several parties to whom said costs and expenses are due, the several amounts thereof, and in what county said parties respectively reside.

P. G. L., (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. 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. 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. 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 herein before directed to levy and pay the same.

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

Ibid. 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.

P. G. L., (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 . 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 G. & 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. 10. 1796, ch. 43, sec. 12. 1801, ch. 74, sec. 9.

9. The defendant in any action may, at or before the trial court, have a rule on the plaintiff to give security for the payment of the costs and charges which may be recovered against him in such action, if the plaintiff is not a resident of this State at the time the motion is made for such rule. On such rule being laid the plaintiff shall have until the second day of the next term of the court to comply therewith, and on his failure to do so he shall be non-suited.

Berry v. Griffith, 1 H. & G. 440. Stimmel v. Underwood, 3 G. & J. 285. Haney. Marshall, 9 Md. 194. Spencer . Trafford, 42 Md. 1. State use of Fallon. Layman, 46 Md. 190.

18. Violation of sections 15 and 16; 47. Quorum; if no quorum, county

22. To be built by contract; public 50. New assessment after five years.

52. To keep account of expenditures.

24. Payment upon completion; how 53. Payments, how made.

60. Applicant for such to pay expenses 87. Oath of examiners.

thereof.

88. Meeting of examiners.

61. Assessments upon parties benefited 89. Report to county commissioners. by such. 90. To give reasons for their opinion.

62. Such ditch to remain open, how 91. Consent of owner, when necessary;

long.

63. Penalties for stopping drains.
64. Compensation of commissioners.
65. Compensation of managers; sur-
veyor; clerk.

Baltimore and Washington counties excepted.

92. Width of roads.

93. Ascertainment of damages, how made.

66. Vacancy in commissioners, how 94. By whom to be paid.

filled.

95. To whom to be paid.

67. Mill rights not to be interfered 96. Petitioners to pay costs when petition dismissed.

with.

68. Guardian to protect minors' rights. 97. Action of county commissioners 69. Notice to non-resident owners. 70. Amendments of petitions.

71. Appeal to circuit court; jury trial.
72. Where ditches cross public roads,
managers to erect bridges.
73. What notice to be given by com-
missioners before proceeding.
74. County commissioners to appoint
a day to hear objections; notice
thereof.

75. Proceedings by treasurer of ditch.
76. Sections 35-76 to apply to all
lands requiring drainage.

Meridian Line.

77. How to be established.

on return of examiners. 98. Compensation of examiners. 99. Levy to pay cost of opening.

78. County commissioners to provide 106. Private road through lands in an

standard measure.

79. Surveyor to note and record variation of his compass, annually. 80. Compensation of clerk for recording same.

81. Penalty for injuring pillars or meridian line.

adjoining county, how obtained. 107. Private road to quarry. 108. County commissioners to prescribe continuance and use of. Private road from mill, factory, distillery, quarry or lime kiln, to railroad.

109.

82. Cost of establishing meridian line 110. to be paid by county commissioners.

Public Roads,

83. Petition for to county commissioners.

84. What notice petitioner to give. 85. Counter petitions.

86. Modes of opening; proceedings for.

111.

Assessment of damages; location of crossings.

Railway may be laid on such private road.

112. Private railroad not to pass
through quarry.

113. Ten days' notice required before
commissioners appointed.
114. Apportionment of damages
amongst owners.

115. Compensation of commissioners, how paid.

116. Road not to run through garden or yard.

117. Appeal to circuit court.

Public Landings.

118. County commissioners may establish.

119. Proceedings similar to these for public roads.

General Provisions.

P. G. L., (1860,) art. 28, sec. 1. 1874, ch. 411.

1. The county commissioners of each county in this State, are declared to be a corporation, and shall have full power to appoint judges of election, road supervisors, collectors of taxes, trustees of the poor, a clerk to their board, and all other officers, agents, and servants required for county purposes, not otherwise provided for by law or by the constitution, and they shall have charge of and control over the property owned by the county, and over county roads and bridges, and whenever in their opinion the public interests require or will be thereby advanced, may commit the whole matter of grading and constructing public roads, and the repairs thereof, and the construction and repairs of public bridges, to the charge of competent and scientifically educated civil engineers, who shall direct and manage all such public works under the immediate control of said county commissioners, and who shall hold office for such time, with such salary, under such bond and subject to such regulations as may be directed by the said county commissioners from time to time, and calculated to secure competent officers, and a faithful discharge of duty; and the county commissioners of each county shall also have power to locate, alter or change the places of holding elections in the different election districts or townships of their respective counties, as may afford the best opportunity for full and fair expression of popular will.

State v. B. & O. R. R. Co., 12 G. & J. 399. Doyle . The Comm'rs of Balto. Co., 12 G. & J. 484. Comm'rs of Washington Co. v. Nesbit, 6 Md. 468. State . Dunnington et al., 12 Md. 341. Comm'rs of Pub. Sch. v. Co. Comm'rs of A. Co., 20 Md. 467. Co. Comm'rs of A. A. Co. v. Duckett, 20 Md. 468. State o Price, 21 Md. 448. Gibson v. Co. Comm'rs, 36 Md. 229. Co. Comm'rs v. Baker, 44 Md. 1. Eyler v. Co. Comm'rs of Allegany Co., 49 Md. 269. Co.. Comm'rs of Prince George's Co. v. Comm'rs of Laurel, 51 Md. 461.

1888, ch. 467.

2. They shall also in their respective counties, have control over all the public roads, streets and alleys, except in incorpo