MARVIN MANDEL, Governor                                 45

UNLESS OTHERWISE PROVIDED BY LAW, A CLERK IS NOT
REQUIRED TO RECORD ANY PAPER FILED WITH HIM OR TO
PROVIDE ANY PERSON WITH A COPY OF A PAPER UNTIL THE
APPLICABLE CHARGE HAS BEEN PAID.

REVISOR'S NOTE: This section is new language and
spells out the general court—related duties
of all clerks as set forth in Art. 17, §§
1, 10, 31, 35, 40, and 42, which are
proposed for repeal; and the fifth sentence
of Art. 26, §149(d).

No attempt is made to include a
comprehensive statement of all court
related functions of clerks since many of
these are non-statutory, imposed only by
tradition and common law. Among these
duties are attendance in court and swearing
witnesses. Still other duties are imposed
by rule. Paragraph (a) (10) requires a
clerk to perform such duties. See §2—502
for a partial list of dockets to be kept by
the clerk of a circuit court. Other
docket-keeping provisions appear with the
substantive law to which they pertain.

The provision authorizing the clerks of the
circuit courts to administer oaths of
office to court officers appears in
subtitle 1 of this title and the provisions
relating to other officers will appear in
the State and Local Government Article.

The non—court related functions of clerks,
such as issuing licenses and recording
instruments, will appear with the
substantive law to which they pertain.

Portions of Art. 17, §1 appear elsewhere in
this subtitle.

Subsection (b) provides that, the duty of a
clerk to act does not arise until his fee
has been paid. There are certain
exceptions to this rule. See §§ 7-102 -
indigency, and 7—203 — removed cases of
this article; Art. 17, §3 — copies of
discharge records for veterans, and other
sections of the Code.

SEC. 2-202, EXPENSES OF OFFICE.