Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-08-28
or the Qualifications and General Duties
of Clerks of the SuDerior

OF the Qualifications and General Dutie
OF Clerks of the Superior Courts.
Sec. 1. At the first meeting of the coun
ty commissioners of each county after the
election or appointment of any Clerk of 6
; Superior Court, it shall be the duty of the
Clerk to deliver to such commissioners 8
bond, with sufficient sureties, to be ap-
proved by them, as is now required by the
law, payable to the State of North Carroll
ma, and with condition to be void if he
shall account for any land pay over accord
ing to law all monies and effects which
have or may come into his hands by virtue
Or color of his Office, and shall diligently
preserve and take care of all books, records,
papers and property which have CON or
may come into his possession, by virtue or
color of his Office, and shall, in all things,
I faithfully perform the duties of his office.
as they are or hereafter may be prescribed
by law.
BOND-HOW APPROVED, &C.
SEC. 2. The approval Of said bonds by
! the commissioners, or majority OF them,
shall be recorded by their clerk, any com
missioner dissenting may cause his dissent
to be entered on record. Any commits
sioner approving a bond which he knows
or believes to be insufficient shall person
ally be liable as if he was a surety thereto
The said bond acknowledged by the par
ties thereto, or proved by a subscribing
witness, before the clerk of said commits.
sioners, their presiding officer, regis
tered in the Office Of the register of the
county, in separate book to be kept by
| him for the registration of official bonds,
and the original with the approval thereof
endorsed, deposited with the register for
safe keeping. The like remedies shall be
hoI hon No
| by law on official bonds
QUALIFICATION OF CLERKS.
Sec. 3. Every Clerk of the Superior
Court, before entering on the duties of his
Office, shall take and subscribe before some
officer authorized by law to administer an
oath, the oaths prescribed by law and file
the same with the Register of Deeds for
the county.
FAILURE TO GIVE BOND.
Sec. 4. In case any clerk shall fail to
give bond and qualify as above directed,
the Chairman of the County Commission
ers of his county shall Immediately inform
the Judge of the judicial district thereof,
who shall thereupon declare the Office
vacant, and fill the same, and the appointee
shall give bond and qualify as above d.
rected.
oFFICEs-wHERE TO BE KEPT
| Sec. 5. He shall have an Office in the
| Court House, or other place provided by
the County Commissioners, in the county
town of his county. He shall give due at
office, daily, Sundays and legal holidays
excepted from o'clock, A. NJ, to 3
o'clock, z. NJ, and longer. when necessary,
for the dispatch of business.
TO RECEIVE OFFICIAL PAPERS, &C.
Sec. 6. Immediately after he s hall
have given bond and qualified as aforesaid,
he shall receive from the late Clerk of the
County and Superior Courts, and Clerk
and Master of the Court of Equity of the
county all records, books, papers, money
and property of their respective Offices, and
give receipts for the same and if any such
late clerk, or clerks and master shall refuse
or fail within reasonable time after de-
mand to deliver such records, books,
papers, money and property, they shall be
respectively liable on their official bonds
for the value thereof, and be held guilty
of misdemeanor.
TO KEEP RECORDS, &C.
SEC. 7. He shall keep in bound volumes
complete and faithful record Of all his
official acts, and give copies thereof to all
persons desiring them, on payment of the
legal fees.
BOOKS TO BE KEPT BY THE CLERKS.
Sec. s. The clerk shall keep the follow
ing books:
l. A docket of all writs of summons. or
other original process issued by him, or
returned to his office. This docket shall
contain brief note of every proceeding
whatever, in each action, up to the final
Judgment inclusive.
g An Execution Docket, in which the
substance of the judgment shall be record
ed, and every proceeding subsequent there
to, noted, with an alphabetical index,
3. A Docket of all issues of fact Joined
upon the pleadings and other matters, tri-
able before a jury, and of all other matters
for hearing before the Judges, at regular
term of the Court, copy of which shall be
furnished to the Judge at the commence
ment of each term.
f. An alphabetical index according to
the names of the plaintiffs, of all fnaljudg-
ments in civil action, rendered in the court,
with the dates and numbers thereof.
5. A Docket of all criminal actions, con-
tanning note of every proceeding in each.
BY WHOM THE BOOKS ARE TO BE FURNIsHE
SEC 8. The books specified in the above
section shall be supplied to the clerks of
the several counties by the Secretary Of
State, at the expense of the State and the
Secretary shall, as soon as possible. trans
NIT an account thereof to the chairman of
the County Commissioners, in order that
the price may be levied in the county tax.
es, and also the Auditor of public accounts,
who shall add the same to the taxes of the
respective counties, and receive and ac-
count for it as for other taxes. The COM
missioners of any county failing to cause
such sum to be levied with the other coun-
ty taxes, shall be guilty of misdemeanor.
PAPERS IN EACH ACTION TO BE KEPT sEPA-
RATE.
Sec. 10. The clerk shall keep the papers
in each action in separate roll or bundle,
and at its termination attach together, pro-
perly label, and file them in older of the
date of the final judgment.
SOLICITORS TO EXAMINE RECORDS, &C.
Sec. IL. At every regular term of Su-
perior Court, the Solicitor for the Judicial
District shall inspect the office OF the clerk
and report to the court in writing. Ii any
clerk, after being furnished with the neces-
sary books, shall fail to keep them up as
required by law. he shall be guilty of