ARTICLE XXXIV.––OF THE CLERK OF THE SUPREME COURT.

 

§860.  The clerk of the Supreme Court shall be appointed by the Justices thereof, and hold his office subject to their pleasure.  He shall have charge of the seal of the court, which shall be impressed upon all its process.  He shall have power to issue process in all suits and matters brought before the Supreme Court, or before the Chief Justice or any Associate Justice thereof at chambers.  He shall also have power to administer oaths, to take the depositions of witnesses, to assess damages upon notes, bonds, bills of exchange, orders, and other liquidated obligations, in all cases in which default shall have been made, or on reference by the court, and all other powers and duties in relation to the drawing of jurors, and in all other matters which lawfully pertain to his office, or are necessary to the transaction of the business of the Supreme Court.  He shall also be ex officio a master in chancery. 

 

§861.  He shall be sworn to the faithful discharge of all the duties of his office, by one of the justices of the Supreme Court; and before entering on the performance of such duties, he shall give a bond to the Minister of Finance, with one or more sufficient sureties, and in such sum as may be approved by the Supreme Court, conditioned for the faithful discharge of all his official duties.

 

§862.  He shall attend and record the proceedings of the court, and have the care and custody of all the records, books, papers, and moneys appertaining to the court or to the office, subject however, to the orders of the court.

 

§863.  In equity, admiralty, or maritime cases, and in all matters heard before any justice of the Supreme Court at chambers, the clerk shall attend and record such part of the proceedings as shall be directed by the court, either by general rules, or by special order of the justice hearing the case. 

 

§864.  He shall keep in every book of records, an alphabetical list of the names of all parties to any suit or judgment therein recorded, with a reference to the page where it is recorded; and where there are several persons, either plaintiffs or defendants, the name of every person, with a like reference, shall be inserted in its appropriate place in said list.

 

§865.  The Justices of the Supreme Court shall inspect the doings of the clerk, from time to time, and see that the records are made up seasonably and kept in good order; and if necessary, said justices may employ a deputy clerk, to assist said clerk in keeping up his records, and in the discharge of his other duties.  If the records are left incomplete for more than three months at any one time, such neglect, unless caused by sickness or other good reason, shall be adjudged a forfeiture of the clerk’s bond.

 

§866.  The clerk shall exhibit the records, at every term, to the Justices of the Supreme Court, and at such other times as may be required by any justice, so that the court may have notice of any errors or defects in the keeping of the records, and may cause the same to be corrected.

 

§867.  In case of the absence or death of the clerk, his deputy shall act as clerk, until the clerk shall resume the discharge of his duties, or until another shall be appointed by the court.  In case there be no deputy, the court shall appoint a clerk pro tempore, who shall receive for his services such compensation as the court shall think proper, to be paid from the appropriation for the standing clerk, or from the public treasury, as the court may direct, by order upon the Minister of Finance, out of any moneys not otherwise appropriated.

 

§868.  The Clerk of the Supreme Court shall keep exact accounts of all fines, costs, and fees, received by him, and shall render quarterly accounts of the same, under oath, to the Minister of Finance.

 

§869.  The Clerk of the Supreme Court shall receive an annual salary of two thousand dollars, which shall be paid in monthly payments out of the treasury of the Kingdom.

 

 

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