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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 557   View pdf image (33K)
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CLERKS OF COUETS. 557

An. Code, sec. 16. 1904, sec. 16. 1888, sec. 15. 1853, ch. 444, sec. 4

18. The comptroller shall, from time to time, limit and fix the com-
pensation of the assistant clerks or deputies to be employed by the several
clerks of the courts of this State; and no account for compensation for
services of any assistant clerk, deputy or other person employed in perform-
ing any of the duties pertaining to the office of any such clerks shall be
allowed until such assistant clerk or other person employed shall have cer-
tified under oath that the same services have been performed, that he has
received the full sum therein charged to his own use and benefit, and
that he has not paid, deposited or assigned, nor contracted to pay, deposit
or assign, any part of such compensation to the use of any person, or in
any way directly or indirectly paid, or given, or contracted to pay or give
any reward or compensation for his office or employment, or the emolu-
ments thereof.

This section referred to in construing sec. 14, in connection with secs. 11 and 17.
State, use Smith v. Turner, 101 Md. 589. (See notes to sec. 17.)

An. Code, sec. 17. 1904, sec. 17. 1888, sec. 16. 1840, ch. 96, sec. 1.

19. The clerk of any court may enter any judgment or decree satis-
fied upon the order in writing of the plaintiff or his attorney, and shall file
such order among the papers in the cause.

The power conferred by this section is not judicial, but ministerial, and the clerk
discharges such power subject to the control of the court. The object of this section
discussed. Where the clerk is directed to enter a judgment satisfied upon payment
of costs, and such judgment is entered satisfied without the condition being per-
formed, the act is nugatory. Waters v. Engle, 53 Md. 181.

This section does not affect the question of an attorney's authority to enter an
order of satisfaction. It was intended to give the clerk power to enter such order
without an order of court. B. & O. R. R. Co. v. Fitzpatrick, 36 Md. 629.

The filing of a receipt for a less sum than is due, though stated to be in full
against one defendant, held not to be an order of satisfaction under this section.
This section must be strictly complied with. Campbell v. Booth, 8 Md. 117.

An. Code, sec. 18. 1904, sec. 18. 1888, sec. 17. 1846, ch. 292.

20. The clerk of any court having the custody of dockets of justices of
the peace may enter satisfied any judgment standing open upon such dockets,
upon the production by the party applying for such entry of the receipt
of the plaintiff in the judgment, attested by a justice of the peace.

An. Code, sec. 19. 1904, sec. 19. 1888, sec. 18. 1817, ch. 119, sec. 9. 1845, ch. 254, sec. 1.

1849, ch. 505.

21. The clerk of every court of law or equity, except the court of
appeals, shall provide one or more well-bound books, and immediately
after each term of his court, enter and transcribe therein the docket entries
of each civil suit and action, legal and equitable, which shall have been
ended during the said term by trial, judgment, decree, agreement, non pros.
or abatement; and such transcript shall contain the style or names of the
parties, the nature of the case, the docket entries, and, if superseded, the
name or names of the superseders, and other memoranda as they appear
upon the docket, and the judgment, decree, order or agreement by which
the several actions or suits were terminated; and the bills of costs recover-

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 557   View pdf image (33K)
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