224 CLERKS OF COURTS. [ART. 17.
shall duly and carefully look after, sustain, preserve, repair and
maintain all the several books, papers and records being and re-
maining in the said office, as also those that from time to time,
during his continuance in the said office, shall be added thereunto,
in such manner as that in case of death, or that he shall be
legally dismissed from officiating longer in said office, or that in
case he shall remove or resign, he, the said A. B., his executors
or administrators, shall surrender and deliver up, or cause to be
surrendered and delivered up to the next person who shall suc-
ceed him in said office, all the papers and record books being in
said office, in good order and repair, with the records and entries
faithfully, legibly and truly made up and entered, during the
time he hath officiated in the said clerk's office, without favor or
affection, but according to the truth and the nature of the thing,
and shall well and faithfully pay over to the treasurer of the
State of Maryland, all sums of money received by him for the
use of the State, according to law, in the manner and at the time
limited by law, without fraud or further delay, and shall well
and truly account for the same with the officer or person or per-
sons authorized to receive the same; and the duty of his said
office by law imposed legally, duly and faithfully shall discharge,
according to law and the true intent and meaning of the law in
such case made and provided, then the above obligation to be
void and of none effect, or else to remain in full force and virtue-
in law."
State v. Wayman, 2 G. & J. 255.
F. G. L., (1860,) art. 18, sec. 43. 1823, ch. 195, sec. 1. 1840, ch. 52.
45. The said bond shall be recorded in the office of the court
of which he is clerk, and shall be renewed every second year
during the first four days of the fall term of said court; and
where the circuit court for any county is held in December, such
court shall be deemed a fall term in the meaning of this section.
Ibid. sec. 44. 1823, ch. 195, sec. 2.
46. On default of any clerk to execute the bond required by
the two preceding sections, within the time therein prescribed,
such defaulter shall be subject to a penalty of one thousand dol-
lars, to be recovered by indictment in the name of the State, in
the circuit court for the county in which he shall reside.
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