Maryland § 2-104

Full text of Maryland Maryland Code § 2-104, with citation guidance and answers to common questions.

§ 2-104.

    (a)    Every auditor, clerk, sheriff, constable, commissioner, surveyor, or other officer before he assumes the duties of his office, shall take and sign the oath or affirmation prescribed by the Constitution.

    (b)    Except as provided in subsection (d) of this section, every deputy clerk or sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do swear (or affirm) that I will not for lucre or malice delay any person applying to me for any business belonging to the office I officiate in, and that I will not directly or indirectly ask, take, exact, demand, or receive from or charge to any such person to my own use any fee or reward whatsoever for any services I may do as deputy of the said office, and that in making out the office fees I will not wittingly or willingly charge other or higher fees than are allowed by law.”

    (c)    (1)    In addition to the oath or affirmation required under subsection (b) of this section, in St. Mary’s County, every deputy sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve honestly and faithfully to uphold and defend the Constitution of the United States and the Constitution of Maryland; that I will enforce the laws of St. Mary’s County, and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior officers according to the rules and regulations of the Sheriff’s Office, St. Mary’s County and the State of Maryland.”

        (2)    In addition to the oath or affirmation required under subsection (b) of this section, in Charles County, every deputy sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve honestly and faithfully to uphold and defend the Constitution of the United States and the Constitution of Maryland; that I will enforce the laws of Charles County, and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior officers according to the rules and regulations of the Sheriff’s Office, Charles County and the State of Maryland.”

    (d)    In Carroll County, Montgomery County, and Washington County, every deputy clerk or deputy sheriff shall take and sign the oath or affirmation prescribed by Article I, § 9 of the Maryland Constitution.

    (e)    (1)    Except as authorized by Article I, § 10 of the Maryland Constitution, every officer, except the clerk of the circuit court of a county or an appellate court, shall take the oath before the clerk of the circuit court.

        (2)    Except as provided in Article I, § 10 of the Maryland Constitution, the clerk of a circuit court shall take the oath before a judge of the court.

        (3)    The clerk of an appellate court shall take the oath before the Governor.

Frequently Asked Questions About Maryland § 2-104

What does Maryland Code § 2-104 cover?

Section 2-104 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 2-104?

A common citation format is "Maryland Code § 2-104" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 2-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.