Clerk of courts

“ A clerk shall be appointed by the district judges of said district, who shall reside at Utica, and attend said court at the places aforesaid, and do all the duties of said office of clerk, which may accrue at or from the sessions of the court at said places, both in and out of court, and be allowed the same fees and compensation as by law is allowed to clerks of the district courts. ”

“ There shall be elected in like manner and for a like term all such additional clerks of courts for cities as the General Assembly may prescribe, or as are now authorized by law, so long as such courts shall continue in existence. But in no city of less than thirty thousand inhabitants shall there be more than one clerk of the court, who shall be clerk of all the courts of record in such city. ”

“ CHAPTER XXIII THE CHARACTER OF THE BAR AND ITS RELATIONS TO THE BENCH Every lawyer is an officer of the court as fully as is the judge or the clerk. He has, indeed, a longer term of office than is generally accorded to them, for he holds his position for life, or during good behavior.
Courts could not exist under the American system without lawyers to stand between litigants and the judge or jury. It is a system that requires written pleadings, originally very artificial in form and still somewhat so. ”

“ THE CLERKS OF THE COURTS The clerks of the courts in many ways are not less important in the experience of the petitioning alien than either the judges or the naturalization examiner. Upon the clerk, more than upon anyone else, in the vast majority of cases, depends scrutiny of the declaration of intention ”

“ And the fourth is the poller and exacter of fees; which justifies the common resemblance of the courts of justice to the bush whereunto while the sheep flies for defence in weather, he is sure to lose part of his fleece. On the other side, an ancient clerk, skilful in precedents, wary in proceedings, and understanding in the business of the court, is an excellent finger of a court; and doth many times point the way to the judge himself. ”

“ The above rule was adopted to prevent unnecessary and improper delays, in prosecuting writs of error or appeals in this court from the inferior courts. Thirty days from the commencement of this term affords ample time to the clerk, to make out and forward the records in the above cases. The rules of this court can, in no respect, depend upon the convenience of the clerks of the inferior courts. ”

“ A distinction, however, is claimed between the case of a clerk, who is strictly a subordinate officer of the court, and a commissioner, who, it is said, is a separate judicial officer over whom the court has no control. ”

“ If, therefore, the requirement that the grand jurors should be selected by the commissioner and the clerk was a fundamental requisite, that is, if the deputy clerk, in the absence of the clerk, had no authority, under any circumstances, to act, then the motion in arrest of judgment did not come too late. ”

“ II. The Clerk of the Papers: whose office is to impannel juries, for the Sheriffs court; and who enters upon judgment, and makes out all processes for the Sheriffs court.
179III. Four Clerks Sitters, who enter actions, take bail, receive verdicts after trial, &c.
IV. Sixteen Serjeants at mace, each of whom has his yeoman, or follower. Their office is to arrest persons for debt, to execute all processes, to serve writs, executions upon actions, and summonses from above, as well as from the courts below. Each of these serjeants give 400l. ”

“ A judge may sit for one term in the equity court, then in the criminal branch, and next in a court en banc. All the time there is only one office of record, one clerk of the court, with as many deputies as may be found necessary. ”

“ It is no part of the duty of the clerk to note in his entries the exceptions taken, or to note any other proceedings of counsel, except as they are preliminary to, or the basis of, the orders of judgment of the court. To be of any avail, exceptions must not only be drawn up so as to present distinctly the ruling of the court upon the points raised, but they must be signed and sealed by the presiding judge. ”

“ It was addressed, not to an officer of the court or a counsel in the case, but to a stranger. The clerk, by merely filing such a document, does not adjudicate that it is in fact that which on its face it purports to be. ”

“ By the 8th section of the statute, the legislature declared, that in case the clerk of probate 'shall be at any time unable, from sickness or other unavoidable causes, to attend said court, it shall be lawful for the judge of probate to appoint a person to act as clerk pro tempore, who shall take an oath faithfully to discharge all the duties of his office,' &c. ”

“ And the district court refusing to command the clerk to comply with the request, mandamus proceedings were commenced in the circuit court of appeals for the first circuit to compel the clerk to comply. ”

“ A second son, who was not a deputy, was temporarily in charge of the clerk's office, with instructions, given by the deputy, to receive and file papers, and, if it became necessary, to sign and issue process. Acting upon these instructions, the brother signed and issued the writ in question, doing so in such manner that it purported to have been signed and issued by the deputy on behalf of the clerk. ”

“ The offices of clerk and sheriff were never designed to be mere names, nor to be engines and pretexts, to be used at the will of any one. By what authority, then, could the appellant assume the functions of both clerk and sheriff ”

“ To ascribe to them an intention to restrict the duties of a clerk pro tempore to the session of the court, would be imputing to them an act of utterly useless legislation; since none can fail to perceive, on looking into the law, that the duties of the clerk of probate are as extensive and as important, during vacation, as they are during term-time ”

“ In many country districts, where the justices are old and incompetent, they are absolutely in the hands of their clerk, who for all practical purposes becomes not only a magistrate, but the sole magistrate present. ”

“ Looking, however, through form to the essence of things, as no mere independent action of the clerk as clerk is involved, but the authority exe ted by the court in directing the action of the clerk complained of is the subject-matter at issue and is the only justification relied upon by the clerk in the answer to the rule, we are of the opinion that in the exercise of a sound discretion we may treat the case from that point of view, that is to say, under the circumstances consider the authority to have made the order with the clerk alone as a technical party to the proceeding. ”

“ The controlling genius of the court, except when the stipendiary magistrate presides, is the clerk, who is a man learned in the law. Nominally the cases are decided by the aldermen, who sit in rotation, but at every important point there comes a nod or a whisper from the clerk ”

“ It is elementary that, where the ground of attachment may be alleged in the language of the statute, the authority to allow the writ need not be exercised by the judge of the court, but may be delegated by the legislature to an official, such as the clerk of the court. ”

“ Writs of error to the Circuit Court, under the 22d section of the Judiciary Act, issue as a matter of course, and can be obtained from the clerk of the Circuit Court, and, when filed in his office by the party, are duly served. ”

“ Every district attorney, clerk of a district court, clerk of circuit court, and marshal, shall, on the first days of January and July, in each year, or within thirty days thereafter, make to the attorney general, in such form as he may prescribe, a written return for the half year ending on said days, respectively, of all the fees and emoluments of his office, of every name and character, and of all the necessary expenses of his office, including necessary clerk hire, together with the vouchers for the payment of the same for such last half year. ”

“ An item for attendance on the circuit court at Macon by deputy for several days was disallowed by the comptroller, upon the ground that the clerk had been allowed a per diem for his personal attendance upon the court at Savannah upon the same day, the comptroller holding that the clerk was entitled to but one per diem for any one day, although the court might be in session at two or more places, and the clerk be represented at one of those places by a deputy. ”

“ It would be sufficient, for instance, if the attorney left it on the marshal's desk or other place in the marshal's office, so that the marshal would understand that it was left with him for service. It would be equally sufficient if the attorney, or the clerk acting by his direction, placed the summons in a box in the clerk's office, designated by the marshal, with the clerk's assent, as a place where processes to be served by him should be deposited, and from which he usually took them daily. ”

“ The deputy clerk of this court, for example, is very efficient and faithful, and, if there should be a vacancy in the office of clerk of the court, it is not only possible, but very probable, that he would be appointed to fill the vacancy, thereby obtaining a much larger salary then he now receives ”

“ As many other people are coming in, and the room threatens soon to be crowded, a considerate attendant, knowing that we are in favour with the grave and reverend seigniors who preside over the Court, shows us into another and smaller room, where one of the deputy Clerks (Greffier) is seated working at his books. One by one other persons come in, pay small sums of money, of which the deputy Clerk evidently keeps an exact account, together with the names and addresses of the payers, the amounts yet remaining due--everything, in fact, relating to each person's case. ”

“ A. A Barrister is forced to do his best for his client, but a Solicitor is not. As a rule the Solicitor deputes to his Chief Clerk if he has one, or somebody in the office if he has not, the duties of conducting a suit through Chambers. ”

“ Said the court: 'There is ample power in a court which has been regularly convened to adjourn to a futurn time, provided it be not beyond the term; but in the absence of a statute authorizing it, the clerk or other ministerial officer cannot act for the judge in either opening or adjourning court. The clerk is a ministerial officer, and, without statutory authority, can exercise no judicial function. The opening, holding, and adjournment of court are the exercise of judicial power to be performed by the court. ”

“ In front of the platform is a huge table, at which all the whites and yellow-whites of the district are foregathered{102} to witness the administration of justice. At the head of the table, and at the feet of the magistrate, is the clerk; an ancient man with the remains of a weak voice, and a habit of looking over his steel eye-glasses in the approved scholastic style. He is an important, if not a picturesque personage. The decorative touch is afforded to the court by the appearance of the inspector of police. ”

“ Under such circumstances, when the law provides expressly for the appointment of a deputy, and authorizes the clerk to pay his compensation as a part of his office expenses, there can be no question that his acts as such deputy should be recognized as the acts of the clerk himself, and that the clerk is entitled to like fees for the performance of such acts. ”

“ From this position, claimed by counsel as a legitimate deduction from the statute, it is argued, that the clerk, having been appointed by an exercise of power wholly illegal and void, nay, even without color of authority, his acts, too, must be merely void, and not entitled to the effects properly attributable to the acts of one who may be considered as an officer de facto, in contradistinction to him whose commission and qualification are in all respects regular, and who therefore may be called an officer de jure and de facto. ”

“ Moreover, by the agreed statement of facts it appears that a deputy clerk, who became ex officio recorder, was appointed June 30, 1906, and opened his office for the transaction of business at Duncan on July 7, 1906. ”

“ The conflict between the interest of the court clerk in the timely filing of papers and the interest of the citizen in having his lawsuit tried should be resolved in favor of the citizen, not the court clerk. ”

“ Now, while, as before stated, if the court be properly opened, no business need be done to entitle the officers to their attendance fees, and when authority to do so is given by statute the clerk or marshal may open the court and adjourn it, we know of no authority under which a clerk may open court at his own will, when he may have some order to enter; nor do we know of any authority under which even a judge may open court without his personal presence, unless specially authorized to do so by statute. ”

“ On my left-hand is my secretary, and at a desk, somewhat further on, is the under-sheriff—an attorney who acts as ‘Tiney’s’ deputy, and makes a very good thing of it. It is his duty to see that judgments are put into execution. Immediately underneath me is the clerk of assize, who has prepared Jack’s indictment and taken his plea. In front of his table are the benches appropriated to attorneys, and, further on, the seats occupied by the gentlemen of the bar. ”

“ If the decision is in the affirmative, he presents the case to the grand jury. If the grand jury returns an indictment, that is, if it demands that the accused be held for trial, the prosecuting attorney conducts the prosecution at the ensuing trial.
The clerk, or recording officer, is generally appointed by the court, though he may be elected by popular vote. ”