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Session Laws, 1973, Special Session
Volume 710, Page 39   View pdf image
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MARVIN MANDEL, Governor                                      39

reason to involve a personal representative
in what are, in reality, public duties.

An officer, while he is in office, is
personally responsible for carrying out the
duties of his office, whether or not the
duties accrued during his term or the term
of his predecessor. An officer who fails
to carry out his duties may be proceeded
against on his bond.

Although the provisions on which this
section is based originally applied only in
the case of sheriffs, the section is
expanded to negate any implication that the
personal representative of any other
officer may be responsible for completing
unperformed duties.

SEC. 2-104. OATHS.

(A)   IN GENERAL.

EVERY AUDITOR, CLERK, SHERIFF, CONSTABLE,
COMMISSIONER, SURVEYOR, OR OTHER OFFICER BEFORE HE
ASSUMES THE DUTIES OF HIS OFFICE, SHALL TAKE AND SIGN
THE OATH OR AFFIRMATION PRESCRIBED BY THE
CONSTITUTION.

(B)   DEPUTIES.

EVERY DEPUTY CLERK OR SHERIFF SHALL TAKE AND
SUBSCRIBE THE FOLLOWING OATH OR AFFIRMATION: "I, A.B.,
DO SWEAR (OR AFFIRM) THAT I WILL NOT FOR LUCRE OR
MALICE DELAY ANY PERSON APPLYING TO ME FOR ANY
BUSINESS BELONGING TO THE OFFICE I OFFICIATE IN, AND
THAT I WILL NOT DIRECTLY OR INDIRECTLY ASK, TAKE,
EXACT, DEMAND, OR RECEIVE FROM OR CHARGE TO ANY SUCH
PERSON TO MY OWN USE ANY FEE OR REWARD WHATSOEVER FOR
ANY SERVICES I MAY DO AS DEPUTY OF THE SAID OFFICE,
AND THAT IN MAKING OUT THE OFFICE FEES I WILL NOT
WITTINGLY OR WILLINGLY CHARGE OTHER OR HIGHER FEES
THAN ARE ALLOWED BY LAW".

(C)   BEFORE WHOM TAKEN.

(1) EXCEPT AS AUTHORIZED BY ARTICLE XV, §
10 OF THE CONSTITUTION, EVERY OFFICER, EXCEPT THE
CLERK OF THE CIRCUIT COURT OF A COUNTY, THE SUPREME
BENCH OF BALTIMORE CITY, A COURT OF THE SUPREME BENCH
OF BALTIMORE CITY, OR AN APPELLATE COURT SHALL TAKE

 

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Session Laws, 1973, Special Session
Volume 710, Page 39   View pdf image
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