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City of Albany, NY
Albany County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
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.