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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2849   View pdf image (33K)
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PLEADINGS, PRACTICE AND PROCESS AT LAW 2849

The allowance of compensation to an officer of court, in addition to sum allowed
by law and not to exceed a certain sum, is a judicial and not a clerical act which must
be evidenced by an order entered under authority of the judge. This section and
secs. 74, 75, 76 and 77 of art. 75 of Code of 1860, dealing with compensation in removed
cases, construed. Baltimore City v. Baltimore County, 19 Md. 562.

As to costs in removed cases, see art. 24, sec. 1, et seq.

Re. state's attorneys, their duties, compensation, etc., see art. 10, sec. 33, et seq.

An. Code, 1924, sec. 116. 1912, sec. 109. 1904, sec. 107. 1888, sec. 102. 1806, ch. 90, sec. 9.

1853, ch. 10.

116. If it shall appear to any court to which any civil or criminal
case has been removed, that the transcript of the record in said case is not
a true transcript of the record or proceedings had in the court from which
the said case has been removed, it shall be the duty of the court to which
the case has been removed forthwith to order and direct that the said im-
perfect transcript shall be delivered to the clerk of the court from which
the same was sent; and it shall be the duty of said clerk receiving such
transcript so to him returned, to correct the same forthwith, noting at the
end thereof the corrections so made, or to prepare a new transcript of the
said record, which shall be correct in all its parts.

An. Code, 1924, sec. 117. 1912, sec. 109A. 1912, ch. 510.

117. The cost of transcript of record in all suits or actions at law,
issues from the Orphans' Court, or from any Court sitting in Equity, shall
be paid to the clerk making the same, by the party suggesting such re-
moval before the said record is transmitted.

An. Code, 1924, sec. 118. 1912, sec. 110. 1904, sec. 108. 1888, sec. 103. 1853, ch. 10.

118. The court to which any imperfect transcript is sent shall have
power to order the delivery thereof to the clerk of the court from which
the case was removed as often as may be necessary to the perfection of said
transcript as a true copy of the record in the case; and the court to which
such case is removed shall proceed with the trial thereof at as early a day
as may be; and all recognizances and other proceedings had in the court
to which the case is removed shall be as good and valid as if the transcript
of the record originally transmitted had been correct in all its parts.

An. Code, 1924, sec. 119. 1912, sec. 111. 1904, sec. 109. 1888, sec. 104. 1856, ch. 322, sec. 1.

119. In all civil cases which may be removed to another county under
the provisions of this article, and in which a final judgment may be ob-
tained, the clerk of the court in which such judgment may be obtained
shall, on application of the plaintiff therein, issue execution on said judg-
ment or decree against the goods and chattels, lands and tenements, rights
and credits, of any defendant lying in the county or city in which said
case shall have been originally instituted; or, if the judgment is for the
defendant, he may have the same remedy.

Art. 17, sec. 9, as it stood prior to act of 1888, ch. 475, held not to be a repeal of
this and the following section, and not to apply to removed cases which latter sections
were enacted to cover. Browning v. Loraw, 58 Md. 525.

An. Code, 1924, sec. 120. 1912, sec. 111A. 1912, ch. 384.

120. In all causes which may be removed to another Court under the
provisions of this article, after the said case shall have been heard and
determined, the clerk of the Court in which the said case shall have been


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2849   View pdf image (33K)
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