Whereas great complaints have been and are daily made by the Inhabitants of this Government that the Records of their respective County Courts are irregularly kept or wholy neglected to be kept occasioned by the County Court Clerks not being obliged to reside in their Countys and that Several Persons have been appointed Clerks not Sufficiently Qualified or Capable of such employment And Whereas great Complaints hath also been made that several Clerks of the County Courts in this Province have exacted demanded and received very exorbitant and other fees than Established by the Laws of this province occasioned by their bying and paying large Sums of money for their Comissions or appointment more than the profits of such offices will bear to the great grievance of the people for remedy whereof We pray it may be enacted

And be it Enacted by his Excellency the Governor the Council and General Assembly of this province and it is hereby Enacted by the authority of the same that the Justices of the several County Courts in this province shall at the next County Court after the ratification of this Act and as often as a vacancy shall happen recomend two fit and able persons to the Governor or Commander in Chief for the time being to Serve the County as Clerk of the Court and the Governor or Commander in chief for the time being is hereby authorized to grant a Commission to one of the persons so recommended to Serve as Clerk of the said County who before he enters into his Office shall and is hereby required to give good and sufficient Security to the Justices of the said respective Courts for his Just keeping of the Records thereof and the Execution of his office in the sum of two hundred pounds Sterling.

And be it further Enacted by the authority aforesaid that every Person appointed and Comissionated by his Excellency shall before he enters into his respective office or Act therein take the following Oath before the Court of the County wherein he is appointed Clerk (videlicet) I: A: B: do Swear that I will well and truly make such Entrys as the Court shall direct during the Courts Sitting and that with all convenient speed I will make fair entrys thereof to be kept of Record and enter up all Judgements and make up all records and that I have not given or am to give nor that any other person or persons with my privity or consent have given or are to give any Summ of money for or other reward to any person whatsoever for this my Office of Clerk of [blank] County and that I will do my Duty therein according to my knowledge and Judgement so help me God.

And be it further Enacted by the Authority aforesaid that from and after the ratification of this Act every person appointed Clerk of any County Court of this province shall constantly reside in the County where he is Clerk and shall keep his Office in some convenient place in the said County and where there is a Town in any County the Clerk shall constantly keep his Office there and shall enter the Judgements make up the Records and fair Copy the Minutes of the Court before the next succeeding Court after such Court the same was given ordered or made ready to be produced to the Justices of the Court if they require the same under the penalty of five pounds proclamation money to be recovered in any Court of Record within this province by bill plaint or Information by any Person who will sue for the same wherein no Essoin Injunction or Wager of Law shall be allowed or admitted of.

And be it further Enacted by the Authority aforesaid that if any person so appointed Clerk shall give or any person with his privity or Consent or by his means or procurement give any Money fee or other reward in any manner howsoever to any Person whatsoever for his said Office or for procuring the same such Person giving the same or Suffering procuring or contriving by any other to give any money fee or reward whatsoever shall forfeit treble the Summ or the Value of the thing so given to be recovered in any Court of Record by any Person who will inform and sue for the same wherein no Essoin injunction or wager of law shall be allowed or admitted of and such person shall also be forever Incapable of holding any Office of Clerk of a County Court within this Province.

And be it further Enacted by the Authority aforesaid that after Appointment of any Clerk by this Act the Justices of the Several County Courts of this Province are hereby impowered and required to order the Clerks or other Persons to deliver up to the Clerks to be in virtue of this Act appointed all Docketts entrys Records and other Papers belonging and in any manner relating to the said Office and in case of refusal the said Justices are hereby impowered to Comitt such person or Clerk without bail or main prize till he deliver the same and such Clerks or Persons on delivering up the same shall make Oath that they have delivered up all Docketts entrys Records and other papers belonging or relating in any manner to the said Office which they have or came to their hands.

And be it further Enacted by the Authority aforesaid that from and after the ratification of this Act no Clerk to be appointed by virtue of this Act shall hereafter be chosen a Representative to Sit in General Assembly during his Enjoyment of such Office.

CO 5/333, fs. 49-50
Disallowed by Privy Council in London on January 19, 1743, upon a recommendation from the Board of Trade. The board reported that it did “not find there were any proofs laid before the Assembly in Support of the Allegations Set forth in the Preamble but if the said Allegations had been clearly made out to the Satisfaction of the Assembly where this Bill had its rise, The said Lords Commissioners [of the Board of Trade] conceive this Method of proceeding would not have been justifiable for as much as the Act takes away the known Rights and Profits of Your Majestys Patent Officer never before disputed without giving him any equivalent in lieu thereof notwithstanding the upper House had once inserted a Clause for an Equivanlent and sent it down to the Assembly altho’ the same was afterwards rejected. And the said Lords Commissioners further Objected that there was no Suspending Clause inserted in this Act which ought to have been inserted in an Act of so Extraordinary a Nature.” Acts of the Privy Council, 3:741-742.