Fees. Art. 29, s. 9. 1785, c. 80, s. 12. accounts to be stated, audited, and settled, and taxed in the bill of costs of the party for whom the decree may pass in the cause. AUDITORS AT LAW. 19. In all actions brought in any court, founded on account, or in Appointment of which it may be necessary to examine and determine on accounts auditors. 4 H. & McH. 65. between the parties, the court may order the accounts and dealings between the parties to be audited and stated, by an auditor or auditors, to be appointed by such court, and there shall be the same proceedings thereon as in cases of actions of account. Art. 29, s. 10. 1827, c. 44, s. 1. surveyor. SPECIAL SURVEYORS. 20. In any case pending in any court where it is necessary to lay Appointment of out and locate any lands where, upon the application of either party to such suit, the court shall be of opinion that the county surveyor is in any manner interested or prejudiced against either of the parties, or if either of the parties shall make oath that he believes the county surveyor is interested or prejudiced, the court may appoint some competent person to lay out, locate, or survey said lands. Id. s. 11. 1827, c. 44, s. 2. Oath. Id. s. 12. Art. 16, s. 141. 1826, c. 222, s. 1. Art. 37, s. 16. 21. The person so appointed, before he proceeds to act, shall take an oath before some justice of the peace that he will, faithfully, without favor, affection, or prejudice, perform the service for which he was appointed by the court; which oath shall be certified by the justice and shall accompany such return as the surveyor shall make to the court in the case. 22. The person so appointed shall receive such fees as are allowed by law to the county surveyor for like services. COMMISSIONERS TO TAKE TESTIMONY IN EQUITY. 23. All commissions which shall be issued to take testimony in causes pending in any court of equity in this State shall be issued and directed to two persons to be named and appointed by the said court, or the judge thereof. COMMISSIONERS TO TAKE TESTIMONY AT LAW. 24. Each of the Circuit Courts, or the judges thereof, shall ap1828, c. 165, s. 1. point not more than three commissioners for the county in which Commissioners at law. 35 Md. 531. Id. s. 17. 1828, c. 165, s. 5. Oath of commissioner. such court is held, and each of the courts of civil jurisdiction in the city of Baltimore shall appoint two commissioners to take the deposition of witnesses, on such notice to the opposite party and in such manner as the court shall prescribe. 25. Every commissioner so appointed, before he proceeds to act as such, shall take an oath before some judge or justice that he will faithfully, and impartially, execute the duties of commissioner aforesaid, according to the best of his judgment, a certificate of which oath shall be recorded among the records of the court by which such commissioner is appointed. CRIER OF COURT OF APPEALS, ETC. Crier. sheriff. 26. The crier appointed by the Court of Appeals shall receive 1868, c. 30. five dollars a day for his attendance for every day, Sundays excepted, Attendance of a during the terms of session of said Court of Appeals, and whenever, in the judgment of said court, the attendance or services of a sheriff may be required in said court, the judges thereof may direct a sheriff to attend or perform such services, for which attendance and services the said sheriff shall be entitled to a per diem of three dollars and fifty cents, and the judges of said court shall, at the end of each session of the said court, give the said crier and sheriff a certificate of the number of days for which they are respectively entitled to said per diem. ARTICLE LX. REPORTER OF THE DECISIONS OF THE COURT OF APPEALS. 1. How appointed and term of office. 2. Salary. 3. His duties. 4. Printing and publishing the reports; price; 5. State subscription. and term of 1. The State reporter shall be appointed by the judges of the 1867, c. 410, s. 1. Court of Appeals, and shall hold his office for the term of four How appointed, years, unless sooner removed by said judges, and shall be styled the office. State reporter, and shall be re-eligible from time to time. Id. s. 2. His duties. 2. He shall receive an annual salary of one thousand dollars. 3. He shall report and publish all cases argued and determined Id. s. 3. in the Court of Appeals of this State, designated by said court to be reported, within six months from the time when the same shall have been determined; the reports in all cases shall be limited to a statement of the material facts, the principal points and authorities relied on by the respective counsel, the opinion of the court, and an abstract or head note of the points decided; and each volume of said reports shall also contain a list of the cases therein reported, a list of the cases decided during the period embraced in the volume designated by the court as not to be reported, and a copious index. Printing and 4. Each volume of the reports shall contain at least six hundred Id. s. 4. pages, and shall be printed on good paper, to be selected and pur- publishing the chased by the reporter, at the cost of the State, with clear type, and reports. in size, form, quality of materials, and quantity of matter per page, shall correspond as nearly as possible with the eighteenth volume of Maryland reports, and shall be sold at a price of five dollars a Price. volume in fine law binding, or four dollars and a half when not bound; and shall be printed, published and bound at the expense Copyright. Id. s. 5. State subscription. of the reporter, who shall be entitled to the copyright of the volumes. 5. The State shall take two hundred copies of each volume of said reports, at the price of six dollars per volume, delivered at the State library, being at the rate of two dollars per page, of a single volume of six hundred pages, and at the same rate when the volume may exceed six hundred pages. PROCEEDINGS ON DEATH, RESIGNATION, OR REMOVAL OF SHERIFF. 26. Dying with process unexecuted, executor 27. Clerk or register to issue process on such 28. Removal of sheriff without making return. DEED OF LAND SOLD BY SHERIFF UNDER JUSTICE'S EXECUTION. 33. May take bail-bond, when; penalty of 35. Amercement; judgment. make 1. Every sheriff elected shall, within thirty days after his commission has been received by the clerk of his county or city, the declaration of belief in the existence of God required by the Constitution, and also take the oaths therein prescribed before clerks. such State with 2. He shall also, before he acts as such, give bond to the of Maryland in the penalty of twenty-five thousand dollars, security to be approved by two judges of the Orphans' Court, or the judge of the Circuit Court for his county, if he be elected for a county, or any two judges of the Orphans' Court of Baltimore City, or the judge of the Superior Court of Baltimore City, if he be elected for said city, with condition that he shall well and faithfully execute the office of sheriff of county, or the city of Baltimore, in all things appertaining thereto, and shall well and truly perform all the duties required by law to be by him performed. 3. He shall give such bond in each year of his sheriffalty before the first day of January in each year; and the bond shall be recorded by the clerk administering the oath of office. Failure to give 4. If any sheriff in office, prior to the first day of any January 1867, c. 314. last past, shall have failed at any time heretofore to give and offer bond. for record the bond in the preceding section required, within ninety days after the said first day of January last past of his sheriffalty, it shall be the duty of the clerks of the Circuit Courts of the respective counties, or of the clerk of the Superior Court of Baltimore City, Notice to be as the case may be, to give notice forthwith of such failure to the His duty. given governor. Condition in bond filed after 1st January. Art. 88, s. 5. 1797, c. 87, s. 2; 1838, c. 275; 1852, c. 172. Oath to be taken before governor of the State, whose duty it shall be at once to require the attorney-general to institute the proper proceedings to vacate the office of said sheriff, and upon said vacation, to appoint a successor until the next general election. If the bond herein before required should be filed within the ninety days hereinbefore named, but subsequent to the first day of January in any year, it shall, in addition to the provisions hereinbefore required, be so conditioned as to make the obligors in such bond responsible also for all official acts of said sheriff, committed or done by him from the said first day of January up to the date of the filing of the said bond, as well as thereafter. 5. Before acting as sheriff, he shall also, under the penalty of fifty dollars, take the following oath: "I, A. B., do swear, that in the summoning of jurors for any purpose, I will use my utmost diliacting as sheriff. gence to summon and return as jurors, sober, intelligent, and judicious persons, of good reputation and character for honesty and impartiality, to serve as jurors; and that I will not summon (or permit any officer under me to summon), any juror, who in my judg ment will be influenced in determining any of the matters which shall come before him as a juror, by hatred, malice, or ill will, fear, favor, or affection, or by any partiality whatever, and that I will not summon or return as a juror any person who, in my opinion, or to my knowledge, may have solicited so to be returned on the panel of jurors, or may have been recommended or requested to be returned by another person." The above oath shall be taken before the clerk, and be by him recorded. Before whom taken. Id. s. 6. 1838, c. 275, s. 1; 6. On the return of jurors to each term of the court to which the same may be returned, the sheriff shall take in open court an oath, taken on return in the precise form of the oath prescribed in the preceding section, except substituting the words "I have not summoned" for "I will not." of jurors. 'Id. s. 7. oath may be Art. 88, s. 8. 1785, c. 72, s. 23; 1794, c. 54, s. 1; 1798, c. 101, 1817, c. 139, s. 6. Writs and pro 7. The oath mentioned in the last preceding section may be made by the sheriff before the clerk at the time he makes his return of jurors, instead of making it in open court, in cases where the sheriff cannot possibly attend the court by reason of sickness or other causes, and in no other cases. SERVING PROCESS. 8. All writs and process shall be directed to the sheriff, unless he is disqualified, or unless where by law the writ or process may be rected to sheriff. directed to another officer. cess to be di Id. s. 9. 1817, c. 139, s. 6. Service and return. 9. He shall serve and return all writs and processes directed to him, according to the command contained therein. 32 Md. 297; 33 Md. 171; 37 Md. 345; 39 Md. 299. Id. s. 10. 10. He may re-arrest any person that he has before arrested on a capias or attachment, and permitted to go at large; and such second arrest shall be as available as if the party had been detained under the first; provided, such second arrest be made before or during the session of the court to which the writ is returnable. |