90
LAWS OF MARYLAND.
Passed March
17, 1853.
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CHAPTER
87.
AN ACT for the benefit of Samuel T. Stonestreet, late
Clerk of Montgomery
County Court.
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Preamble.
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WHEREAS, Samuel T. Stonestreet,
late clerk of
Montgomery county court, failed to place his fees in the
hands of the sheriffs of the several counties of this State
and the city of Baltimore, for collection, by the time
specified by the act of January session, eighteen hundred
and fifty-two, chapter one hundred and four;
Therefore,
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Fees may be
collected by
sheriffs.
Proviso.
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SECTION 1. Be it enacted
by the General Assembly
of Maryland, That all fees due to Samuel T. Stonestreet,
late clerk of Montgomery county court, whose
term of service expired by constitutional limitation,
shall be received and collected by the sheriffs of the
several counties of this State, and of the city of Baltimore,
in the same manner as fees due such officers have
been heretofore collected, and such sheriffs shall use
and have the same means of enforcing payment of and
collecting said fees, and be liable to the said Samuel
T. Stonestreet, late clerk as aforesaid, on their official
bonds given and approved at the time such fees are
placed in their hands, in the manner now provided by
the existing laws of this State; Provided, that nothing
in this act shall be so construed as to deprive the said
Samuel T. Stonestreet from collecting said fees by
warrant, suit or otherwise.
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Fees due may
be placed in
hands of
sheriffs.
Failure to
collect and
pay over.
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SEC. 2. And be it enacted,
That all fees due the
said Samuel T. Stonestreet, late clerk as aforesaid, may
be placed in the hands of the sheriffs of the several
counties of this State and of the city of Baltimore,
wherein the debtor or debtors reside at any time during
the year eighteen hundred and fifty-three, and that such
sheriffs shall account for and pay over the same within
nine months from the time such fees shall be placed in
their hands for collection as aforesaid; and on failure to
collect and pay over the same within the time required
by this act, to the said Samuel T. Stonestreet, the official
bonds given and approved, as aforesaid of such
sheriffs, shall be liable to be put in suit at the instance
and for the use of the said Samuel T. Stonestreet.
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Sheriff not
answerable
for failure to
collect.
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SEC. 3. And be it enacted,
That nothing in this act
contained shall be construed to make any sheriff answerable
for the failure to collect any fees, unless the
same by the use of due diligence could have been collected.
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