LAWS OF MARYLAND.— 1825.

667

SEC. 13. And be it enacted, That nothing in this act con-
tained, shall be construed to extend to the city of Baltimore, oi
to any private house-keeper, or individual or individuals in this
state, not in trade or pursuing some kind of merchandise as a

Baltimore
exempt.

business; Provided, that the mayor and city council shall pass
such ordinances as will make the standard of weights and mea-
sures, the same in the city of Baltimore, as in the rest of the
state.

CHAPTER 207.
AN ACT to pay the Civil List and other expenses of Civil Government.
Merged in 1828, ch. 197.

CHAPTER 208.
AH ACT to regulate the proceedings upon Suits now or hereafter to be
brought on the bonds of the Clerks of the several County Courts, Clerk
of the Court of Appeals, Register in Chancery, and Registers of Wills
in the several Counties in this State.

Proviso.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That from and after the passage of this act, it shall not be ne-
cessary for the state in any suit now or hereafter to be brought
upon any bond given by any of the clerks of the county courts
in this state, or by the clerk of the court of appeals, register in
chancery, or register of wills, in reply to the plea of perform-
ance, to set out at large in its replication the breaches for which
damages are claimed ; but may reply generally that the obligor
or obligors hath, or have not performed the conditions of his or
their bonds, and give the special matter in evidence, upon which
issue the jury shall assess such damages as the state, or any
person or persons for whose use the said suit may be brought,
may have sustained, and upon such verdict, if for the state,
judgment shall be entered for the penalty of the bond, to be
released on the payment of the damages assessed by the jury,
with interest thereon till paid, and costs.

Excused
from setting
out at large
the plea.

SEC. 2. And be it enacted, That at the trial of any suit now
or hereafter instituted upon the bond of any of the clerks of the
county courts, clerk of the court of appeals, register in chan-
cery, or register of wills, it shall be the duty of the said officers
respectively, when required, to exhibit to the court their dock-
ets, records and fee books, and the measure of damages shall
be the sum or sums they have charged for services they have
not performed.

Records to
be exhibit-
ed; damages
graduated.

SEC. 3. And be it enacted, That upon a verdict being found
against any of the officers aforesaid, for neglect of duty, it shall
be considered a misdemeanor in office ; and the court, executive
of the state, or legislature, (as the case may be,) shall imme-
diately proceed to appoint a fit and qualified person in his place.

Neglect of
duty made a
misdemean-
or in office.