The coastland times. [volume] (Mnateo [i.e. Manteo], N.C.) 1947-1959, 1951-05-25

TURN 10 MS OFFICE Dy 0aCn JuSCVS
of the peace on the expiration of
the term of such justice or if the
! justice be dead, by his personal
representative, of all records, pap
ers, dockets and books held by
such justice by virtue or color of
his office, and shall deliver the
same to the successor in office of
such justice.
The clerk shall take proof of
deeds, bills of sale, official bonds,
letters of attorney and other in
struments permitted or required by
law to be registered.
The clerk shall take proof of
wills and grant letters testament
tary and of administration.
The clerk may revoke letters tes-
tementary and of administration.
The clerk shall appoint ana re-
move guardians of infants, idiots,
inebriates and lunatics.
The clerk shall audit the ac-
counts of executors, administrat-
,ors, collectors, receivers, commits
sioners and guardians
The clerk shall exercise jurisdic-
ton conferred on him in every 9TH
er case prescribed by law.
1t would appear from this SIM
pie, unadorned enumeration Of the
clerks powers and duties that the
clerks life is not one of leisure and
relaxation. Take, for example, just
one item on the list-that of aud
iting the accounts of executors, ad-
illustrators, collectors. receivers,
commissioners and guardians.
Those of you who are familiar with
the details of an audit will at once
appreciate the size of this chore
alone. But that, as famous radio
actor used to say, twas onlee the
beginning"
AS you gathered from the list
ing of the clerks duties, the Su-
perior Court is a record keeping
unit. Let me read to you Paragraph
$50 from the Manual of Law and
Forms to which l referred a few
moments ago. 1t is captioned: "To
keep records of his office; obtain
ing originals or copies" And 1
quote: "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 fee. He shall be answerable
for all records belonging to his Of
fee and all papers filed in the court,
and they shall not be taken from
his custody unless by special or
der of the court, or on the written
consent of the attorneys Of record
of all the parties; but parties may
at all times have copies upon pay
| ing the clerk therefor
Observe that it is not only nee
essary to keep the records, but to
be in a position to furnish an I'M
determined number of copies at all
times.
The law goes on to say that in
addition to this, the following
books shall be open to the public
for inspection during regular Of
fee hours. The books are then
enumerated. They fall into SO gen.
eral categories and cover three
pages in small type in the man.
ual. shall not attempt to read
the list but I can assure you that
it is most complete.
If you want to buy firearms, if
you want to practice as a chiropod-
list in Dare County, if you want to
reread the will of your Aunt En-
ma, of if you want to know whether
John Doe has paid his Poll Tax,
you can secure the information
from our books. And the informa-
ton will be right, l assure you.
Thus far in my remarks, / have
been general in the scope Of the
Superior Courts activities. Now let
me touch for moment on the mat
tiers of probate. Every man or wo-
man domiciled in this county who
dies owning property either leaves
will or dies intestate. In either
event, there is considerable formal
ity before the property passes in
to the hands of the rightful heirs,
Letters of administration must be
granted in cases where there is no
will; if no executor is named in the
will, one must be appointed and
bonded; there must be inventories
| and wide range of other actions
which the Superior Court must SUI
pervise, direct and record.
i A careless person is inclined To
call this "red tape; but 1 assure
| you that such is not the case. AL
the action included in probating q
win is sound legal practice to pro
tect the rights of the deceased, the
heirs and the public. II would b
useless for me to describe the var
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