These are duties which the court has the undoubted right to have performed by some other person than the presiding judge. " In these cases the clerk acts rather as a person appointed to assist the court in exercising its functions. like a master or examiner in an equity cause. or tin assessor in admiralty. or an auditor in a suit at law. It is the universal practice of all courts of large jurisdiction to appoint special officers at the expense of the parties. to make inquiries. investigate details. examine papers. take accounts. make computations. and to perform ministerial acts. Their reports when returned Into court anl accepted become part of the case. and form the basis of the orders and decrees of the court in the cause. " It was with this view. to regulatq the practice in naturalization cases and define the duties required of.the clerk. that Judge Sprague in 1855 adopted the following rules. which have ever since been in force: " Ordered. by the court. that applications by aliens to be admitted to become citizens of the United States shall be presented to the court while in session. and that proof of the facts whereof the court is required by law to be satisfied shall be made by at least two credible and disinterested witnesses. who are citizens of the United States. to be produced and examined In open court. "Ordered. that before such applications are presented. all necessary papers shall be filed with the clerk. who chall report to the court when tile application is made. and that lie has examined the same. and whether they are all in due form and in conformity with the requirements of law or how otherwise." This fact. as to these rules made in 1855. was not made a part of the agreed statement of facts. but the counsel in the cause. in this court. stipalated in open court that the facts should be taken as agreed. The opinion of the court then proceeds : " It is for services endared under these rles. and as a special officer of the court. and not as clerk. that these feeshave been permitted. They were not duties pertaining to the office of clerk.
Keywords matched
naturalization