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A64757 Practica WalliƦ, or, The proceedings in the great sessions of Wales containing the method and practice of an attorney there, from an original to the execution : whereunto is added, the old statute of Wales at large, and an abridgement of all the statutes uniting Wales to England : with tables of the fees, and the matters therein contained / by Rice Vaughan ... Vaughan, Rice. 1672 (1672) Wing V136; ESTC R3656 72,094 234

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l. XCV All Officers and other Persons in Wales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and Process from any of them directed and all lawful and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices XCVI Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledge Recognizances before the President or one of the Justices by a Dedimus for the due execution of their offices and for their true account before the King's Auditor or Auditors to be assigned for that purpose which Oath and Recognizance shall be agreeable to those used for Escheators in England XCVII Such Escheators shall yearly have their Patents under the great Seal shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum freehold and shall account yearly before such Auditor or Auditors as the King shall assign for Wales XCVIII There shall be also two Coroners elected for each of the said twelve Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like Fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester XCIX The Justices of Peace or two of them 1. Qu. shall appoint in every Hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England C. The Sheriff shall have a Goal in a place of the Castle of the Shire-Town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailiffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CI. Sheriffs shall keep their Counties monthly and their Hundred-Courts for pleas under 2 l. and shall take for entring of Plaints Process Pleas and Judgements there as is used in England and not above Also all Trials in such Courts or before Stewards in Court Barons shall be by Wager of Law or Verdict of six Men at the election of the Party Plaintiff or Defendant that pleads the Plea CII Sheriffs shall hold their Turns yearly after Easter and Michaclmas as is used in England CIII The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turns to his own use and the Sheriff shall account for the same accordingly having been first afferred by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so afferred in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgement in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CIV Certain Fees which the Sheriff is to have for the return and execution of divers Writs For which see the Statute at large CV Every Sheriff within this limit may put suspitious persons under common Main-prise according to the Statute of 47 H. 8.26 which see before binding them with two sufficient Sureties by Recognizance to appear before the Justices at the next great Sessions and shall then also certifie the names of the parties so bound without concealment CVI. The Sheriffs Fee for taking such common Main-prise is 2 d. but he shall take no Fee for the return of any Writ of Execution unless he return the same executed CVII The Fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CVIII None for Murder or Felony shall be put to his Fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CIX The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CX Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXI If any sorreign Plea or Voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole Record unto the Justice that sent it who thereupon shall proceed to Judgement as the Cause shall require but if such Plea or Voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign Plea or Voucher notwithstanding CXII All Lands Tenements and Hereditaments in Wales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst Heirs males according to the Custom of Gavelkind CXIII No Mortgages of Lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise then after the course of the Common-Law and Statutes of England CXIV It shall be lawfull for all persons to alien their Lands c. in Wales the County of Monmouth and other places annexed as aforesaid from them and their Heirs to any person or persons in Fee-simple Fee-tail for life or years according to the Laws of England notwithstanding any Welch Law or Custom to the contrary CXV If any person having Lands in Wales be bound in England by a Statute staple of Recognizance and pay not the Debt accordingly in such Cases upon Certificate into the Chancery of England Processes shall be made to the Sheriffs of Wales out of the said Chancery for the due levying of the said Debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Place of
England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXVI All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North Wales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXVII Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such Issues may be tryed at the petty Sessions before the Deputy Justices as is used in the three Counties of North Wales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no Suit taken before any of the said Justices by Bill under the sum of 20 s. CXVIII No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXIX If any Murther or Felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of Imprisonment and grievous Fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXX If any person or they whose Estate he hath have peaceable possession of Lands in Wales by the space of five years without interruption or lawfull claim such person shall continue the same untill they be recovered from him by Law or Decree of the President or Council there CXXI If in personal Actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that Case the Sheriff may return other names de circumstantibus untill the Jury be full as is used in North Wales and else-where in such Cases CXXII No sale of Goods or Cattel stolen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXIII No person shall buy any quick Cattel in Wales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and Fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXIV If any Goods or Cattels be stollen in Wales the Tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXV Any man being a Freeholder may pass upon a Jury in all Causes both criminal and civil Attaint only excepted saving to every man his lawfull Challenge according to the Laws of England Howbeit none shall pass in Attaint unless he have Freehold of 40 s. per annum CXXVI Tenants and Resiants in Wales shall pay their Tallage at the change of their Lords in such places and after such form as hath been accustomed in Wales CXXVII The Kings Subjects in Wales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other Charges granted by the Commons of the said Parliaments and pay all other Rents Farms Customs and Duties to the King as hath been accustomed Fines for redemption of Sessions only excepted which the King is pleased to remit CXXVIII Haverford-west shall find one Burgess for that Town whose Charges shall be born by the Major Burgesses and Inhabitants of the said Town and by none other CXXIX The King shall have all Felons Goods Goods of persons outlawed Waifs Estrays and all other Forfeitures and Escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawfull title thereto CXXX Errors and Judgements before any of the Justices in their great Sessions in Pleas real and mixt shall be redressed by Writ of Error out of the Chancery of England returnable before the Justices of the Common Place as other Writs of Error be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgement be affirmed good in any of the said Writs or Bills then there to make Execution and all other Process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXI No Execution of any Judgement given in any base Court shall be stayed by reason of any Writ of false Judgement but Execution may be had at all times before the reversal of such Judgement and if such Judgement shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgement CXXXII All Process for urgent and weighty Causes shall be directed into Wales by the Chancellor of England or any of the Kings Council as heretofore hath been used notwithstanding this Act. CXXXIII The Town of Bewdley in the Parish of Ribsford in Com. Wigorn. is made parcel of the County of Wigorn and united to the Hundred of Dodingtree in that County saving to the Burgess and Inhabitants of Bewdley their ancient Liberties and Franchises CXXXIV Llanstissan Vsterloys and Langham with their members are united to the County of Caermarthen and made parcel of the Hundred of Derries in that County CXXXV The Shire-Court of the County of Radnor shall be holden one time at New Radnor and another time at Preston alternis vicibus and never at Rather Goway notwithstanding the Statute of 27 H. 8.26 CXXXVI The Kings Farmer of the Subsidy and Aulnage of Wollen Cloths in the County of Monmouth and the other twelve Counties of Wales shall take for sealing such Cloths as followeth viz. for every whole piece of Frise 1 d. a half piece ob a piece of Cotton or Lining 24 yards and under ob a piece of the same above 24 yards 1 d. a broad Cloth 1 d. a piece of Kersey 18 yards or above 1 d. and for a piece of Kersey under 18 yards ob Howbeit this shall not extend to Cloth made in private Houses and not put to sale but to their Servants CXXXVII The Aulnager in Wales shall be bound and subject to the Laws and Customs of England in like case provided CXXXVIII The Town of Haverford west
Practica WALLIÆ OR THE PROCEEDINGS IN THE Great Sessions OF WALES Containing the Method and Practice of an ATTORNEY there from an ORIGINAL to the EXECUTION Whereunto is added The Old Statute of Wales at large And an Abridgement of all the Statutes uniting Wales to England with Tables of the Fees and the Matters therein contained By Rice Vaughan late of Grays-Inne Esquire LONDON Printed for Henry Twyford John Streater and Eliz. Flesher Assignes of Richard Atkins and Edward Atkins Esquires 1672 Cum Gratia Privilegio Regiae Majestatis Academiae Ganwbrigiensis Liber To the Honourable Sr. JOB CHARLETON Chief Justice of Chester ROBERT MILWARD Esq One of the Commissioners of the Privy Seal Sir THOMAS JONES Serjeant at Law KENRICK EATON Esq Honoured Sirs THIS Tract how little soever yet contains within its Circuit the Interest and Concerns of many worthy and Honourable Persons to whom the late Author was in hopes it would be no less acceptable then beneficial especially if admitted into your protections who for the greatest Reason understand the management of all Affairs therein discoursed You cannot but know the many alterations that happeneth in those Counties upon the uniting thereof unto the Crown of England for the better understanding of the then settlements there upon which the proceedings of these Courts are grounded there is now added the effects of all the Statutes yet remaining in force So that in this short view you see the basis and superstructure of the Law as it stands setled by Statutes and the usual and ordinary proceedings thereupon with the just Fees all reduced to our modern Scale which in the dead Author's behalf I offer to your Honours desiring to approve my self in all things Your Honours devoted Servant T. M. THE TABLE A. ACtion how to commence it in the great Sessions of Wales page 2. Actions real proceedings therein speedy p. 6 7. Attorney must take care to understand his Clyents business rightly p. 7 8. 36 37. 70 71. Alias dictus where necessary è contra p. 9. Account proceedings therein p. 26. Actions upon Penal Statutes how to be brought ibid. Audita Querela where it lyes and for what p. 28 29. Accedas ad Curiam where it lyes and the nature of it p. 29 30. B. Bill and Queritur how they differ p. 2 3. The return thereof speedy and the reason and effect of it p. 3 4. Bayl who appears upon Bayl must be discharged upon Bayl. p. 16. 35. C. Charges in a Suit in Wales where the Debt exceeds not 40 d. p. 6. Concessit solvere the nature thereof and Plea therein p. 13 14. Cape Petit when to be awarded and when the grand Cape p. 16 17. 51. Costs where it shall be paid p. 17. 22. 26. Curia claudenda the nature thereof proceedings therein p. 27. Certiorari the proceedings therein p. 32 33. Challenge where it lyes and why p. 38 39. 40 45. D. Defendant not prejudiced but by his own Laches and why p 5. Declaration when it must be b ought in and filed p. 11. Damages a Writ of Enquiry of Damages where it lyes p. 15 16. Distringas Alias Pluries and Plus Pluries Distringas where to be sued out ibid. Dower the proceedings therein p. 16. Where a Writ to assign it shall be granted p. 17. Detinue the nature of the Action and the proceedings therein p. 25. E. Execution how attainable p. 5 6. 60. ad 71. Essoyn without Warranty the ground of an Iterum Summoneas p. 9. Error Writs of Error where they lye and for what p. 29. Proceedings therein p. 30 31. Executions several sorts thereof p. 60. ad 70. F. Formedon the Tenant may vouch therein p. 19 20. False Judgement Writ of false Judgement where it lyes p 29. Proceedings therein p 31 32. Fees of the Prothonotary of North Wales in Causes real and mixed p. 83 84. Fees in Personal Actions p. 85 86 87. Other Fees rated and setled p. 93. ad 100 H. Homine Replegiando where it lyes p. 25. I. Judgements by default how obtained p 4 5. 9 10 11. Iterum Summoneas where grantable p. 9. Judicium si what it is ibid. Issues where to be returned p. 14 15. Imparlance where grantable which in Latin is called Li. Lo. p. 20. Special and general their difference p. 21. Jury their duty p. 49. ad 60. M. De Muliere abducta cum bonis viris the nature of it and proceedings therein p. 27. N. Non-suit where it shall be entred p. 17 22. Nihil inde when and where to be entred p. 21. Ne recipiatur where it may be entred p. 33. O. Original in what cases necessary p. 10 11. Oyer where it may be demanded p. 12. P. Plaintiff what he must do to obtain excution p 5 6 9 10. Pleas dilatory seldome admitted in the Courts of Wales p. 6. Pleadings usual in an Action of Debt p. 11 12. Pleas in other cases p. 12. Proceedings at the second Sessions when Issue is not joyned at the first p. 21. Partition the proceedings therein p. 25 26. Proceedings general in all causes p. 38. Q. Queritur the words thereof in divers cases p. 14. Quod ei deforceat the Writ and proceedings therein p. 16 17. R. Rule general and peremptory p. 11. Right Writ of right is conclusive and the Tenant may vouch therein p. 19 20. Replevin the nature of the Action and the proceedings therein p. 24 25. Returno habendo where and when to be granted p. 24 25. Rationabili parte bonorum the nature of it and proceedings therein p. 27 28. Recordare where and for what it lies p. 30. Rules setled for businesses at the great Sessions p 75 76 77 78. Rules in the Chancery there p. 79 80 81 82. Recovery common Fees therein p. 88 89 90. S. Sessions great Sessions in Wales the time of the summoning thereof p. 1 2. The proceedings therein p. 2. They have a Chancery in themselves p. 7. Summon● and pledges to be returned p. 9. Summons only in some cases p. 11. Sequatur sub suo periculo a Writ where it is grantable p. 19. Summons ad sequendum simul cum where necessary p. 19 20. Summons and severance where necessary p. 20. Similis Narratio what it is p. 23. Statuta Walliae temp E. l. p. 101 ad 149. Statutes for uniting Wales to England p. 150 ad finem T. Titlixg of Actions truly very material to the Cause p. 8 9. V. Variance where pleadable and why p. 8. View of Lands where demandable p. 23. W. Wager of Law where admitted p. 11 12. Withernam the Writ where and why grantable p. 25. Waste the proceedings therein p. 26. Wales Statutes of Wales in the time of Ed. I. p. 101 ad 149. Wales united to England by several Statutes and the Abridgement thereof p. 150 ad finem The Manner of the Proceedings in the Courts of the Great Sessions in the Counties of Montgomery Denbigh and Flint within North-Wales as it now is ABOUT three
relation to his practice yet I durst not presume to proceed to enlarge thereon lest I should be justly rebuked In some Cases there will be no Plea put in or Issue joyned the first Sessions but the Defendant upon some occasions must move for an Imparlance which is called Licentia interloquendi for brevity Li. Lo. being a granting of time to imparle between that and the next Sessions or to plead by the first day of the next Sessions or some day in the Vacation as the Court shall think fit to appoint or both parties agree to be entred tunc pro nunc for there is a general and special Imparlance and sometimes the Plaintiff will have cause to imparle as well as the Defendant when after the Defendant hath answered or pleaded he is not ready to reply for in all or most Actions begun at a Sessions there must be Recovery by Default or after appearance and Declaration either an Issue Imparlance or a Nihil dicit if the Plaintiff do as he may call for proceedings without both parties will be at a stay by consent wherein commonly a Nihil inde is for that time entred on the Writ or Declaration in which Cause the Plaintiff if he please may proceed the next Sessions after as formerly he might And in such Actions wherein Issue the first Sessions is not joyned if the Plaintiff will proceed the next Sessions he must then look the Docket to know how the matter stood the Sessions before and continue the same unto the Book of Imparlance according to the words of the Docket which may also be done the second Sessions but paying the Prothonotory for the continuance If Causes have slept after appearance and before Declaration be put in and the Plaintiff will not appear to proceed the Defendant if he desires to go on must move the Court to appoint the Plaintiff a time to declare or reply c. as the Case requires and in default thereof that a non-Suit may be entred which the Court of course will grant and the same Rule being entred and not performed then the non-Suit will be entred and if it be after the Plaintiff hath declared the Defendant will have his Costs and an Execution for it if it be not in such Actions wherein Costs do not lye for seldome or never any Costs is had by the Defendant if the Plaintiff become non-Suit before he declares for I knew never any had or granted I should towards the end of the foregoing leaf where I mentioned view lay not in a Writ of Entry Sur Disseizin declared that it did lie in the other Writs as of Dower Writ of Right and Formedon wherein after Declaration is put in and a Rule given to the Tenant to Answer the Tenant may demand view of the Lands which must be done in Court or Office before the Rule be quite out which view so demanded is granted which excuseth the Tenant of making any Answer till the Demandant sues out the Writ of View whereunto as well the Tenant must appear as the Demandant declare de novo by a Similis Narratio and the Tenant must be careful to observe his time to demand the view for it is not grantable after a general imparlance and if the Tenant slips the time he shall not come to it again and he must be more careful to appear or essoin for an essoin will lie at the calling of the Writ of View else the Demandant will then recover seizin of the Lands and have a Writ of seizin and if the Defendant essoins he will gain a day longer to appear and then must appear whereupon the Demandant declares by Similis Narratio mutat mutandis as is aforesaid There are at the great Sessions sometimes other Actions as of Replevin Detinue Accompt Rationabili parte bonorum Partition Waste Actions upon Penal Statutes Curia Claudenda de muliere abducta cum bonis viri Audita Querela and others which have but ordinary proceedings as hath been treated in some other Actions before spoken of whereupon I will only speak a word or two of the nature of each of them Replevins most commonly are brought in inferiour Courts and afterwards removed to the Sessions wherein the Plaintiff declares and the Defendant avows as his Case requires and afterwards the Plaintiff is to put in his bar which is called a Replication in another Action And in this Action both Parties are Plaintiffs and may recover for the Defendant if he makes good his Avowry is to recover his Rent or what else he distrained for with his Costs and Damages at the Trial but if the Plaintiff be non-suited the Defendant is to have a Returno habendo to restore the Cattle distrained by him to his custody as they were before replevied whereby to satisfie his demands But then the Plaintiff if he will may have a second Deliverance and go on again to Trial but if the Defendant recovers in this he is to have a Returno habendo unrepleviable but if the Plaintiff recovers he is to have only Damages for the wrongful distraining of his Beasts and in case the Goods cannot be replevied a Withernam may be had to take the Parties own Goods that did distrain in value c. there is also a homine repligiando for releasing a man detained by another person except for some offences which are mentioned in the Writs and there is sometimes a Capias in Withernam that issues out it is too tedious to express all things concerning them and therefore I leave the Reader if he be ignorant to take pains to learn them out of better Authors as I did In detinue the Plaintiff is to recover the things detained and in default thereof the value of the same in money which the Jury usually finds The same Process is in Partition and in Waste and Accompt which is Summons and Distress but in Partition and Waste the Demandant will recover by default upon the third Writ if the Tenant appears not as in some other former Actions treated of appears And in these two Actions of Partition and Waste there lies no Costs but treble Damages and the place Wasted is recovered in a Writ of Waste And in Partition there be two Judgements one after the Verdict which is no more then siat inter eos partitio and the other upon Return of the Writ awarded to the Sheriff to make the Partition which must be upon motion and is quod partitio praedicta firma stabilis teneatur imperpetuum And in a Writ of Waste the Demandant may depending the Action move for a Writ of Estrepement and is ordinarily granted being a Writ to the Sheriff to restrain and prevent the making or committing any further waste upon the Land Whilt the Action is depending Actions upon penal Statutes are usually brought by way of Information wherein a Distringas is the next Process and the Issue Verdict and Judgement therein if found by the Prosecutor are as the several
the return thereof if cause require to enter and issue forth Proclamation of Rebellion but no sequestration without motion in Court and every of these Processes to bear teste from day to day and all contempts are to be cleared or paid for before answer be received and all Bills and Answers to be subscribed by Councel 3. If no Bill be filed against the Party served within three Courts after the entry of his appearance he shall upon the producing of the Subpoena or Ticket wherewith he was served and filing of it with his Affidavit of his service be of course dismissed with vj. s. viij d. costs and if after answer no exceptions or reply be filed and entred or other proceedings given within four Courts the Defendant is of course to be dismissed with 13. s. 4. d. costs having first by himself or his Attorney moved the Plaintiffs Attorney to give proceedings 4. After replication entred and received and issue joyned and at any time before publication either Party is at liberty to examine witnesses before the Register giving notice of the witnesses names in writing to the Attorney of the adverse party and for want of notice the examinations to be suppressed and the first interrogatories to be ministred to all the witnesses without any alteration without special order of Court 5. That in all causes wherein witnesses have been examined in the Registers office or by Commission returned and certified publication shall without motion pass if cause be not shewed by the Plaintiff or Defendant before the rising of the second Court on Wednesday in the Sessions week in the County wherein such causes arise and both parties if present or such of them as appear there in person or by Attornies that present Sessions at their peril without service of any Process in that behalf otherwise if absent and not appearing as aforesaid to be served with a Process to hear Judgement therein at such time and place as the Justices of the same great Sessions shall appoint 6. If a Bill of Costs awarded upon any hearing or otherwise be in difference between the Attornies the Register is indifferently to tax and allow the same and the order to pass according to his approbation therein without motion 7. That no motion in any cause after appearance entred be made by Councel or Attorney without notice first given of the purpose and intention thereof to the Councel or Attorney for the Party against whom such motion is to be made and that if any such motion shall be made before notice the same shall be of no effect and at every motion the last Rule in that cause to be produced 8. Where any Person shall be brought in by Process or shall appear gratis to be examined upon a Contempt he shall give notice of such his appearance to the Attorney of the other side and if within three Courts after such appearance or notice given Interrogatories shall not be exhibited to examine him or if being examined no reference shall be procured of his Examination then the Party so examined shall be discharged of the Contempts without further motion and attend the Register for taxing of Costs which the Register is to tax without further order Montgomery and Denbigh A Note of the Fees belonging to the Pr●●● thonotary of North-Wales in Causes real and mixed FOr every mean Process before Appearance ij s. For every Warrant of Attorney and Essoin severally iv d. For every Declaration Plea Reply Rejoynder Surr. Demur and joyning in Demur ij s. For every Issue joyned of either Party ij s. For every Pet. visum ij s. For every Imparlance ij s. For every Writ of Grand Cape ij s. Petty Cape ij s. View ij s. Sum. ad aux ij s. Sum. ad Warr. ij s. and other Judicial Writs ij s. For every Continuance ij s. viij d. For every Challenge to the Sheriff ij s. the like to either Coroner ij s. to all three in all vj s. For Challenge unto the Array ij s. For Affirmation or Quasat thereupon ij s. For every Ven. fac ij s. q. For every Hab. Corp. Distring c. ij s. viij d. For every Tales de Circumst ij s. For calling the Jury j s. For every Adjournment of Jury Remanet or Juror withdrawn by Assent of Parties ij s. For Verdict and Judgement iv s. For every privy Verdict v s. For Reading the Record ij s. For Reading the Evidence ij s. For every Non-suit iv s. For every Capt. by default ij s. For every Writ of Seisin ij s. For Slander the Fees for the most part concur with the precedent Fees as experience will inform Fees in Personal Actions above 40 s. Debt or Damages FOr the first Bill or Pone x d. For every second third Sum. or Distr vj d. For every Warr. of Att. and Essoin severally iv d. For every Adjourn ij d. For every Decl. viij d. For every Pet. Audit viij d. For every Li. lo. xij d. For every Bar and other Pleas xij d. For every long Plea entring Indent and Awards in heo Verba for every sheet viij d. For every ordinary Issue of either Party xij d. For every Non est factum xij d. Similiter inde iij s. For every Demurrer xij d. For Issue thereunto xij d. For every Continuance j s. iv d. For every Ve. fa. j s. ij d. For every Challenge Plea Quasat or Affirmat as before per piece ij s. For every Hab. Corp. j s. viij d. Voc. Jur. j s. Tales ij s. For every Adjournment of Jury Remanet or Juror withdrawn ij s. For Reading Record j s. For Verdict and Judgement ij s. For Non-suit ij s. For Capt. by default j s. For Ca. Sa. or Fi. fa. vj d. Personal Actions under 40 s. FOr every Summons Pone and Writs thereupon issuing iv d. Warrant Attorney iv d. Declaration iv d. Euery Issue iv d. Continuance viij d. Judgement viij d. After Issue joyned the Fees are taken as in the former Action above 40 s. For Awarding upon Record and making of every Writ of Retorn Habend ij s. Second Deliver ij s. Ca. in Wither ij s. Priviledge ij s. Procedendo ij s. Certiorari ij s. Elegit ij s. Scire fac ij s. Inquir de dam. ij s. Ha. Cor. cum Causa ij s. Duces tecum ij s. Distr Ballium ij s. Distr nuper vic ij s. Sum. severans ij s. Restitution ij s. Diminution ij s. Extent ij s. Mittimus ij s. Cap. ad Respondendum j s. Exigent j s. Cap. ult j. s For Recording the Appearance of every Person Arrested ij s. iv d. For every special Bail ij s. iv d. For Entring upon Record an Infants Admission to his Gardian or Procheyne Amy by the Court ij s. iv d. For a Deed Inrolled for every side of a Roll v s. For entring every Attornies name in the Roll when he is Sworn iij s. iv d. The Fees of Common Recovery with a single Voucher NArr vers tenant