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For the Counties of
Who executed by.
Who executed by:
Mr. E.Hull. Ex- Cumberland
cuted by himself, Newcastle
Lincoln and Mr. Sibthorpe. executed by Mr.
Executed by Mr. Evans.
Mr. Batten. Exe-
N. B. Filacer for the counties palatine of Chester, Lancaster, and Durham, Mr. Roberts. Executed by Mr. Evans.
New role refreeling the filacers.
The filacers formerly living at a great distance from the inns of court, which was thought very inconvenient for the practifers thereof, the court therefore thoughe proper to make the following rule in Hilary Term 1783: “Whereas it would be
very convenient to the suitors of this court, if " the several offices of the filacers were executed in “ one place; and the filacers having made a pro“ posal to this court for that purpose; and that " the ground chamber at No. 4, in Hare Court, in " the Timple, will be a fit and convenient place for " the fame; It is ordered by this court, that the “ feveral offices of the filacers shall, from and after " the first day of the next ensuing Easter Term, be " executed in the above-mentioned chamber, and " that if hereafter it shall be found neceflary or “ proper to appoint another place for the execution “ of the faid ofices, instead of the above-men
" tioned chamber, this court, on application, will * take the same into consideration.
“ By the Court."
By rule M. 14 Jac. I. 1616. All manner of capias, What wri's are alias and pluries, and all other incident process, be- made out by the fore appearance of the defendant, in all actions wherein process of outlawry doch lie (until the exigent awarded), are to be made out by the filacers of this court only: also, all grand capes, pone and diftringas, as well peremptory as infinite, and also incident process, before appearance of the tenant or defendant, writs of seifin, and writs to enquire of damages issuing before appearance of the tenant or defendant (but all judgments upon writs of enquiry of damages are to be entered with the prothonotary only): also all writs of super sedeas upon any copias awarded out of their own offices, and writs of rescous upon the Theriff's return: also the entering of all comparance of writs issuing out of their own offices, the entering of rolls to compel the defendants to appear, their bails upon appearance, and marking the first fcire facias upon the said bail: allo view in dower, or any other action where it lieth entering thereof, and writs of view thereupon; also all writs of retorn. habend. upon nonsuit before appearance, writs of second deliverance before appear ance, writs of capias in withernam, alias and pluries; likewise before appearance, &c. Ibid.
They take special bail in common cafes, R. Trin. Teke special bail 1W. & M. reg. 2.; appearances are to be entered in common cases. with them, R. E. 24 Car, 2. reg. 2.; procure the original to be sued forth and filed on process to Outlawry, R. Trin. 1649; take affidavits of debis, in order to hold to bail, affidavits of the service of process, file bills brought against persons intitled to privilege of parliament, and make out the subsequent process thereon before appearance.
The clerk of the warran's, inrolments, and el- Clerk of the treats is Keane Fitzgerald, Esquire, who is admitted wasrasts. into the said office by the lord chief justice of this
court; his deputy Mr. Richard Lee, No. 3, Pump Court; he files all warrants of attorney upon judgments, isues, outlawries, writs of covenani, stamps all judgment papers, records, pluries capias, in outlawry, and writs of covenant ; also files the warrants of attorney of sheriffs for the different counties in
England, and attornies certificates. Clerk of the The clerk of the elcigns is in the appointment of ciloigns,
the lord chief justice, and has usually been granted for life. The present clerk is N. Smith, Elg; and is executed by Mr. Bolton, and effoigns are entered in this office in real actions only; for it is now determined that no ejoign lies in personal actions : and in case the defendant doth not effoign by the time limited by the rules of the court in real actions, the plaintiff may enter in this office a ne recipiatur soign.
In this office all judgments in this court are docqueted, pursuant to the Stat. 465W.&M. 6. 20. and rolls belonging to the several offices of the said court are marked, numbered, and delivered out to the prothonotaries; and when the proper entries are made thereon, they are returned into this office, and carried by him to the treasury at
Weftininfler. Clerk of the The office of clerk of the juries is in the gift and juries.
nomination of the custos brevium for the time being, The present clerk is Mr. Thomas Bever; Mr. Jefferie is his deputy.
His duty is to make out writs of habeas corpora juratorum, for the trial of issues in London and
Middlesex, and for the aflizes in the country. Return office. The return office and office of inrolment of writs
for fines and recoveries, is in the nomination of the three puisne judges by virtue of an act of parliament made in the twenty-third year of queen Elizabeth. Mr. Henry Barnes is clerk of the inrolments, and
the office is executed by Mr. Lickbarrow. Return of writs Mr. Lickbarrow returns all writs of covenant, ef covenant, &c.
entry, summons, and seilin, in the names of the Theriffs of the feveral counties and cities in England,
and makes regular entries in books, provided at his own charge for that purpose.
The clerk of the king's filver is William Dawes, Clerk of the Esquire, who claims it to be his duty to inspect king's filver, and see that all fines passed in his office have regularly passed through the several offices, conformable to the usage of the court; to enter the whole of all fines, together with the poft fine paid thereon, into books wbich remain in the office as records : he is also to stop all such fines, against the palling of which caveats are entered, and file such caveats with all rules of court, judges orders, and affidavits of the cognisors, being alive, where captions have been brought to this office.
All caveats, and orders for stopping any fines, Caveats for ftop. shall be renewed every term, and copies thereof left ping of fines, with the clerk of the king's filver, for which he is to demand only his ancient fee of 35. 4d. the term; and in default thereof all caveats that Thall not be so renewed, ball lose their force and effect. R. E. 29 Car. 2.
Where a razure in the day or year shall appear in Erazure. the caption of a fine, it shall not pass this office without an allocatur from a judge. R. E. 9 Ann. ,
The office of chirographer is held by letters pa- Chirographer, tent from the crown, and Sir George Colebrock, Bart. is the present patentee, under whom James Garth, Esq; is appointed secondary to officiate in the said office. There is a register and record keeper belonging to the said office, and the chirographer appoints certain clerks for the several counties in England.
The chirographer draws up and makes out, Chirographer's
The office of exigenter is executed by Mr. James Exigenter,
Clerk of the outlawries.
on pluries capias, in order to proceed to outlawry: also an allocatur exigent.
The office of clerk of the superfedeas to the exigent is executed by Mr. Meadowcroft. It is his business to sign all writs of supersedeas to exigents quia improvide, &c. in the said court, to prevent a person being outlawed or waived, against whom an exigent has illued.
The office of the clerk of the outlawries is incident to the office of his majesty's attorney general, and always executed by some person appointed by him for the time being: the present clerk of the attorney general has it, and his duty is to make out all writs of capias utlagatum, sequestrations of all ecclefiafical benefices in all personal actions in the said court after the return of the exigent. Inquisitions taken on special writs of capias utlagatum are transmitted into this office, and are here exemplified upon rolls signed by the clerk of the outlawries, and then carried into the office of the king's rememe brancer of the court of Exchiquer, and there filed on record, and the inquisitions themselves, and writs of exigent, are filed with the custos brevium.
The most noble Auguftus Henry Duke of Grafton is feised in fee tail of this office, and claimeth the receipt of the revenue arising from the sealing of writs, exemplifications, and other things whatsoever fealed with the seal of this court. Mr. Samuel Rogers is his Grace's deputy. Sealer Mr. S.
Clerk of the
The clerk of the errors has the allowance and receipt of all writs of error upon judgments in this court; gives certificates thereof; makes out wrics of supersedeas; enters bail taken thereon; makes out writs of faire facias against the bail; gives rules for bail; rules for plaintiff in error to certify the record ; makes transcripts of the records and judge ments; transmits the same into the court of King's Bench, &c.; figns non-proffes for not certifying the record; allows and returns all certioraries directed