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Session Laws, 1817
Volume 636, Page 130   View pdf image
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132

LAWS OF MARYLAND.

Dec. Ses. 1817

Judgments &c.
not relating to
real estates not
to be recorded
unless requir-
ed by party in-
vested.

Minutes of
court, &c to
be transcribed,

&c.

trespass, quare clausum fregit, dower, partition, replevin wherein
an avowry shall be pleaded or rent recovered, judgments in debt or
damages under which any lands or tenements shall be seized in ex-
ecution, and the several writs of execution by virtue of which the
same shall be sold, and the several returns to such executions, and
also all decrees, petitions, commissions, returns, deeds, papers and
proceedings, whatsoever, relating to lands, tenements, and other
real estate, which shall be had, rendered or made, in such court, or
filed or delivered to he recorded, and now required according to the
laws of the land to be recorded; and the records of ail such judg-
ments, decrees, papers and proceedings, shall be made up at full
length, and in the manner herein before required, within the term of
twelve months from and after the time when the said judgments,
decrees and proceedings, shall be finally rendered, made or had,
or when such deeds, papers and returns, shall be received or re-
quired to be recorded; and the chancellor and judges of the respec-
tive courts of justice, or any one or more of them, at every term,
shall inspect the records and papers of the offices attached to their
respective courts, and examine the condition thereof, and see
whether the duties required by this act be duly performed; and if
any clerk or register shall neglect or refuse to perform the duties
hereby directed and provided, he shall forfeit and pay a sum not
exceeding one hundred dollars for every offence, to be recovered
by indictment and conviction in a court of law; and such convic-
tion shall be deemed and taken as evidence of misbehaviour in of-
fice, for which he may be removed.
8. And be it enacted, That from and after the end of this sessi-
on of assembly it shall not be the duty of any clerk of any court of
law, or for the register of any court of chancery, within this state,
to make up the record of any judgment, decree, or judicial pro-
ceeding, which shall not relate to lands, tenements, or other real
estate, or affect or concern the title, right or interest therein, as
herein before particularly mentioned, unless required in writing
by some party or person interested in such proceeding; but never-
theless, if any person or persons shall require an exemplification or
official copy of a record of such judgment, decree or judicial pro-
ceeding, it shall be lawful for the clerk or register to grant and
certify the same, and the minutes of the court, the entries of the
dockets, and the original papers and documents filed in such cause,
shall be sufficient vouchers to the clerk or register for entering
the style of the court by which, and the term and year in which,
such judgment, decree, or final proceeding, was had, rendered or
made, and for making a due and proper record thereof.
9. And be it enacted, That instead of making up the records of the
judgments, decrees and judicial proceedings, herein before lastly
mentioned, it shall he the duty of the clerk or register of the re-
spective courts of justice aforesaid, and each and every of them is
hereby directed and required, forthwith to provide one or more
substantial and well bound book or books, and therein, immediately
after every term, to enter and transcribe, in a fair and correct
manner, and according to the true intent and meaning of each pro-
ceeding, the minutes of the court, and the docket entries of all
and every action, prosecution, suit and execution, civil, criminal
and equitable, which shall have ended during the said term by tri-



 
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Session Laws, 1817
Volume 636, Page 130   View pdf image
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