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Home » Law Dictionary » C » CLERK

CLERK

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) commerce, contract. A person in the employ of a merchant, who attends only to a part of his business, while the merchant himself superintends the whole. He differs from a factor in this, that the latter wholly supplies the place of his principal in respect to the property consigned to him. Pard. Dr. Com. n. 38, 1 Chit. Pract. 80; 2 Bouv. Inst. n. 1287. (B) eccl. law. Every individual, who is attached to the ecclesiastical state, and who has submitted to the ceremony of the tonsure, is a clerk. (C) officer. A person employed in an office, public or private, for keeping records or accounts. His business is to write or register, in proper form, the transactions of the tribunal or body to which he belongs. Some clerks, however, have little or no writing to do in their offices, as, the clerk of the market, whose duties are confined chiefly to superintending the markets. In the English law, clerk also signifies a clergyman. (D) A law student or a recent law school graduate who serves as an assistant to a judge or a lawyer and assists with legal research and writing and typically crafts memorandums on cases and legal subjects.

Law Dictionary – Alternative Legal Definition

In ecclesiastical law. A person In holy orders; a clergyman; an individual attached to the ecclesiastical state, and who has the clerical tonsure. See 4 Bl. Comm. 366, 367. In praotice. A person employed in a public office, or as an officer of a court whose duty is to keep records or accounts. In commercial law. A person employed by a merchant or in a mercantile establishment, as a salesman, book-keeper, accountant, amanuensis, etc., invested with more or less authority in the administration of some branch or department of the business, while the principal himself superintends the whole. State v. Barter, 58 N. H. 604; Hamuli v. State, 5 Mo. 264; Railroad Co. v. Trust Co., 82 Md. 535, 84 Atl. 778, 38 L. It A. 97. Clerk of arraigns. In English law. An assistant to the clerk of assise. His duties are in the crown court on circuit. Clerk of assise. In English law. Officers who officiate as associates on the circuits. They record all judicial proceedings done by the judges on the circuit Clerk of court. An officer of a court of justice who has charge of the clerical part of its business, who keeps its records and seal, issues process, enters judgments and orders, gives certified copies from the records, etc. Peterson v. State. 45 Wis. 540; Ross v. Heathcock. 57 Wis. 89, 15 N. W. 9; Gordon v. State, 2 Tex. App. 154; U. S. v. Warren, 12 Okl. 350, 71 Pac. 685. Clerk of enrollments. In English law.. The former chief officer of the English enrollment office, (q. v.) He now forms part of the staff of the central office. Clerk of the crown in chancery. See CBOWN OFFICE IN CHANCERY. Clerk of the house of commons. An important officer of the English house of commons. He is appointed by the crown as under-clerk of the parliaments to attend upon the commons. He makes a declaration, on entering upon his office, to make true entries, remembrances, and journals of the things done and passed in the house. He signs all orders of the house, indorses the bills sent or returned to the lords, and reads whatever is required to be read in the house. He has the custody of all records and other documents. May, Pari. Pr. 236. Clerk of the market. The overseer or superintendent of a public market In old English law, he was a quasi judicial officer, having power to settle controversies arising in the market between persons dealing there. Called “clericus tuercati.” 4 Bl. Comm. 275. Clerk of the parliaments. One of the chief officers of the house of lords. He is appointed by the crown, by letters patent. On entering office he makes a declaration to make true entries and records of the things done and passed in the parliaments, and to keep secret all such matters as shall be treated therein. May, Pari. Pr. 238. Clerk of the peace. In English law. An officer whose duties are to officiate at sessions of the peace, to prepare indictments, and to record the proceedings of the justices, and to perform a number of special duties in connection with the affairs of the county. Clerk of the petty has;. See PETTY BAG. Clerk of the privy seal. There are four of these officers, who attend the lord privy seal, or, in the absence of the lord privy seal, the principal secretary of state. Their duty is to write and make out all things that are sent by warrant from the signet to the privy seal, and which are to be passed to the great seal; and also to make out privy seals (as they are termed) upon any special occasion of his majesty’s affairs, as for the loan of money and such like purposes. Cowell. Clerk of the signet. An officer, in England, whose duty it is to attend on the king’s principal secretary, who always has the custody of the privy signet, as well for the purpose of sealing his majesty’s private letters, as also grants which pass his majesty’s hand by bill signed; there are four of these officers. Cowell. Clerks of indictments. Officers attached to the central criminal court in England, and to each circuit. They prepare and settle indictments against offenders, and assist the clerk of arraigns. Clerks of records and writs. Officers formerly attached to the English court of chancery, whose duties consisted principally in sealing bills of complaint and writs of execution, filing affidavits, keeping a record of suits, and certifying office copies of pleadings and affidavits. They were three in number, and the business was distributed among them according to the letters of the alphabet. By the judicature’ acts, 1873, 1875, they were transferred to the chancery division of the high court. Now, by the judicature (officers’) act, 1879, they have been transferred to the central office of the supreme court, under the title of “Masters of the Supreme Court,” and the office of clerk of records and writs has been abolished. Sweet. Clerks of seats, in the principal registry of the probate division of the English high court, discharge the duty of preparing and passing the grants of probate and letters of administration, under the supervision of the registrars. There are six seats, the business of which is regulated by an alphabetical arrangement, and each seat has four clerks. They have to take bonds from administrators, and to receive caveats against a grant being made in a case where a. will is contested. They also draw the “acts,” i.e., a short summary of each grant made, containing the name of the deceased, amount of assets, and other particulars. Sweet.

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