the proper name and hand writing of the person taking the same on rolls to be provided for that purpose containing proper captions, with the said oaths written thereon at length; which rolls shall be deposited and kept in his office. These oaths generally consist of three descriptions: 1st. The oath of allegiance: 2d. The oath to support the constitution of the United States: 3d. The oath of office. And it is incumbent on him by the said statute, on or before the fifteenth day of January in every year, at the expence of this state, to give information to the governor for the time being, of such persons as have taken the oaths required by law to be taken, and of such as have neglected to take the same, and also of all vacancies in such county, occasioned by death or removal or otherwise in any civil office.

He is by the said statute authorised to bring a suit for the penalty of 25 dollars against any other such commissioner of his county who shall not within six months after taking such oaths, return the rolls thereof as aforesaid into his office.

On Receipt of Commissions. It is his duty to notify all persons in his county of their appointments to civil or military offices, and also of supercedeases to their commissions.

Whenever any new general commission of the pleas, or of the peace, shall be received at the clerk's office, he must forthwith give notice thereof to all persons then in commission and not named in such new commission, and from the time of receiving such notice, or in case of failure of being so notified, from and after the expiration of 30 days from the time of the receipt of such commission at the clerk's office as aforesaid, every judge, other than the first judge, every assistant justice and justice of the peace, shall cease to act in his said office, unless specially authorised by statute to proceed in business already commenced. Law N. Y. April, 1815.

Elections, It is his duty when the inspectors of election return to him the certificates of election for governor, lieutenant governor and senators, to enter such certificates of record in a book to be by him provided for that purpose and within twenty days thereafter to deliver a transcript, certified by him of all such certificates so by him received, or cause the same to be delivered to the secretary of this state by a special messenger to be by him appointed for that purpose; to which messenger such clerk shail administer the following oath: "I A. B. do solemnly and sincerely swear and declare in the presence of Almighty God (or do solemnly and sincerely declare and affirm) that I will faithfully to the best of my ability and without delay, deliver in at the secretary's office, all such certificates of the elec

the clerk shall be paid at the rate of twenty-five cents for each mile, out of the treasury of this state, on the warrant of the comptroller. And such clerk shall likewise on the return to his office of the certificates of election for members of assembly of his county, enter such certificates of record in a book to be provided for that purpose, and shall without delay after the day appointed for delivering to him such certificates shall have elapsed, calculate and ascertain the aggregate amount or whole number of votes given for the respective candidates voted for as members of assembly at any such election, and shall thereupon determine conformable to such statements or certificates delivered to him as aforesaid upon the person or persons duly elected by the greatest number of votes as members of assembly for such county; and shall after entering such determination of record, cause to be delivered to each of the persons so found to be elected as members of assembly, a brief certificate of such election.

The county clerk is, by statute, constituted a commissioner to take affidavits to be read in the supreme court.

His Duty under the Common School Act. The Common School act of 1814, enjoins it upon him whenever he receives notice from the superintendent of common schools, of the apportionment of monies in the said act specified to be distributed among the several towns of his county, forthwith to deliver or transmit the same to the clerk of the board of supervisors of such County, retaining a copy thereof and filing the same in his office. It is the duty of the several county clerks, on or before the first day of November annually, to make a county report of all the matters contained in the several town reports to them made, and to transmit the same to the superintendent of common schools.

To Appoint a Deputy. It is made his duty by statute to appoint a deputy clerk under him, to do and execute all the duties of his said office in case of his death, or inability to perform the same. Law N. Y. amendment of the law, April 5, 1813.

In case of the sickness, inability or absence of the clerk, it is lawful for his sworn deputy when authorised by warrant under the hand and seal of the clerk, to certify all rules, proceedings, pleadings and records in the office, to administer the lawful oaths to civil and military officers, and to assess damages according to law. Law N. Y. March, 1815.

be served, that a deed is to be geer with the certificate of the akkulli due he record is completed, a kad unier is hand, at the foot of such

The Yoku, zavered this day of in the Sax AM the specife time when the same

Registry of Mortgages. A mortgage is to be registered, that is, to be minuted in substance of record; and not to be recorded verbatim, as a deed: with the exception however of the power of sale usually contained in a mortgage, which as we have remarked, must be recorded at length. The registry is thus made:* "Registered for A. B. this day of in the year, &c." "A Register of a mortgage made the day of in the (the date thereof,) Between A. B. of first part, and C. D. of of the second part: For all that (copy the description of the mortgaged premises): With a Proviso or Condition (copy the sum to be paid with, or without interest, as described, with the dates of payment). But in case default shall be made in the payment": (From the word But, record the whole power of sale.)

year of

of the

"Acknowledged by A. B. the mortgager, (or proved by the oath of as the case may be) the day of before F. G. one of the judges, &c. and by him allowed to be registered or recorded.

A true Registry.

F. A. Cl'k."

And then underneath the same he enters thus: "A true Registry and Record, entered this

at 10 o'clock A. M.

day of

in the year of F. A. Cik."

When a mortgage is paid or redeemed, and the clerk is duly authorised, he enters the discharge thereof in the margin of the book of registry, thus: " county, ss. I do certify that a dis

charge signed by J. H. (the mortgagee) on the

day of

in the year of in full satisfaction of the mortgage registered in this and in the preceding page, hath this

,

day of

in

the year of been filed in this office, duly acknowledged by F. G. one of the judges of the court of common pleas of this county, and by him allowed to be entered.

F. A. Clk."

CAPTION OF THE MINUTES OF THE CLERK OF THE COURT OF

COMMON PLEAS.

At a court of common plees held at the court-house in