| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
8. AND BE IT ENACTED, That from and after the
end of this session
of assembly it shall not be the duty of any clerk of any court
of law, or for the register of any court of chancery, within this
state, to make up the record of any judgment, decree or judicial
proceeding, which shall not relate to lands, tenements, or other real
estate, or affect or concern the title, right or interest therein, as
herein before particularly mentioned, unless required in writing
by some party or person interested in such proceedings; but nevertheless,
if any person or persons shall require an exemplification or
official copy of a record of such judgment, decree or judicial proceeding,
it shall be lawful for the clerk or register to grant and
certify the same; and the minutes of the court, the entries of the
dockets, and the original papers and documents filed in such cause,
shall be sufficient vouchers to the clerk or register for entering the
style of the court by which, and the term and year in which such
judgment, decree, or final proceeding, was had, rendered or made,
and for making a due and proper record thereof. |
1817.
CHAP. 119.
Judgments, &c.
not relating to real
estates not to be
recorded unless
required by party
interested. |
9. AND BE IT ENACTED, That instead of making
up the records
of the judgments, decrees and judicial proceedings, herein before
lastly mentioned, it shall be the duty of the clerk or register of the
respective courts of justice aforesaid, and each and every of them
is hereby directed and required, forthwith to provide one or more
substantial and well bound book or books, and therein, immediately
after every term, to enter and transcribe, in a fair and correct
manner, and according to the true intent and meaning of each proceeding,
the minutes of the court, and the docket entries of all
and every action, prosecution, suit and execution, civil, criminal
and equitable, which shall have ended during the said term by trial,
judgment, decree, submission, agreement, non pros. discontinuance,
satisfaction, or otherwise however; and such transcripts
shall contain the style or names of the parties, the nature of the
case, and other memoranda, as they do or should appear upon the
dockets, and the judgment, decree, order or agreement, by which
the several actions, prosecutions or suits, were terminated; and the
bills of costs, recoverable by the party in whose favour they shall
have been awarded, shall be likewise transcribed and entered; and
all the said books shall be truly and regularly paged and alphabeted,
and the whole shall be completed before the ensuing term; and
the said chancellor and judges of the respective courts of justice,
or any one or more of them, at each succeeding term, shall require
the said clerk or register to produce the said book, and shall inspect
and examine the entries therein transcribed, and the manner
in which the services are performed, and decide whether the duties
hereby required have been faithfully discharged; and if any clerk
or register shall neglect or refuse to provide the said book, or to
make the transcripts hereby required in the manner herein prescribed,
he shall forfeit and pay a sum not exceeding one hundred
dollars for every offence, to be recovered by indictment and conviction
aforesaid; and such conviction shall be deemed and taken
as evidence of misbehaviour in office, for which he may be removed. |
Minutes of court,
&c. to be transcribed. |
10. AND BE IT ENACTED, That as a better compensation
to the
said clerks and registers for the books they are obliged to procure,
and for making on their records fair entries of their proceedings, |
Compensation to
clerks. |
|
 |
