Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n call_v court_n judge_n 1,450 5 7.1812 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A80381 The Continuance of the High Court of Chancery vindicated, to be absolute necessary, (the abuses and corruptions being removed,) and the removal thereof, and the perfect reformation of the proceedings in that court, proposed in several bils weekly, or more often, intended to be published. By many citizens, and others of the Common-wealth, well-knowing of such abuses. 1654 (1654) Wing C5956; Thomason E809_7; ESTC R207561 4,824 8

There is 1 snippet containing the selected quad. | View lemmatised text

The continuance OF THE HIGH COVRT OF CHANCERY vindicated to be absolute necessary the abuses and corruptions being removed and the removal thereof and the perfect Reformation of the proceedings in that Court Proposed in several Bils weekly or more often intended to be Published By many Citizens and others of the Common-wealth well knowing of such abuses LONDON Printed for Lawrence Chapman in the Strand neer the Savoy 1654. Bill I. For remedy against untrue and unjust Reports by Masters of the Chancery and other Referrees WHereas Masters of the Chancery and other Referrees of late years have been much complained of for taking Rewards and thereby many times carrying businesses the wrong wayes and for extraordinary and unwarranted Fees or so called taken by them which hath occasioned much trouble perplexity charge and delaies in divers Suits for many years For remedy whereof it is proposed to be desired that it may BE Enacted that if any Master or Referree shall make any Report or Certificate contrary to the Books Writings or Notes shewed him which by his Order he shall have power to view or peruse or Copies of Bils Answers or Depositions or other things taken in or concerning the cause to him referred Or that if such Master or Referree shall not report so much for the benefit of the party upon whose Motion any matter shall be referred to him Or for the other Party Plaintiff or Defendant in his Order of Reference as the Counsel learned in the Law Attorney or Solicitor of either party shall shew make appear unto him the Matter so to be reported to be necessary to be reported or certified then every such Master or Referree shall forfeit and pay unto the party grieved or to be grieved thereby 100 l and double dammages with costs of Sute to be recovered by Action of Debt c. Provided that before the commensing of any such Action or c. the party or parties finding him her or them self or selves grieved by such Report or Certificate shall within one moneth next after the fileing or delivering the same into the Court where such Order of Referrence shall be made Or the Office of such Court proper for receiving of such Reports or Certificates give notice unto such Master or Referree or Referrees and require him or them to alter amend or procure to be altered or amended such Report or Certificate And that if such Master or Referre or Referrees do or shal alter or amend or cause to be altered or amended such Report or Certificate or notifie or declare unto the party or parties by or for whom such notice or Declaration be or shall be so given unto such Master or Referree that he will move the Court where such Order was made or entred deliver or cause to be delivered to him her or them a Copy in writing of such Notification or Declaration and the matter of such thing to be moved within dayes then next following and receive and take such matter in writing as such party so supposing to be grieved do or shall within dayes next from thence alledg to impeach damn or overthrow such Report or Certificate and cause both the same matter so to be alledged on both fides to be delivered into the Court to which such Report or Certificate shall be or to be made wherin there be or shall be two or more Judges or Justices of the one Bench or the other sitting and there have equall power with such others who do or shall fit there to give their Votes to be read then if such Report or Certificate be or shall be by such Court so supplied or assisted or so to be approved of c. the same to stand firm and stable and not to be reversed or dissolved but by the Supream Power and such Master or Referree or Referrees not to be questioned for doing the same but justified therein and have their reasonable costs to be sustained in that behalf of the party or parties unjustly vexing them upon such occasion Bill II. For avoiding of many unnecessary Hearings in Chancery and mittigation of the Charges in divers others And speedy tryall and finding out the truth of every Deposition of which any doubt shall arise VVHereas in and after divers Hearings in the High Court of Chancery and other Courts called English Courts or Courts of Equity upon Debate of Counsel learned on both sides there hath hapned in divers Causes in these Courts such doubt of the truth in many of those Causes that such Courts have been so cautious and tender in and concerning the same that those Courta have not thought meet or convenient to make any final Order or Decree in such Courts in such causes but have Ordered an Action to be con●●lved and drawn and a Plea thereunto to be pleaded and an Issue to be taken thereupon of the matter of the doubt of such truth and then accordingly the Jury or Jurors have found and given a Verdict thereupon And then such Courts have made final Orders or Decrees for the same which course hath been accounted applauded and commended to be very good and beneficial for the Publique few or none have found fault or themselves grieved therewith but only have complained of the excessive charge there For establishing of the Benefits before mentioned and avoiding of the excess aforesaid It is proposed to be destred that it may 1 BE Enacted that if either Complainant or Complainants D●fendant or Defendante his or their Commissioners do or shall misdoubt the truth of any matter thing or things being matt●r of Fact or D●ed done to be tryed by J●rors and not by Record deposed by any such Witness or Witnesses and refuse to agree the same for Truth then an Action or Actions of or upon the Case Trespas● or Debt may or shall be drawn wherein such ma●ter thing or things may or shall be alledged to be true by such either Complainant or Complainants Defendant or Defendants who do or will endeavour to maintain the same to be true And that the other of such Complainant or Complainants Defendant or Defendants who do or wil endeavour to maintain the same matter thing or things not to be true shall answer or plead in barr thereof that such matter thing or things is not or was or are not or were not true according as the same is or was are or were alledged And that Issue or Issues may or shall be thereupon joyned and one such Action shall be for such matter thing or things which is or was are or were or shall be done or acted in the same County where such matter thing or things is or was are or were or shall be acted or done whether or not such matter thing or things is or was are or were as shall be l●cal or transitory unless such Complainant or Complainants Defendant or Defendants shall alledg and make it appear by Oath that the other or others of them be or shall be powerful in