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ART. 91.] SURETIES.
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297
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his county, be fined in each case not less than fire or
more than twenty -five dollars in the discretion of the
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Penalty.
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court; provided, that the road supervisors in those
counties where the county commissioners make the
appropriation and levy for roads in advance of the
expenditure by the supervisors shall not be required
or authorized to expend in the repair of roads with-
in their respective districts, a larger sum per mile
than shall have been levied by the county commis-
sioners for that purpose.
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Proviso.
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In force from March 7, 1862. See 1867, ca. 200 and 289, relating to public roads,
under Public General Laws, Art. XXVIII, County Commissioners.
ARTICLE XCI.
Sureties
6. How and when clerks or registers required to give counter security penalty for non-com-
pliance fees of office attachable.
1867, c. 234 adds the following section to this article:
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SEC. 5. Whenever the surety of any clerk or reg-
ister of wills of any county or the city of Baltimore
shall, by petition under oath, certify to the judge of
the circuit court of such county or city that he be-
lieves himself to be in danger of suffering from his
securityship, from the defalcation of such clerk or
register or from other malfeasance in office, the judge
of such court shall forthwith pass an order requiring
a copy of the said petition to be served on such clerk
or register within five days, and shall within ten
days thereafter take up the case, and if he shall be
satisfied, from the evidence of the truth of the mat-
ters alleged, he shall pass an order requiring such
clerk or register within a specified time to give
counter security, to be approved in the same man-
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1867, c. 284.
How and when
clerks or regis-
ters required to
give counter
security.
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