| DEC. 1817. |
APPENDIX——CHANCERY LAWS.
an avowry shall be pleaded or rent recovered, judgments in debt or
damages under which any lands or tenements shall be seized in execution,
and the several writs of execution by virtue of which the
same shall be sold, and the several returns to such executions, and
also all decrees, petitions, commissions, returns, deeds, papers and
proceedings, whatsoever, relating to lands, tenements, and other
real estate, which shall be had, rendered or made, in such court, or
filed or delivered to be recorded, and now required according to the
laws of the land to be recorded; and the records of all such judgments,
decrees, papers and proceedings, shall be made up at full
length, and in the manner herein before required, within the term of
twelve months from and after the time when the said judgments,
decrees and proceedings, shall be finally rendered, made or had,
or when such deeds, papers and returns, shall be received or required
to be recorded; and the chancellor and judges of the respective
courts of justice, or any one or more of them, at every term,
shall inspect the records and papers of the offices attached to their
respective courts, and examine the condition thereof, and see whether
the duties required by this act be duly performed; and if any
clerk or register shall neglect or refuse to perform the duties hereby
directed and provided, he shall forfeit and pay a sum not exceeding
one hundred dollars for every offence, to be recovered by
indictment and conviction in a court of law; and such conviction
shall be deemed and take as evidence of misbehaviour in office, for
which he may be removed. |
Judgments, &c.
not relating to
real estates not to
be recorded unless
required by
party interested. |
8. AND BE IT ENACTED, That from and after
the end of this session
of assembly it shall not be the duty if 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 proceeding; 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. |
Minutes of court,
to be transcribed. |
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, |
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