Page:The English Reports v1 1900.pdf/1138

This page has been proofread, but needs to be validated.
II BROWN.
HILL v. SEWELL [1791]

Lord Chancellor, Lord Keeper, or Master of the Rolls, for the time being only and that out of the fees payable by the clients, the said under clerks respectively, to be sworn and admitted as aforesaid, should receive, retain, and keep, to their own use respectively, the several fees and allowances thereafter mentioned, and should be accountable to the six clerks respectively for any business to be dispatched in the said office, after the rates and proportions only thereinafter set down, and not otherwise; among which fees to be accounted to the six clerks was 4d. per sheet of all copies of bills, answers, pleas, demurrers, depositions, and other records; and it was by the said order further ordered, ordained, and decreed, that if any of the said under clerks for the time being, after his or their receipt of any of the fees and sums of money aforesaid, or after his or their delivery out to his clients, or any on his behalf, any writs, commissions, exemplifications, or other process, or any copies of bills, answers, or other pleadings, made, written, or dispatched, in the said office, should not duly account for, and pay what belonged to every six clerk, to whom he was accountable and ought to pay for the same, according to the rates and proportions aforesaid, without any wilful delay or concealment, every under clerk so offending, upon complaint and proof thereof made before the Right Honourable the Lord Chancellor, Lord Keeper, or Master of the Rolls, should, over and besides such remedy as the six clerks have legally for the same, undergo such punishment as the said Lord Chancellor, Lord Keeper, or Master of the Rolls, for the time being, should judge meet to stand with justice and the nature of his demerit. And it was therefore also ordained and decreed, that no commission, writ, or process, nor any copies of any records, should be delivered out of the said office to any client, until the same should be first signed by the six clerk, to whom the same [546] did properly belong, or by his deputy, or, in his or their absence, by some other of the six clerks not towards the cause; and it was also ordered and decreed, that all commissions whereby any depositions were taken and returned, which belonged to the six clerks to receive, should be delivered to the six clerk to whom the same did properly belong, or his deputy, to be safely kept till publication should be duly passed, and not to be from thenceforth in anywise kept back or broken open by any of the under clerks, or other person, till publication thereof should be passed as aforesaid; for which end and purpose each six clerk was thereby enjoined to have one or more deputy or deputies to be constantly attendant in his said office in the absence of the said six clerks, for signing of writs, copies, and receiving commissions. And it was also ordered and decreed, that all bills, answers, and other proceedings, relating to any cause commenced in that court since the 1st day of Michaelmas term then last, and then remaining unfiled, should be filed with such six clerk to whom the same should properly belong; and that the under clerks respectively, according to the proportions before mentioned, should duly satisfy and pay the six clerks respectively the fees due for the same as aforesaid, in case such under clerks respectively had received all the fees for the same of their clients respectively, and if not, then they should give unto the six clerks respectively a note in writing under their hands, of the name or names, place or places of abode, of such client or clients, who were in arrear for any fees due to them, and the quantum of such fees, to the end the six clerks respectively might take such course for the recovery thereof as they should be advised; and that for so much of such fees the said under clerks should be discharged and acquitted for every further demand from them concerning the same.

By another ordinance, made by the then Lord Chancellor and Master of the Rolls, dated the 20th of March 1688, after taking notice of certain grievances occasioned by the practice of the six clerks, it was ordained and decreed, that no sworn clerk should be admitted by the Master of the Rolls, but such as his Honour in his judgment should think fully qualified, the nomination of the six clerks being only for his Honour's information, and the presence of the six clerk at the admittance of the under clerk being only that such six clerk might take notice that such under clerk was so admitted and it was further ordered, that from thenceforth none should be permitted to sit or write, or dispatch any business as a clerk in the said office of six clerks, or have access to or copy the records thereof, but only the six clerks and sworn under clerks, and their clerks or servants respectively; and that no six clerk of the said court should, on the peril of his place, deliver any bill, answer, or pleading

1122