Page images
PDF
EPUB

.

1888, art. 17, sec. 5. 1860, art. 18, sec. 4. 1790, ch. 51. 1816, ch. 241. 6. Every clerk shall receive all books, documents, public letters and packages sent to him pursuant to law, and shall carefully dispose of them as the law requires.

Ibid. sec. 6.

1860, art. 18, sec. 5. 1777, ch. 12, sec. 3. 1794, ch. 54, sec. 9. 1865, ch. 5. 1878, ch. 475. 1888, ch. 475.

7. The clerks of the courts of this State may issue an execution on judgment or decree at any time after the rendition thereof, directed to the sheriff of another county, whether the return of nulla bona to a writ of execution issued to the sheriff of the county or city wherein the said judgment or decree was rendered has been made or not, which writ of execution, issued and directed to the sheriff of another county, shall be made returnable to the circuit court for the county to which it may be sent, and if sent to the city of Baltimore returnable to the superior court of said city; and there shall be sent therewith by the clerk issuing the same to the clerk of the court to which said writ shall be returnable a copy of the docket entries in the case, upon which the court may proceed on said execution by renewal or otherwise, in the same manner as if said execution had issued on a judgment or decree rendered in said court; and an attachment on judgment or decree shall be regarded as an execution within the meaning of this section; provided, that no judgment or decree shall be a lien upon real estate situated in another county from that wherein the said judgment or decree was obtained, or in the city of Baltimore, except from the date of the entry of the copy of the docket entries by the clerk of the court to which the said writ shall be returnable.

Griffith v. Lynch, 21 Md. 575. Mitchell v. Chesnut, 31 Md. 521. .

Ibid. sec. 7. 1860, art. 18, sec. 6. 1777, ch. 13, sec. 4. 1795, ch. 74, sec. 5. 8. Every clerk shall, on or before the first Monday of June and first Monday of December in each year, transmit to the comptroller a list of all executions issued by the court of which he is clerk, for fines, penalties or forfeitures, and also a list of the fines, penalties and forfeitures imposed by his court, and a list and account under oath of all public money received by him, which list shall contain the names of the parties, the amount of the fines, penalties and forfeitures, and to whom payable, with the costs thereon, and shall embrace all cases not included in former lists returned by him, and shall show from whom and on what account public money has been received.

Vansant v. State, 96 Md. 124.

1809, ch.

1888, art. 17, sec. 8. 1860, art. 18, sec. 7. 1800, ch. 82, sec. 4.
127, sec. 3. 1822, ch. 217. 1825, ch. 208. 1829, ch. 90. 1831, ch.

68. 1845, ch. 71. 1868, ch. 197.

9. On the first Monday of March, June, September and December, in each and every year, each clerk shall pay to the treasurer all public money which he may have received, and on his failure to do so within thirty days thereafter, his bond may be put in suit for the use of the State, in which suit recovery shall be had for the amount appearing to be due the State, with interest at the rate of ten per cent. per annum, from the date or dates when the same became payable as aforesaid; and a failure on the part of any clerk to make such payment shall amount to a forfeiture of the commissions to which he would otherwise be entitled; any recovery on the bond of the clerk for the non-payment of public money received by him shall be evidence of a misdemeanor in office, for which, upon conviction, he may be removed.

Vansant v. State, 96 Md. 124.

Ibid. sec. 9. 1860, art. 18, sec. 8. 1874, ch. 231. 1876, ch. 363. 10. For receiving and paying over all public money received for licenses, fines or otherwise, the several clerks of courts of this State shall receive five per centum, except the clerk of the court of common pleas, who shall receive one per centum commissions for receiving and paying over such public money.

Ibid. sec. 10. 1860, art. 18, sec. 9. 1853, ch. 444, sec. 1. 1862, ch. 255. 1865, ch. 157.

11. The clerks of the circuit courts for the counties, the emoluments of whose office shall exceed the sum of three thousand dollars in any one year, after deducting therefrom the necessary expenses incident to their office for the same period, shall pay the excess to the treasurer; and the clerk of the court of appeals shall also pay the excess over the sum of three thousand dollars, after making the deductions aforesaid; and every such circuit court clerk, the emoluments of whose office. shall not amount to the sum of three thousand dollars in any one year, as aforesaid, may present a statement to the county commissioners of his county, under oath, showing the net proceeds of his office, together with a statement of the cost of the necessary record books, stationery and fuel used in his office up to the first Monday in June in each year; and the said county commissioners are hereby authorized and empowered to pay or levy for the use of said clerk the amount of said books,

stationery and fuel, as aforesaid; provided, that the amount so paid or levied shall not, when added to the net proceeds of his office, exceed the sum of three thousand dollars.

1888, art. 17, sec. 11. 1868, ch. 54.

12. Whenever the fees or other compensation of any of the clerks of the courts of Baltimore city shall, after the payment of all necessary expenses, fail to pay such clerk the salary provided for by the constitution, and said clerks, or any of them, shall, under section first, article fifteen, of the constitution, have paid to the State any sum or sums of money as excess, after retaining his salary, such excess is hereby appropriated to the payment of the salary or salaries so in arrear until each of said clerks shall have received the full amount thereof; and it shall be the duty of the comptroller of the State to draw a warrant upon the State treasurer for the payment of said arrears out of the said excess, not to exceed the amount so in arrear, and not to exceed the whole amount of said excess paid into the treasury of the State.

Ibid. sec. 12. 1860, art. 18, sec. 10. 1853, ch. 444, secs. 2, 3. 1862, ch. 255. 13. Every clerk, including the clerk of the court of appeals, shall annually return to the comptroller a full and accurate account of all his fees, emoluments and receipts, whether on his own account as such clerk, or for the State, city or county, including fines and forfeitures, and also of all expenses incident to his office; and such accounts shall be rendered under oath, and in such forms and supported by such proofs as shall be prescribed by the comptroller; and every clerk, including said clerk of the court of appeals, shall render with his account of the expenses incident to his office, a list of the clerks employed by him, stating the rate of compensation, allowed to each, and the duties which they severally perform, and, also, the sums paid for stationery, official and contingent expenses, fuel and other items, and stating the purposes for which said expenses are applied; and in the account of fees there shall be a separate statement of all those fees charged during the year included in said account, which at the date of said account remained uncollected.

Vansant v. State, 96 Md. 127.

Ibid. sec. 13. 1860, art. 18, sec. 11. 1853, ch. 444, sec. 5.

14. Any clerk who shall be guilty of false swearing in taking the oath required by the preceding section and constitu

tion, in returning to the comptroller an account of the receipts and expenses of his office, with the intention to deceive and defraud the treasury, shall be guilty of perjury.

1888, art. 17, sec. 14. 1860, art. 18, sec. 12. 1853, ch. 444, sec. 6. 15. The official bond of such clerk shall be answerable for the emoluments of his office over and above the sum prescribed by the constitution, and he shall also, upon failure or neglect to pay or account for the excess over and above said sum, be subjected to a fine not exceeding one thousand dollars.

Vansant v. State, 96 Md. 127, 130.

Ibid. sec. 15. 1860, art. 18, sec. 13. 1853, ch. 444, sec. 4.

16. The comptroller shall, from time to time, limit and fix the compensation of the assistant clerks or deputies to be employed by the several clerks of the courts of this State; and no account for compensation for services of any assistant clerk, deputy or other person employed in performing any of the duties pertaining to the office of any such clerks shall be allowed until such assistant clerk or other person employed shall have certified under oath that the same services have been performed, that he has received the full sum therein charged to his own use and benefit, and that he has not paid, deposited or assigned, nor contracted to pay, deposit or assign, any part of such compensation to the use of any person, or in any way directly or indirectly paid, or given, or contracted to pay or give any reward or compensation for his office or employment, or the emoluments thereof.

Ibid. sec. 16. 1860, art. 18, sec. 14. 1840, ch. 96, sec. 1.

17. The clerk of any court may enter any judgment or decree satisfied upon the order in writing of the plaintiff or his attorney, and shall file such order among the papers in the cause. Campbell v. Booth, 8 Md. 117. Fitzpatrick v. B. & O. R. R. Co., 36 Md. 619. Waters v. Engle, 53 Md. 181.

Ibid. sec. 17. 1860, art. 18, sec. 15. 1846, ch. 292.

18. The clerk of any court having the custody of dockets of justices of the peace may enter satisfied any judgment standing open upon such dockets, upon the production by the party applying for such entry of the receipt of the plaintiff in the judgment, attested by a justice of the peace.

Ibid. sec. 18. 1860, art. 18, sec. 16. 1817, ch. 119, sec. 9. 1845, ch. 254, sec. 1. 1849, ch. 505.

19. The clerk of every court of law or equity, except the court of appeals, shall provide one or more well-bound books,

and immediately after each term of his court, enter and transcribe therein the docket entries of each civil suit and action, legal and equitable, which shall have been ended during the said term by trial, judgment, decree, agreement, non pros or abatement; and such transcript shall contain the style or names of the parties, the nature of the case, the docket entries, and, if superseded, the name or names of the superseders, and other memoranda as they appear upon the docket, and the judgment, decree, order or agreement by which the several actions or suits were terminated; and the bills of costs recoverable by the party in whose favor they shall have been awarded shall be likewise transcribed and entered; and the said books shall be truly and regularly paged and alphabetically indexed with the names of plaintiffs and defendants, and the whole completed before the ensuing term of the court.

State v. Wayman, 2 G. & J. 255. Boteler v. State, 8 G. & J. 381. Mackall v. Farmers' Bank, 12 G. & J. 176. P. W. & B. R. R. Co. v. Howard, 13 How. 331. Watkins v. State, 14 Md. 412. Mayor & C. C. v. Co. Commissioners Balto. Co., 19 Md. 564. Montgomery v. Murphy, 19 Md. 576. State v. Logan, 33 Md. 1. Sanders v. McDonald, 63 Md. 510.

1888, art. 17, sec. 19. 1860, art. 18, sec. 17. 1845, ch. 254, secs. 1, 2. 20. The said clerks shall also transcribe and enter the docket entries of every execution which shall be entered satisfied or otherwise finally settled, and also the docket entries of every execution or other final process under which any personal property shall have been seized or taken, together with a copy of the schedule or schedules accompanying such execution, and the sheriff's return thereon, regularly paged and indexed as directed in the preceding section; and for the services required in this and the preceding section, the clerk shall be entitled to twenty-five cents for each suit or action, to be taxed in the bill of costs against the plaintiff, or in the additional costs of said execution, and endorsed thereon.

Ibid. sec. 20. 1860, art. 18, sec. 19. 1817, ch. 119, sec. 8. 1882, ch. 469.

21. The said clerk shall also, in well-bound books, make up and complete a record of the proceedings in every case where the title to real estate has been decided by decree, judgment or award, and in all cases where any lands or tenements have been seized and sold under executions, together with the several returns to such executions; and the records of all such decrees, judgments, papers and proceedings shall be made up at full length, and in the manner before required, within the

« PreviousContinue »