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judgement_n appear_v error_n writ_n 1,717 5 9.5204 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A48299 Lex Londinensis, or, The city law shewing the powers, customs, and practice of all the several courts belonging to the famous city of London ... : together with several acts of Common Councel, very useful and necessary to be known by all merchants, citizens, and freemen of the said city : and also, a method for the ministers within the said city to recover their tithes : with a table to the whole book. City of London (England). Court of Common Council. 1680 (1680) Wing L1858; ESTC R2792 111,597 280

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' c. secundum consuetud ' Civitatis London Primo die Julij Anno c. J. B. A. B. capi ' cognit ' coram me G. J. Recordator '   s. d. For which Warrant the Fee to Mr. Recorder is 6 8 When any person would Replevy Goods in London he must go to the Clerk of the Papers belonging to one of the Compters and give in the Particulars and Security to restore the Goods or the value in case upon a Trial it shall appear the same did not belong to him And then the Clerk will give a Warrant to one of the Sheriffs Officers to cause the Goods to be Appraised and to deliver them to the Plaintiff After the Appraisment is made and the Goods delivered the Officer must make return thereof to the Clerk of the Papers who will immediately thereupon certifie the Record thereof into this Court where the same must be decided And if Issue shall be joyned to try in whom the property of the Goods was when the same were taken a Jury must be summoned to try the Issue And in order thereunto Precepts must be issued to the Beadles of the six adjacent Wards to return the Names of the six substantial Freeholders and Inhabitants in each Ward which Precepts must be as followeth By the Major To the Beadle of the Ward of _____ THese are to require you with the advice of your Alderman and Deputy to return unto me in writing under your Hand the Names and Sirnames of six Freeholders Inhabitants within your Ward to be of a Iury at the next Hustings of Common Pleas in the Guildhall London for trial of an Issue joyned between R. G. and W. B. in a Plea of Replevin and hereof not to fail Dated the day of 1680. When the Names are so returned a Precept must be sent to the Sheriffs to require them to Summon the Jury to appear at the next Hustings of Common Pleas to try the Issue A Writ of Error may be brought in this Court to reverse any Judgment given in the Sheriffs Court The Writ must be made by the Cursitor for London and directed to the Major and Sheriffs of London and when Sealed must be delivered to Mr. Town-Clerk to allow the same and at the same time must enter into Bond with two sufficient Sureties to pay the Debt or Damages and Costs recovered and which shall be assessed in case the Judgment should happen to be affirmed or in case the Plaintiff in the Writ of Error should not prosecute the Writ of Error with effect And when Security shall be so given Mr. Town-Clerk will make a Supersedeas directed to the Sheriffs to stay further proceedings upon the Judgment And it is usual to move the Court at the next Hustings of Common Pleas after the allowance of the Writ that the proceedings in the Sheriffs Court may be certified within fourteen days then following into this Court where Errors may be assigned and argued and if Judgment shall be affirmed the Plaintiff in the Writ of Error may bring another Writ of Error before the Judges to examin the former Judgment The Condition of a Bond to be given upon allowance of a Writ of Error in this Court COndic'o istius Obligac'onis talis est quod cum supra obligat ' J. J. deliberavit Rob ' to Clayton Mil ' Majori Civitatis London Jonathan ' Raymond Mil ' Simon ' Lewis Mil ' Vicecomitibus ejusdem Civitatis quoddam breve de Error ' Corrigend ' in Recordo Processu● Loquele que fuit in Cur ' Dni ' Regis Civitatis praed ' coram Johanne Chapman Mil ' nuper uno Vicecom ' dicte Civitatis sine breve dicti Dni ' Regis secundum consuetud ' Civitatis praed ' inter predictum T. M. J. J. de deb'to ducentar ' librar ' quod idem T. M. à prefat ' J.J. exigit ut dicitur necnon in reddic'one Juditij Loquele praed ' coram praed ' J. C. Mil. si igitur pred' J. J. prosecutus fuerit cum effectu breve pred' Ac etiam solverit satisfecerit prefat ' T. M. debitum damna custag ' sua tam sibi adjudicat ' quam imposterum adjudicand ' in hac parte Et hoc infra quatuordecim dies prox ' post affirmac ' onem Juditij praed ' si contigerit Quod tunc presens obligac'o pro nullo h'eatur Alioquin in omni suo robore stet virtute The form of a Supersedeas is as followeth Per Majorem c. Vicecom ' London QVia in recordo processu ac etiam in reddic'one Juditij Loquel ' que fuit in Cur ' Dni ' Regis Civitatis pred' coram J. C. Mil ' nuper uno Vicecom ' dicte Civitatis sine breve dicti Dni ' Regis secundum consuetud ' ejusdem Civitatis inter T. M. J. J. de quadam transgression ' super casum per prefat ' J. J. illat ' ut dicitur Error intervenit manifestus ad grave dampnum ipsius J. J. sicut ex querela sua accepit dictus Dominus Rex pro eo quod pred' J. J. imposuit coram nobis sufficien ' securitat ' ad breve pred' prosequena ' cum effectu necnon ad satisfaciend ' prefat ' T. M. damna miss ' custag ' tam ipsi adjudicat ' quam imposterum adjudicand ' si contigerit Judicium pred' affirmari Vobis igitur precipimus quod quoad execuc'onem Juditij pred' in aliquo faciend ' Supersedeatis omnino dicta breve de Error ' penden ' indecissus Et ulterius vobis mandamus quod record ' process ' Loquel ' pred' cum omnibus ea tangen ' coram nobis ad prox ' Hustingum London de Com'ibus Pl'itis apud Guihald ' Civit ' pred' tenend ' h'eatis Ac etiam premon ' partibus pred' quod tunc sint ibidem auditur ' record ' process ' pred' si c. Et h'eat ' ib'i tunc hoc precept ' c. When Judgment shall be affirmed in this Court upon a motion the Court will order the Bond to be delivered up to the Defendant in the Writ of Error to put the same in suit for his Costs and Damages susteined by reason of the delay of Execution who shall not be compelled to cancel or part with the same till he shall be fully satisfied If the Plaintiff in the Writ of Error do not certifie the Record out of the Sheriffs Court into this Court according to the time given by the Court or if he shall not assign Errors the Court will give Judgment against the Plaintiff and issue out a Warrant in the nature of a Procedendo to the Sheriffs of London thereby commanding them to proceed to Execution upon the Judgment obtained in that Court That the Sheriffs by commandment of the Lord Major are Ministers to execute all Process out of this Court Note notwithstanding the Original Writ be directed to the
4 s. 10 d. for that purpose My Lord Major sits only upon Saturday to hear mark't Causes and if upon hearing both Parties it shall appear to his Lordship that the Plaintiff obtained a Verdict for more then his just Debt his Lordship may remit the Cause to Judgment for the just Debt only and give such time to pay the same as he shall think reasonable But his Lordship always orders the Defendant to give good Security to pay the Recovery at such times as his Lordship directs and to pay the Costs in fourteen days The Attorneys in the Majors Court always move for time although the Verdict was in the Sheriffs Court and his Fee for moving is 1 s. 8 d. The Plaintiff must pay for his Lordships Order and entering it 2 s. 10 d. Which Charges will be allowed to the Plaintiff upon taxing of Costs In these Courts may be tried Actions of Debt Case Trespass Accompt and Covenants broken as also Attachments and Sequestrations If either party shall have a Witness that cannot stay in London till the day of Trial his testimony may be taken in writing which will be allowed as good Evidence The method for examining such Witness is thus First his name and place of abode must be delivered in writing to the adverse Attorney and then he must be examined and sworn by the eldest Attorney in the Lord Majors Court whose Fee for the Examination and Copy is 3 s. 4 d. After the Examination the adverse Attorney may have a Copy thereof for which he must pay 2 s. The two eldest Clerks in these Courts for the time being are Attorneys of the Pye-powder Court held during the first three days of Bartholomew Fair for the examining and trying all Suits brought for petty Matters and Offences there committed contrary to the Proclamation hereafter mentioned The Lord Major and Aldermen do Annually cause a Proclamation to be made for the better regulating this Fair. The tenour whereof is as followeth The Proclamation made on Bartholomew Eve in the Afternoon at the great Gate going into the Cloth Fair. THe Right Honourable Sir R. C. Kt. Lord Major of the City of London and his Right Worshipful Brethren the Aldermen of the said City streightly charge and command on the behalf of our Sovereign Lord the King That all manner of persons of whatsoever estate degree or condition they be having recourse to this Fair keep the Peace of our said Sovereign Lord the King That no manner of Persons make any Congregation Conventicles or Affrays by the which the same Peace may be broken or disturbed upon pain of Imprisonment and Fine to be made after the discretion of the Lord Major and Aldermen Also that all manner of Sellers of Wine Ale or Beer sell by Measures ensealed as by Gallon Pottle Quart and Pint upon pain that will fall thereof And that no Person sell any Bread but if it keep the Assize and that it be good and wholsome for mans body upon pain that will fall thereof And that no manner of Cook Pyehalter nor Huckster sell nor put to sale any manner of Victual but it be good and wholsome for mans body upon pain that will fall thereof And that no manner of Person buy nor sell but with true Weights and Measures sealed according to the Statute in that behalf made upon pain that will fall thereof And that no manner of Person or Persons take upon him or them within this Fair to make any manner of Arrest Attachment Summons or Execution but if it be done by the Off●c●rs of this City thereunto assigned upon pain that will fall thereof And that no Person or Persons whatsoever within the limits and bounds of this Fair presume to break the Lords Day in selling shewing or offering to sale or in buying or offering to buy any Commodities whatsoever or in sitting tippling or drinking in any Tavern Inn Alehouse Tippling-house or Cooks house or in doing any other thing that may tend to the breach thereof upon the pains and penalties contained in several Acts of Parliament which will be severely inflicted upon the breakers thereof And finally That what Persons soever find themselves grieved injured or wronged by any manner of Person in this Fair that they come with their Plaints before the Stewards in this Fair assigned to hear and determine Pleas and they will minister to all Parties Iustice according to the Laws of this Land and the Customs of this City THE CHAMBERLAINS COURT OR OFFICE THe Chamberlain of London keeps his Office in the Chamber of Guildhall and is entrusted with Orphans Moneys and the Cities Cash he is Annually elected and gives very good Security to the Court of Aldermen to pay and make good whatsoever Cash shall be delivered to him and once every year gives an Account to Auditors appointed and chosen for that purpose He is also entrusted with the Cities Leases and all Bonds and Securities taken by the Court of Aldermen for Orphans Moneys He attends at Guildhall usually every Forenoon to Inroll and turn over Apprentices and to make such Free as have duly served the full term of Seven years and have not married nor taken wages in that time Upon the admission of every Person into the Freedom of London Mr. Chamberlain causes them to take the following Oath The Oath of every Freeman of the City of London YE shall swear that ye shall be good and true to our Sovereign Lord King CHARLES and to the heirs of our said Soveraign Lord the King Obeysant and obedient ye shall be to the Mayor and Ministers of this City The Franchises and Customs thereof ye shall maintain and this City keep harmless in that that in you is Ye shall be contributary to all manner of charges within this City as Summons Watches Contributions Taxes Tallages Lot and Scot and to all other charges bearing your part as a Freeman ought to do Ye shall colour no foreign goods under or in your name whereby the King or this City might or may lose their Customs or advantages Ye shall know no Foreiner to buy or sell any Merchandize with any other Foreiner within this City or Franchise thereof but ye shall warn the Chamberlain thereof or some Minister of the Chamber Ye shall implead or sue no Freeman out of this City whilst ye may have Right and Law within the same City Ye shall take no Apprentice but if he be free-born that is to say no bond-mans son nor the child of any Alien and for no less term than for seven years without fraud or deceit and within the first year ye shall cause him to be enrolled or else pay such fine as shall be reasonably imposed upon you for omitting the same And after his terms end within convenient time being required ye shall make him free of this City if he have well and truly served you Ye shall also keep the Kings Peace in your own person Ye shall know no Gatherings Conventicles nor