Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	bring_v	court_n	1,467	5	7.0320	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A78485	Certaine proposals of divers attorneys of the Court of Common-Pleas, for the regulating the proceedings at law, and remedying some inconveniences: whereby the clyent will be much secured, the processe shortned, the greatest part of the charge of most suits abated, many unnecessary suits in law and equity prevented, and the creditor and purchaser well provided for: and thereby lending, trade and commerce advanced: which is the end and desire of the proposers. / Presented to the honourable committee for the regulating proceedings in law Decemb. 5. 1650.		1651 (1651)	Wing C1728; Thomason E622_7; ESTC R206432	18,583	22

in forme aforesaid that then Rules having been duely given in Court to that purpose judgement shall be given against such Defendant by his default and that in all personall actions issues may be returned upon the Venire facias The proceedings to triall upon the Venire facias wil bring many causes to triall a Terme sooner and wil ease the charge about 4 s. 11 d. in a Cause Writs of nisi prius awarded and trials had tales de circumstantibus granted thereupon as formerly upon the habeas corpora distring as jurat provided the Jury be returned ten daies at least before the trial of the cause and that no Essoyne shall or may be allowed upon the returne of any of the said Writs of summons or venire facias and in all other proces the ancient course to be observed which is onely proposed by way of supplement It is not proposed that the Writ of Capias shall be taken away first because many persons have no certain places of abode Secondly the way of summons being a new manner of proceeding the proposers doubt the successe may not answer their intentions and expectations Thirdly because in some cases the party plaintiffe may have just cause to require speciall baile of which if deprived he would be in danger to lose the benefit of his suit and therefore the proposers humbly conceive it better by finding out neerer and cheaper waies to bring the old road to be neglected then to deprive the suiter of the old before he hath experience of the new and not to take away the ancient course of proceeding by way of Capias and Exigent if the case require it But if so then the Exigent to be awarded upon the returne of the first Capias as formerly upon the plur Capias and as it is now used after judgement And for encouragement of the Shieriffs in the due execution of the said processe They humbly propose that the like Fees may be paid upon the Venire facias for summoning the Jury as formerly upon the Distringas jur habeas corpora and that two shillings foure pence may be paid for every Summons to be made the Shieriffe undertaking to doe the same in due time viz. foure pence for a Warrant twelve pence to the Baily that makes the Summons and twelve pence for the Shieriffs regard And that he shal receive likewise twelve pence for the returne of every Summons duely made and that the Plantiffe may lay his Action in the proper County where the cause of Action shall arise notwithstanding the Summons goe out into a forraigne County where the parties dwel and that without the delay of testatums and that so all succeeding processe may issue into any County without testatum 3. They humbly conceive the recovery of Rents The Processe In Replevin at this day is so delatory that if the Plaintiffe will who upon the matter is defendant he may delay the Avowant two or three yeers for after long delay in the County Court he may make a long and delatory defence after removall and discend to issue and triall and then become Nonsuit whereupon the avowant shal have a Returna bahend the Processe whereupon wil spend wel nigh a yeere and then the Plaintiffe may sue a second deliverance which supercedes the avowants Processe and puts him to a new proceeding to triall which wil spend a great part of another yeere but by the course proposed three Terms wil dispatch the businesse as in other cases Services damages for Trespasses and other duties by way of distresse is both a ready and ancient course and prevents many unnecessary suits but by the intricate and prolix processe thereof the same is very much abused and from thence neglected They therefore humbly propose that a nonsuit in a Replevin may be perem ptory against the Plaintiffe and that if the same shall happen upon triall the Jury sworne for triall of the issue may inquire of the Avowants damage But if otherwise then a Writ to enquire of damage to issue and finall judgement to be thereupon given in both cases and that against the Defendant like processe may issue by way of Summons and judgement had as aforesaid without the unnecessary proceedings in the County Court 4. They humbly conceive that the long delay that reall Actions admits is the occasion One halse of all trials on Ejectments fall off upon some defect or other in these points which reach not at all to the merits of the cause that all titles where the entry is not taken away have of late beene tryed in Ejectments which for that purpose are very usefull but there being so many circumstances in sealing the Lease entry and ouster necessary to be proved upon tryall that many tryals have and continually doe miscarry thereby to the great delay and dammage of the Clyent they therefore humbly propose that all Ejectments shall be brought against the present Tennants and occupiers of the Lands in question against whom such processe by way of Summons shall issne as aforesaid And that upon triall of the issue the Lease entry and ouster shall be admitted and the title onely insisted upon and that for the better setling Possessions according to right and by the Common Law it may be provided that if any person or persons after any possession shall be delivered by Writ of hered This is proposed to settle the possession by the Common Law for at this day after the Clyent hath setled the title at Law which often proves tedious enough he cannot settle the possession without a Decree in Chancery and here is no provision made for those that enter to make Leases for triall of titles because they may proceed by Summons against the Tenant of the Land if they wil according to the second Proposall facias possessionem or other legall processe shall again oust the party or voluntarily distribute the possessions so delivered without legall processe warranting the same that then a Writ in the nature of a Writ Redeseisme may issue to the Sheriffe to re-establish the possession in the Plantiffe and to give dammage c. as in case of Redeseisme hath been used 5. They humbly conceive that the Common Barre and new assignment in actions of trespasse The Common barre and new Assignment puts the Clyents in every Action of trespasse quare clausum fregit that comes to triall to at least twelve shillings charge and may be supplied by three or foure words in the Declaration and put the Clyent to no charge at all and the recitall of the Writ in many Actions almost doubles the charge to the Clyent and is uselesse quare clausum fregit and the recitall of the Originall Writ in actions of trespasse and upon the Case and severall other actions are superfluous things and infinitely increase the charge of the Clyent They therefore humbly propose that in all Actions of Trespasse quare causum fregit the place may be