receipt and custody of the fuitors money or effects, but only keeps the account with the bank; the governor and company of which are answerable for all money received by them, and not the accountant general. He holds his office fubject to the further regulation, and during the pleasure of the court, which is generally for life. Forging the name of the accountant-general to any certificate, in order to the receiving any of the fuitors money, is by the ftatute made felony. The office is in Chancery-lane.

SIX CLERKS. Thefe officers are of ancient establishment, and they were heretofore fpiritual perfons, and they have been fpecially affigned, amongst other officers, to attend at the king's coronation. They are principally concerned in matters of equity; and tranfact and file all proceedings by bill and answer; and alfo iffue fome patents that pafs the great feal, as pardons of men for chance medley, patents for embaladors, fheriffs' patents, and fome others; all which matters are transacted by their under clerks, or others by them appointed. They likewife fign all office copies in order to be read in court, and alfo certificates, and attend the court in term, by two at a time, at Westminster, to read the pleadings The bufinefs of the office is done by their under clerks, each of whom has a feat in the office, and whereof every fix clerk has a certain number, ufually about ten, befides two waiting clerks in each division, who are all accountable to their respective fix clerks for the bufinefs they tranfact. At this day they employ deputies in their abfence (ufually a fworn clerk, or a waiting clerk of their own divifion) to file the proceedings, and fign office copies and certificates.

SWORN AND WAITING CLERKS. In order to be qualified for clerks in court, a perfon must be articled to a fworn clerk, and serve him five years in the fix clerks office, and at the expiration of their clerkships, they are to be examined by the mafter of the rolls, and, if approved of, they are admitted and fworn before him, to the faithful execution of their office, which conftitutes them fworn clerks. All fuitors in the court mult employ one of the fworn, or one of the waiting clerks, to act as clerk in court. They make out all writs both special and common, and all procefs (except fubpoenas) in all caufes, depending on the equity fide, wherein they are refpectively employed. They claim a right to, and, as occafion requires, have, the cuftody of all records relating to caufes there, of which they make copies for their clients. They alfo ingrofs bills, anfwers, &c. (if not done by their clients or folicitors), attend the court and masters in chaucery as occafion requires, draw and enroll the decrees of the court, make copies of all depofitions taken VOL. II.

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by commiffion in the country, &c.; and they attend, by themfelves or agents, not only in term time, but alfo in the vacation.

REGISTER. The register holds his place by letters patent, and has several deputies under him, who fit in court by turns, to take notes of all orders and decrees, in pursuance of which they draw up the orders, which are alfo entered in the office: having been first duly paffed by a deputy regifter. The office of regifter alfo embraces fome other duties. The bufinefs is tranfacted under the fame roof with the fix clerks. Office in Chancery-lane.

MASTER OF THE SUBPOENA OFFICE. In this office are made out all writs of fubpoena, both fpecial and common. The office is granted by letters patent: and the bufiness is transacted by deputies. It is in Chancery-lane.

REGISTER OF AFFIDAVITS. This officer files, regifters, and makes copies of affidavits, which copies are figned by himself or his deputy; and no counfel, clerk, &c. can give any affidavit in evidence that is not filed and registered in the affidavit office. It is granted by letters patent, and fituate in Southamptonbuildings, Chancery-lane.

EXAMINERS. There are two examiners, who have under them feveral deputies, and copying clerks: they, by themselves or deputies, examine witnefies produced on either fide (being first fworn by a master on interrogatories), take their depofitions, and make out copies of them, and of the interrogatories, where not by commiffion in the country. And all depofitions are to be kept private in the office till publication is paffed. The examiners' office is in Roll's-yard, Chancery-lane.

CURSITORS. These officers are of a very ancient inftitution; they are in number twenty-four, and were incorporated by queen Elizabeth. They make out all original writs in chancery, returnable in the common pleas, &c., and amongst these the bufincfs of the feveral counties is feverally diftributed. Their office is in Chancery-lane.

PETTY BAG. The principal clerks of the petty bag are three in number, (of whom the master of the rolls is chief,) and have feveral clerks under them. They tranfact a great variety of bufinefs, which requires knowledge and experience in the practice of the law; and have the making out of writs of fummons to parliament; and commiffions directed to commiflioners of every fhire for aflefling fubfidies and taxes, Conges d'élire for bifhops, patents of cuftomers, gaugers, controllers, and alnegers, liberates upon extent of ftatute ftaples, and recovery of recognizances forfeited, and all elegits upon them. All offices found poft mortem are brought to the petty bag office to be filed. Here are entered all pleadings in chancery concern

ing the validity of any patent, or other thing which paffes the great feal; which pleadings are according to the courfe of the common law. And if any queftion arife about the acknowledgment of any deed before the lord chancellor, or any other officer of the court, it is to be here profecuted; and all ftatutes and recognizances taken before any officers of the court to that purpofe deputed, are tranfmitted hither. Alfo all fuits for or against any privileged perfon in the court, are brought and proceeded on only in this office. There are alfo various other duties. The petty bag office is in the Roll's-yard, in Chancery-lane.

CLERK OF THE CROWN. The clerk of the crown in chancery is, by himself or deputy, continually to attend the lord chancellor or lord keeper; to write and prepare for the great feal of England fpecial matters of ftate, by commiffion, or the like, either immediately from his majesty, or by order of his council, as well ordinary as extraordinary, as commiflions of lieutenancy, of juftices itinerant, and of affize of oyer and terminer, of gaol delivery, and of the peace, with their writs of affociation. Alfo, all general pardons. He fits in the lords' house in parliament time; and into his office, the writs of parliament, made by the clerks of the petty bag, with the names of the knights and burgeffes elected thereupon, are returned He has alfo the making of all special pardons and writs of execution upon bonds of statute staple forfeited. This office is alfo in the Rolls-yard.

and filed

CLERK OF THE HANAPER. The function of this ancient officer is to receive all the monies due to the king, for the seals of charters, patents, commiffions, and writs; as alfo fees due to the officers for enrolling and examining them. He is obliged to attend the lord chancellor daily in the term, and at all times of fealing, having with him a leather bag, wherein are put all charters, &c. after they are fealed, which bags being 'clofed with the lord chancellor's private feal, are delivered to the controller of the hanaper.

Befide thefe, there are many officers belonging to this court, whofe duties are defignated by their names; as the clerk of enrolling letters patent; the clerk of the faculties for difpenfations, licences, &c.; clerk of the prefentations for benefices of the crown in the chancellor's gift; clerk of appeals, on appeals from the courts of the archbishop to the court of chancery; and there are others who are conftituted by the chancellor's commiffion or letter, and attend him for particular purposes, and onʼparticular occafions; fuch as the fealer of writs, &c. Others are conftituted by patent from the king; as the clerks for writing licences of alienation,

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ation, writs of licences of protection, and many others of like nature; and fome are ordained by parliament to be nominated and conftituted by the king's letters patent; fuch as the writer and enroller of confirmations of all licences and difpenfations, as fhall be brought into chancery under the archbishop of Canterbury's feal, &c.

The following officers are in immediate attendance on the perfon of the chancellor; his principal fecretary, purse-bearer, deputy purfe-bearer, fecretary of bankrupts, deputy-fecretary, clerks, fecretary of the prefentations, fecretary of the commif fions of the peace, fecretary of lunatics, receiver of the fines, fecretary of the decrees and injunctions, fecretary of the briefs, ufher of the court, deputy-ferjeant at arms, deputy meffenger or purfuivant, deputy gentlemen of the chamber, ufher of the hall, clerk of the court, court-keeper, tipstaff, and running porter.

BANKRUPTS. The jurifdiction of the court of chancery im matters of bankruptcy is not fpecified in this place; it will be noticed in another divifion of the work.

In thefe four laft mentioned courts, of common pleas, king's bench, exchequer, and chancery, the bufinefs is tranfacted, except as to the verbal statement of the merits to the court itfelf, by attorneys or folicitors, and the pleading or statement of the caufe is confided to advocates, who are either barrifters or ferjeants at law.

ATTORNEYS OR SOLICITORS. An attorney is one who is appointed to do any thing in the turn, ftead, or place of another. In chancery and in the exchequer, those who do the business of attorneys are termed folicitors. No person can act as an attorney or folicitor, unlefs he fhall have been bound for five years. The articles are on a ftamp of 100l. and every perfon articled to ferve as a clerk to any attorney or folicitor, muft within three months caufe an affidavit to be made of the actual execution of the contract which is to be filed in the court where the attorney or folicitor is enrolled. The clerk muft, during the whole time fpecified in the articles, be actually employed by his mafter or his agent, in the bufinefs of an attorney or folicitor; and before he is admitted, muft caufe an affidavit of himself, or of the attorney or folicitor to whone he was bound, to be made and filed like the other, that he has actually and really ferved and been fo employed. One of the judges in the courts of law, and the master of the rolls, or two masters in chancery, and a judge of the other courts of equity refpectively, are directed to examine any perfen touching his fitnefs and capacity to be an attorney or folici

tor: if approved of, he is fworn in open court, to demean himself honeftly in his practice; and he alfo takes the oaths of allegiance, fupremacy, and abjuration.

PRIVILEGE. The chief privilege of an attorney is, that he cannot be arrested on any process for the purpose of being held to bail; this indulgence is granted on a fuppofition that he muit always be prefent in court, tranfacting the business of his clients, and therefore, in the allowance of it, the judges always take care to apply that cause to their decifion. They will not discharge an attorney who is arrefted, or allow his plea of privilege, unless he was, at the time when the action was commenced, bona fide a practifing attorney, and had duly taken out his annual licence, which is on a ftamp of 10/. in London, and 61. in the country. An attorney, in refpect of his attendance at the court, cannot be pressed for a foldier; but he is not privileged from ferving in the militia, or finding a fubftitute. He cannot be made conftable though there be a custom that every inhabitant fhall be chofen in his turn; and, in general, it is faid that he is not to be elected into any other office againft his will; as to the office of overseer of the poor, or churchwarden, or any office within a borough.

On the other hand, when proceedings are against an attorney by bill, the party fuing him can obtain judgment much fooner than where he proceeds by ordinary procefs; and an attorney cannot bring an "action for his bill of cofts for business in any court, until a month after he has delivered it to his debtor, figned with his name. Attorneys are alfo under the fummary jurifdiction of the courts wherein they practife, and fubject to be ftruck off the rolls for mal-practice, or for grofs ignorance; and if their clients fuffer by their ignorance or neglect, they may recover from them damages to the amount. And no attorney in confinement for debt, or any other caufe, can commence or profecute any fuit for any other perfon; though it is held that he may proceed in thefe which he had previously commenced; and he may fue for any debt due to himself.

SPECIAL PLEADERS, DRAFTSMEN IN EQUITY AND CONVEYANCERS. Under thefe feveral denominations many gentleman practise, who are neither attorneys, nor at the bar; but many gentlemen at the bar exercife alfo thefe branches of the profeffion. Special pleaders are they who prepare drafts of all the pleadings in a caufe at law, from its commencement to its clofe; and they are accurately acquainted with all the decisions of the courts relative to points of practice, and to those questions which are likely to arife in the trial of caufes. Their affiftance therefore is eminently ferviceable to attorneys, and their offices are confidered the best fchools in which ftudents can acquire

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