242                                            LAWS OF MARYLAND                                [Ch. 2

OR POLITICAL SUBDIVISION IS PARTY.

(A)   IN GENERAL.

(1)    COSTS SHALL BE ALLOWED TO OR AWARDED
AGAINST THE STATE OR ONE OF ITS AGENCIES OR POLITICAL
SUBDIVISIONS WHICH IS A PARTY TO AN APPEAL FROM AN
EXECUTIVE, ADMINISTRATIVE, OR JUDICIAL DECISION, IN
THE SAME MANNER AS COSTS ARE ALLOWED TO OR AWARDED
AGAINST A PRIVATE LITIGANT.

(2)   THE STATE, ITS AGENCY, OR THE POLITICAL
SUBDIVISION SHALL PAY THE COSTS AWARDED AGAINST IT.

(B)   CRIMINAL CASES.

WHEN NOTIFIED BY THE ATTORNEY GENERAL, THE
POLITICAL SUBDIVISION IN WHICH A CRIMINAL CASE
ORIGINATED SHALL PAY IMMEDIATELY THE COSTS INCURRED BY
THE STATE.

(C)   FAILURE OF DEFENDANT TO PAY COSTS.

IF A DEFENDANT AGAINST WHOM COSTS ARE ASSESSED IN
A CRIMINAL APPEAL FAILS TO PAY THE COSTS OF THE
POLITICAL SUBDIVISION IN WHICH THE CASE ORIGINATED,
THE STATE'S ATTORNEY FOR THAT POLITICAL SUBDIVISION
SHALL TAKE THE NECESSARY STEPS TO RECOVER THEM.

REVISOR'S NOTE: This section is new language
derived from Art. 5, §23, edited for clarity
and consistency of form. While similar
provisions are contained in Md. Rules 882.f
and 1082.f, it is the Commission's policy to
retain in statutory form provisions requiring
payment of money by the State or its agencies
or subdivisions. Moreover, the statute is
broader than the rules cited, since the rules
apply only to the Court of Appeals and Court
of Special Appeals, whereas the statute
applies to any court acting in an appellate
capacity.

In subsection (a) , the enumeration of courts
exercising appellate jurisdiction is proposed
for deletion as unnecessary.

The last provision dealing with costs
incurred before enactment of this section is
proposed for deletion as obsolete. See Ch.
399, Acts of 1957.