1 S.D. 31 | S.D. | 1890
This cause was submitted to the court below upon the following agreed statement of facts: That Leonard
The agreed statement of facts on which the case was submitted shows that Leonard Gordon, as judge of the probate court of Lawrence county, had no clerk during the quarter for which he claims of the county $225, but that he performed all the clerical work of the office himself. This being the case, was he entitled to recover from tile county this sum of money? The answer involves the proper construction of the first section of “An act to provide clerk hire for probate courts,” enacted by the legislative assembly of the Territory of Dakota, approved March 7, 1889, which is as follows; being Chapter 97, Sess. Laws 1889: “Section 1. Cleric Hire. There shall be allowed and paid to the judges of the probate courts, in all counties having a population of twenty thousand inhabitants, the sum of six hundred dollars per annum,and in all counties having a greater population than twenty thousand inhabitants an additional sum
This contention we think unfounded. The clerk provided for in the act of March 8, 1889, is an officer of the probate court, and by the provisions of that act clothed with the same power as a clerk of the district court, as far as applicable. That is, he may appoint a deputy; keep the seal of the court; certify and authenticate records and proceedings; in the absence of the judge, may adjourn court. In fact, his duties and powers are similar to a clerk of the district court, limited to the applica