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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 101   View pdf image (33K)
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LEGISLATIVE DEPARTMENT. 101

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 husband. The
words of this section are general and comprehensive and they give protection to all
the wife's property. 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. Ken-
nedy 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; Mc-
Cubbin v. Stanford, 85 Md. 390.

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

See art. 45, An. 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. Sec. 236 of art. 23 of the An. Code
of 1912 (see foot-note to art. 48A this Code), upheld. Himmel v. Eichengreen, 107
Md. 613.

See art. 83, sec. 8, et seq., and notes to art. 83, sec. 8, An. 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 compensation 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.

This section referred to in deciding that the city is obligated to pay the clerk of
the criminal court of the city of Baltimore his fees for services rendered in the
public interest. This section and art. 15, sec. 1, make no distinction as to the sources
from which the fees of the, officers referred to may be derived, but require the pay-
ment of the surplus to the state treasurer. Baltimore v. Pattison, 136 Md. 69.

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. Vansant v. State, 96 Md. 127.

A register of wills is not entitled to retain, as extra compensation, the commis-
sion 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 art. 4, sec. 26, and in holding the official
bond of a clerk liable for the salaries of his deputies. State use of Smith v. Turner
101 Md. 588.

See art. 24, An. Code.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 101   View pdf image (33K)
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