Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	cause_n	defendant_n	plaintiff_n	1,980	5	10.2033	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33867	A collection of such of the orders heretofore used in Chauncery 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.	England and Wales. Court of Chancery.; Lenthall, William, 1591-1662.; Keble, Richard, fl. 1650.	1652 (1652)	Wing C5196; ESTC R1289	24,790	100

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

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