[HISTORY: Adopted and amended as indicated in text.]
[1969, ch. 522, sec. 324A; 1974, ch. 65, sec. 324A]
Before any person or persons shall be accepted by any court of Dorchester
County as a surety or sureties on any bond or bonds in any criminal case before
them or any of them, the person or persons so offering themselves as surety
or sureties shall make oath as follows:
A.
That the surety or sureties own real estate located in
the State of Maryland and what the true assessment of the same is, as evidenced
by the assessment books showing the last assessment of the real estate in
the jurisdiction where the property is located, and the last assessment, as
aforesaid, for the purpose of the suretyship shall be taken and considered
by the court as the true value of the property.
B.
The amount of encumbrances, if any, on the property,
that is to say, the total amount of mortgages, if any; the total amount of
judgment, if any; the total amount of mechanics liens, if any; and the total
amount of recognizances forfeited absolute, if any. The aggregate of any lien
shall be added together, and the total shall be deducted from the assessed
value as aforesaid, and the remainder shall be considered the true equity
value of the property for the purpose of suretyship, and the same may be pledged
for suretyship to the extent and only to the extent of four (4) times the
equity value, inclusive of the amount for which the surety or sureties then
offer themselves and their property. Should the real estate of the surety
or sureties be unencumbered, the property may be pledged to the extent of
four (4) times the assessed value obtained as aforesaid, inclusive of the
amount for which the surety or sureties then offer their property for pledge.
The word "pledge," for the purpose herein intended, means that the surety
or sureties, as the case may be, if accepted as such, obligate and bind their
real estate in case of forfeiture absolute to pay the penalty of the bond
according to law.
[1969, ch. 522, sec. 324B; 1974, ch. 65, sec. 324B]
A.
Report required; information. Any person or persons writing
more than one (1) surety bond per year shall file with the State's Attorney
for Dorchester County semiannually on June 30 and December 30 of each year
a written report, under oath, setting forth the following information:
(1)
The legal description of property owned, assessed valuation
and street location.
(2)
The amount of encumbrances on the property, including
mortgages, mechanics liens, judgments and tax liens.
(3)
The liber and folio numbers of all deeds conveying the
property to the surety and liber and folio numbers of all encumbrances.
(4)
A complete list of all bonds written, the person for
whom written, the date and amount of bond and whether the bond is still in
effect, discharged or forfeited.
(5)
A complete list of all bonds forfeited absolute, with
the date of forfeiture and whether the forfeiture has been paid or stricken
by the court.
B.
Disqualification. If the written reports are not submitted
to the State's Attorney on the dates hereinabove set forth, the surety
shall be disqualified from further suretyship on any bond or bonds in criminal
cases in any court of Dorchester County until the reports are submitted, provided
that notice of disqualification is sent by the State's Attorney to the
Clerk of the Circuit Court and the Clerk of the District Court.
[1969, ch. 522, sec. 324C; 1974, ch. 65, sec. 324C]
When any bond is forfeited absolute in any court and the forfeiture
is not paid or stricken by the court within thirty (30) days from the date
of the forfeiture, the surety shall be disqualified from further suretyship
on any bond or bonds in criminal cases in any court of Dorchester County until
the forfeiture is paid or stricken by the court. The State's Attorney
shall notify all courts of the disqualification.
[1969, ch. 522, sec. 324D; 1974, ch. 65, sec. 324D]
In all criminal cases, the surety bond shall be written so as to guarantee
the appearance of the defendant at all stages of the proceeding before any
court and shall not be accepted by any court of Dorchester County unless it
is written in that form.
[1969, ch. 522, sec. 324E; 1974, ch. 65, sec. 324E]
[1969, ch. 522, sec. 324F; 1974, ch. 65, sec. 324F]
The oath aforesaid required to be taken by any surety or sureties before
any court shall be reduced to writing by the Clerk of the court and the same
attached to the bond or bonds so executed, and no court of the county shall
accept any person or persons as surety or sureties as aforesaid until and
unless the person or persons offering themselves as surety or sureties shall
clearly qualify under the conditions hereinbefore required in this chapter.
Any willfully false oath by the surety or sureties as to any of the aforegoing
facts or as to any of the information submitted under oath to the State's
Attorney of Dorchester County shall be deemed perjury and, upon conviction,
shall subject the person or persons to the penalty prescribed by Article 27,
§ 439, of the Annotated Code of Maryland, and any conviction as
aforesaid shall disqualify the person or persons from further suretyship on
any bond or bonds in criminal cases before any court of Dorchester County.
[1969, ch. 522, sec. 324H; 1974, ch. 65, sec. 324H]
Any division of any premium charge on any bond accepted under the provisions
of this chapter among the surety or sureties on the bond and any official
or any constable or any police officer in Dorchester County accepting the
bond, directly or indirectly, shall constitute a misdemeanor in office on
the part of the constable or police officer so receiving the same or any part
thereof and shall subject the constable or police officer to removal by the
Judge or Judges of the Circuit Court for Dorchester County on conviction in
a court of law. So far as the surety or sureties are concerned, conviction
of the police officer or constable, as the case may be, shall constitute disqualification
of the surety or sureties for any future bond in any criminal case before
any court in Dorchester County.
