The duties of the prothonotaries are, to attend the sitting *of [*47] the court at Westminster hall, for the despatch of such matters as arise from causes entered in their office ;(a) to inform the court of the state of such causes; to draw up general rules, for regulating and settling the practice of the court, and the proceedings therein; and to certify to the court in matters of practice, when required. A great variety of matters arising out of causes are referred to the prothonotaries; who make reports thereon to the court, and also on the examination of persons in contempt upon interrogatories. They enter, in books kept in their office, the declarations filed and delivered out in all the several causes passing through their office, and also the pleas and subsequent pleadings between the parties, the money paid into and out of court, the records passed for trial, the entries of issues joined between the parties, the interlocutory and final judgments thereon, writs of inquiry and executions, the bills filed against privileged persons, and the appearances to such process as issues out of their office. They inquire into and state the debt and costs on bills, bonds, mortgages and other securities: name and strike special juries, sign records of nisi prius, see that all common recoveries are carefully engrossed on rolls of the court, examined, docketed, and placed in their proper offices, and that the writs belonging to the same are filed with the proper officer, and examine all exemplifications of such recoveries.(b) They have the custody of all common and plea rolls, (e) deliver the same out, (d) and keep an account of the names of the persons to whom the rolls are delivered, (e) that they may be enabled to call for their return, and make caret papers of the defaulters, (f) in order to enforce their being brought in, pursuant to various rules of the court.(g) They keep an account of all rolls received into their office, after the proper entries are made thereon; keep dockets of all judgments, entries, of writs, and other entries, which they carefully examine with the rolls, before they are delivered to the proper officers, keep remembrance rolls, in which all rules made in court, appearances, and recognizances of bail on attachments of privilege, and præcipes taken at bar on common recoveries, are entered. They enter on a remembrance roll, the names of all attorneys sworn in court, and make certificates thereof to the clerk of the warrants; and have the custody of the court-books, in which are entered the names of all causes on demurrers, special verdicts, and other matters which are to be argued in court, and of causes which are to be tried at bar, with the respective terms and number-rolls; and take minutes of the judgment of the court, in all cases argued therein. And they regulate and allow costs, on all judgments, rules, and judicial orders; and tax bills of costs between attorneys and their clients, and settle and adjust accounts [*48] implicated therein. *For these purposes, one of the prothono taries alternately attends at the office in term-time, from eleven to two (except the first and last days of term, when all attend the court ;) the (a) R. T. 35 Hen. IV., % 1, C. P. And for the ancient fees payable to the prothonotaries, see the same rule, 5. (b) R. M. 1654, 8 6, C. P. (c) R. H. 8 Car. 1, 8 8, R. M. 1654, 27, R. E. 34 .Car. II., reg. 3, R. E. 5 W. & M., reg. 2, R. M. 2 Geo. I., C. P. The plea rolls are in real, and the common ones in personal actions. (d) R. E. 12 Jac. I., 2, R. M. 1649, R. M. 1654, 8 5, R. T. 21 Car. II., C. P. (e) R. E. 34 Car. II. reg. 3 C. P. (f) Same rule, R. M. 2 Geo. 1, C. P. (9) R. E. 12 Jac. I., R. M. 1649, reg. 1, 3, R. M. 1654, 7, R. T. 29 Car. II., reg. 5, R. E. 34 Car. II., reg. 3, C. P. others attending the court during the sitting. In the evening, all the prothonotaries attend at the office from six to eight, and sometimes later: Out of term, they all attend every day, from eleven to two o'clock. The secondaries were formerly appointed for life, by the prothonotaries, each of whom appointed one. But, by the statute 6 Geo. IV. c. 83, § 13, "no person who shall hereafter be appointed to the office of chief or third prothonotary, or shall hold the said two offices when united, shall appoint a secondary; but the secondary of such prothonotary shall be appointed by the lord chief justice of the said court of Common Pleas : and all secondaries so appointed, shall hold their offices during their good behaviour, and shall receive such a proportion of the accustomed fees of the said office, as the lord chief justice of the said court, and the lord high treasurer, or any three or more of the commissioners of the treasury for the time being, shall think reasonable; and shall account for and pay the residue into his majesty's Exchequer, on the first day of every term." And, by § 14, "the person who shall first be appointed secondary, under the provisions of that act, shall, when the office of secondary to the other prothonotary appointed by virtue of that act shall become vacant, take upon himself and perform the duties of both of the said secondaries, and receive the fees, and retain out. of the same so much as the said lord chief justice of the said court, and the lord high treasurer, or any three or more of the commissioners of the treasury for the time being, shall think a reasonable compensation for hist additional trouble; and shall account for and pay the residue of such fees into his majesty's Exchequer, on the first day of every term." The duties of the secondaries are, constantly to attend the court and judges in the treasury, in term time; to read all records, writings, affidavits, petitions, papers and exhibits, produced upon motions, complaints, or other applications, and to take minutes of all rules and orders pronounced thereon; to take all recognizances in court; to enter discontinuances, commitments of prisoners, and satisfactions acknowledged upon record; to amend records, by order of the court; to administer the oaths appointed to be taken by prisoners, by the acts of parliament for the relief of debtors with respect to the imprisonment of their persons, and to prepare assignments of such prisoners' goods and effects, to be signed by them, as directed by the said acts, and to draw up rules for their discharge. Upon trials at bar, it is their duty to copy the issues for the judges, and to deliver four copies thereof, to call the jury out of and in court, to read the record, to call the defendant, to read all written evidence, to call the jury before a verdict is given, and to record the verdict; to take minutes of special verdicts, and to draw up the same; to make two copies for the plaintiff and defendant, and four copies for the judges; to take an account of all fines and recoveries, passed and suffered at bar; and in term time, after the rising of the court, to attend at their respective offices, there to draw up such rules and *orders as have been pronounced [ *49 ] in court, or in the treasury, and enter the same in books kept for that purpose, (a) and make copies of such rules or orders, if applied for; as also to enter all rules to declare, plead, reply, rejoin, surrejoin, rebut, surrebut, and join in demurrer, in paper, and afterwards to enter the same in books; to give rules for attorneys, and other officers of the court, to appear to bills filed against them; to file and copy all affidavits, papers (a) Formerly, it appears, they were entered upon remembrance rolls. R. M. 1654, 15, C. P. and exhibits, produced on motions, taxation of costs, or otherwise, and all suggestions and proceedings in spiritual courts, in causes where prohibitions are applied for; to examine persons in contempt upon interrogatories, and to file and copy such interrogatories, and the depositions taken thereon. Their attendance is also necessary in vacation time, by themselves, clerks or assistants. Upon all complaints made by prisoners in the Fleet against the warden, it is the duty of the secondaries to attend the judges, at such times and places as they may appoint to hear and determine the said complaints, and to file and read all affidavits and exhibits produced on such attendance, and to draw up all orders made thereupon, as well as all orders made by the court, for the regulation of the Fleet prison. The secondary to the chief prothonotary administers in court the oaths of allegiance, supremaey, and abjuration; and, if required, makes out and signs certificates of persons having taken the same: he also administers the oath in court, to every person who is admitted an attorney. The secondary to the second prothonotary enters in a book kept for that purpose, the particulars of all fines acknowledged at the bar of the court. The filacers were formerly appointed, for the different counties, by the chief justice, for their lives; and their several offices were required to be executed in one certain place. (b) But now, by the statute 6 Geo. IV. c. 83, § 15, reciting that the offices of filacers of all the counties in England would be executed better, and at less expense, by one person: and as such offices were then holden by many different persons, and the whole of such offices were not likely soon to become vacant, that they might, when the then present interests in them should expire, be all given to some one fit and proper person; it was enacted "that when the office of filacer of any county or counties shall become vacant, the person to be appointed to discharge the duties of such office, shall only receive an appointment during the pleasure of the lord chief justice; and when all the present interests shall have vacated those offices by death or otherwise, the lord chief justice of the court of Common Pleas shall revoke the appointments made during pleasure, and appoint some one fit and proper person to hold the united office of filacer of all the counties of England, during his good behaviour in the said office." The duties of the filacers are; to procure original writs to be duly sued forth and filed; (c) to take affidavits of debt, in order to hold to bail and to *file such affidavits when the process is issued, and to [ *50 ] make office copies of them, when required; to make out writs of capias, alias and pluries, and all other incident process, before appearance of the defendant, in all actions wherein process of outlawry lies, until the exigent is awarded; (a) and all writs of supersedeas, upon any writs of capias awarded out of their own offices and writs of rescous upon the sheriff's return ;(b) to take and file affidavits of service of common process; and file bills against persons entitled to privilege of parliament, and make out the subsequent process thereon, before appearance, to enter appearances upon all writs issuing out of their own offices, (c) and give rules for the sheriff to bring in the body ; (d) to attend the court, or a judge, on taking special bail by original:(e) to enter recognizances of bail, and make out the first writ of scire facias thereon;(f) to enter and file writs of re. fa. lo. &c. issuing out of the court of Chancery, and returnable in the court of Common Pleas, for the removal of plaints from inferior courts, and to issue writs of pone and distringas, to compel appearances in such proceedings; and to make out all writs of retorno habendo upon nonsuit, writs of second deliverance, and writs of capias in withernam, alias, and pluries, before appearance, (g) &c. The duty of the clerk of the exigent is to make out writs of exigent and proclamations, in order to proceed to outlawry; and of the clerk of the supersedeases, to make out writs of superdeas to exigents quia improvidè, &c.,(h) in order to prevent persons from being outlawed or waived, against whom exigents have issued. The office of clerk of the outlawries is incident to the office of his majesty's attorney-general; and usually executed by his clerk. His duty is to make out all writs of capias utlagatum, and sequestrations of ecclesiastical benefices, in personal actions, 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 remembrancer of the court of Exchequerer, and there filed of record; and the inquisitions themselves, and writs of exigent, are filed with the custos brevium. The clerk of the reversal of outlawries is appointed by the prothonotaries, during pleasure: His duty is to draw up and enter the reversals of outlawries on remembrances, and deliver certificates thereof to the clerk of the outlawries; to make out bail-pieces on such reversals, and writs of supersedeas when necessary. The clerk of the juries is appointed by the custus brevium, for life: His duty is to make out writs of habeas corpora juratorum, for the trials of issues in London and Middlesex, and for the assizes in the country. *The duties of the clerk of the warrants, inrolments, and estreats, are, to file warrants of attorney upon judgments, issues, [ *51 ] outlawries, and writs of covenant for levying fines; and also the warrants of attorney of sheriff's for the different counties in England; to stamp all judgment-papers, (aa) records of nisi prius, (bb) writs of pluries capias on outlawries, (b)and writs of covenant; to enroll deeds, recoveries, and foreign estreats; and to file affidavits of the execution of articles of clerkship, and enter attorneys' certificates, &c. This officer may refuse to file a warrant of attorney, or pass a fine, till the attorney employed by the parties, has paid his termage fees.(c) The clerk of the essoins is appointed by the chief justice, for life: his duty is to enter essoins for the tenants in real actions, (for it is now determined, that no ession lies in personal actions;) and in case the tenant be not essioned, by the time limited by the rules of the court in real actions, the demandant may enter a ne recipiatur. This officer is required, by the statute 4 & 5 W. & M. c. 20. § 2. to make an alphabetical doget, by the defendants' names, of all judgments for debt by confession, &c., in the court of Common Pleas ; (d) and rolls belonging to the several offices of the said (e) R. T. 1 W. & M. reg. 2, C. P. (f) R. M. 14 Jac. I. reg. 1 C. P. Barnes, 97. (g) R. M. 15 & 16 Eliz. R. M. 14 Jac. I. reg. 1, C. P. (b) R. H. 2 & 3 Jac. II. C. P. (d) R. E. 5 W. & M. reg. 2, R. M. 2 Geo. I. C. P. (bb) R. H. 2 & 3 Jac. II. C. P. (c) 1 Bing. 277. 8 Moore, 229, S. C. court are marked, numbered and delivered out by the clerk of the essions to the prothonotaries: and when the proper entries are made thereon, they are returned into his office, whence they are carried, by the clerk of the judgments, to the treasury at Westminster. The clerk of the dockets is appointed by the prothonotaries, during pleasure. The duty of this officer is to draw up, exemplify, and enter on the roll, the admission of the several officers of the court; to prepare bailpieces, entered into any attachment of privilege, or other bailable process, issuing out of the prothonotaries' office, and attend the court or a judge therewith, when entered into, and when the bail are justified, or fresh bail added, or the defendant surrendered; to make copies of all special juries, named by the prothonotaries, for the plaintiff and defendant; to make copies of reports in court by the prothonotaries, if desired, and of all special verdicts, for the judges and attorneys; to make copies of all rules of court, from the remembrances of terms past; to make certificates of declarations not being filed against prisoners, according to the rules of the court, in order to their being discharged; to make out certificates of writs of recordari and false judgment not being filed according to the course of court, to enable the parties, to proceed in inferior courts; to copy, if desired by the parties, all bills of cost, and other papers produced before the prothonotaries relating to such bills, when taxed; to attend the office of the prothonotaries daily during office hours, and to do the common business belonging to the office. The clerk of the judgments is also appointed by the prothonotaries, during pleasure. His duty is to draw up every final judgment, after in quisition taken, verdict obtained, or nonsuit had at nisi prius, [*52] and upon every *demurrer, issue of nul tiel record, and rule of court;(a) and to draw up and enter all the continuances necessary to the said judgments: and he is directed, by the statute 4 & 5 W. & M. c. 20, § 2, to bring in all the above-mentioned judgments, to be docketed; after which he carries them to the treasury at Westminster. He draws up the award of writs of elegit and partition, and enters the same, with the returns thereof, upon the roll; enters satisfaction on all judgments, when the same is done by a judge's order, and not in open court; and makes out exemplifications of any of the above-mentioned judgments, if applied for within a year after the signing thereof. The chief justice for the time being, is keeper and clerk of the treasury, and also clerk of the errors, of the court of Common Pleas; and executes these offices by his clerks, who are appointed by him during pleasure. The clerk of the treasury has the custody of the records of the court; the signing and sealing of records of nisi prius ;(b) and the signing of exemplifications, except of fines and recoveries, within two terms.(c) 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 writs of supersedeas; enters bail taken thereon; makes out writs of scire facias against the bail; gives rules for bail, and for the plaintiff in causes to certify the record; makes transcripts of the records and judgments, and transmits the same into the court of King's Bench, &c.; signs nonprosses for not certifying the record; and allows and returns all writs of certiorari (a) R. T. 29, Car. II. reg. 5, R. T. 13 Geo. II. reg. 2 C. P. (b) R. T. 29 Car. II., reg. 4. R. H. 2 & 3 Jac. II., C. P. And for the fees anciently due to the clerk of the treasury, see R. T. 35 Hen. VI., § 7, C. P. (c) R. M. 1654, 6, C. P. |