CLERKS OF COURTS. 555

interest on money collected pending its being paid over, he is liable to the state
for such interest. Vansant v. State, 96 Md. 124.

This section and sec. 17, provide that the clerk's bond shall be answerable for all
public money received by him, and the emoluments of his office over and above
the sum prescribed by the Constitution. The bond would have been so liable,
however, without these provisions. For what the clerk's bond is liable. It is liable
for a deputy clerk's salary and his charge for recording. Sufficiency of the declara-
tion. State, use Smith v. Turner, 101 Md. 589.

See secs. 17, 39 and 52, et seq.

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 9. 1874, ch. 231. 1876, ch. 363.

12. For receiving and paying over all public money received for licen-
ses, fines or otherwise, the several clerks of courts of this State shall receive
five per centum, except the clerk of the court of common pleas, who shall
receive one per centum commissions for receiving and paying over such
public money.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 10. 1853, ch. 444, sec. 1. 1862, ch. 255.

1865, ch. 157.

13. The clerks of the circuit courts for the counties, the emoluments of
whose office shall exceed the sum of three thousand dollars in any one year,
after deducting therefrom the necessary expenses incident to their office
for the same period, shall pay the excess to the treasurer; and the clerk of
the court of appeals shall also pay the excess over the sum of three thousand
dollars, after making the deduction aforesaid; and every such circuit court
clerk, the emoluments of whose office shall not amount to the sum of three
thousand dollars in any one year, as aforesaid, may present a statement
to the county commissioners of his county, under oath, showing the net pro-
ceeds of his office, together with a statement of the cost of the necessary
record books, stationery and fuel used in his office up to the first Monday
in June in each year; and the said county commissioners are hereby author-
ized and empowered to pay or levy for the use of said clerk the amount of
said books, stationery and fuel, as aforesaid; provided, that the amount
so paid or levied shall not, when added to the net proceeds of his office,
exceed the sum of three thousand dollars.

As to registers of wills, see art. 93, sec. 285, et seq.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 11. 1868, ch. 54.

14. Whenever the fees or other compensation of any of the clerks of
the courts of Baltimore city shall, after the payment of all necessary
expenses, fail to pay such clerk the salary provided for by the constitution,
and said clerks, or any of them, shall, under section first, article fifteen, of
the constitution, have paid to the State any sum or sums of money as excess,
after retaining his salary, such excess is hereby appropriated to the pay-
ment of the salary or salaries so in arrear until each of said clerks shall have
received the full amount thereof; and it shall be the duty of the comptroller
of the State to draw a warrant upon the State treasurer for the payment
of said arrears out of the said excess, not to exceed the amount so in arrear,
and not to exceed the whole amount of said excess paid into the treasury of
the State.

If the fees collected by the clerk of the criminal court are inadequate to meet
the expenses of his office, the deficiency may only be supplied by the state treasurer.