452 CLERKS OF COURTS. [ART. 17

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 for-
feitures imposed by his court, and a list and account under oath of all
public money received by him, which list 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.

This section treats monies collected by the clerk as "public money," when

he receives it, when he reports it and when he pavs it over. Vansant v.

State, 96 Md. 124.

1904, art. 17. sec. 9. 1888. art. 17. sec. 8. 1860. art. 18, sec. 7. 1800, ch. 82, sec. 4.

1809, ch. 127. sec. 3. 1822. ch. 217. 1825, ch. 208. 1829, ch. 90.

1831, ch. 68. 1845, ch. 71. 1868, ch. 197.

9. On the first Monday of March, June, September and December,
in each and every year, each clerk shall pay to the treasurer 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 clerk to make such payment shall amount to
a forfeiture of the commissions to which he would otherwise be entitled;
any 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.

This section treats monies collected by the clerk as "public money," when
he receives it, when he reports it and when he pays it over. Hence, If the
clerk draws interest on money collected pending its being paid over, he is lia-
ble to the state for such interest. Vansant v. State, 96 Md. 124.

This section and section 15, provide that the clerk's bond shall be answer-
able for all public money received by him, and the emoluments of his office
over and above the sum prescribed by the constitution. The bond would have
been so liable, however, without these provisions. For what the clerk's bond
is liable. It is liable for a deputy clerk's salary and his charge for recording.
Sufficiency of the declaration. State, use Smith, v. Turner. 101 Md. 589.
See sections 15. 35 and 48, et seq.

Ibid. sec. 10. 1888, art. 17, sec. 9. 1860. art. 18. sec. 8. 1874 ch 231.

1876, ch. 363.

10. For receiving and paying over all public money received for
licenses, fines or otherwise, the several clerks of courts of this State
shall receive five per centum, except the clerk of the court of common
pleas, who shall receive one per centum commissions for receiving and
paying over such public money.

Ibid. sec. 11. 1888. art. 17. sec. 10. 1860. art. 18. sec. 9. 1853, ch. 444, sec. 1.
1862, ch. 255. 1865, ch. 157.

11. The clerks of the circuit courts for the counties, the emolu-
ments of whose office shall exceed the sum of three thousand dollars in
any one year, after deducting therefrom the necessary expenses inci-