1860, c. 132, s. 2. Whom to take as superseders. 33 Md. 535; 19. It shall be the duty of the clerks of the respective courts Id. s. 24. and of the justices of the peace, in taking the supersedeas of any judgment, to accept no party as a superseder, unless satisfied that said party is worth in real or personal estate, over and above his actual debts, the full amount of the judgment proposed to be superseded. BONDS, ORDERS IN EQUITY, COMMISSIONS TO TAKE TESTIMONY. 20. The clerks may approve any appeal bond, writ of error bond, bond for removal of proceedings by writ of certiorari, injunction bond, trustee's bond, or receiver's bond, to be filed in their respective courts. 38 Md. 465. 200, s. 3; 1842, What bonds c. 70; 1853, c. 374. may be ap- May pass orders tion of auditors' 21. The clerks of the several Circuit Courts for the counties and the city of Baltimore, the clerk of the Superior Court of Baltimore City, the clerk of Baltimore City Court, and the clerk of the Court nisi for ratificaof Common Pleas, shall each have concurrent power with the judge reports. of his court to pass all orders nisi for the ratification of auditors' reports and accounts, but not final orders. May pass orders tion of sales. nisi for ratifica 22. The clerks of the Circuit Courts for the counties and the Id. s. 27. city of Baltimore, and the clerk of the Superior Court of the City of 1852, c. 173, 8.1. Baltimore, may each pass all orders nisi for the ratification of sales made and reported under decrees or orders of the Court of which he is clerk, but not final orders. 23. Every clerk may issue commissions to take testimony to the standing commissioners appointed by his court for that purpose, and, if the parties agree thereto in writing, may issue a commission to any person or persons named in such agreement. 24. When an infant defendant is returned "summoned," the clerk may issue a commission to some discreet person to assign guardian for, and take the answer of, such infant. a Id. s. 28. 1852, c. 173, s. 2. 4 Md. 476; 3 Pet. 1. Id. s. 29. 1840, c. 109, s. 1; 1852, c. 173, s. 3. Commission to assign guardian. 8 G. & J. 137. 25. They may pass and issue orders of publication to notify . s. 30. non-resident defendants. SUITS ON BONDS GIVEN TO STATE. 26. In all suits brought on bonds given to the State, the clerk shall, before he issues the writ, indorse thereon the name of the party at whose instance and for whose use such suit is instituted. ОАТН. 1852, c. 173, s. 4. Orders of publication against non-resident defendants. Clerks empow ister oaths. 27. The clerks of all the courts to which jurors are summoned 1870, c. 295. shall administer to the sheriff the oath required to be taken by him ered to adminon his returning a panel of jurors; and the clerks of the several courts of this State, and their deputies, are hereby empowered to administer oaths upon all legal papers for file in their respective offices upon which affidavits are required by law. Id. s. 48. CIVIL COMMISSIONS. 28. All civil commissions issued by the governor, and sent by To deliver civil the secretary of state to the clerks of the respective Circuit Courts, 1843, c. 284, s. 1. commissions. 25 Md. 217. Id. s. 49. 1852, c. 172, s. 4. To report officers who qualify. Id. s. 50. 1852, c. 172, s. 4; To give certif and the clerk of the Superior Court of Baltimore City, shall be by them respectively delivered immediately to the person to whom such commissions are directed, and who may apply for the same. QUALIFICATIONS AND OATHS OF OFFICERS. 29. The said clerks shall report to the secretary of state, at least once a month, the names and offices of all officers who have taken and subscribed the oaths required by the Constitution and laws to be taken before them. 30. Each clerk of the Circuit Court for the counties, and the 1856, C. 154, s. 93. Superior Court of Baltimore City, when required to do so by any icates of qualifi- person, must give a certificate, under the seal of his office, of the qualification of any public officer who had taken and subscribed the oaths of office before him, or whose oath of office is recorded in his office. cation. LAWS AND DOCUMENTS. Id. s. 4. 1790, c. 51; 1816, c. 241. To receive and dispose of books, documents, etc. Id. s. 36. 1790, c. 51, 8. 14. To deliver laws and documents. Penalty. 31. 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. 32. No clerk shall deliver the laws and public documents sent to him by the librarian to any other person than to him who is entitled to receive the same, or to his order in writing, under the penalty of fifteen dollars. Id. s. 38. 1801, c. 86, s. 6. Notaries' papers. May maintain suit for same. Id. s. 60. Id. s. 61. 1853, c. 86, s. 2. To grant licenses. NOTARIAL REGISTERS. 33. In case of the death, resignation, disqualification, or removal from office of a notary public, his register and other public papers shall, within sixty days thereafter, be lodged in the office of the clerk of the Circuit Court for the county, or Superior Court of Baltimore City, who may bring and maintain actions of trover and detinue for the same; and such registers or public papers shall not in any case be liable to be seized or taken in execution for debt, or for any demand whatsoever. LICENSES. 34. Each clerk of the Circuit Courts for the counties shall apply, before the first of May, in each year, to the comptroller for such number of blank licenses of every sort as may probably be required for the use of his county for one year, or the fractional part of the year, terminating on the thirtieth day of April then next ensuing. 35. He 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 the clerk. 1853, c. 86, s. 3. account of 36. He shall, on or before the first Monday in June and Decem- Id. s. 62. ber in each year, return to the comptroller, under oath, a list and To return account of the licenses issued by him; which shall contain the num- licenses to ber of licenses issued of each grade and kind, when issued, what comptroller. amount of money was received for each license, and person to whom the same was granted; and also show the number, grades and description of blank licenses remaining unissued. 1853, c. 86, s. 4. 37. Any clerk who shall fail or neglect (annually), on the first day Id s. 63. of May, or at such other time or times as may be necessary, to apply Penalty for not applying for to the comptroller for blank licenses, in the manner herein directed, blanks. shall forfeit and pay for every such failure or neglect the sum of one thousand dollars. 1853, c. 86, s. 5. 38. Any clerk who shall refuse or neglect to return to the comp- Id. s. 64. troller lists and accounts of all licenses issued by him, as hereinbe- Penalty for not fore required, shall be charged by the comptroller with the whole returning. amount of blank licenses delivered to such clerk, at the several rates fixed by law therefor; and the comptroller shall immediately thereafter direct the official bond of such clerk to be put in suit for the recovery thereof. 1824, c. 158; 39. Every clerk shall lay before every grand jury, attending his 19.65. court, a list of all licenses granted by him, and not by him before 1827, c. 117, s. 6. returned to any grand jury. To return lists Id. s. 73. clerk of Court 40. All the provisions herein contained relating to the obtaining of blank licenses, granting the same, and returning an account thereof to the comptroller by the clerks of the Circuit Courts for the counties, of Common shall apply to the clerk of the Common Pleas as fully as if the same were herein repeated. Pleas. FEES AND COSTS. Id. s. 32. 41. Every clerk shall make out accounts of his fees in a fair, 1731, c. 15, s. 2. legible hand, and in words at length. 42. He shall deliver to either plaintiff or defendant (if required), full copies, in a fair, legible hand, of all the costs of suit recovered by or against the party requiring the same; and on failure to do so, such clerk shall forfeit and pay thirty dollars. How to make out fees. Id. s. 33. 1731, c. 15, s. 3. To give copies of costs. Penalty. 1742, c. 10, s. 2; 43. No clerk shall receive any fees or compensation for services Id. s. 31. rendered as clerk, until he has given bond executed and approved 1800, c. 82, s. 3. as herein provided. Not to receive fees, etc., before bonding. BONDS OF CLERKS OF CIRCUIT COURTS. 1742, c. 10; 1800, 82, ss. 2, 3; 1824, c. 95; 1844, Bond. 44. The clerks of the several Circuit Courts for the counties Art. 18, s. 42. shall each give bond to the State of Maryland in the penalty of four- c. teen thousand dollars, with good, able, and sufficient securities, being c. 63. persons of visible and landed estates within this State, to be ap- 27 Md. 706; proved by the judge of the Circuit Court of which he is clerk, with 2 G. & J. 255. the following condition: "The condition of the above obligation is such, that if the above bound A. B., whilst he shall continue in the Id. s. 43. 1823, c. 195, s. 1; 1840, c. 52. Where bond to be recorded and when renewed. Id. s. 44. 1823, c. 195, s. 2. office of clerk of the Circuit Court for county, shall, at his own proper cost and charge, find a supply of good and sufficient record books necessary for the entering up of all matters and things relating to such office, and shall and will make or cause to be made and entered, true, legal, and perfect records and entries, according to the truth and nature of the matter or thing required to be entered or recorded, and shall duly and carefully look after, sustain, preserve, repair and maintain all the several books, papers, and records being and remaining in the said office, as also those that from time to time during his continuance in the said office shall be added thereunto, in such manner as that in case of death, or that he shall be legally dismissed from officiating longer in said office, or that in case he shall remove or resign, he, the said A. B., his executors or administrators, shall surrender and deliver up, or cause to be sur rendered and delivered up to the next person who shall succeed him in said office, all the papers and record books being in said office in good order and repair, with the recordsand entries faithfully legibly, and truly made up and entered, during the time he hath officiated in the said clerk's office, without favor or affection, but according to the truth and the nature of the thing, and shall well and faithfully pay over to the treasurer of the State of Maryland all sums of money received by him for the use of the State, according to law, in the manner and at the time limited by law, without fraud or further delay, and shall well and truly account for the same with the officer or person or persons authorized to receive the same; and the duty of his said office by law imposed, legally, duly, and faithfully shall discharge, according to law and the true intent and meaning of the law in such case made and provided, then the above obligation to be void and of none effect, or else to remain in full force and virtue in law." 45. The said bond shall be recorded in the office of the court of which he is clerk, and shall be renewed every second year during the first four days of the fall term of said court, and where the Circuit Court for any county is held in December, such court shall be deemed a fall term in the meaning of this section. 46. On default of any clerk to execute the bond required by the Penalty for fail- two preceding sections within the time therein prescribed, such de ing to give bond. Id. s. 45. 1823, c. 195, s. 3. Certified copy to be sent to comptroller. 1867, c. 284. How and when faulter shall be subject to a penalty of one thousand dollars, to be recovered by indictment in the name of the State, in the Circuit Court for the county in which such officer shall reside. 47. It shall be the duty of each clerk to transmit to the comptroller, on the first day of January next after the execution of said bond, a certified copy thereof. COUNTER SECURITY. 48. Whenever the surety of any clerk or register of wills of any ters required to County or the city of Baltimore shall, by petition under oath, certify clerks or regis give counter security. to the judge of the Circuit Court of such county or city that he be lieves himself to be in danger of suffering from his securityship, from the defalcation of such clerk or register or from other malfeasance in office, the judge of such court shall forthwith pass an order requiring a copy of the said petition to be served on such clerk or register within five days, and shall within ten days thereafter take up the case, and if he shall be satisfied, from the evidence of the truth of the matters alleged, he shall pass an order requiring such clerk or register within a specified time to give counter security, to be approved in the same manner as his original bond; and for every day after the expiration of such specified time that such clerk or register shall fail to give such counter security he shall be subject to a penalty of fifty dollars, which may be recovered by separate Penalty for nonaction for each penalty in the name of the State in the same manner provided for the recovery of small debts, and upon judgment for any such penalty the fees of office of such clerk or register, whether for Fees of office office work or for State tax on commissions, may be attached by way of execution; and such penalty shall inure and be payable to the sureties of such clerk or register to insure them against any loss which they may sustain by the defalcation, misfeasance, or malfeasance of such clerk or register. compliance. attachable. ACCOUNTS WITH COMPTROLLER, ETC. 49. 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 lists 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. Art. 18, s. 6. 1795, c. 74, s. 5. 1777, c. 13, s. 4; What returns to be made to comptroller. 50. Each clerk shall, on the first Mondays of March, June, 1868. c. 197. Payments into September, and December, in each and every year, pay to the treas- treasury. urer 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 Penalty. clerk to make such payment shall amount to a forfeiture of the commissions to which he would otherwise be entitled, and 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. |