Crocker v. Fales
Massachusetts Supreme Judicial Court
Debí upon a bond made by the defendants to the plaintiff, as treasurer of the County of Bristol, for the payment of $1000, and dated the 11th day of October, 1804. The defendants pray oyer of the condition of the bond declared on, which reciting that the said Nathaniel was appointed, by the justices of this Court, to be clerk of the Court of Common Pleas for the said county, the condition was, that he, the said Nathaniel, should well and truly discharge and perform all the…
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Debí upon a bond made by the defendants to the plaintiff, as treasurer of the County of Bristol, for the payment of $1000, and dated the 11th day of October, 1804. The defendants pray oyer of the condition of the bond declared on, which reciting that the said Nathaniel was appointed, by the justices of this Court, to be clerk of the Court of Common Pleas for the said county, the condition was, that he, the said Nathaniel, should well and truly discharge and perform all the duties of the same office, and keep_ up the records of the same seasonably and in good order, and make and keep a…
1Opinion of the CourtParker, C. J.
The question in this case turns upon the assignment, in the replication, of a breach of toe condition of the bond. That breach is the non-payment of a sum of money received by the principal as the fees of the crier of the Court.
The condition of the bond is very general, providing only for the faithful execution, by the clerk, of his trust, and for the keeping up of the records; and this is in pursuance of the statute of 1786, c. 57, § 3, which provides for the safe keeping of the records. By the statute of 1795, c. 41, commonly called the fee bill, it is made the duty of the clerk to receive…
2Cited by4 opinions
- Howard v. United StatesSupreme Court of the United States · 1902
- State, Use of Smith v. TurnerCourt of Appeals of Maryland · 1905
- Gilbert v. IshamSupreme Court of Connecticut · 1844
- Spencer v. WatkinsonSupreme Court of Connecticut · 1835