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APPENDIX——CHANCERY LAWS.
or the securities of such officer, whose papers and judicial
proceedings remain unrecorded, and the executors or administrators
of each and every officer, now deceased, who in his life-time
was the clerk or register of any such court, or the securities of
such deceased officer, whose papers and judicial proceedings remain
unrecorded, and the present clerk or register of any such
court whose papers and judicial proceedings remain unrecorded,
shall respectively proceed, without delay, to record, or cause to be
recorded, in sufficient and well bound books, and in a fair and correct
manner, all and singular the judgments duly rendered in each
and every action of ejectment, trespass quare clausum fregit, dower,
partition, replevin wherein an avowry has been pleaded or rent recovered,
judgments in debt, or damages under which any lands or
tenements have been seized in execution, and the several executions
by virtue of which the same have been sold, and the several returns
to such executions, and all decrees, petitions, commissions,
returns, deeds, papers and proceedings, whatsoever, relating to
lands, tenements, or other real estate, remaining in their respective
offices unrecorded, and which they respectively are bound to
record; and the records of such judgments, decrees, papers and
proceedings, shall be made up at full length, and contain the pleadings,
continuances, and all other documents and entries, necessary
to complete the same, according to the forms and customs heretofore
most used and approved. |
DEC. 1817.
CHAP. 119. |
6. AND BE IT ENACTED, That the chancellor
and the judges of
the said respective courts of justice, in the office belonging to which
such judgments, decrees, papers and proceedings, shall remain unrecorded,
or any one or more of them, at any time during the ensuing
and other terms, shall examine the dockets and files thereof,
and specify certain periods from term to term when the same, or
such portions thereof as he or they shall prescribe, ought to be recorded,
and shall direct an entry to be made of the respective portions
and periods which they shall assign; and at the termination of
every period the book or books shall be brought before him or hem,
and the said chancellor and judges respectively, or any one or
more of them, shall determine whether the records are made up in
the manner required by this act; and upon every failure to perform
the duties hereby directed and provided, the attorney for the state,
prosecuting in such court, shall put in suit the bond of such officer,
who, or whose executors, administrators or securities, shall make
default, unless the court shall see reasonable cause for granting
more delay; and a sum of money not exceeding one thousand dollars,
according to the nature of the offence, and the injury which
may be probably sustained, shall be assessed by the jury, and collected
and paid over, as the case may be, either to the justices of
the levy court to defray the county charges, or to the treasurer of
the respective shores for the use of this state. |
Chancellor and
judges to examine
the dockets, &c. |
7. AND BE IT ENACTED, That from and after
the end of this session
of assembly, it shall be the duty of each and every officer,
being the clerk or register of any court of justice within this state,
to
make up and complete his records in sufficient and well bound
books, and in a fair and correct manner, of all and singular the
judgments duly rendered in each and every action of ejectment,
trespass quare clausum fregit, dower, partition, replevin wherein |
Records to be
made up and
completed—to be
inspected. |
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