| 1817. |
LAWS OF MARYLAND.
6. AND BE IT ENACTED, That the chancellor and
the judges of
the said respective courts of justice, in the office belonging to which
such judgments, decrees, papers and proceedings, shall remain unrecorded,
or any one or more of them, at any time during the ensuing
and other terms, shall examine the dockets and files thereof,
and specify certain periods from term to term when the same, or
such portions thereof as he or they shall prescribe, ought to be recorded,
and shall direct an entry to be made of the respective portions
and periods which they shall assign; and at the termination of
every period the book or books shall be brought before him or them,
and the said chancellor and judges respectively, or any one or
more of them, shall determine whether the records are made up in
the manner required by this act; and upon every failure to perform
the duties hereby directed and provided, the attorney for the state,
prosecuting in such court, shall put in suit the bond of such officer,
who, or whose executors, administrators or securities, shall make
default, unless the court shall see reasonable cause for granting
more delay; and a sum of money not exceeding one thousand dollars,
according to the nature of the offence, and the injury which
may be probably sustained, shall be assessed by the jury, and collected
and paid over, as the case may be, either to the justices of
the levy court to defray the county charges, or to the treasurer
of the respective shores for the use of this state. |
Records to be
made up and completed
—to be inspected. |
7. AND BE IT ENACTED, That from and after
the end of this session
of assembly, it shall be the duty of each and every officer, being
the clerk or register of any court of justice within this state, to
make up and complete his records in sufficient and well bound
books, and in a fair and correct manner, of all and singular the
judgments duly rendered in each and every action of ejectment,
trespass quare clausum fregit, dower, partition, replevin wherein
an avowry shall be pleaded or rent recovered, judgments in debt or
damages under which any lands or tenements shall be seized in execution,
and the several writs of execution by virtue of which the
same shall be sold, and the several returns to such executions, and
also all decrees, petitions, commissions, returns, deeds, papers and
proceedings, whatsoever, relating to lands, tenements, and other
real estate, which shall be had, rendered or made, in such court, or
filed or delivered to be recorded, and now required according to the
laws of the land to be recorded; and the records of all judgments,
decrees, papers and proceedings, shall be made up at full
length, and in the manner herein before required, within the term of
twelve months from and after the time when the said judgments,
decrees and proceedings, shall be finally rendered, made or had,
or when such deeds, papers and returns, shall be received or required
to be recorded; and the chancellor and judges of the respective
courts of justice, or any one or more of them, at every term,
shall inspect the records and papers of the offices attached to their
respective courts, and examine the condition thereof, and see whether
the duties required by this act shall be duly performed; and if any
clerk or register shall neglect or refuse to perform the duties hereby
directed and provided, he shall forfeit and pay a sum not exceeding
one hundred dollars for every offence, to be recovered by
indictment and conviction in a court of law; and such conviction
shall be deemed and taken as evidence of misbehaviour in office, for
which he may be removed. |
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