ART. III] LEGISLATIVE DEPARTMENT. . 61

Where a husband, to secure his debt, mortgaged property held by him-
self and wife as tenants by the entireties, upon a foreclosure of the mort-
gage; the purchaser is not entitled to possession as against the wife, since
the mortgage by the husband could not affect her rights. McCubbin v.
Stanford, 85 Md. 390.

Under this section, a judgment obtained by the husband and wife for
injuries to the wife, is exempt from execution or attachment by creditors
of the husband. The words of this section are general and comprehensive
and they give protection to all the property of the wife. Clark v. Wooten,
63 Md. 113; McCubbin v. Stanford, 85 Md. 390; Jordan v. Reynolds. 105
Md. 293.

Where a judgment creditor of the husband seizes property which the
wife claims, the latter is entitled to have her claim fairly considered and
to have her evidence tested by the recognized rules for weighing evidence.
Property held to belong to the wife. Beall v. Frank, 93 Md. 335.

Since this section, protects the wife from the creditors of the husband,
equity should more readily shield her from the claims of the husband
himself or his next of kin. Baker v. Hedrich, 85 Md. 661.

This section does not exempt from distress furniture on the demised
premises at the time of the distress, which belongs to the wife of a person
not the tenant. Kennedy v. Lange, 50 Md. 94.

This section (as it stood in the constitution of 1851), held not to operate
to change the rights of property acquired by marriage so as to deprive
the husband of his marital rights secured by the common law. Schindel v.
Schindel, 12 Md. 312; McCubbin v. Stanford, 85 Md. 390.

Cited but not construed in Oswald v. Hoover, 43 Md. 370.

See article 45 of the Annotated Code.

Sec. 44. Laws shall be passed by the General Assembly to protect
from execution a reasonable amount of the property of the debtor, not
exceeding in value the sum of five hundred dollars.

This section relates to the exemption of property from execution, and
is not applicable to cases of exemption from attachment of "money or
other benefits" payable under a certificate of a fraternal order. Section
236 of article 23 of the Annotated Code, upheld. Himmel v. Eichengreen,
107 Md. 613.

See article 83, section 8, et seq., of the Annotated Code.

Sec. 45. The General Assembly shall provide a simple and uniform
system of charges in the offices of Clerks of Courts and Registers of
Wills, in the Counties of this State and the City of Baltimore, and for
the collection thereof; provided, the amount of compensation to any
of the said officers in the various Counties shall not exceed the sum of
three thousand dollars a year, and in the City of Baltimore thirty-five
hundred dollars a year, over and above office expenses, and compensa-
tion to assistants; and provided further that such compensation of
Clerks, Registers, assistants and office expenses shall always be paid
out of the fees or receipts of the offices, respectively.

A clerk who deposits in bank until it is paid over, .money of the state
collected for licenses and from other sources, is liable for interest received
thereon from the banks. A'ansant v. State, 96 Md. 127.

A register of wills is not entitled to retain, as extra compensation, the
commission which is allowed by law on the amount of taxes on collateral
inheritances and on commissions of executors and administrators. Bank v.
State, 60 Md. 307.

This section referred to in construing article 4, section 26, and in hold-
ing the official bond of a clerk liable for the salaries of his deputies. State
use of Smith v. Turner, 101 Md. 588.
See article 24 of the Annotated Code.