Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1893-02-24

only to such papers as are kept in the
archives Of the court
A deed is returned TO the owner OF il.
anu the clerk dies nothing with it except
to record il. makes extracts from it to
send ia the Lanl.Officc at Annapolis. and
index it, excerpt that he puts on the back
of it the dite be received it. and the fee
bill allows him nothing for that, whil' it
allows him fees for doing the recording,
the extracting and the indexing.
The next item in this bill is for tax
ing costs on same" l5cts.
The bill allows Is follows: For tax
ing costs in any suit or proceeding, l5cts'
This is all an illegal charge Fifteen
cents is allowed for taxing costs in any
suit or proceeding. Recording deed is
surely not a suit, aud neither is it pro-
ceeding in legal sense. The word pro-
ceeding in Webster's Dictionary is de.
fined thus: "In law the course Of steps or
measures in the prosecution of an action
is dominated proceedings" Anderson's
Law Dictionary gives its legal meaning
thus: Proceeding ia its, more general
sense in law means all the steps or meas
ure adopted in the prosecution or defense
of an action" Bouvier's Law Dictionary
says: I'm its general acceptation, the
word means the form in which actions are
to be brought AMI defended. the manner
Of interviewing in suits. Of conducting
them. of opposing judgments and Of ex-
ecuting."
A petition to the court to grant an in
QUESTION of lunacy is proceeding, it is
not suit A petition for mandamus is
a proceeding A petition to be allowed to
take testimony in an equity case is pro-
ceeding, it is not suit. A petition to be
made party in suit is a proceeding. but
recording deed is not IN a legal sense a
proceeding, and as ii is not proceeding
in legal sense the charge of l5cts for
taxing costs of recording deed IS an il
legal charge.
1t is proper that the clerk be allowed
fee for taxing the costs in "any pro-
ceeding or suit" because it takes some
time and trouble to do it; but stronger
reason for paying him is because the
costs in suits and proceedings do not all
belong to him. The sheriff has costs
md the attorneys have costs, and the ex-
amincrs often haze costs, and sometimes
others have costs in suits and proceedings,
and il would be hard on the clerk if lie
had to mike out bills of costs for all these
people for nothing But, in recording
a deed, the costs are all his own, and il
gives only the work of less than FIVE min
utes to make it ont, only the one paper
requiring examination.
he last ite. is for transcript Of
same" That is. for transcript of the
bill of costs, 10 cents. Webster gives the
meaning of the word transcript asa soPy
If this bill is copy" where is the orig
inal? Anderson's Law Dictionary rays
trasscri: Il means "a copy Of an original
record" Bouvier's Law Dictionary gives
the meaning of TRANSCRIPT as "a copy Of
an original wiring or deed There.
fore claim ghat all the bills are illeoa
except s.-sE <......,..
( For recording. ...........-,.... ......; 81
For extracting ..-............... ....@ 81
For indexing 81 words and figures. .O1
S1cts
And We claim Judgment for the differ.
euce between 81 cents and the sun
: charged and paid, wbi;h is $40 cents