costs, &c. 1852, 289, § 1. 1858, 46. 1858, 155, § 1. been commenced or examined previously to the first day of October in state, of crimes, SECT. 60. Any officer neglecting to make the returns required of SECT. 62. Nothing in this chapter shall control the regulations concerning any police court whereby a different provision is made for the exercise of any of the powers of justices of the peace. Penalty on jus- nish forms, &c. This chapter not courts. R. S. 85. § 40. CHAPTER 121. OF CLERKS, ATTORNEYS, AND OTHER OFFICERS OF JUDICIAL COURTS. Clerk of S. J. C. Clerk, duties of; See 1869, 74. SECTION 55. Reporter, if absent, deputy to be appointed; 56. compensation of. CLERKS OF THE COURTS. SECTION 1. The clerk of the supreme judicial court for the commonwealth shall be appointed by the court, and hold his office for five years, unless sooner removed. The clerk of the court for the county of Suffolk shall act as such clerk until one is appointed and qualified. SECT. 2. An assistant clerk of the court may be appointed by the court for the commonwealth, to hold his office for three years from the first day of January next after his appointment, unless sooner removed by the court. SECT. 3. The clerk shall attend all sessions of the court, preserve all the files and papers thereof, keep a docket record of all questions transferred, and all petitions, complaints, or other process presented to 1873 257 the court, entering thereon the name of the parties in full and the name of the counsel appearing in behalf of either party, with a brief description of the kind of action or proceeding. He shall record thereon accurate minutes of all orders, decrees, or directions of the court in each case, transmit forthwith to the clerks of courts in the several counties all rescripts made or ordered by the court, together with the papers belonging to the supreme and superior court in each case, and receive and keep safely all papers transmitted to him by the clerks of the courts. same subject; 1859, 196, § 43. to account for fees, &c. 1859, 196, § 43. SECT. 4. He shall make copies of all papers on file in said court, and of the docket record thereof when desired, and certify the same under the seal of the court; and shall issue such writs or other process as the court directs; he shall charge the fees provided by law for like services for clerks of courts, and when no express sum is fixed receive a fair compensation for the services required of him in analogy to like services for which a compensation is fixed by law: provided, that the fees for entry upon the docket, the record, the transmission of all neces sary papers and the rescript in each case, shall not exceed one dollar and fifty cents in the whole. SECT. 5. The clerk shall annually before the last Wednesday of December, account with and pay over to the treasurer of the commonSee Ch. 15, § 36. wealth all fees received by him, and receive from the treasurer an annual salary of three thousand dollars. Clerks of county 1857, 1. 1860, 11. Clerk of courts, of, how filled. 1856, 173, § 9. SECT. 6. The clerks and assistant clerks of the courts of the several counties shall be clerks of the county commissioners. SECT. 7. If a vacancy occurs in the office of clerk of the courts in vacancy in office any county, or of the clerk of the supreme judicial court in the county of Suffolk, the justices of said court, or a majority of them, may sppoint a clerk, who shall hold the office until the next annual election, or until another is elected or appointed in his stead. Upon a vacancy in the county of Suffolk in the office of a clerk of the superior court, the justices of that court shall in like manner appoint a clerk for a similar term. Assistant clerks, Vacancies, how 1850, 236. SECT. 8. The assistant clerks of the courts in the counties of Midtenure of office of dlesex and Worcester, of the supreme judicial and superior conts in the county of Suffolk, shall continue to hold their offices according to the tenor of their respective appointments. As vacancies occur, the justices of the supreme judicial court, or a majority of them, shall appoint an assistant clerk for the counties of Suffolk, Middlesex, and Worcester respectively, who shall hold their offices for the term of three years, subject to removal by the court. Upon the occurrence of a vacancy in the office of assistant clerk of the superior court in the county of Suffolk, the justices of said court shall in like manner appoint an assistant clerk. 1867, 295, $$ 4,5. 1867, 203. 18731 duties, clerks pro appointed. SECT. 9. If, by reason of sickness or other cause, the clerk of the If clerks are uncourts in any county or of the supreme judicial court is unable to dis- able to perform charge the duties of his office, and there is no assistant clerk or he is tempore may be also unable, the justices of the supreme judicial court, or a majority of Record to be them, may appoint a clerk pro tempore, who shall perform the duties of made; 1851, 158, §§ 1, 3 the office until the clerk or assistant clerk resumes his duties. The 1859, 196, 9. justices of the superior court may in like manner appoint a clerk pro See 1863, 64. tempore, when the clerk and assistant clerk of that court in the county of Suffolk cannot perform the duties of the office. When, after any such temporary appointment, the clerk or assistant clerk resumes his duties, he shall make a record of that fact, with the date, under his signature, in the then latest book of records in each of the courts. SECT. 10. If at a term of any court neither the clerk nor assistant clerk is present, the court may appoint a clerk pro tempore, who shall perform the duties of the office during the term or until the clerk or assistant clerk resumes his duties; unless an appointment under some one of the preceding sections or an election pursuant to law is sooner made. 1856, 37, § 1. not present at terms, court may tempore. appoint clerk pro R. S. 81, § 14. R. S. 88, 13. sworn; R. S. 86, § 8. R. 8. 88, §.3. 1850, 236, 1. 1851, 38, § 1. 1851, 158, § 2. 1856, 37, 3. 1859, 196, § 41. 1843, 7, $2. SECT. 11. The clerk, assistant clerk, and clerk pro tempore of a Clerks to be court shall be sworn before a judge thereof. 1851, 38, § 1. 1851, 158, § 2. 1855, 449, § 2. 1856, 173. 1859, 196, §§ 40, 41. SECT. 12. The clerk and assistant clerk of the supreme judicial court for the commonwealth shall give bond, approved by the court, with sufficient surety or sureties in the sum of two thousand dollars, to the treasurer of the commonwealth, with a condition for the faithful performance of the duties of their respective offices, before entering upon the same. The clerks and assistant clerks shall give bond in like manner to the treasurers of their respective counties, in a sum not less than five hundred nor more than two thousand dollars, to be determined by the court; and the clerks pro tempore appointed under section nine shall give bond in like manner, if required by the court. of; SECT. 13. The clerks shall attend all the courts of which they are general duties clerks when held in their respective counties, and the sessions of the R. s. 88, § 5. county commissioners, and record their proceedings; and shall have See $$ 6, 20, 21. the care and custody of all the records, books, and papers appertaining to and filed or deposited in their respective offices. to make alphabetical list of SECT. 14. They shall keep in every book of records an alphabetical list of the names of all the parties to any suit or judgment therein names of parties; recorded, with a reference to the page where it is recorded; and when R. S. 88, § 7. 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 the alphabetical list. SECT. 15. At every term of the supreme judicial court, the clerk shall exhibit the then latest book of records of each of the courts in the county, and such others as are required, so that the court may have notice of any errors or defects in the keeping of the records, and cause the same to be corrected as occasion requires. to exhibit records to $ J.C. thereof; at every term R. S. 88, § 11. SECT. 16. The justices of the several courts shall inspect the doings justices to inof the clerks from time to time, and see that the records are made up c spect records of, seasonably and kept in good order; and if the records are left incom- R. s. 88, § 8. plete for more than six months at any one time, such neglect, unless See 1861, 95. caused by sickness or other extraordinary casualty, shall be adjudged a forfeiture of the clerk's bond. bond of. SECT. 17. In case of any neglect causing a forfeiture of the clerk's Forfeiture of or assistant clerk's bond, the justices shall forthwith give notice thereof Proceedings. in writing to the treasurer having custody of the bond, who shall there- R. S. 88, § 9. upon cause the bond to be put in suit. ered, how ap SECT. 18. The sum recovered in such suit shall be applied to Sum so recovmaking up the deficient records under the direction of the court in plied. R. S. 88, § 10. But this not to exempt clerks from other suits. R. S. 88, § 12. See 1861, 95, § 1. Assistant clerks' to pay fees to clerk or other officer. 1850, 236, § 2. 1851, 38, § 2. 1856, 37, § 2. Clerks to account, under except, &c.; R. S. 88, § 15. 1859, 196. whose records the deficiency happens, and the surplus, if any, shall b carried into his account as treasurer of the county or commonwealth. SECT. 19. Nothing contained in the preceding sections shall b construed to exempt the clerks from a suit for any other breach of th condition of their bonds, or from their liability in any other way or t any party for neglect or misconduct in their offices. SECT. 20. The assistant clerks may perform such of the duties of th clerk as are not performed by him. SECT. 21. Each assistant clerk shall perform his duties under th direction of the clerk, and pay over to him all fees and sums receive as such assistant. Upon the absence, resignation, death, or removal o the clerk, the assistant clerk shall perform his duties, under the dire tion of the court, until a clerk is elected or appointed and qualified. I case of the death, removal, or resignation of the clerk, the assistant cler shall account with and pay over the money in his hands to the office with whom the clerk is by law required to account. SECT. 22. The clerks of the courts in the several counties and of th oath, for all fees, supreme judicial and superior courts in the county of Suffolk, shall kee an account of all fees received by them for their official acts and ser vices, except fees for copies they are not required by law to furnish and shall on the first Wednesday of January in every year render to the treasurer of the county their account on oath of all fees so received within the year then past. to retain sala ry, of excess of fees; R. S. 88, § 16. 1859, 196. 175=26 salaries of; R. S. 88, § 17. 1857, 272. 1859, 196. fee 1801959 1866, 298, §§ 9, 1867, 295. 10. SECT. 23. Each clerk of the courts in the several counties, and of the supreme judicial court and superior court in the county of Suffolk shall retain the sum hereinafter provided for his annual salary; and also one-half of any excess of that sum, for his own use, and pay the residue to the treasurer for the use of the county; and at the same rate for any part of a year. SECT. 24. The sums which the clerks in the several counties may retain for their annual salaries, shall be as follows, to wit: The clerk in the county of Barnstable, one thousand dollars: Berkshire, fourteen hundred dollars: Bristol, sixteen hundred dollars: Dukes County, two hundred and fifty dollars: Essex, two thousand dollars: Franklin, twelve hundred dollars: Hampden, eighteen hundred dollars: 1873 227 Hampshire, twelve hundred dollars: Middlesex, two thousand dollars: 1873 309 Nantucket, four hundred dollars: Norfolk, fifteen hundred dollars: 1874 42 Plymouth, fourteen hundred dollars: Worcester, two thousand dollars Suffolk, the clerk of supreme judicial court and superior court for civil 1874 239 business, three thousand dollars each; and of the superior court for criminal business, two thousand dollars. When clerk may retain all fees. R. S. 88, § 18. 1874167 Salaries of assistant clerks; 1852, 267. 1854, 215. 1856, 37, § 1. 1859, 196, § 40. See 1860, 191, § 9. SECT. 25. If the fees received by the several clerks do not amount to the salary above provided, the clerk shall retain what is received in full for his services for the year. SECT. 26. The assistant clerks shall receive annual salaries, as follows: Of the supreme judicial court for the commonwealth, fifteen hundred dollars, to be paid by the commonwealth : In the county of Suffolk, of the supreme judicial court, fifteen hun 1867, 205, $$ 4,5. dred dollars: of the superior court, for civil business, eighteen hundred 1870, 336. 1871, 203. 1872, 142, 307, 332, 333. of clerks pro tempore. R. 8. 88. & 14. dollars: In the county of Middlesex, twelve hundred dollars: and In the county of Worcester, sixteen hundred dollars; to be paid quarterly by each county respectively. SECT. 27. The several clerks pro tempore shall receive for their services such compensation as the court appointing them may determine, ATTORNEYS AT LAW. law, how admit R. S. 88, § 19. SECT. 28. A citizen of this state, or an alien who has made the pri- Attorneys at mary declaration of his intention to become a citizen of the United ted to practice. States, and who is an inhabitant of this state, of the age of twenty-one 1852, 154. years and of good moral character, who has devoted three years to the 1859, 196. study of the law in the office of some attorney within this state, shall, 10 Met. 239. 6 Mass. 382. Repealed on application to the supreme judicial court, or superior court, be ad-1876.19741876 mitted to practice as an attorney in any court of this state, on complying with the other requisitions contained in this chapter. SECT. 29. Any person having the other qualifications required in Same subject; R S. 88, § 20. the preceding section, although he has not studied the term therein pre- 1859, 193. scribed, may, on the recommendation of an attorney, petition the supreme judicial court, or superior court, to be examined for admission as an attorney, whereupon the court shall assign a time and place for the examination, and if satisfied with his acquirements and qualifications he shall be admitted as if he had studied three full years. &c. to be sworn, SECT. 30. Whoever is admitted as an attorney shall in open court art 6; R. S. 88, § 21. oath of office 1785, 23, § 1. You solemnly swear that you will do no falsehood, nor consent to the doing of any in court; you will not wittingly or willingly promote or sue any false, groundless, or unlaw- of ful suit, nor give aid or consent to the same; you will delay no man for lucre or malice; R. S. 88, 22. but you will conduct yourself in the office of an attorney within the courts, according to the best of your knowledge and discretion, and with all good fidelity as well to the courts as your clients. So help you, God. of counsellors & c R. S. 83, § 23. SECT. 32. A person admitted in any court may practise in every No distinction other court in the state; and there shall be no distinction of counsellors and attorneys, and attorneys. SECT. 33. A person admitted an attorney or counsellor of the high- Attorneys, &c., est judicial court of any other state of which he was an inhabitant, and from other who afterwards becomes an inhabitant of this state, may be admitted R. S. 88, § 24. to practice here upon satisfactory evidence of his good moral character and his professional qualifications. states. be removed for of, how paid. SECT. 34. An attorney may be removed by the supreme judicial Attorneys may court or superior court for any deceit, malpractice, or other gross mis- malpractice, &c. conduct, and shall also be liable in damages to the party injured thereby, Expenses thereand to such other punishment as may be provided by law; and the ex- RS 88, § 25. penses and costs of the inquiry and proceedings in any court for the 11 Allen, 472, removal of an attorney, shall be paid as in criminal prosecutions in the 473. same courts. 1859, 196. See 1865, 81. suits. SECT. 35. Parties may manage, prosecute, or defend their own suits Parties may personally, and by such counsel or attorneys as they may engage; but one their no more than two persons for each party shall without permission of R. S. 88, § 26. the court be allowed to manage any case therein. authorized, &c. See 1855, 81. Attorney to have 5 Mass 309. SECT. 36. Any person of good moral character may manage, prose- Persons specially cute, or defend a suit if he is specially authorized by the party for whom R. s. 8, $27. he appears, in writing or by personal nomination in open court. SECT. 37. An attorney lawfully possessed of an execution, or who has prosecuted a suit to final judgment in favor of his client, shall have a lien thereon for the amount of his fees and disbursements in the cause, but this shall not prevent the payment of the execution or judgment to the judgment creditor without notice of the lien. SECT. 38. If an attorney at law unreasonably neglects to pay money collected by him for and in behalf of a client, when demanded by the for not paying client, he shall forfeit and pay to such client five times the lawful interest of the money, from the time of the demand. 103 Mass. 35. SECT. 39. No person shall be employed or allowed to appear as 13 Mass 525. 4 Gray, 358. penalty on, over to client; 1859, 166, § 1. not to act in 19752 |