MARVIN MANDEL, Governor 49
restating Art. 17, §§ 22 and 25. The list
of specific expenses (i.e., fuel,
stationery, official and contingent
expenses and other items) is proposed for
deletion. The term "all expenses" makes
this listing unnecessary.
Special reference to the clerks of the
Court of Appeals and Court of Special
Appeals is not necessary. "Any Court"
includes all courts of this State.
Art. 17, §22 is derived from Ch. 71 of the
Acts of 1845, which required the clerks to
account semi—annually for all money
received under the provisions of several
acts of 1844.
Sec. 22 requiring semi—annual reports from
the clerks is obsolete and may have been
impliedly repealed by Ch. 444, Acts of
1853.
The District Court is excepted from the
operation of this section as it is not
funded through the Comptroller's office.
However, this exception does not affect any
power the Comptroller otherwise may have to
audit the District Court.
Sec. 25, which requires annual accounts is
based on Ch. 444 of the Acts of 1853, which
specifically repealed several of the Acts
of 1844 upon which §22 is based. It is
believed that the basis for §22 was
intended to be repealed at that time, and
may actually have been repealed. In any
case, §22 is not presently followed by
either the clerks or the Comptroller.
The requirement that accrued but
uncollected fees be included in the annual
report is proposed for deletion on the
recommendation of the Maryland Clerks
Association as obsolete.
See Art. XV, §1 of the Constitution
relating to the disposition of excess fees
and the penalty for failure to file the
report required by this section.
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