670 ARTICLE 17

of common pleas may each pass all orders nisi for the ratification of sales
made and reported, under decrees or orders of the court of which he is
clerk, but not final orders.

An. Code, 1924, sec. 37. 1912, sec. 33. 1904, sec. 32. 1888, sec. 30. 1852, ch. 173, sec. 2.

44. Every clerk may issue commissions to take testimony in common-
law cases to the standing commissioners appointed by his court for that pur-
pose, and, if the parties agree thereto in writing, may issue a commission
to any person or persons named in such agreement.

If the clerk in issuing the commission writes the defendant's name as "John Turner,"
whereas it should have been "John Peterson," and there is nothing to show that there is
no case in the court against "John Turner," the commission is not evidence. Ellicott v.
Peterson, 4 Md. 485.

See art. 35, sec. 24, et seq.

An. Code, 1924, sec. 38. 1912, sec. 34. 1904, sec. 33. 1888, sec. 31. 1852, ch. 173, sec. 4.

45. They may pass and issue orders of publication to notify non-resi-
dent defendants.

An. Code, 1924, sec. 39. 1912, sec. 35. 1904, sec. 34. 1888, sec. 32. 1742, ch. 10, sec. 2.
1800, ch. 82, sec. 3.

46. No clerk shall receive any fees or compensation for services
rendered as clerk, until he has given bond, executed and approved as herein
provided.
See secs. 18, 24 and 58, et seq.

An. Code, 1924, sec. 40. 1912, sec. 36. 1904, sec. 35. 1888, sec. 33. 1731, ch. 15, sec. 2.

47. Every clerk shall make out accounts of his fees in a fair, legible
hand, and in words at length.
Object and intent of this section discussed. Jamison v. State, 55 Md. 103.
As to fees chargeable by clerks of courts, see art. 36, sec. 12.

An. Code, 1924, sec. 41. 1912, sec. 37. 1904, sec. 36. 1888, sec. 34. 1731, ch. 15, sec. 3.

48. He shall deliver to either plaintiff or defendant (if required) full
copies, in a fair, legible hand, of all the costs of suit recovered by or against
the party requiring the same; and on failure ,to do so he shall forfeit and
pay thirty dollars.
As to costs, see art. 24.

An. Code, 1924, sec. 42. 1912, sec. 38. 1904, sec. 37. 1888, sec. 35. 1794, ch. 54, sec. 10.

49. In all suits brought on bonds given to the State, the clerk, before
he issues the writ, shall endorse thereon the name of the party at whose
instance and for whose use such suit is instituted.

An. Code, 1924, sec. 43. 1912, sec. 39. 1904, sec. 38. 1888, sec. 36. 1838, ch. 275.
1839, ch. 25. 1870, ch. 295.

50. The clerks of the several courts of this State, and. their deputies,
are hereby empowered to administer oaths upon all legal papers for file
in their respective offices upon which affidavits are required by law.
As to fees for administering oaths, see art. 36, sec. 12.

An. Code, 1924, sec. 44. 1912, sec. 40. 1904, sec. 39. 1888, sec. 37. 1790, ch. 51, sec. 14.

5.1. No clerk shall deliver the laws and public documents sent to him
by the librarian to any other person than to him who is entitled to receive
the same, or to his order in writing, under the penalty of fifteen dollars.