Chap. 0008 An Act providing for the appointment of Clerks of the Courts in the several Counties, and for the safe keeping of the Judicial Records and Files, and for other purposes.

, Sec. 1. -l^E it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That there shall be nominated and appointed by the Governor, with the advice of the Council, during pleasure ; one person in each county in this Commonwealth, who shall be Clerk of all the Judicial Courts holden in the same county, and shall have the care and custody of all the records, files, and proceedings which have heretofore been had, and now remain in the respective offices of either of the Clerks of the Supreme Judicial Court or Court of Common Pleas; and who shall be Clerk of all the Judicial Courts holden in the same county, under the authority of this Commonwealth, and who shall do and perform all the duties, services, acts, matters, and things, which he as Clerk of either of said Courts, ought by law to do and perform.

Sec 2. And be it further enacted, That the several Clerks to be appointed by virtue of this act, shall keep a true and exact account of all the monies they shall receive by virtue of their office, and shall on the first Wednesday of January annually, render to the Treasurers of their respective counties, under oath, a true account of the whole sum thus by them received, and after deducting twelve hundred dollars (if they shall have received so much) which shall be held and retained for their own use, they shall pay over the one half of all the residue to their respective County Treasurers for the use of the county.

Sec 3. And be it further enacted, That every such Clerjc, before he shall enter upon the duties of his office, shall be sworn or affirmed to do and perform all the duties apper-

taining to his office, and such Clerk shall also give bond to the Commonwealth to the acceptance of the Governor and Council in a penal sum, not less than ten thousand dollars, with two or more sureties, conditioned that he will well and faithfully do and perform all the duties and pay over all the monies he is required by this act to do and perform, and for the safe keeping and immediate delivery of all the records, files, papers and muniments in said office to his successor, upon his leaving said office ; which bond shall be lodged in the office of the Treasurer of this Commonwealth.

Sec. 4. And be it further enacted, That each of the Clerks aforesaid shall be required to pay over to the Treasurer of the county for which he may be appointed, all monies received by him, which has heretofore been ordered to be paid into the County Treasury for the use of the County or Commonwealth within thirty days from the adjournment of the Courts at which he may have received the same

Sec 5. Be it further enacted, That upon any appeal hereafter made, entered or prosecuted before the Supreme Judicial Court (except in those counties where there is not any term of the Supreme Judical Court now holden) it shall not be the duty of the appellant or pLintiffin review to produce copies of the cae.e, suit or process, but it shall be the duty of such Clerk to produce and furnish all the original papers, as the same may remain on file in his office with the docket of the Courts of the term when sifch action was terminated, and nothing hereafter shall be taxed for copies on any such appeal or review, except such papers, copies and documents, as the Justices of the Supreme Judicial Court may older to be furnished by the appellant or plaintiff in review.

Sec 6. And be it further enacted, That it shall be the duty of the Court exercising the power of Courts of Session in each count)' as soon as convenient, to provide an office of stone or bricks, which shall be fire proof, well ananged and provided with suitable alcoves, cases and boxes, for the safe keeping of all the records,, files, papers and documents, which novv remain in the Clerks' offices in the several counties, and which may hereafter accumulate in such offices, at the expense of each county respectively, where such office has not already been provided.

Sec. 7. And be it further enacted, That the Clerks now'in office shall continue to do and perform all the duties of their respective offices, until the first day of September next, and until others are appointed and qualified according to the provisions of this act. And in case of a vacancy in said office, or the absence of any Clerk, the Judges of the several Courts are hereby authorised and. empowered to appoint a Clerk, who is hereby authorised to do and perform all the duties of Clerk during such vacancy or -absence, and it shall be the duty of the several Clerks now in office to deliver over to their successors, all the records, files and papers in their respective offices, immediately upon the appointment of such successor.

Sec. 8. And be it further enacted, That this act shall take effect and have force from and after the first day of September next, and all parts of acts inconsistent with the provisions contained in this act are hereby repealed. [This act passed June 18, 1811.]