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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 556   View pdf image (33K)
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556 ARTICLE 17.

as provided by this section. Liability of the city of Baltimore for fees due the clerk
of the criminal court. Baltimore v. Pattison, 136 Md. 70.

This section in effect dedicates the receipts of a clerk's office primarily to the
payment of all necessary expenses, among which are the salaries of deputies. The
clerk cannot appropriate any of the receipts to his salary until such expenses are
paid. This section referred to in determining the liability of a clerk's bond under
secs. 11 and 17. State, use Smith v. Turner, 101 Md. 588.

As to fees chargeable by clerks of courts,'see art. 36, sec. 12.

An. Code, sec. 13. 1904, sec. 13. 1888, sec. 12. 1853, ch. 444, secs. 2, 3. 1862, ch. 255.

15. Every clerk, including the clerk of the court of appeals, shall
annually return to the comptroller a full and accurate account of all his
feea, emoluments and receipts, whether on his own account as such clerk,
or for the State, city or county, including fines and forfeitures, and also of
all expenses incident to his office; and such accounts shall be rendered under
oath, and in such forms and supported by such proofs as shall be prescribed
by the comptroller; and every clerk, including said clerk of the court of
appeals, shall render with his account of the expenses incident to his office,
a list of the clerks employed by him, stating the rate of compensation allowed
to each, and the duties which they severally perform, and, also, the sums
paid for stationery, official and contingent expenses, fuel and other items,
and stating the purposes for which said expenses are applied; and in the
account of fees there shall be a separate statement of all those fees charged
during the year included in said account, which at the date of said account
remained uncollected.

The clerk must account for interest received by him on money collected, pending
its being paid over. Vansant v. State, 96 Md. 127.
As to fees chargeable by clerks of courts, see art. 36, sec. 12.

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 13. 1853, ch. 444, sec. 5.

16. Any clerk who shall be guilty of false swearing in taking the oath
required by the preceding section and constitution, in returning to the
comptroller an account of the receipts and expenses of his office, with the
intention to deceive and defraud the treasury, shall be guilty of perjury.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 14. 1853, ch. 444, sec. 6.

17. The official bond of such clerk shall be answerable for the emolu-
ments of his office over and above the sum prescribed by the constitution,
and he shall also, upon failure or neglect to pay or account for the excess
over and above said sum, be subjected to a fine not exceeding one thousand
dollars.

Where the clerk fails to account for the interest gotten on money collected pend-
ing its being paid over, his bond is liable. Vansant v. State, 96 Md. 130.

This section, and sec. 11, 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, how-
ever, 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 declaration.
State, use Smith v. Turner, 101 Md. 589.

For a similar section applicable to the bonds of registers of wills, see art. 93,
sec. 285.

See secs. 11, 39 and 52, et seq.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 556   View pdf image (33K)
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