ART. 17] COMMISSIONS TO TAKE TESTIMONY. 459

the court of common pleas may each pass all orders nisi for the ratifi-
cation of sales made and reported under decrees or orders of the court
of which he is clerk, but not final orders.

1904, art. 17, sec. 32. 1888, art. 17, sec. 30. 1860, art. 18, sec. 28.
1852, ch. 173, sec. 2.

33. Every clerk may issue commissions to take testimony in com-
mon-law cases to the standing commissioners appointed by his court for
that purpose, and, if the parties agree thereto in writing, may issue a
commission to any person or persons named in such agreement.

If the clerk in Issuing the commission writes the defendant's name as
"John Turner," whereas it should have been "John Peterson," and there is
nothing to show that there is no case in the court against "John Turner,"
the commission is not evidence. Ellicott v. Peterson, 4 Md. 485.
See art. 35, sec. 19, et seg.

Ibid. sec. 33. 1888, art. 17. sec. 31. 1860, art. 18. sec. 30. 1852, ch. 173, sec. 4.

34. They may pass and issue orders of publication to notify non-
resident defendants.

Ibid. sec. 34. 1888, art. 17. sec. 32. 1860, art. 18, sec. 31. 1742, ch. 10, sec. 2.

1800, ch. 82, sec. 3.

35. No clerk shall receive any fees or compensation for services
rendered as clerk, until he has given bond, executed and approved as
herein provided.

See sections 9, 15 and 48, et seq.

Ibid. sec. 35. 1888, art. 17, sec. 33. 1860, art. 18, sec. 32. 1731, ch. 15, sec. 2.

36. Every clerk shall make out accounts of his fees in a fair,
legible hand, and in words at length.

The object and intent of this section discussed. Jamison v. State, 55 Md
103.

As to fees chargeable by clerks of courts, see art. 36, sec. 12.

Ibid. sec. 36. 1888, art. 17, sec. 34. 1860, art. 18, sec. 33. 1731. ch. 15, sec. 3.

37. He shall deliver to either plaintiff or defendant (if required)
full copies, in a fair, legible hand, of all the costs of suit recovered by
or against the party requiring the same; and on failure to do so he shall
forfeit and pay thirty dollars.
As to costs, see art. 24.

Ibid. sec. 37. 1888, art. 17, sec. 35. 1860, art. 18, sec. 34. 1794. ch. 54, sec. 10.

38. In all suits brought on bonds given to the State, the clerk,
before he issues the writ, shall endorse thereon the name of the party
at whose instance and for whose use such suit is instituted.

Ibid. sec. 38. 1888, art. 17, sec. 36. 1860, art. 18, sec. 35. 1838, ch. 275.
1839, ch. 25. 1870. ch. 295.

39. The clerks of the several courts of this State, and their
deputies, are hereby empowered to administer oaths upon all legal
papers for file in their respective offices upon which affidavits are
required by law.

As to fees for administering oaths, see art. 30, sec. 12.