« ForrigeFortsett »
When one judge the other judges can be had; and, in the absence of all the judges, the clerk may adjourn the court from day to day, until a judge is present.
or clerk may
Id. s. 27.
1780, c. 11, s. 4.
One judge may
take return and
order issuing of
process, and enter continuances by consent.
22. Any one of the judges may take the return of process, and may order the issue of the same, and may enter continuances by consent of the parties.
BONDS, ORDERS IN EQUITY, COMMISSIONS TO TAKE TESTIMONY.
20. What bonds may be approved by clerk.
22. May pass orders nisi for ratification of
23. May issue commissions to take testimony. 24. Commissions to assign guardian.
25. Orders of publication against non-resident defendants.
SUITS ON BONDS GIVEN TO THE STATE.
26. To indorse on writ name of party for whose use suit is brought.
31. To receive and dispose of books, docu- 32. To deliver laws and documents. ments, etc.
48. How and when clerks or registers required to give counter security; penalty for non-compliance; fees of office attachable.
1817, c. 119. ss.
88; 1845, c. 254.
1. Every clerk shall have the custody of the books and papers Art. 18, s. 1. pertaining to his office, and shall carefully keep and preserve the 176, c. 14, s. 2; same; he shall file all papers delivered to him to be filed, and shall 1,2,8, 9; 1833, c. record all judgments, decrees, deeds, and writings, which by law Clerks to have are required to be recorded in the office of which he is clerk; he books and shall issue all writs and process which by law may be issued from 22 Md. 94; 30
Md. 75; 33 Md.
535; 36 Md. 309; 38 Md. 463; 39 Md. 261. To file papers and record judgments, etc.
To issue process.
To give certified copies.
To make entries of all proceedings.
Id. s. 2.
1748, c. 7, s. 3.
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, in well-bound books procured by him for that purpose; and shall perform all the duties required of him, or which may hereafter be required of him, by law.
2. Every clerk shall attend at his office for the transaction of the To attend office business thereof, every day except Sundays, either in person or by deputy, unless prevented by sickness, accident, or necessity.
Id. s. 16.
1817, c. 119, s. 9;
1845, c. 251, s. 1;
1849, c. 505.
To keep record
of all suits
ended by trial, judgment, etc.
33 Md. 9: 8 G. &
ard, 331; 24
3. 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, 19 Md. 561, 576; which shall have been ended during the said term by trial, judgJ. 381; 13 How- ment, decree, agreement, non pros or abatement; and such transript 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.
What record to contain.
Id. s. 17.
4. The said clerk shall also transcribe and enter the docket entries 1845, c. 254,88.1.2. of every execution which shall be entered satisfied or otherwise To keep record of executions. 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 indorsed thereon.
Id. s. 18.
5. If any clerk shall neglect or refuse to comply with the provi1845, c. 254, s. 3. sions of the two preceding sections, he shall forfeit the sum of two Penalty for
Id. s. 19.
1817, c. 119, s. 8.
ments or decrees to be recorded.
hundred dollars, for the use of the State.
6. No clerk shall record any judgment or decree except those relating to the title of lands, or those under which lands have been sold in virtue of an execution thereon.
1817, c. 119, s. 8.
7. If any person applies for a copy of the record of a judgment Id. s. 20. or decree, in any case where the judgment or decree is not required Copies of record of judgment or by law to be recorded, the clerk shall make and certify a copy of decree, where the same from the papers, minutes, and docket entries of such case, be recorded. which shall be as available as a regular transcript of a recorded judgment or decree.
not required to
RECORDING OF DEEDS.
3 Md. 79; 6 Md.
8. Each clerk of the Circuit Courts for the counties and the Su- 1865, c. 157. Recording perior Court of Baltimore City shall record all deeds, mortgages, deeds, etc. bills of sale, and other instruments required to be recorded, in a well- 79; 7 Md. 178; bound book, which book shall contain an alphabetical index in the 2 Gill 161. names of all the parties to such deed, mortgage, bill of sale, or other instrument of writing; provided, that they shall not be required to Not to record record or receive for recording any deed, mortgage, bill of sale, or unless fees first other instrument of writing, unless the fees for recording the same as regulated by law shall first be paid by the person offering the same for record.
1833, c. 88, s. 1.
index of all
9. They shall make a full and complete general alphabetical Art. 18, s. 52. index (unless the same shall have already been done), in a book or To make full books well bound for that purpose, of all deeds, mortgages, bills of decus, etc. sale, and other conveyances of record in their respective offices; which index shall be both in the names of each and all the grantors, bargainors, donors or mortgagors, and each and all the grantees, bargainees, donees or mortgagees, and shall refer to the book and page of the record of the several conveyances designating the same.
1833, c. 88, s. 3.
10. They shall continue and keep up the alphabetical indexes re- Id. s. 53. quired by the preceding section, by noting at the time of recording To continue and any deed, mortgage, bill of sale, or other conveyance, the names of keep up the parties, and the character of the conveyance, in such alphabetical index, in the manner prescribed in the preceding section.
1785, c. 9, s. 7;
Duty of cre
after recording deed.
11. Every clerk, after he records any deed, shall, before he de- Id. s. 54. livers the original, carefully and with accuracy enter the substance 1806, c. 90, s. 7. of such deed—that is to say, the date of the deed, the christian names and surnames of the parties, with their additions (if any); the name of the land or estate (if any), in such deed mentioned to be conveyed; the courses, metes, and bounds thereof, if expressed in the deed; and the number of acres (if therein stated); and such other description of the land conveyed as may be contained in such deed, and the place where the same may lie; the consideration for making the deed, as the estate conveyed by such deed, in the very expressions thereof; and also state and certify immediately after and following such entry, the day such deed was recorded, and shall sign his name thereto.
To make and
12. The said clerk shall make the entry aforesaid on good royal 1874, c. 66. writing paper, such as is commonly used in record books, each sheet send extracts to measuring in length nineteen inches, and in breadth twelve inches, Land Office.
Art. 18, s. 56.
1766, c. 14, s. 2.
with a margin in blank of about half an inch at the sides, top and bottom of each page, and shall transmit the same, on or before the first day of June in each year, to the commissioner of the Land Office.
13. Every clerk who receives a deed, or instrument of writing To indorse date which is required to be recorded within a specific time, shall indorse of receipt on deeds. thereon the time when he receives the same.
2 G. & J. 182.
Id. s. 3.
1715, c. 48, s. 11. Blank writs.
14. 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.
Id. s. 46.
1858, c. 363, s. 1. Call of docket and entry of appearances.
Id. s. 47.
CALL OF DOCKET AND ENTRY OF JUDGMENTS.
15. The clerk shall, in the absence of the judge of the court on occasion of sickness, at any regular or adjourned term of the court, call over the civil appearance docket, take the returns of the sheriff, and enter the appearance of the defendants when required, either in person or by attorney.
16. He may, at any regular or adjourned term of the court, in 1858, c. 363, s. 2. the absence of the judge aforesaid, by consent of parties in person or by attorney, enter up judgments on the trial, appeal, reference, and appearance dockets, in the same manner as if the judge was present; and the same shall be as effectual as if the judge was in
Id. s. 14.
1840, c. 96, s. 1.
ENTRY OF JUDGMENT OR DECREE SATISFIED.
17. The clerk of any court may enter any judgment or decree May enter judg- satisfied upon the order in writing of the plaintiff or his attorney, ment or decree and shall file such order among the papers in the cause.
8 Md. 117;
36 Md. 619.
Id. s. 23.
1860, c. 132, s. 1. To take supersedeas.
33 Md. 535.
18. The clerks of the Circuit Courts in the several counties, of the Superior Court of Baltimore City, the Court of Common Pleas, and Baltimore City Court, shall have the power and jurisdiction to take supersedeas of judgments and decrees in their respective courts, as a justice of the peace in the counties has by law, and the supersedeas as taken shall have the same effect as if taken by a justice of the peace; and every security in a supersedeas of a judgment rendered in the respective courts, and superseded before the clerks of said courts, shall sign the same, or, if they cannot write, make their marks, to be attested by the clerk; and the several clerks shall be entitled to a fee of twenty-five cents for each supersedeas. It shall not be lawful for justices of the peace to take supersedeas of judg ments recovered in the aforementioned courts of Baltimore city.