ART. 17] SALARY——FEES. 453

dent to their office for the same period, shall pay the excess to the treas-
urer; and the clerk of the court of appeals shall also pay the excess over
the sum of three thousand dollars, after making the deductions afore-
said; and every such circuit court clerk, the emoluments of whose office
shall not amount to the sum of three thousand dollars in any one year,
as aforesaid, may present a statement to the county commissioners of his
county, under oath, showing the net proceeds of his office, together
with a statement of the cost of the necessary record books, stationery
and fuel used in his office up to the first Monday in June in each year;
and the said county commissioners are hereby authorized and empow-
ered to pay or levy for the use of said clerk the amount of said books,
stationery and fuel, as aforesaid; provided, that the amount so paid or
levied shall not, when added to the net proceeds of his office, exceed the
sum of three thousand dollars.

As to registers of wills, see art. 93, sec. 276, et seq.

1904, art. 17, sec. 12. 1888, art. 17, sec. 11. 1868. ch. 54.

12. Whenever the fees or other compensation of any of the clerks of
the courts of Baltimore city shall, after the payment of all necessary
expenses, fail to pay such clerk the salary provided for by the constitu-
tion, and said clerks, or any of them, shall, under section first, article
fifteen, of the constitution, have paid to the State any sum or sums of
money as excess, after retaining his salary, such excess is hereby appro-
priated to the payment of the salary or salaries so in arrear until each
of said clerks shall have received the full amount thereof; and it shall
be the duty of the comptroller of the State to draw a warrant upon the
State treasurer for the payment of said arrears out of the said excess,
not to exceed the amount so in arrear, and not to exceed the whole
amount of said excess paid into the treasury of the State.

This section in effect dedicates the receipts of a clerk's office primarily to
the payment of all necessary expenses, among which are the salaries of
deputies. The clerk can not appropriate any of the receipts to his salary
until such expenses are paid. This section referred to in determining the
liability of a clerk's bond under sections 9 and 15. State, use Smith, v. Tur-
ner, 101 Md. 588.
As to fees chargeable by clerks of courts, see art. 36, sec. 12.

Ibid. sec. 13. 1888 art. 17. sec. 12. 1860, art. 18. sec. 10. 1853, ch. 444, secs. 2, 3.

1862, ch. 255.

13. Every clerk, including the clerk of the court of appeals, shall
annually return to the comptroller a full and accurate account of all his
fees, emoluments and receipts, whether on his own account as such
clerk, or for the State, city or county, including fines and forfeitures,
and also of all expenses incident to his office; and such accounts shall
be rendered under oath, and in such forms and supported by such
proofs as shall be prescribed by the comptroller; and every clerk, includ-
ing said clerk of the court of appeals, shall render with his account of
the expenses incident to his office, a list of the clerks employed by him,
stating the rate of compensation allowed to each, and the duties which
they severally perform, and, also, the sums paid for stationery, official