authority. And no under clerk fhall, during his clerkship, wear a sword within the cities of London and Westminster, or the liberties thereof; or be covered or wear his hat in the presence of any fworn clerk: but shall behave them felves orderly and foberly, and with refpect to all the fworn clerks and fuitors of the Court. And if any under clerks fhall be idle in the office, or out of their Mafter's feats, they shall upon the admonition or command of any fworn clerk, immediately repair to their Mafter's feats: and fhall quietly fit and mind their Mafter's bufinefs there, from feven of the clock in the morning in fummer, and eight in the winter, till twelve at noon: and from two in the afternoon, till fuch time as their refpective Masters fhall think fit. If any of them fhall be guilty of any of the aforesaid, or of any other abuses, disorders or indecencies in the office, they fhall be punished by [Ord. Ch. 193, expulfion, or otherwife, as the Lord Chancellor or 194.] Mafter of the Rolls fhall think fit.] [By a former order, the ferjeant at arms was to take them into cuftody, and commit them to Bridewell and for a fecond offence they were to be ex[Ord. Ch. 177.] pelled the office, and it extended to fervants and waiters.] [No fix clerk fhall take above two waiting clerks [Ord. Ch. 194, at a time; and none but fuch as hath been an articled clerk to a fworn clerk of the office.] 195.] [No fworn clerk fhall have more than one articled clerk at a time: nor fhall take a fecond, till the first be preferred in the office, or difcharged by the appointment of the Lord Keeper or Mafter of the Rolls. If he does, the fecond article is to be, ipfo facto, void, [Ord. Ch. 195.] and of none effect.] [No fworn clerk fhall carry any records out of the office, without leave of the Mafter of the Rolls; nor employ any person in copying records, but articled clerks; unless in cafe of fickness, or that the articled clerks refuse or neglect to do the fame; whereof [Ord Ch. 195.] complaint is immediately to be made.] [In cafe of a complaint of mifbehaviour of clerks, the meffenger attending the Court is commonly ordered [Ord. Ch. 191.] to give the parties notice to attend.] [Before patent rolls are brought over to the chapel from the fix clerks, with their warrants, the clerk of the petty-bag is to examine the extracts with the rolls, and and to fend the extracts into the Exchequer; and the rolls and warrants into the chapel, after three years from the time of the inrolment.] [The defendant bespoke of his clerk, a fubpoena for cofts for want of a bill, who inftead thereof made a fubpoena ad refpondendum, for want of an answer; whereupon the first plaintiff was intituled to cofts for the irregularity. The Court ordered, that neither party fhould have procefs for cofts: but that the first defendant might take a fubpoena against the clerk, for the forty fhillings cofts which he fhould have had of the plaintiff.] Under the order 18 June 1668 the fix clerks are 3 entitled to receive their proportion of the fee from the fworn clerk, though he may have given credit to the client. [Ord. Ch. 64. 157. 170.] [Ca. Rep. 111.] Vez. jun. 589. CLERK OF THE SUBPOENA-OFFICE. HE E alone is to make out fubpœna's ad refpondendum; writs of duces tecum; writs to examine witneffes, in perpetuam rei memoriam; or writs to fhew cause on orders.] CLERK OF THE HAMPER. [THE clerk of the hamper, or hanaper, is fometimes called warden of the hamper.] [His office is to receive all monies due to the Queen for the feals of charters, patents, commiffions and writs, and fines due upon writs; as alfo the fees due to the officers for inrolling and examining the fame.] [He is obliged to attend the Lord Keeper every day in term time and at all other times when the feal is open, having with him leathern bags (but probably hampers in old time) wherein are put all writs, &c. after [Ord. Ch. 70.] after they are fealed with the great feal: which bags being fealed up by the Lord Keeper, with his private feal; are by this officer delivered to the comptroller of the hamper, to be difpofed of by him as belongs to his office.] THE SIX CLERKS OF THE ROLLS CAR RE appointed by the Master of the Rolls, under him to take care of the records and rolls kept there.] Hind. 247. COMMISSION AND COM MISSIONERS. [COMMISSIONS are of divers forts, and are directed fometimes to the fheriff, or other officer or minifter of the Court; fometimes to other perfons; for the doing fomewhat neceffary for the carrying on the proceedings in a caufe, or to the determination thereof; or for the perfecting of, or inforcing obedience to an order or decree of the Court; or by reason of fome contempt.] As, A Commiffion to affign a Guardian. [WHICH is granted where there is fome incapa city in a defendant to anfwer or defend his fuit himself; and is obtained by order on motion] ex parte, and the order is not ferved. [THE If for an Infant. HE commiffioner directs, that the commiffioners him fuch guardian as he shall choose, to answer and · to certify and return his name and the writ, &c.] [If it is apprehended, that it is defigned the infant Member of parwill choose a perfon privileged from fuit, as a member liament. of parliament, &c. The Court on fhewing this, will order that the perfon affigned be not a privileged perfon; and the commiffion must be with a provifo for that purpofe.] To affign an Infant a Guardian, and take bis Anfwer, &c. [Cl. Tot. 233.] [SOMETIMES the commiffion is to affign a guar- Oath of guar dian for an infant, and to take the infant's dian. anfwer by his guardian, upon the oath of the guardian.] [And the commiffion is fometimes to take the anfwer of another defendant at the fame time.] To affign a Guardian for one of non-fane [THIS is obtained as the other; and may be to How obtained. anfwer, or plead, or both; or to anfwer, plead and demur; but not to demur only, for a demurrer may be put in without oath.] [The commiffion recites, the Court is informed, Recital in the that, by reafon of the party's age, he is of unfound commiffion. memory, and commands, that if he is not well able to travel, they go to him; and by all ways and means [1 Px. Alm. 86. by which they may be better informed of his condi- 162. 175.1 tion, they carefully infpect and examine; and if he be Hind. 251. be of unfound memory, affign him a guardian, & And when they fhall have fo done, to certify the guardian's name, and inform the Court of all the facts, and of their proceedings in the premifes.] The diftinction between town and country caufe feems not to affect this commiffion, it may be executed any where. How granted formerly. [Wefi. P. 33.] Now. To take an Answer; or an Answer, Plea, and Demurrer. [T [But fince bufinefs increased, it became a thing of [Ord.Chan.64.] courfe; and, if a defendant live twenty miles from London, he has of courfe a dedimus poteftatem to take his anfwer.] Tenor of the bill. [Heretofore, the tenor of the bill was inclofed in or annexed to the dedimus; that the commiffioners might (as the commiffion directed) examine the defendant thereon, and take his anfwer to it.] [And therefore the plaintiff's commiffioners might refuse to join in the execution of the commiffion, except they might read (or hear read at leaft) the anfwer in the defendant's prefence; this inftitution was ufeful and good; but as the best things are often corrupted, fo it happened with this.For fuits in equity increafing, commiffioners of lefs quality, and often of no great probity, were made ufe of; the plaintiff's commiffioners were willing to have as little trouble as might be for their fees; the defendant's folicitors got paper copies of the bill, and were willing to ferve themselves by drawing the anfwer, and their clients too, by drawing it as artful and advantageous for them as their wit or fkill, affifted by a counfel, could devife: fo that at length it came to pass, the commiffioners had nothing to do at their meeting, but afk the defendant, it he had read, or heard read, his anfwer |