Clerk of the court

“ 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. ”

“ Where a court, upon suggestion of the diminution of the record, orders a clerk of the court below to send up a more ample record, or to supply deficiencies in the record filed, there is no production of testimony against the accused, within the meaning of this provision as to meeting witnesses face to face, in permitting the clerk to certify the additional matter. ”

“ 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 ”

“ The only witness on the part of the libellant, whose testimony has any bearing on the subject, is his bookkeeper. He says, that on the night in question he gave to the second clerk of the steamer, who was on the levee checking freight, two bills of lading, with the statement (of this he is not positive) , 'These are the bills of that barge,' to which the clerk made some assenting remark. But the clerk denies that he knew the contents of the papers when handed to him, or that anything was said at the time from which he could infer their contents. ”

“ The clerk of the court, the deputy clerk, the crier, the marshal of the United States and his deputy, who were in attendance on the court, all corroborate, on oath, the statement of the judge, and say no application was made in open court for the appeal; and no entry on the docket is found of such an application. From the certified copy of the petition for an appeal, it does not appear to have been filed, or that an entry of it was made on the docket. ”

“ 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. ”

“ 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. ”

“ At the judge's right are the jury, seated in a box of either two rows of six or three rows of four, the back row being nearly on a level with the judge. In front of the judge, but so much lower as to oblige him to stand on his chair when whispering to his lordship, sits his "associate," a barrister in wig and gown, whom we should designate as the clerk of the court.
Facing the associate is the "solicitors' well," at the floor level, where, on the front row of benches, sit the solicitors in ordinary street dress. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ The clerk of the court is a competent judge of the amount of costs which can be recovered in on action; and money paid to him is in the safe keeping of the court, and subject to its disposal. Willings et al. v. Consequa, 1 Peters’ C. C. R. 301.
40. In a case of tort, several costs of travel, attendance, and attorney’s fees will he allowed to the several defendants, whether the pleadings are joint or several. ”

“ 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 ”

“ As the clerk is not a jury commissioner eo nomine, it is difficult to see how he could be paid out of an appropriation for jury commissioners, or how these appropriation bills enlarge his rights, and, unless he is entitled to extra compensation as clerk for these duties, there would seem to be no appropriation from which he could be paid. While the duties of the clerk are similar to those of the commissioner, there is nothing in the language to indicate that the clerk did not act as clerk in performing such duties, or that he became ex officio a jury commissioner. ”

“ 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. ”

“ This was of course refused; the recorder remarking, they might as well allow counsel for felons to address juries, as read defences; and that, as every practical man knew, would be utterly subversive of the due administration of justice. The clerk of the court would read the paper, if the prisoner felt too agitated to do so. This was done; and very vilely done. The clerk, I dare say, read as well as he was able; but old, near-sighted, and possessed of anything but a clear enunciation, what could be expected? The defence, so read, produced not the slightest effect either on the court or jury. ”

“ In this case the writ runs in the name of the president of the United States to the judges of the court of criminal appeals, is tested in the name of the chief justice of the supreme court of the United States, signed by the clerk of the court of criminal appeals, and allowed by its presiding judge. ”

“ The language of the section is that the stipulation may be filed with the clerk of the court, which is undoubtedly designed to enable the parties to make agreements in vacation; and it is required to be in writing, to prevent either party demanding a jury unexpectedly at the trial. In those courts where juries are called from a great distance and detained at a heavy sacrifice, the courts usually give jury trials the preference. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ In February following, the judge who presided at the trial, and who was detained in San Francisco by sickness, telegraphed the clerk of the court that he granted the motion for a new trial, and had forwarded his grounds for doing so by mail. ”

“ 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. ”

“ The officer taking such recognisance shall return the same to the clerk of the court to which said appeal is taken forthwith, and such clerk shall file the same in his office, and complaint shall be prosecuted in such court, by indictment, as in other criminal cases; and upon conviction, the appellant shall be fined not more than fifty dollars, and shall pay the costs of prosecution; and such gaming establishment, apparatus, or device shall be destroyed. ”

“ When the clerk in an English Court of Justice administers the usual oath, he finishes with the words “Kiss the Book,” spoken in an imperative mood, and if the witness shows any hesitation in carrying out the unsavoury ceremony, he does his best to compel performance. The imperative mood of the clerk has not, to my thinking, any legal sanction. Kissing the Book is not, and never has been, as far as I can learn, a necessary legal incident of the oath of a Christian witness or juror. ”

“ A court of justice is built everywhere much in the same fashion—​a throne for the judge, benches right and left for the sheriff and municipal authorities, boxes on each side for the juries, separate pews for the warder and clerk of the court, convenient seats for the barristers. Then there is the witness-box, the dock, and benches piled tier over tier for the convenience of the spectators, and, as a matter of course, the ventilation is radically bad. ”

“ 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. ”

“ 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 ”

“ 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. ”

“ The great man knows that the jurors are aware of the importance of the occasion and that their eyes will follow his every movement. As he walks up to the counsel table and deposits his derby it may well become a gage of battle.
The clerk at the side of the judge's desk begins turning a large hollow wooden wheel; within it are cards on each of which is written the name of a juror who has been served by the sheriff to attend on the panel for the trial term of the court. The number summoned naturally is larger than the twelve needed for any one case. ”

“ 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. ”

“ When the clerk performs a service in obedience to an order of the court, he is as much entitled to compensation as if he were able to put his finger upon a particular clause of a statute authorizing compensation for such services. ”

“ So the attorney for the plaintiff proceeds throughout the twelve before him, and he may say at any time, "Your Honor, I excuse juror number so and so."
Usually he examines the whole twelve before "excusing" any of them, and when doing so many lawyers turn from the box to the judge as they say, "I will excuse numbers four, five, and eleven." Frequently those remaining do not realize why their brethren have been dismissed. A slight bewilderment may pass across the faces of all, as a man here and there, under the beckoning finger of the clerk, rises to give up his seat. ”