Tender of debt, &c. In money, or bank notes, &c. By stat. 3 & 4 Previously to the commencement of an action, it is frequently advisable, as a precautionary measure", to make a legal tender of the debt admitted to be due, or of damages, when allowed to be pleaded, as in the case of a negligent or involuntary trespass, or in actions against justices, &c. Before the statute 3 & 4 W. IV. c. 98., the tender should regularly have been made in lawful money of England; which is of two sorts, viz. English money, coined by the King's authority, or foreign coin, made current by his royal proclamation within the realm; the latter was considered as a good tender: and though bank notes were not made a legal tender, by the statute 37 Geo. III. c. 45, yet a tender in bank of England, or country bank notes, was good, unless specially objected to on that account at the time e. The same doctrine was applied to a draft on a bankerf: and in one case it was holden, that a tender in a Liverpool bank bill of exchange was good, if not specially objected to; but, in a subsequent case, the tender of a Bristol bank bill was holden not to be good, although the party made no objection as to the form of the tender. And now, by the statute 3 & 4 W. IV. c. 98. § 6, it is enacted, that "from and after the 1st day of August "1834, unless and until parliament shall otherwise direct, a tender "of a note or notes of the Governor and Company of the Bank "of England, expressed to be payable to bearer on demand, shall "be a legal tender, to the amount expressed in such note or notes, Polglass v. Oliver, 2 Cromp. & J. 15. 2 Tyr. Rep. 89. S. C. f Per Buller, J. in Wilby v. Warren, Sit. Mid. after M. T. 28 Geo. III. K. B. Tidd Prac. 9 Ed. 187. (m.) Lockyer v. Jones, Peake Cas. Ni. Pri. 180. n. h Mills v. Safford, id. ib. and see Polglass v. Oliver, 2 Cromp. & J. 15. 2 Tyr. Rep. 89. S. C. And for the doctrine of tender in general, and in what cases it is, or is not allowed, at common law, or by statute; at what time, by and to whom, and in what manner it should be made; and when and how it should be pleaded, &c., see the 1st Supplement to Tidd Prac. 9 Ed. p. 10, &c. "and shall be taken to be valid, as a tender to such amount, for any branch CHAP. I. CHAP. II. Of the OFFICERS on the PLEA side of the Court of EXCHEQUER, and their DUTIES; and of HOLIDAYS, and FEES, &c. Principal officers BEFORE the statute 2 & 3 W. IV. c. 110, the principal officers of Exchequer of By that statute. of the court of Exchequer of Pleas, were the clerk of the Pleas, and his deputy, who was called the Master. The clerk of the Pleas was appointed by the chancellor of the Exchequer for life, or quamdiu se bene gesserit, and the deputy, or master, by the clerk of the Pleas. The business of the master was to take minutes of what was done in court, draw up rules, make reports on matters referred to him, tax bills of costs, allow bails, and sign process, and judgments, &c. The clerk of the Pleas was also, by virtue of his office, clerk of the Errors in the Exchequer Chamber; and his duties in that character were, to allow writs of error, certify transcripts, attend the court of Exchequer Chamber when sitting, and draw up rules thereon". 'b By the above statute, for the better regulation of the duties to be performed by the officers on the plea or common law side of the court of Exchequer, after reciting that an act had been passed in the first year of the reign of his present Majesty, intituled An act for the more effectual administration of justice in England and Wales; and, by the said act, certain changes were made on the plea or common law side of the court of Exchequer; and that William Stewart Rose Esquire then was clerk of the Pleas in the said court, and was lawfully entitled to execute the said office by himself, or his sufficient deputy, during the term of his natural life; and Thomas Dax Esquire, commonly called the Master, then was deputy clerk of the Pleas, and Stephen Richards, Kenrick Collett, Edmund Walker, and George Chilton Esquires, were the four Tidd Prac. 9 Ed. 58. And for an account of the present duties of the officers of the court of Exchequer of Pleas, and of the business done in that court, see Dax Excheq. 2 Ed. 4, &c. 10, &c., b 11 Geo. IV. & 1 W. IV. c. 70. § 10. 14. OFFICERS ON PLEA SIDE OF EXCHEQUER, &c. sworn clerks in the said court; and the said Thomas Dax, Stephen Richards, Kenrick Collett, Edmund Walker, and George Chilton, were the five principal acting officers of the said court; and that the business, in the offices on the plea or common law side of the said court, had greatly increased, and the same, since the passing of the said act, had been conducted and performed by the said deputy clerk of the pleas, and the said four sworn clerks, but without any regulation as to the respective duties to be performed by each; and many of the duties of the master had from necessity been performed by the sworn clerks, but without any obligation upon them to perform such duties; and that it was expedient to apportion such business among the said officers, and to fix and determine the duties to be performed by them respectively; it is enacted, that "from and after the commencement of that act, there "shall continue to be five principal officers on the plea side of the "said court, exclusive of the said William Stewart Rose Esquire, "the said clerk of the pleas, (whose office, when a vacancy shall occur by his demise or otherwise, is not again to be filled up,) "and no more; and that the said Thomas Dax, Stephen Richards, "Kenrick Collett, Edmund Walker, and George Chilton Esquires, "who had so conducted the business on the plea side of the said 66 court, and their successors, shall, from and after the passing 55 CHAP. II. There shall be five principal officers on the plea side of the court, exclusive of the clerk of the pleas. "of this act, perform the same as follows; that is to say, the Their duties. "said Thomas Dax, Kenrick Collett, and Edmund Walker, shall "perform the duties of master and prothonotary; the said Stephen "Richards, the duties of clerk of the rules, and the said George "Chilton the duties of filazer of the said court; and the said "officers shall be styled and designated accordingly: and if any " doubt or difference shall at any time arise, respecting the duties "to be performed by the said respective officers, the same shall "be settled and determined by the Lord Chief Baron, and the "other barons of the said court, for the time being." 66 "b errors. That "the office of clerk of the Errors, now filled and executed Clerk of the by the said Thomas Dax, shall continue to be filled and executed "by him, as long as he shall be a master or prothonotary of the "said court, and no longer; and the same shall always hereafter "be filled by the person who shall be the senior master or pro 66 thonotary of the court for the time being." And that "the Attendance, and "said officers, and their assistants and clerks, shall give their at hours of business, to be as di rected by the court. "tendance in court or elsewhere, and shall conduct the business "in their several departments, at such hours, and in every respect "in such manner, as the said Lord Chief Baron, and other barons "of the said court, shall from time to time order and direct."a Holidays men tioned in stat. 5 & 6 Edw. VI. By the statute 5 & 6 Edw. VI. c. 3. certain days therein mentioned, consisting principally of Saints' days, several of which c. 3. abolished. happened in term time, were required to be kept holidays : But, by the late act for the further amendment of the law, &c., reciting that the observance of holidays, in the superior courts of common law, during term time, and in the offices belonging to the same, on the several days on which holidays are now kept, is very inconvenient, and tends to delay in the administration of justice; it is enacted, that "none of the several days mentioned in the "said statute, shall be observed or kept in the said courts, or in "the several offices belonging thereto, except Sundays, the day of "the nativity of our Lord, and the three following days, and "Monday and Tuesday in Easter week." Fees of officers of superior courts. In treating of the fees of officers of the superior courts, it has been shewn, in the first Supplement to the Practice, that by an act passed in the 11th year of the reign of King George the Fourth, and 1st year of the reign of his present Majesty, intituled, 'An act for regulating the receipt and future appropriation of fees and emoluments, receivable by officers of the superior courts of common law,'e persons holding certain offices and employments are required to render to the commissioners, to be appointed by virtue of the said act, an account of the lawful fees and emoluments which have become due, in respect of such offices and employments, during the periods therein specified; and such commissioners are thereby authorized to inquire into and examine, as well the legal |