CLEBES OF COURTS. 565

in said office, or that in case he shall remove or resign, he, the said A. B.,
his executors or administrators, shall surrender and deliver up, or cause
to be surrendered and delivered up to the next person who shall succeed
him in said office, all the papers and record books being in said office, in
good order and repair, with the records and entries faithfully, legibly and
truly made up and entered, during the time he hath officiated in the said
clerk's office, without favor or affection, but according to the truth and the
nature of the thing, and shall well and faithfully pay over to the treasurer
of the State of Maryland all sums of money received by him for the use of
the State, according to law, in the manner and at the time limited by law,
without fraud or further delay, and shall well and truly account for the
same with the officer or person or persons authorized to receive the same;
and the duty of his said office by law imposed legally, duly and faithfully
shall discharge, according to law and the true intent and meaning of the
law in such case made and provided, then the above obligation to be void
and of none effect, or else to remain in full force and virtue in law."

Court records being public property, the state is bound to supply them if lost,
and in such event may hold clerk's bond liable. State v. Wayman, 2 G. & J. 282.

Cited but not construed in Belt v. Prince George's County Abstract Co., 73 Md.
292; Dowling v. Smith, 9 Md. 267.

See secs. 11, 17 and 39.

As to suits on the bond of court clerks, see art. 75, secs. 20, 21 and 108.

Re. counter security upon application of sureties on clerk's bonds, see art. 90,
sec. 5.

An. Code, sec. 49. 1904, sec. 48. 1888, sec. 45. 1823, ch. 195, sec. 1. 1840, ch. 52.

1916, ch. 323.

53. The said bond shall be recorded in the office of the court of which
he is clerk and shall be renewed every second year during the first four
days of the Fall term of said court, provided, however, that if the surety
upon said bond be an approved surety company said bond may be for the
full term of said clerk, and an annual receipt showing payment of pre-
mium, executed by such surety company, shall be filed by the clerk with
the approval of the court endorsed thereon, which receipt shall be recorded
in like manner as the original bond; and where the Circuit Court for any
county is held in December, such court shall be deemed a Fall term within
the meaning of this Section.

An. Code, sec. 50. 1904, sec. 49. 1888, sec. 46. 1823, ch. 195, sec. 2.

54. On default of any clerk to execute the bond required by the two
preceding sections, within the time therein prescribed, such defaulter shall
be subject to a penalty of one thousand dollars, to be recovered by indict-
ment in the name of the State, in the circuit court for the county in which
he shall reside.

An. Code, sec. 51. 1904, sec. 50. 1888, sec. 47. 1823, ch. 195, sec. 3.

55. It shall be the duty of each clerk to transmit to the comptroller,
on the first day of January next after the execution of said bond, a certified
copy thereof.