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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 560   View pdf image (33K)
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560 ARTICLE 17.

An. Code, see. 24A. 1914, ch. 254.

28. The Clerks of the several Circuit Courts for the counties and the
Clerk of the Superior Court of Baltimore City, shall in well bound books
to he by them provided, register, record, docket and index all judgments
and decrees of the Courts of the United States, in the same manner and at
like charges as judgments and decrees of the State Courts are by them
registered, recorded, docketed and indexed, and if any such clerk shall
neglect or refuse to make such record he shall be deemed guilty of a misde-
meanor and shall forfeit and pay the sum of one hundred dollars for the
use of the state.

An. Code, sec. 25. 1904, sec. 24. 1888, sec. 22. 1817, ch. 119, sec. 8.

29. If any person applies for a copy of the record of a judgment or
decree in any case where the judgment or decree is not required by law
to be recorded, the clerk shall make and certify a copy of the same from
the papers, minutes and docket entries of such case, which shall be as
available as a regular transcript of a recorded judgment or decree.

An. Code, sec. 26. 1904, sec. 25. 1888, sec. 23. 1826, ch. 200, sec. 6.

30. The clerk of any court shall, upon application during the vacation
of said court, enter an appeal from the judgment, order or decree of said
court to the court of appeals.

An. Code, sec. 27. 1904, sec. 26. 1888, sec. 24. 1723, ch. 8, sec. 5. 1822, ch. 131.
1826, ch. 200, sec. 3. 1842, ch. 70. 1853, ch. 374.

31. The clerks may approve any appeal bond, writ of error bond, bond
for removal of proceedings by writ of certiorari, injunction bond, trustee's
bond or receiver's bond to be filed, in their respective courts.

An. Code, sec. 28. 1904, sec. 27. 1888, sec. 25. 1860, ch. 132, sec. 1.

32. The clerks of the circuit courts for the several counties, of the
superior court of Baltimore city, the court of common pleas, the Baltimore
city court, and the circuit court and circuit court No. 2 of Baltimore city
shall have the power and jurisdiction to take supersedeas of judgments and
decrees in their respective courts, as a justice of the peace in the counties
has by law; and the supersedeas so taken shall have the same effect as if
taken by a justice of the peace; and every surety in a supersedeas of a
judgment rendered in the respective courts, and superseded before the
clerks of said courts, shall sign the same, or if he cannot write shall make
his mark, to be attested by the clerk; and the several clerks shall be entitled
to a fee of twenty-five cents for each supersedeas.

No power is conferred by this section upon the clerk of the criminal court of
Baltimore city to take supersedeas of a judgment rendered in that court. In taking
a supersedeas, the clerk should pursue the form contained in art. 52, sec. 59. Backus
v. State, 118 Md. 540.

The clerk acts under this section by virtue of a special authority, and not in the
discharge of his ordinary duties. He has no authority to change the date of a
supersedeas, and if he does so, the supersedeas will be stricken out. Smith v. Bowes,
38 Md. 465; Bowes v. Isaacs, 33 Md. 539; Backus v. State, 118 Md. 540.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 560   View pdf image (33K)
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