within eight days after such Demurrer put in amend or alter it and pay the costs then the Demurrer shall stand to be determined in Court and if the same be ruled against the Plaintiff he shall pay the ordinary costs for over-ruling a Demurrer If the Plaintiff or his Attorney in Court shal within eight days after a Demurrer filed give notice to the Defendent or his Attorney in Court under either of their hands that the Plaintiff doth admit the Demurrer to be good and shall pay the Defendents Attorney or his Clerk in Court forty shillings costs then the Defendent shall not need to attend his Demurrer but the Bill shall stand dismist of course without Motion unless the Parties or their Attorneys on both sides shall agree to an amendment of the same but such dismission is to be no Bar to a new Bill to be exhibited by the Plaintiff Answers AN answer to a matter charged as the Defendents own Fact must regularly be without saying to his Remembrance or as he Believeth if it be laid to be done within seven years before unless the Court upon exception taken shall find special cause to dispence with so positive an Answer And the Defendent deny the Fach he must traverse or deny it as the cause requires directly and not by way of Negative pregnant As if he be charged with the receipt of a summe of Money he must deny or traverse that he hath not received the summe or any part thereof or else set forth what part he hath received And if a Fact be laâ—â— to be done with divers circumstances the Defendent must not deny or traverse it literally as it is laid in the Bil but must Answer the point oâ— substance positively and certainly When the Defendent hath answered the Plaintiff is to be well advised upon the answer and if he shall find that upon the answer alone without further proof there be sufficient ground for a final Order or Decree the Plaintiff may procure his Attorney to present the same in course to be set down to be heard upon Bill and Answer without further lengthning of the cause but in case the Court shall not find grounds to make a Decree or final Order thereupon the Bill shall be dismissed with costs or the Plaintiff admitted to reply if he desire it first paying down 5. li. costs to the Defendent or his Clerk which if he shall not do in four dayes after such hearing then the dismission to stand and the conclusion of the Order upon hearing is to be penned by the Register accordingly that the said Bill stand dismissed without any further order or direction and then such dismission shall be a good plea in Barr of any new Bill for the same matter If a hearing be prayed upon a Bill and Answer the answer must be admitted to be true in all points and no other evidence to be admitted unless it be matter of record to which the answer refers and is proveable by the record The Plaintiff is therefore to be well advised therein that the Court be not put to an unnecessary trouble and himself to a certain charge in bringing his cause to hearing which will not bear a Decree When as the Defendent hath put in an Answer if the Plaintiff hath proofs for the matters denied he is not to insist upon the insufficiency of the answer if the same be good to a common intent but proceed to replication and proof to avoid charge and expence of time in cavilling with answers If exceptions be put in to an Answer after the Term the Defendent shall not be compelled to stay in Town to attend the Plaintiffs exceptions but shall have time to answer untill the fourth day of the next Term unless the Court shall find special cause to hasten it and shall so order in open Court When a Plaintiff excepteth to a Defendents Answer he shall set down his exceptions in writing and the same Term the answer is filed or within eight daies after that Term deliver the same exceptions to the Councel whose hand is to the Answer or to the Defendents Attorney in Court and if the Defendent shall within the times before limited respectively satisfie the plaintiff of the invalidity of those exceptions or put in a perfect or better Answer and pay xx s. costs then the Plaintiff may reply thereunto But if the Defendent shall fail to do the same or put in a second insufficient answer then the Plaintiff may get the said answer or answers referred and if the same shall be ruled insufficient the Defendent shall pay forty shillings cost and in case the Plaintiff shall procure a reference of the answer and the same be ruled good the Plaintiff shall pay the Defendent forty shillings costs If the first Answer be certified insufficient as aforesaid the Defendent shall pay forty shillings costs if the Answer were put in in person but if the same came in by Commission the Defendent shall pay fifty shillings costs and no new Commission shall be awarded for taking any second Answer unless it be by Order made in Court and Affidavit made of the parties inability to travel or other good matter to satisfie the Court touching that delay and first paying the costs of such insufficient Answer or by the Plaintiffs own assent for the expediting of his Cause If the second answer be reported insufficient unto any of the points formerly certified which are only to be insisted upon without any new exceptions the Defendent shall pay three pounds costs and upon the third answer four pounds costs and upon a fourth answer certified insufficient he shall pay five pounds costs and be examined upon interrogatories to the points reported insufficient and shall be committed till he hath perfectly answered those interrogatories and payed the costs in respect of the great vexation and delay which in such case will happen to the Plaintiff If upon perusal of the answer the Plaintiff shall find it will be necessary to make proof of one or few particulars then the Plaintiff is to reply to those particulars only and not draw into pleadings and proofs any more then the points necessary to be proved And in case upon the hearing it shall appear that the Plaintiff might have had as full relief on Bill and Answer the Plaintiff shall not only go without costs but shall pay the Defendent good costs to be assessed by the Court albeit he be relieved upon the merit of his cause in respect of the Defendents needless vexation If a Bill be regularly and justly dismist of course or by order for want of prosecution no motion shal be admitted for the retainer thereof without a Certificate from the Defendents Attorney in Court that the costs of the dismission are paid to the end unnecessary charge to the parties by several motions for one and the same matter may henceforth be avoided Examination of Witnesses IN
the reasonable charge of the other side both of renewing executing the Commission to be ascertained by Oath and the other side shall be at liberty to cross examine the Witnesses produced by him that reneweth the Commission But if he shall not only cross examine the Witnesses of the adverse party but examine new Witnesses he shall bear his part of the charge If at the instance of a Defendent a Commission to examine Witnesses be renewed either for a default by him or his Commissioners or because he did not examine all his Witnesses by the first Commission he shall at his peril examine all his Witnesses by such renewed Commission or in Court by the return of such Commission without more or further delay and no more Commissions to issue except for examination beyond the seas by Order in Court or by consent of the Attorney Upon the return of a Commission if the same be executed by both parties one rule only shall be given for Publication and if the said Commission be not renewed or another obtained by the Plaintiff or Defendent within that time then Publication shall pass and no Commission shal be afterwards granted or renewed without special Order in Court Upon the taking out of copies of Depositions examined in Court or by Commission either by the Plaintiff or Defendent no Fee shall be taken by the Six Clerks or the Examiner for the copies either of the Plaintiffs or Defendents rerespective Interrogatories save only the Clerks usual Fee for the writing thereof Depositions of Witnesses in several causes which are meerly cross causes viz. between the same parties and touching the same matter may be used at the hearing of both causes coming to hearing together without any motion or order in that behalf Where either party Plaintiff or Defendent obtaineth an order to use Depositions of Witnesses taken in another cause the adverse party may likewise use the same without motion unless he be upon special reason shewed to the Court by that party first desiring the same inhibited by the same order so to do No motion shall be made in Court or by Petition for suppressing of Depositions as irregularly taken until the six Clerks not toward the cause have been first attended with the complaint of the party grieved and shall certifie the true state of the Fact to the Court with their opinion if the Attornies or Clerks on either side shall not for the ease of their Clients agree before them for which purpose a rule for attendance of the six Clerks in such case shall be entred of course with the Register at the desire of the party complaining which shall warrant their proceedings and certificate to the Court Proces EVery Subpoena to answer shall be served personally or left at the Defendents dwelling house or place of residence with one of that family and no Clerk of this Court shall issue any attachment for not appearing but on Affidavit first made positive and certain of the day and place of such service of the Subpoena and the time of the return thereof whereby it shall appear that such service was made if in London or within twenty miles four days at the least excluding the day of such service and if above twenty miles then to have been eight days before such Attachment entred and that such Attachment shall not be discharged but on payment of twenty shillings costs if the service be personal and ten shillings if othewise and so the succeeding Proces to be double Every Subpoena to make a better answer shall also contain a clause for payment of the costs ordinary in that behalf and the Suitor not be put to take out several Writs nor prosecute several contempts as in that case hath been used and if upon the service of such Subpoena the costs be not paid the answer of such Defendent shall not be received or filed unless the said costs be also delivered and paid to the Plaintiffs Clerk together with the said answer but Proces of contempt shall issue in that case as for want of an answer at the return of the said Subpoena A Subpoena ducens tecum when the Defendent confesseth in his Answer the having of any writings material to be examined upon or confest to belong to the Plaintiff may be taken out by the Plaintiff of course without motion for the Defendent to bring them into Court or shew cause c. But if the Defendent either confess not the having them in his hands or makes his title by them or to them by his Answer he shall be excused from any contempt although he neither bring them into Court nor shew cause and if the Plaintiff shall notwithstanding prosecute a contempt in that behalf and the case upon the Defendent his answer appear to be such he shall be thereof discharged and have his costs The Subpoena ad audiendum Iudicium shall be served either on the person of the Defendent or left at his dwelling house where his Family then resides or in case oath be made that he cannot be found to be served personally and that he hath no certain dwelling or is beyond the Seas the Court will Order the leaving of a Subpoena with his Attorney in this Court to be a sufficient service All Proces of contempt shall be made out into the County where the party prosecuted is resident unless he shall be then in or about London in which case it may be made into the County where the party then is And if any person shall be taken upon Proces otherwise or irregularly issued the party so taken first appearing unto and satisfying the Proces which did regularly issue against him shall be discharged of his contempt and have his full costs to be taxed of Course by the six Clerks not towards the Cause for such undue or irregular prosecution from the time that the error first grew without motion or other order Every suitor who prosecuteth a contempt shall do his best endeavour to procure each several Proces to be duly served and executed upon the party prosecuted and his wilfull default therein appearing to the Court such person offending shall pay unto the party grieved good costs and lose the benefit of the Proces returned without such endeavour That all Attachments in Proces shall be discharged upon the Defendents payment or tender to the Plaintiffs Clerk and refusall of the ordinary costs of the Court and filing his Plea Answer or Demurrer as the case regularly requires without any motion in Court in that behalf And if after such conformity and payment of the costs or tender and refusal thereof any further prosecution shall be had of the said contempt the party prosecuted shall be discharged with his costs Commissions to answer AFter a contempt duly prosecuted to an Attachment with Proclamation returned no Commission shall be made to Answer nor Plea or Demurrer admitted but upon motion
in Court and Affidavit made of the parties inability to travel or other good matter to satisfie the Court touching that delay The Defendent who is served with a Subpoena ad respondend and obtaineth a Commission to answer in the Countrey shall without more words have the same liberty thereby to Answer Plead and Demur as he had by the original Proces if he could have appeared in person After a Commission once obtained to answer no second Commission shall be granted without speciall Order of Court or the Plaintiffs own assent under his hand And if the time for the Defendents answering be inlarged upon Affidavit that he or they cannot answer without sight of Writings in the Country or in respect of the length of the Bill or the like which shal not be without special Order in Court no Commission shall be afterwards granted without like speciall Order of Court upon good reason shewed to induce the same or the like assent of the Plaintiff In case where the Defendent sits all Proces of contempt and cannot be found by the Serjeant at Arms or makes a rescue a Sequestration shal be granted of the land in question And if the Defendent render not himself within a year then an Injunction for the possession and the profits so sequestred to be delivered over to the Plaintiff Injunctions FOr that it is agreeable to equity and the constant practise of this Court that a Defendent obtaining a Commission to take his Answer in the Country should not by that delay or favour of the Court get an advantage against the Plaintiff by proceeding at Law in the mean time it is Ordered that from henceforth every Commission to take an Answer in the Country shall contain in it a clause of Injunction to stay the Defendents suit at Law if any be touching the matter complained of in the Bill untill he hath answered the Bill and the Court given other Order so as issue were not joyned at Law before the return of the Subpoena served upon the Defendent and in that case to stay judgement for the like time so that the taking of such Commission under seal shall be a sufficient notice and service of the said Injunction without motion or other trouble to the Plaintiff whereupon for breach to ground an Attachment upon Affidavit of a proceeding at Law after the Commission prayed No Injunction to stay Suits at Law shall be granted upon priority of Suit onely nor upon the bare surmise of the Bill but upon the Defendents delay or wilful contempt in not Answering or upon matter confessed in the Answer or matter of Record or writing plainly appearing or the duty demanded appearing to be very ancient Where a Bill comes in after a Verdict a Law for a debt an Injunction is not to be granted without depositing the principal money except there shall upon hearing both sides appear to the Court in the Defendents answer or by deed under hand and seal or other good matter for relief in equity And an Injunction granted in such case or otherwise upon the merit of the cause or equity appearing to the Court is regularly to stand until the hearing of the cause unless the Plaintiff delay the cause in which case he may best be quickned by dissolving the Injunction For avoiding multiplicity of references heretofore used and charge to the suitor It is Ordered that where a motion is made for an Injunction to stay a suit at Law upon allegation of matter of equity confest in the answer the Councel moving the same shall have that suggestion fair written in his hand and reade or truly open the same to the Court and if the Court hold that matter of sufficient weight will thereupon grant an Injunction as is desired without reference report or further motion and then the Register is in Court to receive the said suggestion so fairly written and insert the same verbatim in the Order for granting the Injunction But if the said suggestion be untrue in the substance thereof upon construction of the whole Answer and the Defendent be prosecuted by the Plaintiff for breach of the Injunction granted thereupon he shall be clear from any contempt in that behalf and have his costs and such Councel shall justly incurr the displeasure of the Court Where an Injunction to stay suits is obtained upon a misinformation made to the Court as of matter confessed in the Defendents Answer which in truth is not so confessed or if confessed in one place is avoided in another part of the Answer or upon other such like plain abuse to the Court in that case the party prosecuted with contempt for breach of such Injunction shall upon his examination the matter appearing as aforesaid be discharged of any contempt although he hath proceeded at Law after such Injunction granted and also have his costs taxed for his wrongful vexation by the same Master to whom the contempt shal be referred without other motion in Court which also shall be done in like cases where a contempt stands referred to a Master of the Court he shall tax costs and certifie the same in his report to the Court together with his opinion touching the contempt as well for the prosecutor in case the contempt be confessed or proved as for the party examined if he be cleared thereof For avoiding the many motions heretofore frequently made touching dissolving and continuing Injunctions it is Ordered That when an Injunction is granted till Answer and further Order if no Order be made within fourteen days after the Answer duly filed in Court for continuance of the Injunction the same shall stand dissovled without further motion upon Certificate only of the Register Injunctions to quiet possession usually granted for preservation of the publike peace and prevention of force shall not be granted before hearing but upon oath that the Plaintiff was in actual possession at the time of the Bill exhibited and not of Rents or other things which lie not in manual occupation and for such possession as the Plaintiff himself had at the time of the Bill exhibited and three years before but not to be extended further to the possession of such from whom he claims or of him and his Tenants much less him and his Assigns or the like Which Injunction shall not be extended to give the Plaintiff any other possession then he had at the time when the motion was made And such Injunction in case the Plaintiff delay to bring his cause to hearing is also to be dissolved No Injunction to quiet such possession shal extend to hinder the Defendents proceedings at Law to evict the Plaintiff or from making any lease or peaceable entry or single distress for that end No possession shall be taken from any person by colour of any such Injunction before the cause be heard And if any be the Court will restore possession and award costs Injunctions
against felling of timber ploughing up of Meadow or ancient pastures not ploughed in twenty years before or for maintenance of Inclosures that have continued for the better part of twenty years shall be granted as usually they have been but no Defendent who by Answer claims an estate of Inheritance or other estate dispunishable of wast shall be thereby restrained unless it be particularly so Ordered and mentioned in the said Injunction And upon motion made for such Injunction the case is to be truly opened as it stands in Court and the Defendents Claim by his Answer if he have answered When the day is appointed for setting down causes for the following Term the six Clerks shall present the Causes according to their priority in Publication to be set down in their Order so as the old Causes may be first heard and dispatched And for that purpose with the names of each Cause they shall present the time when Publication passed with a short note of the nature of every such cause presented And accordingly the Court will give order for setting them down so that puyne Causes shall not thrust out those that were ready for hearing before them Provided that no Cause be presented the same Term in which Publication shall pass Where no Councel appears for the Defendent at the hearing and Proces appears to have been duly served the Answer of such Defendent shal be read and if the Court upon such hearing shall find cause to Decree for the Plaintiff yet a day shall regularly be given to the Defendent to shew cause against the same but before he be admitted thereunto he shall pay down to the Plaintiff or his Attorney in Court such costs as the Court upon that hearing shall assess and the Order is to be penned by the Register accordingly viz. it is decreed so and so c. unless the Defendent shall by such a day pay to the Plaintiff or his Attorney in Court costs and shew good cause to the contrary such Defendent upon his shewing cause shal first produce a Certificate from the Plaintiffs Attorney in Court that he hath paid the costs or Affidavit of tender and refusal thereof The reasons of the judgement of the Court are in such case where the Defendent makes default to be by the Register shortly inserted in the Order that the Defendent may know how to apply his cause without a new hearing but if the Court shall not receive satisfaction thereupon to alter or confirm the decretal Order but that a new hearing shall be requisite the Defendent if the Court shall confirm their first Order upon the second hearing shall also pay the Plaintiff his full costs expended in the suit If the Court upon the hearing of a Cause shall give no relief to the Plaintiff the Defendent shall have costs awarded him in respect of his causless vexation And where a Decree is made against a Defendent the Court will likewise give costs to the Plaintiff as there shall be cause Where costs are awarded by the Court and the party shall refuse to pay them and be afterwards prosecuted and found in contempt for not paying of them he shall not be discharged of such his contempt until he shall pay the said costs double over and besides the costs taxed for the prosecution of the said contempt Where Causes are removed by special Certiorari upon a Bill containing matter of equity the Plaintiff is before he have the Certiorari granted to put in bond to be taken by the Register to prove his suggestions within fourteen days after the receipt of his Writ which if he shall fail to do upon certificate from the Examiners that no Witnesses are examined or upon a report that the suggestions are not proved the Court will dismiss the Bill with costs and award a Procendo Decrees NO Decree bindeth any man that cometh in bona fide by conveyance before the Bill exhibited and is made no Party either by Bill or Order But where he claims in trust for such person against whom the Decree is made or comes inpendente lite without allowance or privity of the Court it is otherwise No Decree shall recite the Bill Answer pleadings or Depositions or any of them verbatim but onely the short state of the matter and the decretal Order and the opinion and judgement of the Court No Decree being once under the Great Seal shall be reversed or altered at the suit of the person against whom the Decree is made or any man claiming in privity by from or under him but by Bill of review only But in case of mistaking in a Decree which is demonstrative viz. an errour in auditing or numbring mistaking the date or the like by the leave of the Court the same may be certified without a Bill That all Decrees and dismissions pronounced upon hearing the cause in this Court be drawn up signed and enrolled before the first day after the next Michaelmas or Easter Term after the same shall be so pronounced respectively and not at any time after without special leave of the Court That a short entry and Docquet be made in a Register Book kept by the Register of this Court or such Clerk as he shall appoint for that purpose of all Decrees that are drawn up and enrolled whereby any Lands or Lease is decreed or charged with any sum of money annuity c. and of the Lands in particular and the Parish or Town and County where the same lie to the end that any person that hath occasion may resort to that Register Book to see whether any Decree be made touching such Lands Houses c. and in case no such entry be made within six Months after such Decree shall be signed by the Lords Commissioners for the great Seal and enrolled the same shall not prejudce any Purchaser who shall bona fide purchase any Estate in such lands houses c. after the time limited for such entry to be made That the six Clerks and all other Clerks of this Court do therefore take care for their Client that such entry be made of all Decrees by them drawn up and enrolled by the time before limited that the Client do not suffer through their neglect And that the Register shal take only the Fee of twelve pence for such entry twelve pence for a Certificate and four pence for a search where no Certificate is made In case of a Decree for Lands upon Oath made that the same hath been personally served and is not obeyed and an Attachment is issued under Seal for such contempt the Court doth usually grant an Injunction for the possession and upon oath made of the serving thereof upon the party and that the same is not obeyed a Commission is to be awarded to some of the Justices of the Peace of that County to put and keep the Plaintiff and his Assigns in possession and in case
Imprimatur Hen Scobell Cleric Parliament A COLLECTION Of such of the ORDERS Heretofore used in CHAVNCERY With Such Alterations and Additions thereunto as the Right Honourable the Lords Commissioners for the GREAT SEAL of ENGLAND By and with the advice and assistance of the Honorable the Master of the Rolls Have thought fit at present in Order to a further Reformation now under their Lordships Consideration to Ordain and Publish FOR Reforming of several Abuses in the said Court preventing Multiplicity of Suits Motions and unnecessary Charge to the Suitors and for their more expeditious and certain course for Relief London Printed by Robert White for Francis Tyton and are to be sold at his shop at the three Daggers near the Inner-Temple Fleetstreet 1652. Pleadings THat no Councellor do put his hand to any Bill Answer or other Pleading unless it be drawn or at least perused by himself in the paper-draught before it be engrossed which they shall do well for their own discharge to sign also after perusal And Councel are to take care that the same be not stuft with Repetitions of Deeds Writings or Records in Haec Verba but the effect and substance of so much of them only as is pertinent and material to be set down and that in brief terms without long and needless traverses of points not traversable tautologies multiplication of words or other impertinencies occasioning needless prolixity to the end the ancient brevity and succinctness in Bils and other Pleadings may be restored and observed Much less may Councel insert therein any matter meerly criminous or scandalous under the penalty of good costs to be laid on such Councel and payd to the party grieved before such Councel be heard in Court Pleas and Demurrers FOrasmuch as the Defendent being served with Proces to answer may by advice of Councel upon sight of the Bill only be enabled to demur thereunto if there be cause or may by like advice be enabled to put in any just plea which he hath in disability of the person of the Plaintiff or to the Jurisdiction of the Court It is therefore Ordered That such Demurrer or such Plea in disability or to the Jurisdiction of the Court under the hand of Councel learned shall be received and filed although the Defendent do not deliver the same in person or by Commission and therefore if the Defendent shall pray a Commission and thereby return a Demurrer only or only such Plea which shall be afterwards over-ruled the Defendent shall pay five Marks costs and although it be allowed the Defendent shall have no costs in respect of the Plaintiffs needless trouble occasioned by such commission No Demurrer shall be said to be received or to be of effect in Court until the same be filed to the Bill in the custody of the six Clerk being the Plaintiffs Attorney No more shall any Bill Answer or other Pleading be said to be of Record or to be of any effect in Court until the same be filed with such of the six Clerks with whom it ought properly to remain Every Demurrer shall express the several Causes of Demurrer and shall be determined in open Court And such Pleas also as are grounded upon the substance and body of the matter or extend to the Jurisdiction of the Court shall be determined in open Court And for that purpose the Defendent is to enter the same with the Register within eight days after the filing thereof or in default of such entry made the same shall be disallowed of course as put in for delay and the Plaintiff may then take out Proces to enforce the Defendent to make a better answer and pay forty shillings costs and the same shal not afterwards be admitted to be set down or debated unless upon special reason shewed to the Court before such Proces to make better answer be taken out it shall be otherwise ordered by the Court And if any cause of Demurrer shall arise and be insisted on at the debate of the Demurrer more then is particularly alledged yet the Defendent shal pay the ordinary costs of over-ruling a Demurrer which is hereby ordered to be five Marks if those causes which are particularly alledged be disallowed although the Bill in respect of that particular so newly alledged shall be dismissed by the Court A Plea of Outlary if it be in any Suit for that duty touching which relief is sought by the Bill is insufficient according to the Rule of Law and shall be disallowed of course as put in for delay and the Plaintiff may notwithstanding such Plea take out Proces to enforce the Defendent to make a better answer and pay five Marks costs Otherwise a Plea of Outlary is always a good Plea so long as the Outlary remaineth in force and therefore the Defendent shall not be put to set it down with the Register And after the said Outlary reversed the Defendent upon a new Subpoena served on him and payment unto him of twenty shillings costs shall answer the same Bill as if such Outlary had not been But if the Plaintiff conceive such Plea of Outlary through mispleading or otherwise to be insufficient he may upon notice given to the Clerk on the other side set it down with the Register to be debated with the rest of the Pleas and Demurrers in Course but if the Plaintiff shall not in such case enter it with the Register within eight dayes after the same shall be filed the Defendent may take out Proces against the Plaintiff for his ordinary Costs of five Marks as if the same had been heard The Dependancy of a former Suit for the same matter is also a good Plea and therefore the Defendent shall not be put to set it down with the Register But if the Plaintiff be not satisfied therewith the same shall be referred to one of the Masters of the Court to certifie the truth thereof and if it shall be determined against the Plaintiff he shall pay to the Defendent five pounds Costs But such Reference shall be procured by the Plaintiff and a Report thereupon within one Moneth after the filing of such Plea otherwise the Bill to stand dismissed of course with the ordinary Costs of seven Nobles If after a Suit Commenced at the Common-Law or any other inferiour Court a Bill shall be exhibited in this Court to be relieved for the same matter the dependancy of the former Suit shall be admitted as a good Plea and the Defendent not to be put to motions for an Election or Dismission and that Plea shall be proceeded in as in case of a Plea of a former Suit depending in this Court for the same matter If the Demurrer be grounded only upon some Error slip or mistake in the Bill the Plaintiff without Motion shall be permitted of course to amend the same paying to the Defendent or his Attorney to his use twenty shillings costs But if the Plaintiff shall not
of resistance a Writ of assistance is to be awarded to the Sheriff for that purpose Where the party is committed or brought in by a Serjeant at Arms for breach of a Decree he is not to be inlarged until he hath performed the Decree in all things that are to be presently done and given security by Recognizance with Sureties as the Court shall order to perform the other parts of the Decree if any be to be performed at future days and times appointed by the decree Where the party is committed for breach of a Decree or Order of Court he ought to be restrained within the Fleet and not permitted to go abroad without special license of the Court Where a Decree is made for Rent to be paid out of the land or a sum of money to be levied out of the profits of lands there a Sequestration of the same lands being in the Defendents hands or of any Rent reserved to the Defendent out of the same Lands may be granted Where causes are dismissed upon full hearing and the dismission signed and enrolled such causes are not again to be retained nor any new Bill admitted except it be a Bill of Review or upon matter of like nature as in case where a Decree is sought to be avoided and upon like security and allowance of the Court Bills of Review TO the end that after a Decree made the party may be at peace and multiplicity of Suits be avoided no Bill of Review shall be admitted except it contain either error in Law appearing in the body of the Decree without either averment or further examination of matters in fact or upon new matter discovered in time after the Decree made and whereof the party could not have had advantage before and upon such Bill of Review no Witnesses shall be examined to any matters which were or might have been examined unto upon the former Bill but upon Oath made of such new matter discovered as aforesaid a Bill of Review may be exhibited by leave of the Court and not otherwise No Bill of Review shall be admitted nor any other Bill to change matters decreed except the Decree be first obeyed and performed But if any Act be decreed to be done which extinguisheth the parties right at Common Law as making of assurance or release acknowledging satisfaction cancelling Bonds or Evidences and the like or where the error is apparent in the body of the Decree as aforesaid the Court upon motion may dispense with the actual performance of that part of the Decree till the Bill of Review be determined No Bill of Review shall be allowed except the party that prefers it giving notice to the Defendent therein do first enter into a Recognizance with Sureties before some Master of the Court in ordinary of a fit penalty in relation to the matter decreed for the satisfaction of the costs and damages if the Bill of Review be dismissed Contempts WHere a Contempt is prosecuted against any man he shall not be put to move the Court as formerly hath been used either for Interrogatories to be exhibited or for reference of his Examinations and discharge being examined But where any person shall be brought in by Proces or shall appear gratis to be examined upon a contempt he shall give notice of such his appearance to the Attorney or Clerk of the other side And if within eight days after such appearance and notice given Interrogatories shall not be exhibited whereon to examine him or if being examined no reference shall be procured of his examination nor Commission taken out of the other side nor Witnesses examined in Court to prove the contempt within one Month after such examination then the party so examined shall be discharged of his contempt without further motion and may attend any one of the Masters of the Court for the taxing of his costs which the Master is to tax without further Order and that taxation being entered in the Register the party may proceed for the same of course as in like cases of costs taxed If after appearance and Interrogatories exhibited as aforesaid the party appearing shall depart before he be examined without leave of the Court he is upon motion and Certificate from the Register and of such his departing and not being examined and of the Interrogatories exhibited from the Examiner to stand committed without further day given unto him and is not to be discharged from such his contempt untill he hath been examined and been cleared of his contempt And if he shall upon his Examinations or by proofs be found in contempt he shall clear such his contempt and pay the prosecutor his costs before he be discharged of his imprisonment And although he be cleared of his said contempt yet he shall have no costs in respect of his disobedience in not being examined without the prosecutors trouble and charges in moving the Court as aforesaid In case of prosecution of a contempt for breach of an Order of the Court or otherwise grounded upon an Affidavit the Interrogatories shall not be extended to any other matter then what is comprehended in the said Affidavit or Order And if any other shall be exhibited the party examined may for that reason demurr unto them or refuse to answer them Where the party prosecuted upon a contempt hath denyed it or the same doth not cleerly appear by his Examinations the prosecutor may take out a Commission of course to prove the contempt and in such case the party prosecuted may name one Commissioner to be present at the execution of the Commission and may henceforth notwithstanding the former usage to the contrary cross examine the Witnesses produced against him to prove the contempt but is not to examine any Witnesses on his part unless he shall satisfie the Court touching some matter of Fact necessary to be proved for cleering the truth In which case the Court if there be cause will give leave to him to examine Witnesses to such particular points set down and the other side may cross examine such Witnesses But the Interrogatories on both sides are to be included in the Commission Where a contempt is prosecuted against one who by reason of age sickness or other cause is not able to travell or in case the same be against many persons who are servants or workmen and live farr off the Court will upon motion and Affidavit thereof grant a Commission to examine them in the Countrey Which Commission shall be sued out and executed at the charge of the person or persons desiring it directed to such indifferent Commissioners as the prosecutor of the contempt shall name as in other cases and one Commissioner onely at the nomination of the party prosecuted as aforesaid Which Commission shall be executed at such convenient time and place as the six Clerks not towards the cause upon hearing the Clerks upon both sides shall set down
Party admitted by any Councellor or Attorney for the dispatch of the Paupers business during the time it shall depend in Court and he continued In forma pauperis nor any contract nor agreement be made for any Recompence or Reward afterwards And if any Person offending herein shall be discovered to the Court he shall undergo the displeasure of the Court and such further punishment as the Court shall think fit to inflict upon him and the party admitted who shall give any such Fee or Reward or make any such contract or agreement shall be from thenceforth Dispaupered and not be afterwards admitted again in that Suit to prosecute in forma pauperis If it shall be made appear to the Court That any Person prosecuting in forma pauperis hath sold or contracted for the benefit of the suit or any part thereof whiles the same depends such cause shall be from thenceforth totally dismissed the Court and never again Retained Such Councel or Attorney as shall be assigned by the Court to assist the Person admitted in forma pauperis either to prosecute or defend may not refuse so to do unless they satisfie the Lords Commissioners or Master of the Roles who granted the admittance with some good reason of their forbearance That Councellor who shall move any thing to the Court on the behalf of a Person admitted in forma pauperis ought to have the order of admittance with him and first to move the same before any other motion And if the Register shall find that such person was not admitted in forma pauperis he shall not draw up any Order upon the second motion made by any such Councel but he shall lose the fruit of such second motion in respect of his abuse to the Court No Proces of Contempt shall be made forth and sent to the Great Seal at the suit of any Person prosecuting as Plaintiff in forma pauperis untill it be signed by the six Clerk who deals for him and the six Clerks are to take care that the such Proces be not taken out needlesly or for vexation but upon just and good cause as they will answer it to the Court if the contrary shall appear And lastly it is Ordered That all Masters of the Court of Chancery Councellors and all Officers Ministers Clerks and Solicitors in the said Court do observe these Orders which are to continue untill upon further Consideration and experience any Alterations shall be thought sit to be made therein An Alphabetical Table A Â Fol. Reg. ANswer to matter of Fact 15 10 Time to answer exceptions 19 14 Time to deliver Exceptions to an Answer ib. 15 Further insufficient Answers and Costs for them 21 16 Appeals from Masters Reports 85 93 B SVccinctness in Bills 5 1 Certiorari Bill 61 63 Bills of review 69 76 Not to be admitted till obedience except in particular cases 70 77 And upon security 71 78 C CAuses to be set down according to priority of Publication 57 58 Commission to Answer gives liberty to Plead and Demur also 45 45 Commission to Answer to contain an Injunction 48 48 Not to be granted after Attach cum procl. 45 44 In what case a second Commission to Answer 46 46 Carriage of a Commission to Examine 32 29 Commission ex parte when ib. 28 New Commissions and how 34 30 New Commission through the Defendants default 35 31 Commitment for Misdemeanors on Service 78 85 For Scandalous and Contemptuous words against the Court 79 86 Contempts Proces of Contempt into the proper County 42 41 Endeavour to be used in serving it 43 42 To be discharged on payment of the Costs or on Tender and refusal 44 43 Appearance on Contempts 72 79 Departure without being Examined 73 80 In what case a Commission shall be to Examine Contemners 76 83 Commission to prove a Contempt of course 75 81 Contemners when to be discharged 66 72 When restrained 67 73 Costs for insufficient Answer 19 15 For further insufficient Answer 21 16 Masters to tax Costs on Contempts of Course 78 84 Costs to be given on hearing 60 61 Contemner to pay the Costs double ib. 62 D DEcrees who is bound by them and who not 62 64 To be drawn briefly ib. 65 Not to be altered but by Bill of Review 63 66 Save in mistakes demonstrative ib. 67 When to be enrolled ib. 68 An entry to be made of the lands c. 64 69 Clerks to take care it be done 65 70 Prosecution of Decrees for Lands ib. 71 For money out of Lands 67 74 Default at hearing 58 59 Demurrer to put in without personal attendance or charge of Commission 7 2 Demurrers to express the causes 9 4 Demurrer upon a slip or mistake 14 9 No demurrer after Attach cum procl. 45 44 Demurrer being admitted the Bill to be dismissed of Course 14 6 Depositions in Cross causes 37 34 Depositions in another cause ib. 35 Depositions to be suppressed and how ib. 36 Dismission for non-prosecution not to be retained till costs paid 23 18 Dismissions on hearing 68 75 E TIme to answer Exceptions 19 1 Time for Exceptions to be delivered ib. 1 Examiners Duty 25 20 To have care of their Clerks and be answerable for them ib. 21 Examiner to avoid impertinences 29 24 No Examination after publication 31 27 H HEaring on Bill and Answer 17 11 What evidence admitted 18 12 Default at hearings 58 59 Reasons to be expressed in the Order 59 60 Costs to be given on hearing 60 61 I INterrogatories to be pertinent 24 19 No new Interrogatories for the same witnesses 31 27 No Fees for the Copies of the parties own Interrogatories save for writing 36 33 Interrogatories not to exceed the Affidavit 75 81 Injunction contained in a Commission to Answer 48 48 Grounds for Injunctions to stay suits 49 49 Injunction on Bills after verdict 50 50 Injunctions on the matter without Reference 51 51 Injunctions on mis-information 52 52 Injunctions to be dissolved without motion and in what cases 53 53 Injunctions to quiet Possession 54 54 Not to hinder Suits Lease Entry or Distress 55 55 Not to extend to take away Possession ib. 56 Injunct for Timber Ploughing c. 56 57 O OAths reverently to be administred and taken 83 91 Orders to be entred in eight days 80 87 P PAupers not to pay Fees 88 98 Nor to contract for the benefit of his Suit 89 99 Councel and Attorney assigned to do their duty 90 100 Motions for them to be first made ib. 101 Proces of Contempt for them to be first signed by the six Clerk 91 102 No Pleadings to be of effect till filed 8 3 Pleadings to be succinct 5 1 Pleas to be put in without personal attendance or Commission 7 2 Pleas on the matter or to the Iurisdiction 9 4 Plea of Outlawry 10 5 Plea of a former Suit depending 12 6 Plea of a Suit depending in another Court 13 7 Petitions No Injunction
to be granted by Petition 86 64 Nor Sequestration Dismission Retainers upon Dismissions or final Orders 87 95 Nor Order altered or explained nor Commitment discharged ib. 96 No Commissions for Examination of Witnesses to be awarded or discharged nor Examinations suppressed by Petition 88 97 Proofs to be only of matters necessary 22 17 One rule for Publication on a joynt Commission 36 32 R PLaintiff to Reply if Answer good to common intent 19 13 Reports of Masters not to be special without Order 81 88 Nor prolix ib. 89 To be upon the whole Answer 82 90 Reports that are positive 84 92 S SErvice of a Subpoena to answer 39 37 Subpoena for better answer and Costs in one 40 38 Subpoena ducens tecum to be sued out of course 41 39 Service of a Subpoena ad audiend. Judicium 42 40 Sequestration on non est invent 47 47 W NO Witnesse to be examined without notice c. 27 22 Witnesses to be examined to Interr seriatim 28 23 Examination to the credit of a Witness and how 30 25 Fee for examining a Witness to be deducted ib. 26 FINIS B. Whitelocke C.S. Rich. Keble C.S. VV. Lenthall Master of the Roles 1. Succinctness in Bills and Pleadings 2. What Pleas or Demurrers may be put in without personal attendance or charge of Commission 3. No pleadings to be of effect till filed 4. Demurrers and Pleas on the Matter or to the jurisdiction 5. Plea of Outlary 6. Plea of a former suit depending 7. Plea of a Suit depending in another Court 8. Demurrer upon a slip or mistake 9. Demurrer being admitted the Bill to be dismissed of Course 10. Answer to matter of Fact 11. Hearing on Bil and Answer with caution 12. At hearing on Bil and Answer what evidence 13. Plaintiff to reply if the Answer good to a common intent 14. Time to answer exceptions 15. Time for exceptions to be delivered and costs for insufficient answers 16. Further insufficient Answers and the costs for them 17. Proofs to be only of matters necessary 18. Bill dismissed for want of prosecution not to be retained till the costs paid 19. Interrogatories to be pertinent 20. Examiners duty 21. To have care of their Clerks and be answerable for them 22. Notice of a Witness to be examined 23. Witnesses to be examined to Inerrogatories seriatìm 24. Examiner to avoid impertinences 25. Examination to the credit of a Witness and how 26. Fee for examining a Witness to be deducted 27. No new Interrogatories for the same Witness nor examination after Publication 28. Commission ex parte when 29. Carriage of Commissions to examine 30. New Commission and how 31. New Commission through Defendents default 32. One rule on a joynt Commission 33. No Fees for the copies of the parties own Interrogatories save for writing 34. Depositions in cross Causes 35. Depositions in another Cause 36. Depositions to be suppressed and how 37. Service of a Subpoena ad respondend 38. Subpoena for better Answer and costs in one 39. Subpoena duc tec to be sued out of course 40. Service of a Subpoena ad audiend. Iudicium 41. Proces of contempt into the proper County 42. Endeavor to be used in serving it 43. To be discharged on payment of the costs or upon tender and refusal 44. After Att. cum Procl. no Commission nor Plea or Demurrer 45. Commission to Answer gives liberty to plead and demurr also 46. In what case a second Commission to answer 47. Sequestration upon non invent or rescue 48. Commission to answer to coniain an Injunction 49. Grounds for Injunctions to stay suits 50. Injunction on Bils after Verdict 51. Injunctions on the matter without reference 52. Injunction on misinformation 53. Injunctions to be dissolved without motion and in what cases 54. Injunctions to quiet possession 55. Not to hinder suits lease entry or distress 56. Not extend to take away a possession 57. Injunctions for Timber Ploughing c. 58. Causes to be set down according to Priority of Publication 59. Default at hearing 60. Reasons to be expressed in the Order 61. Costs to be given on hearing 62. Contemner to pay the costs double 63. Certiorari Bill 64. Who is bound and who not 65. To be drawn briefly 66. Not to be altered but by Bill of review 67. Save in mistakes demonstrative 68. When to be enrolled 69. An entry to be made of the Lands c. 70. Clerks to take care it be done 71. Prosecution of a Decree for lands 72. Contemners when to be discharged 73. When restrained 74. Decree for money out of land 75. Dismission on hearings 76. Grounds of Bils of Review 77. Not admitted till obedience except in particular cases 78. And upon Security 79. Appearance on Contempts 80. Departure without being examined 81. Interrogatories not to exceed the Affidavit 82. Commission to prove it of course 83. In what cases a Com shall be to examine contemners 84. Master to tax costs of course 85. On misdemeanour on service 86. For scandalous and contemptuous words against the Court 87. Orders to be entered in eight dayes 88. Reports not to be special without Order 89. Nor Prolix 90. To be upon the whole answer 91. Oaths reverendly to be administred and taken 92. Reports positive 93. Appeals from them 94. No injunction to be granted on Petition 95. Nor Sequestration Dismission Retainer nor final Order 96. Nor Order altered or explained nor commitment dischargeed 97. No Commissions to examine witnesses to be awarded or discharged nor examinations suppressed by Petition 98. Not to pay Fees 99. Not to contract for the benefit of the Suit 100. Councel and Attorney assigned to do their duty 101. Motions for them to be first made 102. Proces of Contempt for them to be first signed by the six Clerk 103.