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A64757 Practica WalliƦ, or, The proceedings in the great sessions of Wales containing the method and practice of an attorney there, from an original to the execution : whereunto is added, the old statute of Wales at large, and an abridgement of all the statutes uniting Wales to England : with tables of the fees, and the matters therein contained / by Rice Vaughan ... Vaughan, Rice. 1672 (1672) Wing V136; ESTC R3656 72,094 234

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prejudiced because all Clerks of an Office or Under-Sheriff are not so perfect and knowing but some may commit a fault now and then and those that are knowing may be subject by reason of negligence or over-hastiness to write false And if any Attorney if he suspect any such thing cannot apprehend it his Clyents as aforesaid may suffer by it if the Attorney of the other side be more knowing and apprehensive And if any Attorney knows not perfectly all Fees he cannot choose but in making of Bills of Costs for his Clyent after Sessions or when he takes out Execution for them prejudice and wrong himself or his Clyent Neither is it handsome for an Attorney when he is paying some Fees to an Officer to be enquiring of him or of another what the Fees are lest he gives occasion to some standers by to suspect his ignorance in other things as well as in those Fees All which ordinary Writs and their Retorns I would have done here but far better then I could do are to be had and read in several printed Books wherein if Attorneys please they may be fully instructed and their Fees they may soon attain to know in a short time if they be but diligent in observing and willingly learning and also carefull to remember what they observe and learn that I need not here give any Catalogue of them for an Attorney though he were bred up an Apprentice his time under an able Attorney which I conceive is a very good way to bring him up and make him able and if he had never so good instruction from him in writing and by long experience will never for all this I think prove throughly perfect and able in his profession no more then I also think any of another profession will do without he be as earnest and desirous to learn and know the same as much or more for the delight and pleasure he shall take and receive in the knowledge thereof as in the profits and gain he expects to attain by it but the over-hastiness and forwardness to come too soon by that gain hath made many one a bungler not only in that but in several other professions which Error were well to be by others hereafter shunned and avoided Ad magnam Sessionem Domini Regis Com. Caernarvon tent apud Conwey in Com. predict coram Petro Mutton Ar. Justiciar Domini Regis magn Sessionis suae Com. pred Edvardo Littleton Ar. uno alter Justiciar c. die Lunae viz. decimo quinto die Septemb. Anno Regni Dom. Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei Defensor c. quarto Certain Rules agreed upon at the said Sessions for the setling of business in the Court of the said Sessions within the three Shires of North-Wales 1. Imprimis Every Essoin to be east upon the calling of the Writ or else not to be allowed 2. Item An Essoin is to be allowed upon the Iterum Summoneas second or third Bill Distringas c. if there be no Essoin cast before upon the Original and that before Issue but after Issue one Essoin upon the Venire fac only 3. Item No Essoin to be allowed upon a Scire fac brought upon a former Judgement 4. Item After Appearance and Declaration three Rules in every real Action and two in every personal mixt or popular and the last peremptory after a Plea one Rule for Replication Rejoynder Surrejoynder Rebutter Surrebutter 5. Item The Petit visum or auditum in real Actions to be demanded between the second and third Rule and the Petit auditum in personal Actions between the first and second Rule 6. Item An Essoin to cast one day only viz. the next day after Essoin cast as if a Writ be essoined upon a Munday to put off Tuesday so that no Writ can be called untill Wednesday morning and the party to wave or warrant the Essoin the day essoined sitting the Court. 7. Item If there be no appearance upon the day of the Retorn nor upon the calling of any Writ sitting the Court or upon that day the appearance not to be allowed but upon the next Writ or Process 8. Item Upon a similis Narratio upon a Writ of View Sum. ad Warran ad auxiliand and upon a Challenge one Rule only and that peremptory 9. Item After Imparlance one Rule 10. Item Upon every Sc. fac upon an old Judgement in personal Actions two Rules to appear and after appearance two Rules to plead and that peremptory but upon real Actions three Rules to appear and three to plead but upon a Judgement of ten years past no Sc. fac is to be granted without motion in Court unless it be continued by Process 11. Item No Judgement to be given upon a Bond for performance of Covenants Award or Agreements upon default without motion in Court 12. Item An Executor or Administrator to make Oath that he received no part of the Debt nor any other for him since the death of the Testator nor the Testator himself to his knowledge 13. Item No Judgement entred by default or taken of the same Sessions unless the Defendant plead in Bar the same Sessions 14. Item Upon the general Issue tendred the Similiter to be entred for the Defendant without Rule but upon any special pleading or a Similiter for the Plaintiff one Rule to be given 15. Item Upon a Demurrer tendred one Rule to joyn and upon refusal Judgement to be given 16. Item If a Plaint be removed by Recordare Pone Certiorari or otherwise from an inferior Court to the great Sessions the Defendant appearing by Attorney and giving Rule and the Plaintiff thereupon non-suited the Defendant ought not to have Costs the Amerciaments of 3 d. or that Amerciament to be increased The certain and known Rules to be observed in the proceedings of the Chancery Court of the great Sessions of the Counties of Anglesey Caernarvon and Merioneth 1. IMprimis If any Party served with a Subpoena to answer doth not appear and enter his appearance with the Register before the sitting of the fourth Court next after the said service the Plaintiffs Attornies may sitting or after the fourth Court upon filing the Bill and the Oath of the Service of Course without motion cause the Register to enter and pass an Attachment And the legality of it and the validity of the Oath to be disputed upon the Defendants appearance and no Subpoena shall issue into a foreign County without order of Court and by the entry of appearance it is to be expressed whether the Defendant appear in person or by Attorney and for how many Defendants the appearance is given 2. If no Answer Plea or Demurrer be put in before the sitting of the fourth Court next after the entry of appearance the Register ex officio to enter and grant an Attachment and upon the due return of any Attachment to enter and issue forth an alias Attachment and upon