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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 456   View pdf image (33K)
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456 CLERKS OF COURTS. [ART. 17

The records of courts are public property, and if they art not properly
made up or preserved, the state must supply the defect, and the bond ot"
the clerk is liable. State v. Wayman. 2 G. & J. 282.

Where the case is not terminated this section does not apply. State v.
Logan, 33 Md. 9.

1904, art. 17, sec. 20. 1888. art. 17, sec. 19. 1860, art. 18, sec. 17.
1845, ch. 254, secs. 1, 2.

20. The said clerks shall also transcribe and enter the docket entries
of every execution which shall be entered satisfied or otherwise finally
settled, and also the docket entries of every execution or other final
process under which any personal property shall have been seized or
taken, together with a copy of the schedule or schedules accompany-
ing such execution, and the sheriff's return thereon, regularly paged
and indexed as directed in the preceding section; and for the services
required in this and the preceding section, the clerk shall be entitled
to twenty-five cents for each suit or action, to be taxed in the bill of
costs against the plaintiff, or in tie additional costs of said execution,
and endorsed thereon.

Ibid. sec. 21. 1888. art. 17, sec. 20. 1860. art. 18, sec. 19. 1817. ch. 119, sec. 8.

18S2, ch. 469.

21. The said clerk shall also, in well-bound books, make up and
complete a record of the proceedings in every case where the title to
real estate has been decided by decree, judgment or award, and in all
cases where any lands or tenements have been seized and sold under
executions, together with the several returns to such executions; and
the records of all such decrees, judgments, papers and proceedings shall
be made up at full length, and in the manner before required, within
the term of six months from the time when the same shall be finally
rendered, made and completed; and where any sale of lands or tene-
ments shall be made under two or more writs of execution, it shall bo
sufficient to make up the record only of the elder of said judgments,
with the execution, return and sale under such writ; and of each of
the other judgments there shall be embraced in said record only a
short copy, and only the docket entries of the writs of execution
thereon, respectively: and no clerk shall record any decree or judgment
except such as relates to the title to land, or those under which lands
have been sold in virtue of an execution thereon.

In view of this section and section 19. any person dealing with the subject
matter of a decree for the sale of real estate, must be taken to have notice
of the legal import and operation of all the proceedings. Sanders v.
McDonald. 63 Md. 510.

The object of this section is for security, and to furnish convenient means
of evidence in other courts. Boteler v. State. 8 G. & J. 382.

The records of courts are public property, and if they are not properly
made up or preserved, the state must supply the defect and the bond of the
clerk is liable. State v. Wayman. 2 G. & J. 282.
See sec. 54, et seq.
See art. 21, "Conveyancing."

Ibid. sec. 22. 1894, ch. 513, sec. 20 A.

22. Said clerk, whenever requested in writing to do so by the
trustee, attorney or party in interest, shall record among the chancery.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 456   View pdf image (33K)
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