Book Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1823. Excerpt: ... more desirable. I mean not to offer, by what I am about to remark, the slightest reflection on the character of our present town-clerk; I believe him to be a worthy, excellent, honorable, and kind feeling man, and a good christian. 1 entertain for him sentiments of high esteem and regard; but I must be permitted to say, the proceedings of this court are too much under the influence of the town clerk, who is usually an attorney, (v) when it is held by the mayor and justice, (to) i would not, for a moment, be understood to impute to these officers, any thing like want-of integrity, or unworthy motives, but I allude to their want of experience alone in the common and statute law, and in the practices of the courts above. For instance, I have seen with feelings of concern, in our court of record, after the witnesses have been examined, the town clerk, (an attorney) summing up the case for the consideration of the jury, accompanied by such remarks (o) No clerk of the peace, or his deputy, shall act as solicitor, attorney, or agent, or sue out any process, at any general or quarter sessions, where he shall execute the office of clerk of the peace, or deputy; on pain of 501. to him who shall sue in twelve months, with treble costs. 22 Geo. ii. c. 46. s. 14. (hi) Indeed the recorder might be added, when the office is held by one who is not "learned in the laws," or by one whose usual avocations, preclude the probability of his possessing a competent store of legal information. as he thought proper to suggest. Surely, if the magistrates are not capable of summing up, and delivering their sentiments upon the evidence, ns it appears before them, they must be considered incompetent to sit as judges, on questions, the issue of which may affect the properties, and in s...