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BENJAMIN OGLE, ESQUIRE, GOVERNOR.
" of the act of assembly in such cases made and provided, that
" then the above obligation to be void and of none effect, or else to
" remain in full force and virtue in law." |
1800.
CHAP. 82. |
3. AND BE IT ENACTED, That from and after
the tenth day of
July next, it shall not be lawful for any clerk of any county in this
state to receive the fees of the clerk's office, until such county
clerk have entered into bond as aforesaid, with good, able and sufficient
securities as aforesaid, being persons of visible and landed
estates within the state of Maryland. |
No clerk to receive
fees till bond
is given. |
4. AND BE IT ENACTED, That if any clerk of
any county shall
neglect or refuse to pay into the treasury, or to the agent of the
state, any monies of the said state in his hands, at the time limited
by law, and to render and settle his accounts with the said treasurer,
when thereto required by the agent of the state, it shall and
may be lawful for the respective county courts, or the respective
general courts, and they are hereby authorised and empowered,
upon motion in behalf of the state, and on producing a stated account,
signed by the treasurer, of the sum of money or claim of
the state due and in arrear from any such clerk, to order a judgment
to be entered for the penalty of such clerk's bond, to be released
on the payment of such sum or sums of money ads shall appear
to be due, and costs, and an immediate execution to be awarded
against the person or property of such clerk to compel payment
of said monies and costs; Provided, that a copy of such account,
signed by the respective treasurers as aforesaid, and notice of such
intended motion, be delivered, in writing, to such clerk, or left at
his last place of abode at least twenty days previous to the sitting
of the term at which such application shall be intended, and that
proof thereof be made to the satisfaction of the court; And provided
also, that if such clerk shall, in person or by attorney, controvert
the demand, and desires a jury to be impannelled to ascertain the
sum of money really due and payable, the said court are empowered
and authorised to direct a jury to be immediately impannelled,
and charged to try and ascertain an issue, whether such clerk be
chargeable with and liable to pay any and what sum or sums of
money to the said state, and the said court, upon such verdict of
the jury, shall and are hereby empowered to direct judgment to be
entered for the penalty of such clerk's bond, to be released upon
the payment of the sum or sums of money so found due by said
verdict, and costs, upon which there shall be no writ of error, supersedeas
or appeal, and to award execution thereon as upon all
other cases of judgments had and obtained in said court.
See November 1809, ch. 127, s. 3. |
Clerk neglecting
to pay money
judgment to be entered
for penalty
of bond. |
5. AND BE IT ENACTED, That if any clerk of
any county, upon
whose bond judgment shall be entered as aforesaid, and execution
thereupon issued, shall not satisfy and pay, or cause to be satisfied
and paid, such judgment and execution to the respective treasurer,
or the agent of the state, for two successive terms to which the
said execution shall be made returnable, the said default shall be
and the same is hereby declared to be misbehaviour in office within
the meaning of the constitution, and may be prosecuted as such.
See November 1809, ch. 127, s. 5. |
Default declared
misbehaviour in
office. |
6. AND BE IT ENACTED, That if any clerk, who
hath received
public money before the passage of this act, shall neglect to pay |
Neglect to pay
over money deemed
misbehaviour
in office. |
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