and costs as aforesaid, [said justice shall]
the court may commit the delinquent to the jail of the city or county
where the said delinquent resides, [for one day for every dollar of
the said aggregate amount of fine and costs, but in no case shall the
period of imprisonment exceed ten days] pursuant to Article 38,