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91 Mass. 488

Commonwealth v. Connell

Massachusetts Supreme Judicial Court

Decided November 15, 1864

Massachusetts Supreme Judicial Court · decided 1864-11-15

<p>The atteu ation of papers from a police court by one who assumes to act as clerk pro tern pore and usee the seal of said court, is prima Jacte sufficient.</p>

Decided 1864-11-15

Dewey, J.

¶1This motion in arrest of judgment must be overruled. The attestation of the papers by “ James B. Stacy, clerk pro tem.” is prima facie sufficient, without adding to his signature the cause of his appointment as clerk pro tempore. The statute has provided for such appointment “ in case of the absence, death or removal ” of the clerk, but the cause need not be stated on the various papers which the clerk pro tempore is required to attest. In the absence of evidence to the contrary, the party thus certifying is to be taken to have been appointed for sufficient cause. Motion overruled.

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