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Session Laws, 1973
Volume 709, Page 1160   View pdf image
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1160                                       LAWS OF MARYLAND                               Ch. 532

State shall be codified under one Article and Section of the Annotated Code by
repealing certain sections and amending certain sections of various Articles of
the Code, to change and make uniform certain fees chargeable by the Clerks of
Court in this State, and generally relating to fees of Clerks of Court.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 10, 11, and 12 of Article 24 of the Annotated Code
of Maryland (1966 Replacement Volume [[and 1972 Supplement ]] 1971
Supplement and 1972 Interim Supplement), title "Costs," be and they are hereby
repealed:

[10.

(a) The clerks of the circuit courts of the counties and the clerks of the civil
common-law and equity courts of Baltimore City shall not docket any suit or issue
process in any original suit, matter, proceeding or action at law until the plaintiff,
or someone in his behalf, shall first deposit with the clerk of the court in which
such suit, matter or proceeding shall be brought, toward the payment of the costs
of the clerk and sheriff for which plaintiff is liable, the following sums, viz.:

For and on account of the clerk's costs for docketing such suit, matter or
proceeding, the sum of $10 for any law case and $15 for any equity case.

(b)  Such deposits need not be made by any person, who by petition under oath
filed in such suit, matter or proceeding or action at law, shall satisfy the judge
thereof that the petitioner is not able to make such deposit, and whose counsel
shall certify that the petitioner's said suit, matter, proceeding or action at law is
meritorious, in which event the court shall pass an order allowing process to be
issued and action taken without such deposit. Any wilful false swearing in any oath
or affidavit under the provisions of this subtitle shall be punishable as perjury
under the criminal laws of the State.

(c)  Such deposits shall not be required to be made in proceedings in the nature
of an appeal to the common-law courts of Baltimore City to have reviewed any
decision of the Workmen's Compensation Commission.

11.

(a)  No case at law or in equity may be docketed in the circuit court of Anne
Arundel, Harford, Montgomery, Charles, St. Mary's, Somerset, Worcester, or
Prince George's County until the costs have been paid to the clerk.

(b)  In the counties named in subsection (a) of this section, no attachment, writ
of fieri facias or execution on judgment may be issued out of the circuit court until
the costs have been paid to the clerk of the circuit court.

(c)  No civil appeal from the District Court may be docketed in any circuit court
or in the Baltimore City Court until the costs have been paid to the clerk of the
appellate court pursuant to the Maryland Rules.

(d)  This section does not apply to an indigent plaintiff, or to any person unable
to pay the costs of docketing a case or of issuing an attachment, writ of fieri
facias, or execution on judgment.

12.

The judges of the Circuit Court for Baltimore County are hereby authorized to
adopt and enforce rules of court requiring and regulating the prepayment of costs
of cases at law or in equity docketed in said court, and repayment of costs for the
issuance of attachments, writs of fieri facias or execution on judgment and said

 

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Session Laws, 1973
Volume 709, Page 1160   View pdf image
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