P. G. L., (1860,) art. 16, sec. 141. 1826, ch. 222, sec. 1. 227. All commissions which shall be issued to take testimony in causes pending in any court of equity of this State, shall be issued and directed to two persons to be named and appointed by the said court, or the judge thereof. Sewell v. Gardner, 48 Md. 178. Ibid. sec 142. 1795, ch. 88, sec. 4. ch. 109, sec. 5. 228. A commission to take with consent of the parties. Sewell v. Gardner, 48 Md. 178. 1799, ch. 79. sec. 6. 1829, ch. 159. 1840, 1852, ch. 173, sec. 2. testimony may issue to one person Ibid. sec. 143. 1841, ch. 22, sec. 6. 1842, ch. 229, sec. 6. 1878, ch. 202. 229. Where a commission to take testimony in chancery shall issue to two commissioners, only one shall act on the same day, unless both are called upon under a requisition of the parties; and the commissioner shall also be required to act as clerk, without extra compensation, unless a clerk is asked for by one of the parties contestant. Purner v. Piercy, 40 Md. 212. Sewell v. Gardner, 48 Md. 178. Ibid. sec. 144. 1785, ch. 72, sec. 15. 1795, ch. 88, sec. 4. 1818, ch. 193, sec. 3. 230. With a view to the speedy execution and return of commissions to take testimony, the court, or any judge thereof, shall prescribe such rules as the nature of the case may require; each commissioner to take testimony shall be allowed four dollars per diem for every day he shall actually serve in the execution of such commission, to be paid by the parties, according to the time that such commissioner serves in taking the testimony of such parties respectively, and to be taxed as part of the costs of the suit; and the clerk to any commissioner to take testimony shall be allowed two dollars and fifty cents per diem, to be paid as the per diem to the commissioner is directed to be paid, and to be taxed as aforesaid. Purner v. Piercy, 40 Md. 212. Canton v. McGraw, 67 Md. 589. Ibid. sec. 145. 1785, ch. 72, sec. 16. 231. A witness attending an examiner or commissioner, under a summons by him issued, or at the request of either of the parties, shall be allowed seventy-five cents per day for every day's attendance, and itinerant charges, to be ascertained by the examiner or commissioner, which allowance shall be paid by the party summoning or requesting such witnesses to attend, and shall be taxed as part of the costs of suit. P. G. L., (1860,) art. 16, sec. 146. 1824, ch. 133. 232. When any witness is summoned by an examiner or commissioner to take testimony in a chancery suit or proceeding, to appear before such examiner or commissioner to give testimony in such suit or proceeding, and such witness shall refuse or neglect to attend, or attending, shall refuse to answer such interrogatories as are propounded to him, in all such cases the examiner or commissioner, at the request of either party to such suit or proceeding, shall immediately certify such default or neglect, under his hand as such examiner or commissioner, to the clerk of the court where such suit or proceeding is pending, who, upon the receipt thereof, shall forthwith issue an attachment against the person named in such certificate, and the court may allow such process to compel such witness to attend and give evidence in open court in such suit or proceeding, at such term of the court thereafter as the party applying for such attachment shall request, and such process shall be directed to the sheriff or coroner of the county wherein the person to be attached resides; and after return is made, such process may be renewed from term to term, as the case may require; provided, that the party obtaining such process shall give written notice to the opposite party, or his counsel, of the time of the return thereof. Bryson v. Petty, 1 Bl. 182. Gibson v. Tilton, 1 Bl. 352. Mackubin v. Matthews, 2 Bl. 250. Deale v. Estep, 3 Bl. 433. Hall v. McPherson, 3 Bl. 529, Ibid. sec. 149. 1836, ch. 128, sec. 2. 233. In all cases where any of the defendants have appeared and an order to take testimony before an examiner has issued, and there are other defendants who are in default for not appearing or answering, and against whom an order to take testimony ex parte might issue, it shall not be necessary to pass such order, but the plaintiff may take all his testimony before the examiner, and such testimony shall be as available against the defendants who are in default, as if the same was taken under an ex parte order. Smith. Baldwin, 4 H. & J. 331. Stewart v. Duvall, 7 G. & J. 180. Somerville. Marbury, 7 G. & J. 275. Clary v. Grimes, 12 G. & J. 31. Kipp . Hanna, 2 Bl. 26. Kerr v. Martin, 4 Md. Ch. 342. Higgins v. Horwitz, 9 Gill, 341. 1888, ch. 486. 234. The incorporation in this article of the rules prescribed by the court of appeals shall not deprive the said court of the power to rescind or modify any of said rules, or to pass additional rules, in their discretion. ARTICLE XVII. 1. General duties of. 2. Claims docket. 3. Attendance at office. CLERKS OF COURTS. 4. No blank writs to be delivered. 5. Disposition of books and docu ments sent. 6. To issue execution. 7. Statement to comptroller of execu tions for penalties. 20. Record of cases affecting real estate. 21. Penalty for neglect to keep such 22. Copy of record; how made. 24. Approval of bonds. 25. Supersedeas of judgments; power to take. 8. Payment of public money to treas- 26. Sureties upon supersedeas. urer. 9. Commissions on collections. 10. Emoluments. 27. Justices in Baltimore city not to take supersedeas. 28. Orders nisi on auditors' accounts. 11. Fees and compensation in Balti- 29. Orders nisi on sales. more city. 12. Annual statement to comptroller of receipts and expenses. 13. Penalty for false swearing to same. 14. Liability of bond. 15. Compensation of assistant clerks. 17. On dockets of justices of the peace. 30. Commissions to take testimony. 31. Orders of publication. 32. Official bond. 33. Accounts of fees. 35. Endorsement on writ of name of 36. May administer oaths. 38. Shall receive dockets and papers | 52. Index of conveyances. of justices of the peace. 53. Index to be regularly kept up. 39. Register and papers of notary 54. Abstract to be made of all decds public. Clerk of the Court of Appeals. of land. 55. Abstract to be sent to commissioner of land office. 40. Custodian of records of former 56. Time of receipt of conveyance to court of appeals. 41. Renewal of official bond. 42. Residence at Annapolis, legal effect of. be endorsed thereon. 57. Shall apply to comptroller for blank licenses. 58. Shall issue licenses. 43. Payment to treasurer upon quali- 59. Semi-annual returr to comptroller fying. Clerks of the Circuit Courts. of licenses issued. 60. Penalty for failure to apply for blank licenses. 44. Official bond; penalty and condi- 61. Penalty for failure to make returns P. G. L., (1860,) art. 18, sec. 1. Clerks of Circuit Courts and 64. 65. Delivery of official commissions. Report to Secretary of State, of commissions delivered. Certificate of qualification to be given. 66. Taxes on officers' commissions to be paid to treasurer, when. 1766, ch. 14, sec. 2. 1817, ch. 119, secs. 1, 2, 8 and 9. 1833, ch. 88. 1845, ch. 254. 1. Every clerk shall have the custody of the books and paperspertaining to his office, and shall carefully keep and preserve the same; he shall file all papers delivered to him to be filed, and shall record all judgments, decrees, deeds and writings which by law are required to be recorded in the office of which he is clerk; he shall issue all writs and process which by law may be issued from the court of which he is clerk; he shall give a copy of any paper or record in his office to any person applying for the same, upon being paid the usual fees for transcribing such paper or record, and shall annex thereto his certificate, under the seal of his court, if required; he shall make proper entries of all the proceedings in the court of which he is clerk; and all entries and records shall be made in a fair, legible hand, in well-bound books procured by him for that purpose; and he shall perform all the duties required of him, or which may hereafter be required of him, by law. Hammond's Lessee v. Norris, 2 H. & J. 130. State v. Wayman, 2 G. & J. -255. 1886, ch. 322. 2. It shall be the duty of the clerks of the several courts of equity of this State to provide a well-bound and suitable book, to be styled "The Claims Docket," in which, in all cases of voluntary trusts, or under decrees for payment of debts, or in other cases in which creditors may prove their claims in said court, shall be entered in alphabetical order, the names of the creditors, the character and amount of their claims, and the date when proven. P. G. L., (1860,) art. 18, sec. 2. 1748, ch. 7, sec. 3. 3. Every clerk shall attend at his office for the transaction of the business thereof, every day, except Sundays, either in person or by deputy, unless prevented by sickness, accident or necessity. Ibid. sec. 3. 1715, ch. 48, sec. 11. 4. No clerk of any court of this State shall deliver to any attorney, sheriff or other person, any blank writ whatsoever; and any clerk so offending shall be subject to a penalty of one hundred dollars. Ibid sec. 4. 1790, ch. 51. 1816, ch. 241. 5. Every clerk shall receive all books, documents, public letters and packages sent to him pursuant to law, and shall carefully dispose of them as the law requires. Ibid. sec. 5. 1777, ch. 12, sec. 3. 1794, ch. 54, sec. 9. 1865, ch. 5. 1878, ch. 475. 1888, ch. 475. 6. The clerks of the courts of this State may issue an execution on judgment or decree at any time after the rendition thereof, directed to the sheriff of another county, whether the return of nulla bona to a writ of execution issued to the sheriff of the county or city wherein the said judgment or decree was rendered has been made or not, which writ of execution, issued and directed to the sheriff of another county, shall be made returnable to the circuit |