four dollars per diem for every day he shall actually serve in the execution of such commission, to be paid by the parties, according to the time that such commissioner serves in taking the testimony of such parties respectively, and to be taxed as part of the costs of the suit; and the clerk to any commissioner to take testimony shall be allowed two dollars and fifty cents per diem, to be paid as the per diem to the commissioner is directed to be paid, and to be taxed as aforesaid.

Purner v. Piercy, 40 Md. 212. Canton v. McGraw, 67 Md. 589.

1888, art. 16, sec. 231. 1860, art. 16, sec. 145. 1785, ch. 72, sec. 16. 249. A witness attending an examiner or commissioner, under a summons by him issued, or at the request of either of the parties, shall be allowed seventy-five cents per day for every day's attendance, and itinerant charges, to be ascertained by the examiner or commissioner, which allowance shall be paid by the party summoning or requesting such witnesses to attend, and shall be taxed as part of the costs of suit.

Ibid. sec. 232. 1860, art. 16, sec. 146. 1824, ch. 133.

250. When any witness is summoned by an examiner or commissioner to take testimony in a chancery suit or proceeding, to appear before such examiner or commissioner to give testimony in such suit or proceeding, and such witness shall refuse or neglect to attend, or attending, shall refuse to answer such interrogatories as are propounded to him, in all such cases the examiner or commissioner, at the request of either party to such suit or proceeding, shall immediately certify such default or neglect, under his hand as such examiner or commissioner, to the clerk of the court where such suit or proceeding is pending, who, upon the receipt thereof, shall forthwith issue an attachment against the person named in such certificate, and the court may allow such process to compel such witness to attend and give evidence in open court in such suit or proceeding, at such term of the court thereafter as the party applying for such attachment shall request, and such process shall be directed to the sheriff or coroner of the county or Baltimore city wherein the person to be attached resides; and after return is made, such process may be renewed from term to term, as the case may require; provided, that the party obtaining such process shall give written notice

to the opposite party, or his counsel, of the time of the return thereof.

Bryson v. Petty, 1 Bl. 182. Gibson v. Tilton, 1 Bl. 352. Maccubbin v. Matthews, 2 Bl. 250. Deale v. Estep, 3 Bl. 433. Hall v. McPherson, 3 Bl. 529.

1888, art. 16, sec. 233. 1860, art 16, sec. 149.. 1836, ch. 128, sec. 2.

251. In all cases where any of the defendants have appeared and an order to take testimony before an examiner has issued, and there are other defendants who are in default for not appearing or answering, and against whom an order to take testimony ex parte might issue, it shall not be necessary to pass such order, but the plaintiff may take all his testimony before the examiner, and such testimony shall be as available against the defendants who are in default, as if the same was taken under an ex parte order.

Smith v. Baldwin, 4 H. & J. 331. Stewart v. Duvall, 7 G. & J. 180. Somerville v. Marbury, 7 G. & J. 275. Clary v. Grimes, 12 G. & J. 31. Kipp v. Hanna, 2 Bl. 26. Kerr v. Martin, 4 Md. Ch. 342. Higgins v. Horwitz, 9 Gill, 341.

Ibid. sec. 234. 1888, ch. 486.

252. The incorporation in this article of the rules prescribed by the court of appeals shall not deprive the said court of the power to rescind or modify any of said rules, or to pass additional rules, in their discretion.

ARTICLE XVII.

CLERKS OF COURTS.

43. Annual appropriation for cur-
rent office expenses of the
clerk of the court of appeals.
44. Renewal of official bond.
45. Residence at Annapolis, legal
effect of.

46. Payment of $200 to treasurer
upon qualifying.

Clerks of the Circuit Courts. 47. Official bond; penalty and condition.

48. Recording and renewal of bond. 49. Penalty for neglect to give and renew bond.

50. Certified copy to be sent to comptroller.

51. Payment to treasurer upon qualifying.

52. May call docket in absence of judges, when.

53. May enter judgments in absence of judges, when.

54. Shall record conveyances.
55. Shall record bonds.

56. Index of conveyances.
57. Index to be regularly kept up.
58. How conveyances shall be re-
corded. Abstract or substance
of conveyances to be made.

59. Such abstracts to be sent annually to commissioner of land office.

60. Time of receipt of conveyance to be endorsed thereon.

61. Shall apply to comptroller for blank licenses.

62. To issue licenses. Antedating of
licenses forbidden.

63. Semi-annual return to comp-
troller of licenses issued.
64. Penalty for failure to apply for
blank licenses.

65. Penalty for failure to make re-
turns to comptroller.

66. Clerk to lay before grand jury list of licenses issued-Penalty.

1

Clerks of Circuit Courts and
Superior Court.

67. Delivery of official commissions.
68. Report to secretary of state of
commissions delivered.
69. Certificate of qualification to be
given.

70. Taxes on officers' commissions
to be paid to treasurer, when.

of Clerks.

General Duties 1888, art. 17, sec. 1. 1860, art. 18, sec. 1. 1766, ch. 14, sec. 2. 1817, ch. 119, secs. 1, 2, 8 and 9. 1833, ch. 88. 1845, ch. 254. 1900, ch. 126. 1. Every clerk shall have the custody of the books and papers pertaining to his office, and shall carefully keep and preserve the same; he shall file all papers delivered to him to be filed, and shall record all judgments, decrees, deeds and writings which by law are required to be recorded in the office of which he is clerk; he shall issue all writs and process which by law may be issued from the court of which he is clerk; he shall give a copy of any paper or record in his office to any person applying for the same, upon being paid the usual fees for transcribing such paper or record, and shall annex thereto his certificate, under the seal of his court, if required; he shall make proper entries of all the proceedings in the court of

which he is clerk; and all entries and records shall be made in a fair, legible hand, or with a typewriting machine, such machine to be approved by the judges of the circuit court for the respective counties or the supreme bench of Baltimore city, as the case may be, in well bound books procured by him for that purpose; and he shall perform all the duties required of him, or which may hereafter be required of him, by law.

Hammond's Lessee v. Norris, 2 H. & J. 130. State v. Wayman, 2 G. & J. 255. Belt v. Abstract Co., 73 Md. 289.

1888, art. 17, sec. 2. 1886, ch. 322.

2. It shall be the duty of the clerks of the several courts of equity of this State to provide a well-bound and suitable book, to be styled "the claims docket," in which, in all cases of voluntary trusts, or under decrees for payment of debts, or in other cases in which creditors may prove their claims in said court, shall be entered in alphabetical order, the names of the creditors, the character and amount of their claims, and the date when proven.

1890, ch. 383, sec. 2A.

3. Whenever any auditor's report of distribution of the proceeds of sale of real or personal property shall have been ratified by any of the courts of this State, such audit and ratification shall be forthwith recorded by the clerk of said court in a book or books provided for that purpose, the cost of said record to be taxed in the costs of the case, and a certified copy of said record shall be evidence. This section shall not apply to Somerset, Baltimore or Calvert counties.

1888, art. 17, sec. 3. 1860, art. 18, sec. 2. 1748, ch. 7, sec. 3.

4. Every clerk shall attend at his office for the transaction of the business thereof every day, except Sundays, either in person or by deputy, unless prevented by sickness, accident or necessity.

Harris v. Register, 70 Md. 109-123.

Ibid. sec. 4. 1860, art. 18, sec. 3. 1715, ch. 48, sec. 11.

5. No clerk of any court of this State shall deliver to any attorney, sheriff or other person any blank writ whatsoever; and any clerk so offending shall be subject to a penalty of one hundred dollars.