Witnesses and Testimony. 1890, ch. 86. 1896, ch. 35. 225. The court shall, on application of a party in interest, or may, of its own motion, order, that instead of the mode of taking testimony as provided in the foregoing sections, the witnesses, or any of them, shall be examined orally in open court in the presence of the judge or judges thereof, as to all or any of the facts or matters relevant in the cause or proceeding, and the evidence so taken shall be written down as delivered by the witnesses by such person, and in such manner as the court may have by special order or general rule directed, and when so written down, shall, with such documentary proof as shall have been with it offered and admitted, be filed as part of the proceedings, to be used as if taken before an examiner; or if the court shall have so ordered, such evidence shall be reduced to writing by counsel in the same manner as bills of exceptions now are at common law, and after the same shall have been signed by the judge or judges before whom the testimony was taken, shall, with the documentary proof at the same time offered and admitted, be filed as part of the proceedings to be used as if taken before an examiner. General Duties of Clerks. 1890, ch. 383. 2 A. 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. 1894, ch. 513. 20 A. Said clerk, whenever requested in writing to do so by the trustee, attorney or party in interest, shall record among the chancery, judicial or other proper record books of his office, such bill of complaint, decree, order of court, trustee's report, auditor's account and report or other paper filed in a cause in his office, although the title to land may not be involved therein, provided the cost of such recording be first paid or provided for. Clerk of the Court of Appeals. 1894, ch. 298. 40. The Clerk of the Court of Appeals shall have the custody of all the records and papers in the office of the late Court of Appeals, of the former Court of Appeals, and of the General Court. He shall receive a salary of $3,000 per annum, for which sum, to be paid out of the treasury, the Comptroller of the State shall draw his warrant. Said clerk may appoint, subject to the approval of the judges of the Court of Appeals, such deputy clerks as the requirements of this office shall necessitate, who shall perform such duties as shall be prescribed by the said judges and clerk, and shall receive such salaries as the said judges and clerk may determine to be just and proper compensation for their services, to be paid in the same manner as is herein before provided for the payment of the salary of the said Clerk of the Court of Appeals. The said Clerk of the Court of Appeals shall render an account, as now prescribed by law, of all fees, emoluments and receipts of his said office, and shall pay the same to the Treasurer of the State, as now required by law. The Clerk of the Court of Appeals shall provide his office with such record books, dockets, etc., as may be suitable and necessary; and the sum of eight hundred dollars, or so mnch thereof as may be necessary, is hereby appropriated to pay for the same and such other necessary office expenses as he may incur. The record of causes pending in said court shall be printed under the direction of said clerk, and the briefs of counsel may be printed in like manner or may be printed by said counsel, at their option, and in every case the actual cost of the printing of said records and briefs, at current rates, and no more, shall be taxed in said causes as the cost of making copies of said records and briefs. He shall give certified copies, under the seal of said court, of all papers and records of which he shall have custody as aforesaid, and such copies shall be evidence in the same manner as other certified copies of records are. 1896, ch. 163. 40 A. The sum of eight hundred dollars, or so much thereof as may be necessary, is hereby annually appropriated to pay for the record books, dockets, stationery, postage and other expenses of the office of the Clerk of the Court of Appeals, for the payment of which the Comptroller of the Treasury is hereby directed to draw his warrants upon the Treasurer of Maryland, from time to time, upon production to him by the said Clerk of the Court of Appeals of the proper vouchers thereof. And the sum of five hundred dollars, or so much thereof as may be necessary, is hereby annually appropriated for the purpose of paying the cost of printing the records and briefs in State cases in the Court of Appeals, and the Comptroller of the Treasury is hereby directed to draw his warrant from time to time upon the Treasurer of Maryland for the amount properly payable by the State for the printing of such records and briefs in State cases in the Court of Appeals, upon the vouchers submitted to him and certified to be correct by the Attorney-General of the State of Maryland. Clerks of the Circuit Courts. 58. They shall grant to every person who shall apply for the same, such license as he may desire, and be authorized to obtain, properly filled up and signed by them; but they are hereby expressly forbidden to antedate any license or issue to any person or persons any license other than in the month for which the same is legally obtainable, under a penalty of fifty dollars for each and every offense, said penalty to be recovered by an action at law upon his official bond. 1898, ch. 294. 62. Every clerk shall lay before every grand jury attending his court a list of all licenses granted by him for two years prior to the meeting of such grand jury, setting forth in full the names of the parties licensed, the date of issue, the amount of capital stock, if any, the expiration of and the value of such licenses, under a penalty of fifty dollars for each and every offense, said penalty to be recovered by an action at law upon his official bond. ARTICLE XIX. COMPTROLLER. 8. Assistant clerks-their salaries. 37. Authority to adjust claims against 1892, ch. 299. 1894, ch. 172. 8. He may employ a clerk whose compensation shall be eighteen hundred dollars per annum, and two assistant clerks whose compensation shall be twelve hundred dollars each per annum. 1892, ch. 83. 1894, ch. 300. 1896, ch. 77. 1898, ch. 205. 37. The Comptroller is authorized and empowered to adjust 900 and settle the claims of the State against all collectors, sheriffs, Ch.556. clerks of courts and registers of wills, and other collectors or 1912 receivers of public moneys and their securities, and against ch.537. corporations and individuals who may be indebted to the State, in all cases where said claims accrued prior to and including the year 1896, and whether said claims be in the form of judgment. or otherwise; and for the purpose of closing all such cases, the Comptroller is fully authorized to compromise the same by abating the interest that has accrued, or any proportion thereof, or any part of the principal debt in his discretion, so as to best subserve the interest of the State, and shall grant discharges to the said parties and their securities, upon the payment into the treasury of the amount required by him to be paid in the settlement as aforesaid; provided, the Comptroller shall be satisfied after thorough examination into the claim, that the same could not be collected for the State by legal process, and further, that the Governor and Treasurer, for the time being, shall each approve in writing any such abatement before the same shall be effective; and provided further, that no discharge or acquittance under this section shall be effective, unless the party or parties to be benefited by the same shall first pay the attorney who shall have the case in hand the legal fees, and all fees of clerks or sheriffs. ARTICLE XXI. CONVEYANCING. Bills of Sale. Conveyances in General. 1. What estate shall not pass with- 42. Acknowledgment within the out deed duly acknowledged. 2. Acknowledgments within county 3. Acknowledgments within the 82. State of bills of sale or chattel mortgages. Defective Conveyance. Conveyances defectively executed since Act of 1858, chapter 208, made valid. Saving in favor of creditors and purchasers. State, but out of county or 82 A. Mortgages defectively sworn to city where real estate lies. Mortgages. since March 27, 1896, made valid. Conveyances and Devises Binding on Streets and 39 A. Recording of release or assign- Highways. Conveyances and devises of land binding on streets or highways to pass title to the centre of such streets or highways unless otherwise expressly declared. |