MARVIN MANDEL, Governor                                      243

SUBTITLE 2. CIRCUIT COURT.

SEC. 7-201. PAYMENT AND WAIVER OF COSTS.

(A)   PAYMENT OF FEE REQUIRED.

EXCEPT FOR AN APPEAL FROM AN ADMINISTRATIVE AGENCY
OR CIVIL APPEAL FROM THE DISTRICT COURT, NO CASE AT
LAW OR IN EQUITY MAY BE DOCKETED AND NO WRIT OF
ATTACHMENT, FIERI FACIAS, OR EXECUTION ON JUDGMENT MAY
BE ISSUED UNLESS THE PLAINTIFF OR APPELLANT PAYS A FEE
AS SET FORTH IN §§ 7-202 AND 7-203.

(B)   WAIVER IN CASE OF INDIGENCY.

A COURT SHALL PASS AN ORDER WAIVING THE PAYMENT
IF:

(1)     UPON PETITION FOR WAIVER, IT IS
SATISFIED THAT THE PETITIONER IS UNABLE BY SEASON OF
HIS POVERTY TO MAKE THE PAYMENT; AND

(2)     THE PETITIONER'S ATTORNEY, IF ANY,
CERTIFIES THAT THE SUIT, APPEAL, OR WRIT IS
MERITORIOUS.

REVISOR'S NOTE: This section is new language
derived from Art. 36, §12(a) (1) and (2), as
amended by Ch. 532, Acts of 1973.

An attempt has been made to clarify the
language of former §12(a) (2) which appears
to apply only to Baltimore City. Rule 1311
makes the exception to the filing fee in
appeals from the District Court state—wide in
its application. Subsection (a) does not
conflict with Rule 1311 and is not intended
to supersede that rule.

The provision excepting appeals from
administrative agencies is not covered by
Rule. The section gives effect to the ruling
of the Court of Appeals in Glanville v. David

Hair Stylists, 249 Md. 162 (1968) which

interprets the predecessor of Art. 36, §12(a)
as excepting appeals from any administrative
agency (not merely the Workmen's Compensation
Commission) from the advance filing fee
requirements. As Ch. 532, Acts of 1973,
merely recodified the provisions of Art. 24,
§10 without substantive change, Glanville