Page:The English Reports v1 1900.pdf/1141

several and respective heirs, executors, and administrators, and for their several and respective acts and deeds, do, and each and every of them doth covenant, promise, and agree, to and with the other and others of them, his and their executors and administrators, that they the said six clerks shall, from and after the first day of Michaelmas term next ensuing the date of these presents, execute such part of the business of the office of the said six clerks, as shall be the duty of the said six clerks to transact, in one common room in [550] some part of the buildings, lately erected in Lincoln's-Inn, in the county of Middlesex, and now commonly called or known by the name of The Six Clerks Office; and that for the more regular and effectual dispatch of the business of the said office, one or more of the said six clerks, as the business thereof shall require, shall daily attend in the said common room, in such manner as shall from time to time be agreed by the said six clerks, or the major part of them, in Common Hall assembled, by writing under their respective hands; and that every or any six clerk so attending shall and may not only enter and sign, in such manner as shall be so agreed upon, all such bills, answers, replications, proceedings, certificates, copies of proceedings, and other things, as shall belong to the execution of the business in his own particular division, but likewise shall and may so enter and sign all such bills, answers, replications, proceedings, certificates, copies of proceedings, and other things, as shall belong to the division of the others of the said six clerks who shall be absent, distinguishing in whose division the same shall be filed: and it is hereby further covenanted and agreed, by and between all the said parties to these presents, that all the profits and emoluments whatsoever of the several divisions in the said office (except the fees and profits which shall arise and become due to the said six clerks, in respect of the offices of Riding Clerk and Comptroller of the Hanaper, which offices have been anciently, and still continue to be executed by the said six clerks in rotation) shall, during so long a time as the said six clerks shall respectively continue six clerks as aforesaid, be equally divided among them the said six clerks, share and share alike and it is hereby further covenanted and agreed, by and between all the said parties to these presents, that they the said six clerks, or any or either of them, shall not nor will, at any time after the said first day of Michaelmas term next ensuing the date of these presents, compound or give credit to any person or persons whatsoever, for any fees or monies which shall become payable to them, or any of them, in respect of the several divisions of the said office of six clerks; but that the six clerk who shall from time to time attend in the said common room, shall, from time to time, take and receive all the fees and profits of all the said six several divisions in the said office, as the same shall become due, by his own proper hands, or by the hands of such person or persons as he the six clerk so attending shall from time to time appoint to receive the same; and that when and so often as any one of the said six clerks shall, by reason of sickness or other cause, be hindered or be unable to attend in the said common room, for dispatch of the business of the said office, according to the rotation which shall be so, as aforesaid, settled by the said six clerks, then and in every such case the six clerk who shall be absent shall pay to the six clerk who shall attend for him such sum or sums of money as the said six clerks, or the major part of them, in Common Hall assembled, shall, by writing under their hands, adjudge to be a proper compensation to the person who shall so attend, and dispatch [551] the business of such six clerk, who shall be so hindered or disabled from attending as aforesaid: and, lastly, the said six clerks for themselves severally and respectively do, and each of them doth covenant, promise, and agree to and with the other and others of them, that they and each of them shall and will use his and their utmost endeavour to obtain the consent of the Right Honourable the Master of the Rolls, that these presents, and all and every the agreements and regulations therein contained, may be binding and conclusive on them the six clerks, parties hereto, and their successors, six clerks of the King's Court of Chancery, and may be by the order and authority of the said Court of Chancery adjudged to be performed, according to the purport, true intent and meaning thereof; and that they and each of them shall and will, from time to time, and at all times hereafter, at the reasonable request of any other or others of them, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other acts, deeds, matters, and things