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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 553   View pdf image (33K)
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CLERKS OF COURTS. 5'53

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 3. 1748, ch. 7, sec. 3.

5. Every clerk shall attend at his office for the transaction of the busi-
ness thereof every day, except Sundays, either in person or by deputy,
unless prevented by sickness, accident or necessity.

The law does not contemplate that the clerk shall be constantly present in person
at his office. Harris v. Regester, 70 Md. 123.

An. Code, sec. 5. 1904, sec. 5. 1888, sec. 4. 1715, ch. 48, sec. 11.

6. No clerk of any court of this State shall deliver to any attorney,
sheriff or other person any blank writ whatsoever; and any clerk so offend-
ing shall be subject to a penalty of one hundred dollars.

As to how the clerk is to issue writs to other counties, and his duties relative
to the same, see art. 75, sec. 171, et seq.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 5. 1790, ch. 51. 1816, ch. 241...

7. Every clerk shall receive all books, documents, public letters and
packages sent to him pursuant to law, and shall carefully dispose of. them as
the law requires.

An. Code, see. 7. 1904, sec. 7. 1888, sec. 6. 1777, ch. 12, sec. 3. 1794, ch. 54, sec. 9.
1865, ch. 5. 1878, ch. 475. 1888, ch. 475:

8. The clerks of the courts of this State may issue an execution on
judgment or decree at any time after the rendition thereof, directed to
the sheriff of another county, whether the return of nulla bona to a writ
of execution issued to the sheriff of the county or city wherein the said
judgment or decree was rendered has been made or not, which writ of
execution, issued and directed to the sheriff of another county, shall be
made returnable to the circuit court for the county to which it may be
sent, and if sent to the city of Baltimore returnable to.the superior court
of said city; and there shall be sent therewith by the clerk issuing the same
to the clerk of the court to which said writ shall be returnable a copy of
the docket entries in the case, upon which the court may proceed on said
execution by renewal or otherwise, in the same manner as if said.execution
had issued on a judgment or decree rendered in said court; and an attach-
ment on judgment or decree shall be regarded as an execution within the
meaning of this section; provided, that no judgment or decree shall be a
lien upon real estate situated in another county from that wherein the said
judgment or decree was obtained, or in the city of Baltimore, except from
the date of entry of the copy of the docket entries by the clerk of the court
to which the said writ shall be returnable.

The object of requiring a copy of the docket entries to be sent, is to inform the
court whether a judgment has been rendered, and execution properly issued..
Though the clerk fails to make a proper copy, the execution will not be quashed
if the court can see that there was a valid subsisting judgment, and that the exe-
cution properly issued. Copy of docket entries held sufficient under this'section.
Mitchell v. Chestnut, 31 Md. 526.
After the issue of the first fi. fa., a writ of attachment may be issued instead of a,
second fi. fa. Copy of docket entries held insufficient. Griffith v. Lynch, 21 Md. 577.
When the forfeiture of a recognizance is entered by, the court, it becomes a judg-
ment, and is embraced . within the terms of this section. Schultze v. State, 43
Md. 306.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 553   View pdf image (33K)
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