Said Court shall have a Clerk to be appointed
by the Justices of the Court, such appointment to be in writing and
filed with the Clerk of the City of Albany. Said Clerk shall, before
he shall be permitted to enter upon the duties of his office, take
the usual oath of office and file the same with the County Clerk of
Albany County, and shall hold office during the pleasure of said Justices
and shall give a bond for the faithful performance of his duties in
such form, for such sum, with such surety as shall be approved by
said Justices, and file the same with the Treasurer of said City.
Said Clerk shall receive such compensation as may be fixed and determined
by the Board of Estimate and Apportionment of said City. In case of
the absence or disability of said Clerk, the Justices of said Court
shall appoint one of the subordinates to act as Clerk until his return
or until a new Clerk is appointed. When a subordinate acts as Clerk,
he shall have the power to sign all processes and mandates of the
Court in the name of the Clerk and perform all the duties devolving
upon the Clerk pursuant to this Part 2.
It shall be the duty of the Clerk of the Court:
A. To keep the Seal of the Court, and affix it to the
certificate of the transcript of the docket of judgment, or any other
certificate, when required so to do.
B. To record the proceedings of the Court.
C. To keep the records and other books appertaining to
the Court.
D. To file papers delivered to him for that purpose in
any action.
E. To authenticate by certificate or exemplification
as may be required, the records or proceedings of the Court, or any
other paper appertaining thereto and filed with him.
F. To administer oaths, take acknowledgments and, when
ordered by a Justice, call the calendars and adjourn causes.
G. To exercise the powers and perform the duties conferred
and imposed upon him by this Part 2, or by order of the Justices of
the Court.
H. In the performance of his duties to conform to the
rules of the Court.
The Clerk of the Court must keep a book, denominated
a docket, in which must be entered:
A. The title of every action or proceeding, in which a summons or precept is issued by the Clerk or a Justice of the Court, and in the case of summons issued by the plaintiff's attorney as provided by §
30-37, the title of every action in which a summons is properly returned with due proof of service.
B. The date of the summons or precept, and the time of
its return, and if an order of arrest, warrant of attachment or writ
of replevin was issued such facts must also be stated.
C. The time when the parties or either of them appeared;
a minute of their pleadings, if in writing, refusing to them; if not
in writing a concise statement of the pleadings.
D. Every adjournment, and to what time.
E. When a trial by jury is demanded, the demand must
be stated, and by whom made, and the time appointed for the trial,
and the return of the jury.
F. The names of the jurors sworn.
G. The verdict of the jury and when received; if the
jury disagree and are discharged, that fact must be stated.
H. The judgment of the Court, its amount, and the costs
in the action.
I. The issuing of execution, when issued, and to whom;
the renewals thereof, if any, and when made; the return and when made.
J. The giving of a transcript to be filed in the County
Clerk's office, and when and to whom given.
K. The receipt of a notice of appeal or order to make
or amend a return, stating the time of the receipt thereof, and the
time of filing a return on appeal.
L. Any other order as the Court may direct.
The several particulars in the last section
specified must be entered under the title of the action or proceeding
to which they relate, and at the time when they occur. Such entries
in the docket, or a transcript thereof, certified by the Clerk, with
the seal of the Court thereon impressed, are evidence to prove the
facts as stated therein.
The Clerk must keep an index to his docket,
in which must be entered the names of the parties to each summons
or precept, with a reference to the page of entry; the names of the
parties respectively must be entered in the index in alphabetical
order.
It is the duty of the Clerk to deliver to his
successor in office his official dockets and papers on file in his
office, as well his own as those of his predecessors which may be
in his custody, there to be kept as public records.
A Clerk with whom the docket of his predecessor
is deposited may issue execution on a judgment there entered and unsatisfied
in the same manner and with the same effect as though he was Clerk
of the Court at the time the judgment was rendered.
A copy of a paper on file in the office of the
Clerk, certified by him as such shall be prima facie evidence thereof.