General Applicability of this Article to all Corporations. 1888, art. 23, sec. 303. 1868, ch. 471, sec. 216.

417. All corporations heretofore formed under the general laws of this State relating to corporations, or under any special law, are hereby declared to be entitled to the benefit of and to be subject to all the regulations in this article contained, for the government of the corporations herein referred to, so far as the same be applicable to said several corporations heretofore formed as aforesaid; and shall also have the benefit and be subject to the processes, remedies or proceedings by this article authorized to be taken by or against the corporations herein referred to, so far as the same be applicable to the several corporations heretofore formed as aforesaid.

Goodman v. Jedidjah Lodge, 67 Md. 125. Turnpike Co. v. Startzman, 86 Md. 363. Erb v. Grimes, 94 Md. 105.

ARTICLE XXIV.

COSTS.

1. What county liable for, in re-
moved cases.

2. Clerks to keep full account of.
3. Costs in county where case tried,
first payable.

4. County commissioners to levy for.
5. Clerks to make annual returns of;
penalty.

6. Sections 1-5 applicable to Baltimore city.

1888, art. 24, sec. 1.

1860, art. 27, sec. 1. 1852, ch. 169, sec. 1.
1854, ch. 269, sec. 1.

1. The costs and expenses incident to the trial of actions, issues and presentments removed from one county to another, which are properly chargeable to the county, shall be borne and paid by the county from which the same are removed.

Co. Comm'rs of Howard Co. v. Co. Comm'rs of Frederick Co., 30 Md. 432. Co. Comm'rs of Allegany Co. v. Co. Comm'rs of Howard Co., 57 Md. 396.

1888, art. 24, sec. 2. 1860, art. 27, sec. 2. 1852, ch. 169, sec. 2:

1854, ch. 269, sec. 2.

2. The clerks of the several courts to which such cases may be removed shall make and keep a full and accurate account of the said costs and expenses, and shall certify and return the same as well to the county commissioners of the county where said cases originated as to the county commissioners of the county where the same were tried, setting forth in said return the names of the several parties to whom said costs and expenses are due, the several amounts thereof, and in what county said parties respectively reside.

Ibid. sec. 3. 1860, art. 27, sec. 3. 1854, ch. 269, sec. 3.

3. So much of the said costs and expenses as are due to persons resident in the county where said cases are tried or removed to shall first be paid by that county in the same manner as similar costs and expenses in cases originating in said county are paid.

Ibid. sec. 4. 1860, art. 27, sec 4. 1852, ch. 169, sec. 3. 1854, ch. 269, sec. 4. 4. The county commissioners of the county from which such cases are removed, at the first annual levy after the said returns are made by the clerks, shall levy in gross for the use of the county to which said cases are removed for trial so much of the said costs and expenses as are required by the preceding section to be first paid by that county, and the residue for the several parties entitled thereto by said returns. Ibid. sec. 5. 1860, art. 27, sec. 5. 1854, ch. 269, sec. 5. 5. The returns of the clerks of the courts required by this article shall be made annually in the month of June between the first and tenth of said month; and for each neglect by any clerk of the duties imposed by this article in relation thereto, he shall forfeit and pay the sum of fifty dollars, recoverable by indictment, one-half to the informer and the other half to the county of which he is clerk.

Ibid. sec. 6. 1860, art. 27, sec. 6. 1854, ch. 269, sec. 6.

6. The preceding sections of this article shall be applicable to all cases removed to or from the city of Baltimore; and in cases removed from said city the returns hereinbefore required to be made to the county commissioners shall be made to the mayor and city council of Baltimore, who shall levy and pay the costs in the same manner as the county commissioners are hereinbefore directed to levy and pay the same.

M. & C. C. of Balto. v. Co. Comm'rs of Howard Co., 61 Md. 326.

1888, art. 24, sec. 7. 1860, art. 27, sec. 7. 1781, ch. 11. 1886, ch. 46.

7. No person who may be prosecuted for any misdemeanor or offence and discharged by the court on submission, or fined not 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 presentment 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.

Schamel v. Washington Co., 83 Md. 129.

Ibid. sec. 8. 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 v. Greenwell, 4 G. & J. 407. State v. Turner, 8 &. & 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. 9. 1860, art. 27, sec. 10. 1796, ch. 43, sec. 12. 1801, ch. 74, sec. 9. 1900, ch. 382.

9. The defendant in any action may at or before the trial court have a rule on the plaintiff or plaintiffs to give security for the payment of costs and charges which may be recovered against him or them in such action if the plaintiff or plaintiffs, or any of them, is not a resident or are not residents of this State at the time the motion is made for such rule; provided, that such rule shall be had only against a non-resident plaintiff or plaintiffs, or against a resident plaintiff or plaintiffs, who is an assignee or are assignees of or stand in the place of a non-resident plaintiff or plaintiffs. On such rule being laid, the plaintiff or plaintiffs shall have until the second day of the next term of the court to comply therewith, and on his or their failure to do so he or they shall be non-suited.

Stimmel v. Underwood, 3 G. & J. 285. Spencer v. Trafford, 42 Md. 1. State use of Heinekamp v. Bratt, 74 Md. 388. Holt v.

Berry v. Griffith, 1 H. & G. 440. Haney v. Marshall, 9 Md. 194. Fallon v. Layman, 46 Md. 190. Tenallytown R. R., 81 Md. 220.

COUNTY COMMISSIONERS.