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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 454   View pdf image (33K)
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454 CLERKS OF COURTS. [ART. 17

and contingent expenses, fuel and other items, and stating the purposes
for which said expenses are applied; and in the account of fees there
shall be a separate statement of all those fees charged during the year
included in said account, which at the date of said account remained
uncollected.

The clerk must account for interest received by him on money collected,
pending its being paid over. Vansant v. State. 96 Md. 127.

As to fees chargeable by clerks of courts, see art. 30, sec. 12.

1904, art. 17, sec. 14. 1S88, art. 17, sec. 13. 1860, art. 18, sec. 11.
1853, ch. 444, sec. 5.

14. Any clerk who shall be guilty of false swearing in taking the
oath required by the preceding section and constitution, in returning
to the comptroller an account of the receipts and expenses of his office,
with the intention to deceive and defraud the treasury, shall be guilty
of perjury.

Ibid. sec. 15. 1888, art. 17, sec. 14. 1860, art. 18, sec. 12. 1853, ch. 444, sec. 6.

15. The official bond of such clerk shall be answerable for the
emoluments of his office over and above the sum prescribed by the
constitution, and he shall also, upon failure or neglect to pay or account
for the excess over and above said sum, be subjected to a fine not exceed-
ing one thousand dollars.

Where the clerk fails to account for the interest gotten on money collected
pending its being paid over, his bond is liable. Vansaut v. State, 96 Md. 130.
This section, and section 9. 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 record-
ing. Sufficiency of the declaration. State, use Smith, v. Turner, 101 Md. 589.
For a similar section- applicable to the bonds of registers of wills, see art.
93. sec. 270.

See sections 9, 35 and 48, et seq.

Ibid. sec. 10. 1888, art. 17. sec. 15. 1860. art. 18, sec. 13. 1853. ch. 444, sec. 4.

16. The comptroller shall, from time to time, limit and fix the
compensation of the assistant clerks or deputies to be employed by the
several clerks of the courts of this State; and no account for compensa-
tion for services of any assistant clerk, deputy or other person employed
in performing any of the duties pertaining to the office of any such
clerks shall be allowed until such assistant clerk or other person
employed shall have certified under oath that the same services have
been performed, that he has received the full sum therein charged to
his own use and benefit, and that he has not paid, deposited or assigned,
nor contracted to pay, deposit or assign, any part of such compensation
to the use of any person, or in any way directly or indirectly paid, or
given, or contracted to pay or give any reward or compensation for his
office or employment, or the emoluments thereof.

This section referred to in construing section 12, in connection with sec-
tions 9 and 15. State, use Smith, v. Turner, 101 Md. 589. (See notes to
section 15).

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 454   View pdf image (33K)
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