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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

1.

The title of a class of judicial officers, having generally original criminal jurisdiction within a locality, together with statutory authority over various special proceedings. A recorder is so called, as Stephen explains, because to recite or testify on recollection what had previously passed in court was the duty of the judges and other principal persons who presided at the placitum, and thence in Norman phrase they were called recordeurs. The duties and powers of any judge of this class vary with the statute. In England, especially, a recorder is the principal legal officer of a city or borough. He is often a barrister or other person learned in the law, whom the mayor or other magistrate of any city or corporate town (having a jurisdiction, or a court of record within his precincts) does by the king's grant associate to him, for his better direction in the judicial proceedings of such court. Cowel. Thus the recorder of the city of London is practically the judge in the lord mayor's court of the city, although in theory the lord mayor and aldermen are the judges therein. He is appointed by the lord mayor and aldermen. Besides being judge of the lord mayor's court, he is one of the commissioners of the central criminal court. In some other cities and boroughs a recorder is appointed by the crown, under section 103 of the municipal corporations act (Stat. 5 & 6 Wm. IV. ch. 76, § 103), and is usually the judge of the court of quarter sessions, and of the borough court of record.

See Brown; Mozley §• W. 2.

A person, generally a public officer, charged with making and keeping official written memorials and transcripts of transactions; a register.

Recordari facias loquelam

That of a writ to remove a replevin suit from an English county court to one of the superior courts, commanding the sheriff to cause the plaint to be recorded, and to have the record before the superior court. The name of the writ was adopted from this phrase.