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cause_n action_n court_n defendant_n 1,397 5 10.0062 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25338 The Ancient legal course and fundamental constitution of the Palace-court or Marshalsea together with the several charges of all proceedings there, and its present establishment : particularly set forth and explained : whereby it will appear of what great authority this court hath been in all times. 1663 (1663) Wing A3070; ESTC R37039 6,403 67

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may be held in any other fit place within 12. Miles of White-hall The Judges are the Lord Stewards of the Kings House and the Knight Marshal for the time being and the Steward of the Court or his Deputy The proceedings in this Court is by Capias or Attachment which is to be served upon the Defendant by one of the Knight Marshalls men who taketh Bond with such Sureties for the Defendants appearance at the next Court as he will answer for at his perill the Bayle are to be sufficient House-keepers within the Jurisdiction of the Court sufficient to the Action And these Processes are to be had at the Office of the same Court appointed by the Steward which every Minister of the Court or Marshalls-man can direct you to The Defendant upon his appearance must put in two sufficient House keepers living within the Jurisdiction of the Court to pay the Condemnation in Court which if he neglect to do the Plaintiffe may have the Bond taken for his appearance Assigned over to his use and so Arrest the Defendant and his Sureties The next Court after the Babyle taken and accepted of by the Plaintiffe the Plaintiffe ought to declare and set forth the cause of his Action and if he do not declare the Defendant may have an Execution against him for his costs and charges but if the Plaintiffe do declare against him then they go on to Issue and Tryall by a Jury who live within the Jurisdiction of the Court according to the course of the Common-Law In foure or five Court days commonly all your Actions come to Tryal so the proceedings of this Court are very quick and speedy and at small Charges The Actions tryed there are of Debt Trespasse Battery Slander Trover and all other Actions personal whatsoever The Fees of this Court I have here set down as they are inserted in the Letters-Patents The ordinary Fees of the Pallace Court of Westminster to be paid by the Plaintiff IMprimis for every Writ or Precept of Capias or Attachment to the Steward and Marshal One Shilling To the Prothonotary for Writing the Writ Two Pence To the Marshalls man for executing or serving it One Shilling Four pence The Attorneys Fee upon every Declaration Issue Venire Facias and Habeas corpora Juratorum One Shilling Eight pence For the Warrant of Attourney to the Prothonotary Four Pence For making of every Declaration and Entry thereof to the Prothonotaries Clerks One Shilling For the Fee of the Court upon every Declaration Issue and knowledge of Satisfaction to the Steward and Marshall One Shilling four pence For the marking and Filing of every Declaration and Entry of every Sasisfaction to the Prothonotary eight pence To the Prothonotary for entring of every Issue and every Verdict and Judgement One shilling The Cryers Fee upon every Issue Four pence For every Writ of Venire facias Habeas corpora distringas Juratores and for every other Writ of Execution and others One shilling and eight pence To the Prothonotary for writing of every of them Four pence For the Return of every one of them to the Prothonotary One shilling To the Marshalls Man for executing every Venire facias Two shillings For the executing of the Habeas Corpora and distring as Juratores to the Marshalls man One shilling and six pence To the Cryer for warning of the Jury Six pence For every Verdict and Judgement thereupon to the Steward and Knight Marshall Three shillings and Four pence To the Prothonotary for entring every Bail Five pence To the Keeper of the Prison thereupon A Penny For the Attourneys Fee upon every Bill of Issue Venire facias and Habeas Corpora Juratorum One shilling and eight pence For the Copy of every Declaration to the Prothonotary One shilling For every Issue on the Defendants part to the Steward and Marshall One shilling and Four pence For every Warrant of Attourney for the Defendant thereupon to the Prothonotary Four pence Accidental Fees FOr every Rule of Court to the Prothonotary Four pence For the Drawing of every Declaration Plea Rejoynder Sur-rejoynder Moratur in Lege for every Sheet to the Prothonotaries Clerk Four pence For the Inrolment thereof to the Prothonotary for every Sheet Eight pence For every Writ of Subpena to the Steward and Marshall Two shillings For the writing thereof and of every decem tales and of every Retraxit to the Prothonotary Six pence For the allowing of every Writ of Procedendo to the Steward and Marshall One shilling and eight pence For the Entry thereof and of every Continuation and for the Assigning of an Obligation for Appearance on Record to the Prothonotary Eight pence To the Marshalls man for keeping the Jury One shilling To the Hall-keeper One shilling To every Councellor at Law for his Fee Five shillings To the Cryer for Proclamation of every Jury Six pence To the Attourneys Clerk for every Bill of Costs Eight pence For ordinary Fees to be paid by the Defendant FOR the Knight-Marshalls Fee upon every Arrest Three shillings and Six pence To the Prothonotary thereupon Ten pence To the Keeper of the Prison thereupon Four pence To the Turn-key thereupon Four pence For every Bail in Court and every Bill to the Steward and Knight Marshall One shilling and Four pence For executing every Writ of Scire facias to the Cryer One shilling For the Copy of every Record to the Prothonotary for every Sheet thereof Four pence To the Cryer for every non pros four pence For every Venire facias Habeas corpora or Distring as Juratores per proviso to the Steward and Knight Marshall One shilling and Eight pence For writing thereof to the Prothonotary Four pence For executing thereof to the Cryer Two Shillings For the Return thereof to the Prothonotary One shilling For the keeping the Jurors thereof to the Cryer One shilling For every Non pros and every Allowance of Habeas Corpus Writ of priviledge Supersedeas and every other such like Writ to the Steward and Marshall One shilling and Eight pence For the Entry of every one of them on Record to the Prothonotary Eight pence For the Return of every such Writ to the Steward and Marshall One shilling and Four pence For writing the Return thereof for every Action to the Prothonotary One shilling For the Allowance of every Writ of Error to the Steward and Marshall One pound For the Prothonotary for Entry thereof Two shillings For every Writ of Supersedeas Two shillings and Six pence For Certifying of Records to the Prothonotary for the writing of every Roll of Parchment thereof Six shillings and eight pence For Correction of every Prisoner in Execution to the Keeper of the Prison One shilling and Six pence For the Prothonotaries Clerk's Fee thereupon One shilling and Six pence To the Turnkey thereupon One shilling Four pence For the Prothonotaries Clerks Fee for the Entry of the Cause of Suit and Release of every Prisoner Four pence Upon every