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within this state, and has been removed or has resigned, or the se-
curities of such officer, whose papers and judicial proceedings re-
main 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 offi-
cer, 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, ac-
cording to the forms and customs heretofore most used and ap-
proved.
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 un-
recorded, or any one or more of them, at any time during the en-
suing 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 re-
corded, and shall direct an entry to be made of the respective por-
tions and periods which they shall assign; and at the termination of
every period the book or books shall be brought before him or them,
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 dol-
lars, according to the nature of the offence, and the injury which
may be probably sustained, shall be assessed by the jury, and col-
lected 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.
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,
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Dec. Ses. 1817
Chancellor &
judges to exa-
mine the dock-
ets, &c.
Records to be
made up and
completed—to
be inspected.
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