Henry Billings Brown

“ When the practice of a particular state or district requires a judgment record to be made up in each case, of course the clerk is entitled to his fees for services actually and necessarily performed in that connection, (U.S. v. Van Duzee, 140 U.S. 169, 176, par. 9, 11 Sup. Ct. Rep. 759;) but as to what shall be incorporated in such record there is no settled practice and some diversity of opinion.
A record is substantially a written history of the proceedings from the beginning to the end of the case, but nothing which is not properly matter of record can be made such by inserting it therein. ”

“ It is a piece of information for the clerk upon which he acts in computing the amount due the witnesses for mileage and attendance, and when this is done the discharge is functus officio. It has accomplished all that it was ever required to do, is not needed as a voucher, and no advantage is gained by cumbering the files of the court with it. ”

“ But if, upon the other hand, it be designed only for the purpose of preserving a record of the conviction in perpetuam rei memoriam, little more is necessary than to set forth the process and return thereto, the pleadings, journal entries, verdict, and judgment. All the authorities agree that, in a criminal case, it should show what the prisoner is charged with ”