County Commissioners of Howard County v. County Commissioners of Frederick County

Miller, J., delivered the opinion of the Court. The correctness of the judgment from which these cross-appeals were taken, depends upon -the proper construction of the first section of the 27th Article of the Code of Public General Laws, which provides that: “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 bo borne and paid by the county from which the same are removed.” ⁴³⁴ The record shows the suit was instituted by the County Commissioners of Howard county to recover from the County Commissioners of Frederick county, the amount of costs and expenses incident to the trial of an action of replevin in the Circuit Court for Howard county, which had been removed to that Court from the Circuit Court for Frederick county, in which the cause originated. The trial from its 'commencement up to the time when the arguments of counsel were closed and the case submitted to the jury, occupied the whole time of the sittings of the Court for nine-and-a-half consecutive Court days. The amount claimed by the plaintiffs, and certified and returned to the defendants, under section 2, of Article 27, is the per diem of the whole panel of petit jurors for these nine and one-half days, including the special panel of twelve who tried the case, and the per diem of the sheriff and the bailiffs of the Court fo.r the same period.

These sums were paid by the plaintiffs to the several persons entitled thereto prior to the institution ■ of the suit. The case was submitted upon an agreed statement of facts, and judgment was given by the Court below, in favor of the plaintiffs for the amount only of the per diem for the specified period of the twelve jurors who tried the case. Both parties have appealed from this judgment. We are clearly of opinion the plaintiffs are entitled to recover the full amount claimed.

The plain meaning of the language of the section under consideration, is that all costs and expenses incurred during the time occupied in the trial of a removed case, either civil or criminal, or occasioned by or .resulting from such trial, which the county is by law .required to pay, shall be paid by the county where the cause originated. Such expenses undoubtedly include,, in the case before us, the per diem of the jurors in attendance upon the Court during the trial, whether specially impanelled to try the case or not, and also the per diem for the same period of the sheriff, bailiffs, or other subordinate officials essential to the organization of the Court, and necessary to the