Legal Definitions - sixty clerks

The term Sixty Clerks refers to a specific group of legal professionals who served in the historical English Court of Chancery. They were officially known as Sworn Clerks and played a crucial administrative and procedural role in equity lawsuits before the significant legal reforms of the 19th century.

These clerks were responsible for managing the day-to-day progress of cases, including drafting legal documents (such as initial complaints and responses), filing papers, and overseeing the various stages of a lawsuit. Their function was akin to that of modern-day solicitors or attorneys, acting on behalf of parties involved in disputes that came before the Chancery Court. The "Sixty Clerks" specifically denoted the authorized number of these professionals who practiced within the Six Clerks' Office, a key administrative department of the court.

Here are some examples illustrating their role:

• Example 1: Initiating a Complex Trust Dispute
  Imagine a wealthy family in the 18th century facing a disagreement over the management of a large family trust, which required the intervention of the Court of Chancery. One of the beneficiaries wished to challenge the trustee's actions.

  A Sixty Clerk would be retained by the beneficiary to draft the formal "Bill of Complaint," which was the initial document outlining the grievances and legal arguments presented to the court. The clerk would ensure this document was correctly formatted, properly filed, and served on the opposing parties, thereby formally commencing the lawsuit.

• Example 2: Managing Evidence in a Partnership Dissolution
  Consider two merchants who had dissolved their business partnership but could not agree on the division of assets and liabilities, leading to a suit in Chancery. The case involved numerous financial records, contracts, and witness testimonies.

  The Sixty Clerks representing each merchant would be responsible for managing the procedural aspects of discovery. This included ensuring that all relevant financial documents were properly exchanged between the parties, that witness depositions were formally taken and recorded, and that all such evidence was correctly filed with the court, tracking the case's progress through these intricate stages.

• Example 3: Implementing a Court Order for Specific Performance
  Suppose the Court of Chancery issued a decree ordering a party to specifically perform a contract, such as conveying a piece of land as agreed, after a prolonged legal battle.

  The Sixty Clerks involved in the case would be tasked with ensuring that this court order was properly recorded in the court's books, formally served upon the party required to act, and that all subsequent administrative steps necessary to implement the decree were followed. This might include preparing and filing the necessary legal instruments, like a deed of conveyance, to finalize the court's judgment.