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Session Laws, 1823
Volume 628, Page 93   View pdf image
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LAWS OF MARYLAND.

93

of them, or by any other person by him, them or either of them au-
thorised, an account of official services within the period expressed, to
the best of their knowledge, which affidavit or affirmation shall be at-
tached to each of the said copies and signed by such clerk or register,
and each of the assistant clerks or register, and attested by such jus-
tice of the peace; and any clerk or register or other person knowingly
swearing or affirmingfalsely,and being thereof convicted indue course
of law, shall suffer as in the case of wilful and corrupt perjury.

. Dec. Ses. 1823

3. And be it enacted, That it shall be the duty of the Treasurers of
the Western and Eastern Shore, immediately upon the receipt of the
said accounts to examine the same, and whenever the amount of mo-
nies stated in them to have been received shall exceed the rate of fif-
teen hundred dollars per annum, to charge the said officers twenty-
five per cent on the amount of such access as had and received to and
for the use of the state of Maryland.

Twenty-five
per cent.

4. And be it enacted, That it shall be the duty of each of the clerks
and registers aforesaid, within sixty days after the expiration of each
half year, to pay to the Treasurer of the Shore on which they respec-
tively reside, the sums of money wherewith they are by this act res-
pectively chargeable.

Payment in
sixty days.

5. And be it enacted, That in case of the death, resignation or remo-
val from office of any clerk or register, who by virtue of this act shall or
m;iy be accountable to the state for the surplus fees of office, it shall be
the duty of his successor in office to receive all such fees as may be due
on account of services performed by his predecessor or his assistants,
and to keep, or cause to be kept, an accurate account of the same, ve-
rified and attested as herein before directed, and make semi-annual re-
turns of the same to the Treasurer of the Western or Eastern Shore
as the case may be, and to pay within sixty days thereafter the pro-
portion or per centage of the state to the Treasurer of the Shore on
which he may reside, and the residue to the predecessor or to his le-
gal representatives, attorney or assignees, as the case may be.

Case of va-
cancy, &c.

6. And be it enacted, That the person or persons respectively for
whom any clerk or register shall receive fees in virtue of this act, shall
have remedy against such clerk or register and his securities on the
office bond of such clerk or register, by action in the name of this state
for the use of such person or persons.

Remedy

7. And be it enacted, That any clerk or register wilfully refusing
or neglecting to obey and comply with any of the provisions of this
act, shall forfeit and pay the state of Maryland the sum of three thou-
sand dollars.

Penalty for

neglect.

8. And be it enacted, That it shall be the duty of the respective
County Courts of this state, upon motion of the Attorney General in
person or by deputy on behalf of the state of Maryland, to receive
proof of such neglect or disobedience of any clerk or register residing
within such county, and if the same be proven, thereupon immediate-
ly to cause judgement to be entered for the aforesaid forfeiture against

Summary

process.

such clerk or register: Provided, that ten days previous notice shall
have been Riven of such motion to such clerk or register, or left in
writing at his usual place of abode: And provided also, that if demanded
by such clerk or register, or his, or their council, the court shall forth-
with order a jury to be empannelled to ascertain the fact of such neg-
lect or disobedience.

Proviso's.

9. And be it enacted. That the summary process authorised and
the penalties imposed by this act, shall not be in any manner taken,

Liability.



 
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Session Laws, 1823
Volume 628, Page 93   View pdf image
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