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[County Clerks duties and responsibilities!]
Revised Statutes of The United States, Ist session, 43 Congress 1873-1874.
CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Destroying, &c., public records.)
SEC. 5403. Ever Title LXX.---y person who willfully destroys or attempts to destroy, or, with intent to steal or destroy, takes and carries away any record, paper, or proceeding of a court of justice, filled or deposited with any clerk or officer of such court, or any paper, or document, or record filed or deposited in any public office, or with any judicial or public officer, shall, without reference to the value of the record, paper, document, or proceeding so taken, pay a fine of not more than two thousand dollars, or suffer imprisonment, at hard labor, not more than three years, or both: [See § § 5408,5411,5412.1
Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Conspiracy to defeat enforcement of the laws.)
SEC. 5407. If two or more persons in any State or Territory conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. See §§ 1977-1991, 2004,2010, 5506-5510.1
Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Destroying record by officer in charge.)
SEC. 5408. Every officer, having the custody of any record, document, paper, or proceeding specified in section fifty-four hundred and three, who fraudulently takes away, or withdraws, or destroys any such record, document, paper, or proceeding filed in his office or deposited with him or in his custody, shall pay a fine of not more than two thousand dollars, or suffer imprisonment at hard labor not more than three years, or both-, and shall, moreover, forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States.
Clerk's Lawful Duties per 12 Tex Jur 3d Section 11, Section 13, Section 33, Section 36, Section 37, Section 39.
* Pursuant to your 12 Tex Jur 3d at Section 11 "In addition, a clerk may not discriminate between litigants, "
* Pursuant to your 12 Tex Jur 3d at Section 13 "It is the duty of the clerk to file all papers tendered for filing and to docket all motions. The judge of the court has no control over the clerk in respect to such duties,"
* Pursuant to your 12 Tex Jur 3d at Section 33 "A clerk of court is strictly bound to the performance of the duties imposed on him by law. Failure to perform his duties renders him and the sureties on his bond liable to the one suffering loss from his failure, to the extent of the loss."
* Pursuant to your 12 Tex Jur 3d at Section 33 "A clerk of a district or county court who neglects or refuses to perform any duty required of the clerk under the statutory provisions regarding practice before such courts is liable for damages in an action by the injured person."
* Pursuant to your 12 Tex Jur 3d at Section 36 "The clerk must record without delay instruments filed with him. His failure to do so is negligence and one sustaining damage as a consequence thereof has a right of action for the breach of duty."
* Pursuant to your 12 Tex Jur 3d at Section 37 "A clerk of court may be liable to indictment and punishment for neglecting to discharge the duties imposed on him by law. A clerk, as a public servant, may be guilty of such offenses as soliciting or accepting a bribe, tampering with a governmental record, or official misconduct,"
* Pursuant to your 12 Tex Jur 3d at Section 39 "The surety on the bond given by a clerk before entering the duties of office may be liable on the default of the clerk. Misconduct of a clerk's deputies may also render the clerk's surety liable within the terms of an official bond."
TRCP 815 SUBSTANTIVE RIGHTS UNAFFECTED: These rules shall not be construed to enlarge or diminish any substantive rights or obligations of any parties to any civil action.
McLendon v. McLendon, 847 S.W.2d 601, 608 (Tex App.-Dallas 1992, writ denied). "[T]he supreme court's rulemaking power may not [adopt rules that] 'abridge, enlarge, or modify the substantive rights of a litigant.' "
Texas Rules of Civil Procedure 24: DUTY OF CLERK
When a petition is filed with the clerk he shall indorse thereon the file number, the day on which it was filed and the time of filing, and sign his name officially thereto.
Biffle v. Morton Rubber Indus., Inc., 785 S.W.2d 143, 144 (Tex.1990).
"An instrument is deemed in law filed at the time it is delivered to the clerk, regardless of whether the instrument is filemarked."
JAMES v. KENTUCKY, 466 US 341, 80 LED 2d 346, 104 SCt. 1830 (1984)
The supreme court held that State statutes did not take precedent over constitutional law.
The Texas Statutes Property Code
TITLE 3. PUBLIC RECORDS
CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PUBLIC RECORDS
§ 11.004. Duty of Recorder
(a) A county clerk shall:
(1) correctly record, as required by law, within a reasonable time after delivery, any instrument authorized or required to be recorded in that clerk's office that is proved, acknowledged, or sworn to according to law;
(2) give a receipt, as required by law, for an instrument delivered for recording;
(3) record instruments relating to the same property in the order the instruments are filed; and
(4) provide and keep in the clerk's office the indexes required by law.
(b) A county clerk who violates a provision of this section and the sureties on the clerk's bond are liable for damages and, on motion in district court and after three days' notice to the clerk, for a civil penalty of not more than $500, half of which is payable to the county and half to the person who files the motion.
Acts 1983, 68th Leg., p. 3487, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 162, § 1, eff. Sept. 1, 1989.
18 USC 2071
TITLE 18 - PART I - CHAPTER 101 Sec. 2071.
Sec. 2071. - Concealment, removal, or mutilation generally
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term ''office'' does not include the office held by any person as a retired officer of the Armed Forces of the United States
Test!!! The only question on that test is: Who and where?
Question!!! Where is the one supreme Court location and who are the 12 Justices?
The District Attorney has no Venue or Jurisdiction in the several counties of Texas.
That's what I am trying to get you to understand. The State of Texas is foreign venue to the county as the United States is foreign to the states.
The people's one supreme Court is the county Court of record the highest Court in the Land. Once it rules the United States Supreme Courts, Federal or State can not question the ruling; read the 7th amendment.
The State and federal Courts are inferior tribunals to We the People's one supreme Court.
The one supreme Court exist wherever the People convene it!
By the law of the Land and the Texas Constitution, the People have agreed to convene it at the county seat and the county judge is elect by the people as the administrator of their one supreme Court of Record. He makes no judicial ruling. He is only there to keep the Court open and see that it is run orderly and enforce the judgments of the Court of the People. When the jury is called and has been sworn from among the People they are the twelve justices sitting as the one supreme Court of Record for the People of that county.
