462 CLERKS OF COLLETS. [ART. 17

Clerks of Circuit Courts.

1904, art. 17, sec. 47. 1888, art. 17, sec. 44. 1860, art. 18, sec. 42. 1742, ch. 10.
1800, ch. 82, sees. 2, 3. 1824, ch. 95. 1844, ch. 63.

48. The clerks of the several circuit courts for the counties shall
each give bond to the State of Maryland in the penalty of fourteen thou-
sand dollars, with good, able and sufficient securities, being persons of
visible and landed estates within this State, to be approved by the
judge of the circuit court of which he is clerk, with the following con-
dition : "The condition of the above obligation is such, that if the above
bound A. B., whilst he shall continue in the office of the clerk of the
circuit court for —————— county, shall, at his own proper cost and
charge, find a supply of good and sufficient record books, necessary for
the entering up of all matters and things relating to such office, and
shall and will make or cause to be made and entered, true, legal and
perfect records and entries, according to the truth and nature of the
matter or thing required to be entered or recorded, and shall duly and
carefully look after, sustain, preserve, repair and maintain all the
several books, papers and records being and remaining in the said office,
as also those that from time to time, during his continuance in the
said office, shall be added thereunto, in such manner as that in case of
death, or that he shall be legally dismissed from officiating longer in
said office, or that in case he shall remove or resign, he, the said A. B.,
his exectors or administrators, shall surrender and deliver up, or cause
to be surrendered and delivered up to the next person who shall suc-
ceed him in said office, all the papers and record books being in said
office, in good order and repair, with the records and entries faithfully,
legibly and truly made up and entered, during the time he hath offici-
ated in the said clerk's office, without favor or affection, but according
to the truth and the nature of the thing, and shall well and faithfully
pay over to the treasurer of the State of Maryland all sums of money
received by him for the use of the State, according to law, in the man-
ner and at the time limited by law, without fraud or further delay, and
shall well and truly account for the same with the officer or person or
persons authorized to receive the same; and the duty of his said office
by law imposed legally, duly and faithfully shall discharge, according
to law and the true intent and meaning of the law in such case made
and provided, then the above obligation to be void and of none effect, or
else to remain in full force and virtue in law."

Court records being public property, the state is bound to supply them if

lost, and in such event may hold the clerk's bond liable. State v. Wayman.

2 G. & J. 282.

Cited but not construed in Belt v. Prince George's County Abstract Co.. 73

Md. 292; Bowling v. Smith. 9 Md. 267.
See sections 9, 15 and 35.
As to suits on the bond of court clerks, see article 75. sections 16. 17 and

101.

As to counter security upon application of sureties on clerk's bonds, see

art. 90, sec. 5.