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A53418 Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer. England and Wales. Court of Chancery.; England and Wales. Court of Exchequer. Rules and orders of the Court of Exchequer. 1698 (1698) Wing O415; ESTC R11916 131,267 357

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time to time to receive and retorn the Writs and Commandments of the same according to the Statute in that behalf provided and that every Sheriff upon the entring into his Recognizance do declare and deliver unto one of the sworn Clerks in the Office of His Majesty's Remembrancer the Name of such Attorney or Deputy so by him assigned XLVI Rules to Sheriff to Retorn Process ANd where a Sheriff neglects to retorn any Process delivered to him Rules may be given the last day of the Term for to retorn such Writs by the Sealing-day or to be amerced 40 s. Sealing-day or amerced 40 s. XLVII Paupers IF any Person shall petition to be admitted in Forma Pauperis he shall bring a Certificate under his Counsels hand Certificate under Counsels Hand upon his Petition that he hath probable Cause of Suit and make usual Oath before he be admitted Affidavit and such Counsel to be assigned for one XLVIII Notes of Informations THat according to an Order of Court made the second day of July 1686. upon the making out of any Process upon any Information to be exhibited in the Office of His Majesty's Remembrancer in this Court for the Seisure Seisures of any Goods there shall be a brief Note or Entry made by one of the sworn Clerks in a Book to be prepared for that purpose of the Name of the Party that seized the same and of the Quality of the Goods seized together with the day of the Month when the same is Exhibited and that upon the making out of any Process upon personal Informations Personal Informations upon Penal Statutes there shall be a brief Note or Entry made by one of the sworn Clerks in the said Book of the Names of the Plaintiffs and Defendants together with the Day of the Month when the same is Exhibited unto which Book such person as is or shall be imployed on behalf of His said Majesty for the recovering and getting in His said Majesty's Moiety or part of such Forfeitures may have recourse and free liberty to inspect and peruse the same Majesty's Agent to inspect XLIX Records of Recoveries and Fines to be perfected THat the Records of the Recovery of all Goods or Merchandizes seised for being prohibited or unaccustomed and all Fines rated for the same shall be perfected and finished by the first day of the next Term following the Term of such Recoveries had or Fine rated to the end the same may be drawn down into the Pipe L. Pleadings upon Personal Informations EVery Defendant appearing upon an Information or Quo Warranto except Informations of Seisure is to plead to the same within four days of the next Term Plead 4 days next Term. after his appearance to the same or in default thereof Judgment by Nihil Dicit to be entred And where a Defendant being served with Process to appear to an Information shall neglect to appear the same Term and is taken upon Process of Contempt retornable the following Term he shall then Plead within four days after his appearance Four days after appearance on Contempt LI. Contempts c. THat after an Attachment is Retorned upon any Contempt upon an Information the next Process shall be an Attachment with Proclamation and upon the Retorn thereof a Commission of Rebellion and then upon Motion a Serjeant at Arms Same Costs as by Bill and the same Costs are to be paid upon Contempts on Informations as is directed before upon prosecution of English Bills LII Joyning in Demurrer WHen a Demurrer is filed the Defendant shall Joyn in Demurrer within six days or else Judgment by Nihil Dicit to be entred LIII Informations and other Matters of Law WHen a Replication is filed the Defendant shall Rejoyn within four days or else Judgment by Nihil Dicit to be entred LIV. Rules upon Retorns of Scire Facias UPon Writs of Scire Facias Retorned the last day of the Term and upon Inquisitions then Retorned whereon Goods are seised Rules may be given for the Defendants to appear upon such Writs of Scire Facias and to claim the property of such Goods seised by the Sealing-day after each Term and in default thereof Proceedings to be had in each Case respectively as where there are days in Term for giving such Rules LV. Notice of Trials NOtice of all Trials in London or Middlesex to be given six days before such Trials and of Trials at Assises notice to be given within six days after the the end of the Term. LVI Entring Judgment after Trials UPon the Retorn of every Postea Judgment to be entred within four days upon a Rule given if nothing be said to the contrary upon Trials in London and Middlesex and within the Term Judgment to be entred of the same Term and upon Trials at the Bar Judgment to be entred within four days after such Trial if there be so many days in Term and if there be less than four days in Term then Judgment to be entred the last day of the Term. LVII Irregularities in Pleadings THat all differences touching Irregularities in Proceedings or upon the Rules of the Court shall be determined by His Majesty's Remembrancer or his Deputy upon hearing the Attorneys on both sides who is to settle the same if he can and give Costs where he shall find the fault if not the Court to determine the same LVIII THat His Majesty's Remembrancer or his Deputy and the sworn Clerks in the Office do diligently attend in Court and do give an Account touching any Proceedings in Court as they shall be required Some Law Books lately Printed for J. Walthoe at his Shop in the Middle Temple Cloysters 1. NOw Reprinted The Lord Cokes Reports in French with References to all the Ancient and Modern Books of the Law 2. A View of the Penal Laws concerning Trade and Traffick wherein is Collected all the Statutes to the end of the last Session 1697. 12mo 3 s. 3. The Country Justice concerning the Practice of the Justices of the Peace in their Sessions and out of Sessions gathered for the better help of such Justices of Peace as have not been much Conversant in the Study of the Laws of this Realm by Mich Dalton Esq Folio 14 s. 4. Cases Argued and Decreed in the High Court of Chancery from the 12th year of King Charles the Second to the 31st Folio 12 s. 5. An Abridgment of all the Statutes of King William and Queen Mary 8 vo 4 s. 6. The Method of Pleading by Rule and President 1. In twelve several Branches of Abatement and Judgments thereon 2. In ten General Bars to the Action 3. Special Bars in Case viz. Slander Assumpsit Disturbance Misfeazance Negligence Trover Deceit Nusance Rescue and Escape with the Pleading of Uncore Prist or Adhuc Paratus 4. Bars in Covenant with Averments Protestations Traverses and Pleas after the last Continuance and also many Special Rules concerning the Bar Replication Rejoynder Surrejoynder c. With particular Cases Notes and Arguments relating to the Advantage and Method in Pleading Useful for the Clerks and Attorneys of the Kings-Bench and Common-Pleas 8 vo 5 s. 7. Lex Custumaria or A Treatise of Copyhold-Estates in respect of the Lord and Copyholder wherein the Nature of Customs in general and of particular Customs Grants and Surrenders and their Constructions and Expositions in reference to the thing granted or surrendred and the Uses or Limitations of Estates are clearly illustrated together with the manner of Declaring and Pleading either generally or as to particular Customs with Trial and Evidence of Custom and of Special Verdicts c. 8 vo 5. 8. Tryals per Pais Or The Law of England concerning Juries by Nisi Prius c. newly revived and much enlarged with an Addition of Presidents and Forms of Challenges Demurrers upon Evidence Bills of Exception Pleas Puis le Darrein Continuance c. The Third Edition corrected and ammended to which is now added a farther Treatise of Evidence c. 8 vo 5 s. 9. The Practick Part of the Law shewing the Office of an Attorney and a Guide for Solicitors in all the Courts of Westminster with the true manner of their Proceedings in any Actions Real Personal or mixt from the Original to the Execution Now newly set forth by the ablest Practisers of the several Courts with an exact Table of the Principal Matters 8 vo 5 s. 10. The Law of Obligations and Conditions wherein is contained the whole Learning of the Law concerning Bills Bonds Conditions Statutes Recognizances and Defeazances as also Declarations on Special Conditions and the Pleadings thereon Issues Judgments and Executions with many other useful Matters digested under their proper Titles c. 8 vo 4 s. 6 d. 11. Nomo Lexicon a Law Dictionary interpreting such difficult and obscure Words and Terms as are found either in our Common or Statute Ancient or Modern Laws with References to the several Statutes Records Registers Law-Books c. wherein the Words are used The Second Edition with the Addition of above 600 Words by Tho. Blunt of the Inner-Temple Esq Folio 10 s. 12. The Pleading and Aeguments upon the Quo Warranto against the Charter of London of Mr. Finch and Sir Robert Sawyer the King's Solicitor and Attorney General and Sir George Treby the Recorder of London and now Lord Justice of the Common-Pleas and the late Lord Chief Justice Pollixfen for the said City the whole Proceedings faithfully taken from the Records wherein is comprized all the Learning of Corporations whether forfeitable how and for what c. Folio 6 s. 13. The Statutes at Large in Paragraphs and Sections or Numbers from Magna Charta to the end of the last Session of Parliament May 3. 1695. in the seventh year of His Majesty King William III. in Two Volumes 3 l. FINIS
Action and by Process thereupon the Defendant is not only usually arrested but frequently proceeded against to the Outlawry to the great damage of the Subject and the loss and diminution not only of the proper Original Writs issuing out of this Court but also of his Majesty's Revenue for the casual Fines thereupon due and payable It is therefore Ordered That no Cursitor of this Court from and after the first day of Trinity Term next ensuing make or cause to be made any Writs of Clausum fregit or Clausum Domum fregit within the City of London without special Warrant from the Lord Chancellor or Lord Keeper of the Great Seal of England or Master of the Rolls for the time being unless it be made appear by Affidavit or some other probable Evidence that the same is the true and proper Cause of Action No Clausum fregit to be made in London without special warrant from the Lord Chancellor c. or it be made appear that the same is the true cause of Action That no Cursitor of any other County do make or permit to be made within his respective Division any of the said Writs of Clausum fregit or Clausum Domum fregit of any other Return than of the last Return of every respective Term unless it be to warrant Arrests No Writs of Clausum fregit to be made of any other retu●n than of the last return after every Term except in two cases and Testatum Capias only That no Cursitor shall from and after the end of Michaelmas Term next ensuing make Of what returns the Cursitor is to make his Original Writ● or permit to be made within his respective Office and Division any Original Writ whatsoever of any Return past unless he shall receive the Instructions for making thereof within the Term wherein the said Writs are to be returnable or at the farthest on or before the first Essoyn-day of the next succeeding Term without special Warrant from the Lord Chancellor or Keeper of the Great Seal of England or Master of the Rolls for the time being or good Cause to be allowed of by the Principal and Assistants of the Company of the Cursitors for the time being or the major part of them at their publick Meetings according as heretofore hath been used The Cursitors are to take care that they employ under them in their Office none but persons of known Integrity and Ability and if any Clerks or Persons so employed shall be found faulty in the Premisses he shall be expulsed the Office and the Cursitor who so employed him shall be answerable to the Court for such Misdemeanors and such person or persons who shall be discovered to do or proceed otherwise than is before mentioned shall be liable to such Censure for his Offences as the Court shall find just to inflict upon him Petitions NO Injunction for stay of Suit at Law shall be granted revived dissolved or staid upon Petition nor any Injunction of any other Nature shall pass by Order upon Petition without Notice and a Copy of the Petition first given to the other side Injunction not to be staid granted or dissolved upon Petition without notice and a Copy of it to the other side and the Petition filed with the Register and the Order entred No Sequestration Dismission Retainers upon Dismissions or final Orders are to be granted upon Petition No Sequestration dismission Retainers upon dismissions to be granted upon Petition No former Order made in Court is to be altered or explained upon a Petition or Commitment of any person taken upon Process of Contempt to be discharged No former Order of Court to be altered or explained upon a Petition or Commitment of any person on Contempt to be discharged by it but upon hearing the adverse Party his Attorney or Clerk towards the Cause Paupers AFter an Admittance in Forma Pauperis no Fee Profit or Reward shall be taken of such Party admitted by any Counsellor or Attorney for the dispatch of the Paupers Business during the time it shall depend in Court No Fee to be taken during the Paupers business depending in Court and the Penalty 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 unto the Court he shall undergo the displeasure of the Court and such farther punishment as the Court shall think fit to inflict upon him and the Party admitted who shall give any such Fees 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 Causes of being dispauper'd and dismissed 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 while the same depends such Cause shall be from henceforth totally dismissed the Court and never again retained Such Counsel or Attorney as shall be assigned by the Court to assist the person in Forma Pauperis either to prosecute or defend may not refuse so to do unless they satisfie the Lord Chancellor of England or Lord Keeper or Master of the Rolls who granted the Admittance with some good reason of their forbearance That the Counsellor 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 The Counsel who moves for a Pauper 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 Counsel but he shall lose the fruit of such second Motion in respect of his abuse to the Court. No Process of Contempt shall be made forth and sent to the Great Seal at the Suit of any person prosecuting as Plaintiff in Forma Pauperis until it be signed by the Six Clerk No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk who deals for him and the Six Clerks are to take care that such Process be not taken out needlesly or for vexation but upon just or good grounds 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 Counsellors and all Officers Ministers Clerks and Solicitors in the said Court do observe these Orders which are to continue until upon farther consideration and experience any alterations shall be fit to be made therein Clarendon Har. Grimston Mercurii 27 die Feb ' Anno Regni Caroli II. Regis 19. 1667. Touching Examination of Witnesses Ordo Curiae WHereas the Masters in Chancery upon