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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 667   View pdf image (33K)
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CLERKS OF COURTS 667

settled, and also the docket entries of every execution or other final proc-
ess under which any personal property shall have been seized or taken,
together with a copy of the schedule or schedules accompanying such exe-
cution, and the sheriff's return thereon, regularly paged and indexed as
directed in the preceding section; and for the services required in this
and the preceding section, the clerk shall be entitled to twenty-five cents
for each suit or action, to be taxed in the bill of costs against the plaintiff,
or in the additional costs of said execution, and endorsed thereon.

An. Code, 1924, sec. 23. 1912, sec. 21. 1904, sec. 21. 1888, sec. 20. 1817, ch. 119, sec. 8.

1882, ch. 469.

30. The said clerk shall also, in well-bound books, make up and com-
plete a record of the proceedings in every case where the title to real estate
has been decided by decree, judgment or award, and in all cases where any
lands or tenements have been seized and sold under executions, together
with the several returns to such executions; and the records of all such
decrees, judgments, papers and proceedings shall be made up at full length,
and in the manner before required, within the term of six months from the
time when the same shall be finally rendered, made and completed; and
where any sale of lands or tenements shall be made under two or more
writs of execution, it shall be sufficient to make up the record only of the
elder of said judgments, with the execution, return and sale under such
writ; and of each of the other judgments there shall be embraced in said
record only a short copy, and only the docket entries of the writs of execu-
tion thereon, respectively; and no clerk shall record any decree or judgment
except such as relates to the title to land, or those under which lands have
been sold in virtue of an execution thereon.

In view of this section and sec. 28, 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 object of this section is for security, and to furnish convenient means .of evi-
dence in other courts. Boteler v. State, 8 G. & J. 382.

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.

See sec. 64, et seq.

See art. 21, "Conveyancing."

An. Code, 1924, sec. 24. 1912, sec. 22. 1904, sec. 22. 1894, ch. 513, sec. 20A.

31. Said clerk, whenever requested in writing to do so by the trustee,
attorney or party in interest, shall record among the chancery, judicial or
other proper record books of his office, such bill of complaint, decree, order
of court, trustee's report, auditor's account and report or other paper filed
in a cause in his office, although the title to land may not be involved therein,
provided the cost of such recording be first paid or provided for.

An. Code, 1924, sec. 25. 1912, sec. 23. 1904, sec. 23. 1888, sec. 21. 1845, ch. 254, sec. 3.

1854, ch. 313.

32. If any clerk shall neglect or refuse to comply with the provisions
of the three preceding sections, he shall be guilty of a misdeameanor, and
shall forfeit the sum of two hundred dollars for the use of the State; pro-
vided, that so far as the proceedings mentioned in section 30 are concerned,
the clerk shall not be required to record the same until the costs thereof
shall have been first paid. This section shall not apply to Anne Arundel,
Howard and Worcester Counties.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 667   View pdf image (33K)
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