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Bacon's Laws of Maryland
Volume 75, Page 655   View pdf image (33K)
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I    N    D    E    X.


COUNTY CHARGE.  See Amerciaments, 3.  Fines
    and Forfeitures, 6, 7.

COUNTY-CLERKS.

    1.  County Clerks, before executing any Part of their
Office, shall enter into Bond of 1000 l. Currency, with
Two sufficient Sureties, for the finding at their own Expence,
good and sufficient Record Books, making true
and perfect Records and Entries, preserving and repairing,
&c. all the Books, Papers and Records, remaining
in, or added to, his Office during his Continuance
therein, &c.  Which Bond shall be entered
into in the Name of his Lordship, before the County
Court, and a Probat thereof immediately made before
the Court, or before Two County Justices, and entered
in the County Records for Conveyance of Land,
and the Original Bond lodged in the Council Office.
1716, ch. 1, §. 3, 6; and 1742, ch. 10, §. 2.
    2.  The Clerks may be obliged to renew these Bonds
with other Sureties, as often as the Court shall disapprove
the sufficiency of the former.  1742, ch. 10, §. 4.
    3.  No Clerk shall remove any Books, Papers or records,
out of their Offices, and keep the same out at
any Time between Eleven at Night, and Six in the
Morning, on Penalty of 10 l. Currency for each Offence.
1747, ch. 3, §. 10, 11.  But County Clerks
may remove out of their Offices, the last Recording
Book for Judgments, and the Four last Court Dockets
and Papers, and keep the same at their own Houses,
or other convenient Places, &c.  1748, ch. 7, §. 2.
    4.  COunty Clerks shall, by themselves or their Deputies,
attend at their respective Court Houses, One or
more Days in every Week (to be appointed by the
County Court) from Nine in the Morning 'til Sun-set,
for the Dispatch of Business; on Penalty of 600 lb
Tobacco for each Neglect herein:  One Half to the 
County School, the other Half to the Person suing for
the same, before a single Magistrate, as in Case of small
Debts.  But nothing in this Act shall extend to discharge
any Clerk from any Misfeazance or Neglect in
his Office.  Ibid.  §. 3, 4.
    5.  County Clerks shall keep an Account of the Levy,
and transmit a Copy thereof yearly before the 10th
March, to the Governor and Council, under the County 
Seal; on Penalty of 1000 lb Tobacco for every 
Neglect.  1704, ch. 34, §. 2, 3.
    6.  County Clerks shall issue Warrants to the several
Overseers of Highways, appointed by the Court, on
Forfeiture of 1000 lb Tobacco.  1704, ch. 21, §. 4.
And shall give an Account to the Sheriff yearly, of
the Fines incurred by Persons for not appearing, &c.
on the Highways, when duly warned, in order to
collect the same.  1723, ch. 17.
    7.  County Clerks shall record the Notes set up on
the County Court-House Door, by Masters of Ships,
publishing their Rate of Tobacco upon Freight per
Ton:  And a Certificate of such Publication and
Freight, under the Hand of the County Clerk, shall
be sent with Craft fetching Tobacco from another
County.  1704, ch. 62, §. 1, 4.
    8.  On Demand of an Appeal, the Clerk shall enter
a Memorandum thereof, both in the Proceedings and
Records.  And such Clerk refusing to make out a
Transcript of the Proceedings (on Request of any Appellant)
shall be liable to the Damages sustained by 
the Appellant by such Refusal or Delay; such Party
paying or securing the Clerks legal Fees.  1713, ch. 
4, §. 4, 5.
    9.  Acts of Assembly, after Publication under the
Great Seal, are to be lodged with the County Clerk.
1715, ch. 25, §. 1.
    10.  County Clerks shall every June Court, present
the Orphan Jury with a List of the Orphans and Apprentices
of their respective Counties.   1715, ch. 39,
§. 22.
    11.  Clerks shall not plead as Attorneys in the Court
wherein they bear Office; on Penalty of 3000 lb Tobacco
for every Offence.  1715, ch. 41, §. 9.

COUNTY-CLERKS.

    12.  County Clerks shall keep an Account of Amerciaments,
and deliver or send the same to the several
Sheriffs, to be collected with the Levy:  And shall also
give an Account of the Amerciaments to the Chief
Justice, yearly, at November Court.  Ibid. §. 11, 12.
    13.  The Clerk, on Receipt of any Deed, shall endorse
the Time of his receiving the same upon the Back
thereof; and shall enroll the same, and alphabet the 
Names of both parties, and endorse the Enrolment and 
Folio on the Back of the Deed, and sign such Endorsement.
1715, ch. 47, §. 7.
    14.  All Bills, Bonds, or other Specialties, taken
by any County Clerk, shall be endorsed for what, ot
how they became due; or in Default thereof, shall be
void.  1715, ch. 48, §. 9.
    15.  An authentic Testimonial of the Offences of
Convicts, and of the Number of Years they are to
serve, shall be lodged with the County Clerk, by every
Master of a Ship importing such Convicts:  And a Copy
off uch Testimonial, under the Clerk's Hand, shall
be full Evidence.  1728, ch. 23, §. 5, 6.
    16.  Clerks shall deliver, when required, full and
fair Copies of Costs of Suit, on Forfeiture of 2000 lb
Tobacco on Refusal.  1731, ch. 15, §. 3.  And shall
also, in taxing Costs, deduct the proper Allowance for
Convenience.  1763, ch. 18, §. 26.
    17.  No County Clerk shall issue more than one Writ
or Declaration on such Bonds, where the Principal and
Sureties reside in the same County.  1747, ch. 23, §. 8.
    18.  County Clerks shall signify the Appointment of
Constables under their Hands, and deliver the same to
the Sheriff within Five Days after every such Appointment,
on Penalty of 20 Shillings Currency for each
Neglect.  1752, ch. 7, §. 2.
    19.  Each County Clerk shall provide a Book, wherein
he shall record the proceedings of the Justices, with
respect tot eh Inspection Law; and shall attend them
on all Occasions relating thereto, taking an Oath before
some Magistrate, to keep fair and just Entries of 
all such Proceedings, &c.  And shall be allowed annually,
out of the profits arising by this Act, a Sum
not exceeding 800 lb Tobacco for all such Services.
1763, ch. 18, §. 55.
    20.  County Courts, shall yearly allow their respective
Clerks 2000 lb Tobacco in the County Levy, in
full Satisfaction for Warrants to Overseers of Highways,
Constables Warrants, taking Indentures of Orphans,
assisting at laying the Levies, and all other
Services by them done by Order of the Justices:  All
which, and such others, for the Use of their respective
Counties, by Order of the Justices they shall be obliged
to do.  Ibid.  §. 93.
    21.  Any County Clerk who shall issue Criminal
Process without an Order for the same under the hand
of an Attorney, forfeits 2500 lb Tobacco; one Half
to the Support of Government, the other Half to the
Party grieved, or to the Person informing or suing for 
the same.  1715, ch. 48, §. 3.
    22.  No County Clerk shall deliver any blank Writs
to any Attorney, Sheriff, or other Person, on Penalty
of 6000 lb Tobacco; One Half to the Support of Government,
the other to the Informer.  Ibid.  §. 11.
        For other Matters, see Criminal Fees, 1.  Cursing,
           &c. per Tot.  Inspectors, 39, 42, 44.
            Marriage, 5.  Musters, 7, 9.  Passes, 1, 2, 5.
            Process Civil, 1.  Protestant Interest, 3, 4, 6.
            Public Arms, 3, 5, 6, 9, 10.  Runaways, 2.
            Stay of Execution, 5, 6.  Thieving, 6.

COUNTY COURTS.

    1.  Four County Courts shall be held annually in
each County, viz.
        Talbot,
        Baltimore,   the First Tuesday in March, June,
        St. Mary's        Aug. and Nov.  1715, ch. 14, §. 2.
        a Worcester,
           a By 1742, ch. 19.



 

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Bacon's Laws of Maryland
Volume 75, Page 655   View pdf image (33K)
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