Also known as: notary · clerk
Written by attorneys · grounded in primary & secondary sources — see below
An official in Roman law who served as a notary or clerk. The role encompassed shorthand writing during proceedings and custody of public records.
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After serving as an actuarius to a Roman magistrate, Alexis Archer joined a household and sought to represent a party in a matter the magistrate had decided. The magistrate disqualified her because she had participated personally and substantially in the matter while acting as the magistrate's clerk.
Apollo Energy removed a state contract action to a Roman tribunal. Thirty-five days later the plaintiff moved to remand on procedural grounds. The tribunal denied the motion as untimely because the actuarius had already entered the removal on the docket and the thirty-day window had closed.
Alfred Ashford signed his will in the presence of an actuarius authorized to take acknowledgments. The notary recorded the testator's acknowledgment on the document, satisfying the statutory requirement for a valid attested will.
Aurora Biotech offered a contract bearing a certificate of acknowledgment executed by an actuarius. The court admitted the document into evidence without further proof of authenticity under the rule for notarized instruments.
Aaron Adams planned to raise an insanity defense but failed to notify the government within the pretrial-motion deadline. The actuarius had docketed the case without any notice filing, so the court barred the defense at trial.
Anita Ali and Andrew Avery completed a marriage application and appeared before the county actuarius with the required fee and proof of age. The clerk issued the license and certificate form as mandated by the uniform act.
An actuarius recorded proceedings through shorthand and maintained custody of public records. The role combined clerical duties with notarial authentication of documents.
Supporting sources
Modern court clerks perform analogous record-keeping and docketing functions.
A lawyer who served as an actuarius to a judge may not later represent a party in a matter in which the lawyer participated personally and substantially unless all parties give informed written consent.
…but believed Marbury's and Hooe's commissions were made out and Ramsay's was not; he prepared the list of names by which the clerk filled up commissions and believed Ramsay's name was omitted by mistake. He believed none of the commissions for justices of the peace signed by Mr. Adams were recorded; after being…