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fines, penalties and forfeitures which shall be imposed by any court of record of this State, together with the costs accruing thereon.

P. G. L., (1860,) art. 11, sec. 20. 1831, ch. 208, sec. 3.

19. In cases where recognizances to prosecute have been entered into, and before presentment or indictment found, the several courts of this State having jurisdiction of crimes and offences, upon the motion of the State's attorney, with the consent of the parties injured and accused, may compromise any assault and battery, the party accused paying the same costs as would have been incurred by the finding a true bill and plea of guilty; provided, such court shall consider it proper in reference to the peace of the State so to do.

Ibid. sec. 21. 1829, ch. 90, sec. 4.

20. The State's attorney in the several counties and the city of Baltimore, shall aid the comptrolller and treasurer in the adjustment of the accounts of the clerks, registers and sheriffs of their respective counties and the said city, with the State, and shall advise the comptroller and treasurer, when required, of such allowance as he ought or ought not to make the accountant for insolvency or non-residence; and for such service and for his professional services in the collection of the revenue, the comptroller may allow such attorneys five per cent. on all monies sued for and paid into the treasury.

Ibid, sec. 22. 1847, ch. 271. 1884, ch. 285. 1888, ch. 471.

21. It shall be the duty of the respective State's attorneys of the counties of this State, in making up their accounts against the board of county commissioners of their respective counties, for all such services and expenses as are properly chargeable against said board of county commissioners, to state fully and particularly the services rendered, and the time and place when and where said services were rendered, and the items of expenses incurred in the proper discharge of their duties, which account may include a reasonable trial fee for each case actually tried, to be allowed in the discretion of the court, as well as the appearance fee provided by law, and a reasonable compensation for all other

services performed by him; and which accounts, together with the affidavit of said State's attorney as to the correctness thereof, and the fairness of the charges therein made, shall be submitted by such State's attorneys to the judges of the circuit courts for the counties for which they are respectively the State's attorney; and it shall be the duty of said judges to examine said accounts, and if the items thereof are properly chargeable against said county commissioners, and the charges are fair and reasonable, the said judges shall endorse on said accounts their certificate to that effect; and upon the certificate aforesaid of the said judges, or a majority of them, being endorsed upon said accounts, the said accounts shall be filed with the clerk of the board of county commissioners of the respective counties, and it shall be the duty of the county commissioners of the respective counties to pass said accounts as certified to them by said judges, or a majority thereof; and it shall also be the duty of said county commissioners to levy and collect, for the use of the State's attorneys of their respective counties, the amounts of money so as aforesaid certified by said judges, or a majority of them, to be properly chargeable by said State's attorneys, at the same time and in the same manner that other county taxes are levied and collected; provided, that this section shall not prevent the commissioners of any county from allowing, in their discretion, a larger sum to the State's attorney of said county than the amount of the account so allowed and certified by said court or judges. This section shall not apply to Garrett county, for which a special law exists.

1868, ch. 285, sec. 1.

22. The comptroller of the treasury is authorized to adjust and settle the claims of any of the State's attorneys of the several counties and the city of Baltimore, for appearance fees in civil cases due them by the State, and for all fees similarly due for services rendered under the opinion of the attorney general in the matter of cases removed from said county for trial or otherwise, and to fix and determine the amount due to said State's attorneys, respectively, and to allow the same, and to issue his warrant upon the treasurer for the payment of such amounts, which said warrant the treasurer is hereby authorized to pay.

P. G. L., (1860,) art. 11, sec. 23. 1849, ch. 28, secs. 1-3. 1856, ch. 19. 23. Whenever it shall become necessary from the absence, sickness, resignation or death of any State's attorney, the several courts of this State shall have power to appoint some competent person to perform the duties of State's attorney in conducting criminal or civil cases depending in such court until a State's attorney shall be appointed and qualify, or be able to attend and act in person as the case may be, and the person so appointed shall receive the same compensation as the State's attorney. McCauley v. State, 21 Md. 568.

1864, ch. 243.

24. In any case where judgment shall be recovered by the State against any principal debtor and a surety or sureties, and said judgment shall be satisfied by said surety or sureties, the same shall be entered by the attorney representing the State to the use of the surety or sureties satisfying the same, on the said attorney filing in the case a certificate of the comptroller stating that said judgment has been so satisfied, and said surety or sureties shall then be entitled to execution in his or their own name or names against the principal and the other sureties, in the same manner and subject to the same provisions contained in sections. 6 and 7 of Article VIII.

Peacock v. Pembroke, 8 Md. 348,

Attorneys in Fact.

P. G. L., (1860,) art. 11, sec. 24. 1836, ch. 270.

25. All payments of money, transfers of property or other dealings made or had to or with any person acting under a power of attorney, or other agency duly executed or created by any person within this State, which would be binding upon the party giving such power of attorney or agency if the same was in full force and unrevoked at the time of such payment, transfer or other dealings, shall be equally binding and obligatory upon the representatives or other assignees of such party, although at the time aforesaid said party may be dead, or may have assigned his interest in such money, property or dealings; provided, that the

person paying, transferring or having such dealings with the person acting under such power of attorney or agency had not at the time notice of the death of the party giving such power or creating such agency, or of the fact of the assignment aforesaid. Eichelberger v. Sifford, 27 Md. 330.

P. G. L., (1860,) art. 11, sec. 25. 1838, ch. 49.

26. A power of attorney to transfer stock standing on the books of any corporation chartered by this State in the name of a partnership or firm, signed with the name of such partnership or firm, and sealed by one of the members thereof, acknowledged as directed in the next succeeding section, shall be as valid and effectual as if signed and sealed by all the members of such partnership or firm.

Ibid. sec. 26. 1838, ch. 49.

27. The member signing and sealing such power of attorney shall acknowledge the same before a justice of the peace of this State, or before a notary public, mayor of a corporation, or judge of a court of record, and shall have such acknowledgment, if made before a notary public, certified under his notarial seal, or if made before a mayor of a corporation, certified under the seal of such corporation, or if made before a judge of a court of record, certified by the clerk of the court under the seal of the court, or if it be made before a justice of the peace in any other county than that in which the transfer of stock is proposed to be made, the clerk of the circuit court for the county or the superior court of the city of Baltimore, where the justice resides, shall certify under the seal of the said court, that the said justice, at the time of said acknowledgment, was duly commissioned and sworn.

Ibid. sec. 27. 1856, ch. 154, sec. 21.

28. A power of attorney to execute a deed shall be executed, acknowledged and certified as required in section 27 of article 23, title "Conveyancing."

Land Co. v. Doll, 35 Md. 89. Posner v. Bayless. 59 Md. 56. Ruffin, 60 Md. 324.

Rosenthal .

ARTICLE XI.

BANKS.

1. Judgment for non-payment of Art. 4. Semi-annual

note.

2. Sci. fa. for refusal to pay specie. 3. Trustees of such defaulting bank. 4. Trustee to give bond.

5. Publication of unclaimed deposits. 6. Costs of such publication; how paid.

7. Penalty for failure to publish.

8. Counting and destruction of notes of insolvent bank.

9. Recovery on note payable to bank. 10. Annual statement to comptroller. 11. Issuing of bank notes.

12. May become a national bank. 13. Conditions. Vote of Stockholders. 14. Surrender of State charter. Liquidation.

15. Transfer of assets and debts. 16. Plates and dies to be destroyed. 17. Banking associations; how formed. 18. Powers of.

statements to

State treasurer.

5. Limit to issue of bank notes.

6. Oath of president and directors.

7. Limit to indebtedness.

8. Powers of board.

9. Dividends.

10. Pay of directors.

11. General meetings of stockholders.

12. Cashier or treasurer.

13. Real estate.

14. Corporate powers.

15. Bills or notes.

16. Transfer of shares of stock. 17. Prohibited loans. Stock to be

personal estate.

18. Notice of annual election. 19. Voting by stockholders. 20. In what funds to pay. 21. State tax on circulation.

19. Capital stock if located in Balti- 24. Defaulting bank to pay interest to

more city.

note-holders and depositors.

20. Capital stock if located elsewhere 25. Assets to be distributed amongst

in State.

21. Board of directors.

22. Affairs; how managed.

23. Rules, restrictions and limitations of said banks, viz:

Art. 1. Vote of stockholders.

2. Who eligible as directors or president.

creditors.

26. Distribution to be pro rata.

27. Stockholders to be individually

liable.

28. Sections 17-30 may be availed of by existing banks.

29. Not to resume when once closed by directors and stockholders.

3. Annual statement to stock- 30. Sections 17-30 in force until 1905. holders.

P. G. L., (1860,) art. 12, sec. 1. 1818, ch. 177. 1861, ch. 5. 1862, ch. 178.

1864, ch. 3.

1. Any person having a claim upon or holding a note of any bank in this State, under one hundred dollars, after demand of

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