666 ARTICLE 17

An. Code, 1924, sec. 19. 1912, sec. 17. 1904, sec. 17. 1888, sec. 16. 1840, ch. 96, sec. 1.

26. 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 dis-
charges such power subject to the control of the court. The object of this section dis-
cussed. Where the clerk is directed to enter a judgment satisfied upon payment of
costs, and such judgment is entered satisfied without the condition being performed,
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 with-
out 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 sec-
tion must be strictly complied with. Campbell v. Booth, 8 Md. 117.

An. Code, 1924, sec. 20. 1912, sec. 18, 1904, sec. 18. 1888, sec. 17. 1846, ch. 292.

27. 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.

Cited in holding that Court can strike out recorded magistrate's judgment. Yealdhall
v. Maskol (Judge Dennis, Balto. Superior Ct.), Daily Record, Feb. 14, 1940.

An. Code, 1924, sec. 21. 1912, sec. 19. 1904, sec. 19. 1888, sec. 18. 1817, ch. 119, sec. 9.
1845, ch. 254, see. 1. 1849, ch. 505.

28. 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parties, the nature of the case, the docket entries, and, if superseded, the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-
able by the party in whose favor they shall have been awarded shall be like-
wise transcribed and entered; and the said books shall be truly and regu-
larly paged and alphabetically indexed with the names of plaintiffs and
defendants, and the whole completed before the ensuing term of the court.

Proceedings for the sale of mortgaged property, must be recorded so as to put any
person dealing with the subject matter upon notice. Sanders v. McDonald, 63 Md. 510.

In view of this section and sec. 30, any person dealing with the subject matter of a
decree for the sale of real estate, must be taken to have notice of the legal import and
operation of all the proceedings. Sanders v. McDonald, 63 Md. 510.

The failure to enter a judgment on the original trial docket before entry thereof in
accordance with this section, is nothing more than a clerical error which the court will
correct upon application. It is no ground for striking out the judgment. Bond v.
Citizens' Bank, 65 Md. 499.

The records of courts are public property, and. if they are not properly made up or
preserved, the state must supply the defect, and the bond of the clerk is liable. State v.
Wayman, 2 G. & J. 282.

Where the case is not terminated this section does not apply. State v. Logan,
33 Md. 9.

This section referred to in construing art. 26, sec. 20. Messinger v. Eckenrode, 162
Md. 69.

An. Code, 1924, sec. 22. 1912, sec. 20. 1904, sec. 20. 1888, sec. 19. 1845, ch. 254, secs. 1, 2.

29. The said clerks shall also transcribe and enter the docket entries
of every execution which shall be entered satisfied or otherwise finally