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793 4 & 5 W. & M. CAP. 20, DOCKET. the End of the next Session of Parliament, and no longer. .Continued a year longer ~by 6 & 7 W. 3, cap. 14, ant? made perpetual &// 7 & 8 W. 3, cap. 36, sec*. 3. The second section of this Statute could not have been literally applica- ble to the Province. The original of the Code is to be found in the Act of 1817, ch. 119. Before that time as subsequently, at least in the counties, dockets were regularly made out, classifying the causes at law according to their several and respective stages. And purchasers and others were bound, at their peril, to take notice of judgments entered in any of those dockets. This law has not been changed. By the Code, Art, 18, sec. 16,1 the clerk of every court of law or equity, except the Court of Appeals, is to provide one or more well bound books, and, immediately after each term of his Court, to enter and transcribe therein the docket entries of each civil suit, &c., which shall have been ended during the said term by trial, judgment, agreement, non pros, or abatement; and such transcript shall contain the style or name of the parties, the nature of the case, the docket entries and, if superseded, the name or names of the superseders, and other memoranda as they appear on the docket, and the judgment, decree, order or abatement, by which the several actions or suits were terminated; and the bill of cost? recoverable by the party, in whose favour they shall have been awarded, shall likewise be transcribed and entered, and the said books snail be truly and regularly paged, and alpha- betically indexed with the names of plaintiffs and defendants, and the whole completed before the ensuing terra of the Court. Claims against estates of decedents.—The law as to executors was materially altered by the Act of 1802, ch.101, sec. 8; '"whereas compelling an executor, &c. to take notice of all Judgments end decrees against the deceased is productive of great inconvenience, as well to the executor, &c. as to the other creditors, inasmuch as he cannot, with safety, pay off other debts, though the said judgments and decree? be fully discharged, unless such executor, &c. is in possession of the receipt or other legal evidence of the payment; and it appearing proper that such creditors, as to the manner and time of producing their claims, should be placed ' Code 1911, Art. 17, sec. 19. The failure to enter a judgment in the original! trial docket before entry thereof in the permanent judgment record is merely a clerical error and .-Sees not invalidate the judgment. Bond v. Citizens' Bank, 65 Md. 498. When an agreement was made for a confession of a judgment and an order of court was obtained for its entry, but such agreement and order were not filed with the clerk until months afterwards, the judgment must be entered as of the date of the filing. Snowden v. Preston, 73 Md. 261. When on motion in open court a judgment is ordered to be entered but the clerk fails to make a formal record thereof, the court has power after- wards to direct the judgment to be entered as of the date of the first order. Stern v. Bennington, 100 Md. 344. Cf. Frostburg v. Tiddy, 68 Md. 514; Ecker v. First Bank, 62 Md. 519- |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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