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the city of Baltimore or in any of the counties of the State, as is now required by law to inspect and stamp measures, and the person neglecting so to have the same stamped and inspected shall be subject to the same fines and penalties as are now or may hereafter be prescribed by law for neglecting to have inspected and stamped the said gallon measure, and any person using any other measure than the one above prescribed in any such oyster house or similar place in this State or any proprietor of any of said house using any other than the above prescribed measures to measure any oysters received by him from shuckers, shall be guilty of a misdemeanor, and on conviction thereof before any justice of the peace in said city or county, shall be fined not less than ten nor more than one hundred dollars, in the discretion of the justice of the peace trying the same, and shall stand committed until such fine and costs are paid, which fine shall be paid to the State of Maryland; but the person so convicted shall have the right of appeal, as now provided by law in other criminal

cases.

Comptroller's Duties.
1894, ch. 380.

68. It shall be the duty of the comptroller to furnish the clerks of the several courts of the State with forms of applications and license, and of the reports or returns required by the preceding sections; and it shall be the further duty of the comptroller to furnish all other blanks required under this article.

Nothing in this article shall be construed to apply to Worcester county as to the taking or catching of oysters in the waters of said county.

ARTICLE LXXIV.

PILOTS.

2. The board of examiners of Mary- 16. What vessels required to pay

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posed. Pilots to pay said board 17. What vessels exempt.

$1,000 to defray expenses.

1892, ch. 532.

2. The board of examiners of Maryland pilots shall consist of three members, composed of the following persons: The president of the Board of Trade, the president of the Corn and Flour Exchange and the president of the Pilot Association, and the pilots shall pay the said board one thousand dollars a year to defray the expenses of said board.

1896, ch. 40.

16. All masters of foreign vessels and vessels from a foreign port, and all vessels sailing under register bound to and from Baltimore city, except vessels employed in and licensed for the coasting trade, and American vessels laden either in whole or in part with coke or coal mined in the United States, shall take a licensed pilot, or in case of refusal to take such pilot shall themselves, their owners or consignees, pay the said pilotage as if one had been employed, and such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessels before Cape Henry bears south, if inward bound.

Ibid.

17. Vessels employed in and licensed for the coasting trade shall be exempt from the duty of employing a pilot, and the vessels, as well as their masters, owners, agents or consignees, shall be exempt from the duty of paying pilotage, half pilotage, or any penalty whatsoever in case of their neglect or refusal to do so; any American vessel laden either in whole or in part with coke or coal mined in the United States shall be exempt from the duty of taking a pilot, and the vessel, as well as her master, owner, agent or consignee, shall be exempt from the duty of paying pilotage, or half pilotage, or any penalty whatsoever in case of his neglect or refusal so to do. But a coastwise vessel or such American vessel, laden either in whole or in part with coke or coal, mined as aforesaid, voluntarily taking a pilot, shall pay the same fee for pilotage as prescribed in the case of a vessel bound to or from a foreign port.

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Powers of Next Friend to Com- Legal Sufficiency of Evidence.

promise Suits.

54. "Next friend" or prochein ami

may compromise suit for
infant; proviso.

Measure of Damages for Ab

stracting Minerals from
Plaintiff's Land.

87 A. Persons furtively or in bad

87 G. Defendant may offer evidence,
though the court reject his
prayer at end of plaintiff's
case, that plaintiff has
offered no evidence legally
sufficient to entitle him to

recover.

Possession-Writs Of.

faith abstracting minerals 88. Writ of habere facias possessionem,

from the land of another
shall be charged the whole
value of the minerals.
Otherwise, if abstracted
without fraud or negligence.

Supplementary Proceedings.
87 B. Order of court requiring at-
tendance of judgment debtor
to be examined regarding
concealed property or
credits.

87 c. Person or corporation having property of the judgment

debtor to attend also.

how obtained. Penalty for re-
entry by evicted party.

Removal of Cases from Courts of
Law to Courts of Equity,
and Vice Versa.

107 A. Causes may be removed from
courts of law to courts of
equity, and vice versa.

Special Findings of Facts.
115 A. Special findings of facts by
court or jury.

PROCESS.

87 D. Said parties shall testify under 132. Where defendants shall be sued;

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oath.

PLEADINGS.

1896, ch. 367.

excepted cases.

Ch. 449

22 A. Whenever any fire insurance company shall have a duly 1902 accredited agent in any county or city of this State resident therein, in which any dwelling, barn, warehouse or other buildings, covered by insurance in such company, shall be destroyed

or damaged by fire, and such insurance company shall neglect or refuse to pay the damages sustained by the owner thereof, such owner may bring suit against said company and prosecute the same in any court of competent jurisdiction as other suits are brought and prosecuted in the several courts of this State by having service served on such resident agent as fully as if service had been made on the director or directors of such company; and the judgment rendered in such case shall have the same force and effect as other judgments rendered by the said courts would or could have.

PRACTICE.

Powers of "Next Friend" to Compromise Suits.

1898, ch. 241.

54 A. The "next friend," or prochein ami, who shall have brought any suit at law for the benefit of any infant or infants, shall have authority to compromise and settle said suit and the cause of action; provided, that whenever such "next friend" shall not be a parent of the infant or a person standing in loco parentis, the consent of such parent or other person shall first be had and obtained; and if both parents be dead and there be no other person having the care and custody of the infant, the authority of the orphans' court of the city or county in which such suit has been brought shall be requisite to give validity to the proposed compromise or settlement; but such authority shall never be granted except upon written application therefor by such "next friend" setting forth under oath all the facts of the case and the reasons why such compromise or settlement is deemed to be for the best interest of the infant. This section shall apply to suits brought by the State of Maryland for the use of infants as equitable plaintiffs, as well as to suits brought by infants as plaintiffs by their "next friend."

Measure of Damages for Abstracting Minerals from Plaintiff's Land. 1894, ch. 287.

87A. In the absence of fraud, negligence or willful trespass, the measure of damages for the wrongful working and abstracting of another's minerals, is the value of the minerals in their native state, before severance, to the person from whose property they

were taken, at the time of the taking; but if one furtively, or in bad faith, works and abstracts minerals from the land of another, the party so offending may be charged with the whole value of the minerals taken, and allowed no deduction in respect of his labor and expenses in getting them.

Supplementary Proceedings.

1890, ch. 558.

87 B. At any time within which an attachınent or execution might issue upon a judgment or decree, upon satisfactory proof being made to the court by affidavit or otherwise by the judgment creditor, that it is probable that the judgment debtor has property or credits which would be liable to said attachment or execution, and that the said judgment debtor is concealing or has concealed or disposed of the same with intent to evade the effect of said judgment, the court wherein said judgment was rendered shall issue an order requiring said debtor to attend, and be examined concerning said property or credits at a time and place specified in said order, either in open court or before a standing commissioner or examiner as therein directed; the judge, commissioner or examiner may adjourn the proceedings under such order from time to time as he may think proper, and at any stage of the proceedings, the court may in its discretion make a further order that any other examination or testimony be taken by a commissioner or examiner designated therein.

Ibid.

87 c. If it shall appear upon proof, by affidavit or otherwise, to the satisfaction of the court, that any person or corporation has property of the judgment debtor or is indebted to him in a sum of money, the judgment creditor shall be entitled to an order requiring such person or any of the officers of such corporation, to attend and be examined as provided in the preceding section, concerning the debt or other property, at a time and place specified in said order.

Ibid.

87 D. Upon an examination under either of the two preceding sections, such parties shall testify under oath, and shall not be excused from answering any questions on the ground that such

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