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Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
judgement_n court_n error_n plea_n 1,724 5 9.9167 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A49858 An abatement of most of the motions & orders in chancery and other chargeable courts and of the greatest part of the charges which may be in those hereafter, or motions and orders reduced from twenty to two, and most of those to the tenth part of the charge, as formerly hath been / written by W. Leach, for the same intent, and tendred to the consideration as his former are. Leach, William, 17th cent. 1652 (1652) Wing L770; ESTC R41233 8,924 11

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attend with Counsell the Chancellor Judge or Judges who made or pronounced the same Rules or Orders to have the same drawn and entred according to the true sense thereof And whereas it hath been much complained of that many others who have not undergone such perplexity trouble toil and vexation before they have procured or could procure such Orders or Rules to be drawn up according to the true sense of the Chancellour Court Judge or Judges who made or pronounced the same have been at great charges in giving large rewards to Registers and enterers of Orders and Rules their Depuries or Clerks who have agited therein And also whereas the like complaints and lamentations have been that such Courts have been so full of businesse that many Suiters could have no proceedings there without great trouble and charge and that divers before they have had or could have any end of their businesse or suites there have spent as much or more then that which they have sued for there hath been in value besides their trouble perplexity and vexation of minde for many years together and divers others by such occasions have been quite and others almost distracted amd many utterly undone and that many others have given over and left off good Causes for lost and proceeded no further in the same by reason of the extream charge and trouble which they have not been able to undergoe after they have been brought into and intangled in such Courts some against their wills And whereas a great part of those troubles and charges have been occasioned by reason of the keeping secret and hidden all presidents in most Courts unlesse it be in the Courts formerly of the Kings Bench and Common Pleas and now of the Upper Bench and Common Bench and Publique Exchequer at Westminster in such manner that some Suiters upon urgent occasions have often been constrained to give to Registers their Clerks or Agents in the Court of Chancery and such like Courts sometimes five pounds other times ten pounds and other great summes of Money for choise presidents upon such occasions or otherwise have been constrained to goe to and retain most Counsell belonging to such Courts and give them extraordinary large Fees for the same purpose It is proposed to be desired that it may Be Enacced That no matter in arrest or stay of any Judgment Decree Sentence or Finall order shall be moved insisted upon or given in exception or assigned for Error against in or concerning any Plaint Bill Declaration Information Libell or Complaint Presentment or Indictment Plea Allegation Replication Rejoynder Surrejoinder Rebutter or Surrebutter unlesse such matter be or shall be first shewed and delivered in wring to the party or parties his her or their Attorney in the Cause wherein such matter be or shall be intended to be moved in arrest or stay of Judgement or any thing therewith before mentioned or assigned for Errour in which the matter of Errour or mistake is or shall be that is to say what may or should be added to or detracted from or supplyed by further instructions in any such Bill or other proceedings therewith before mentioned or continuance or return of Writs or processe thereof or entering up of Judgement or any other thing therewith before mentioned thereupon as certain as if the same matter or mistake were shall or should be amended such Bill Plaint Declaration or proceedings before mentioned were or shall be good and sufficient in the Law So that a true Copy or true Copies of every of the same writings wherein such matter or mistake is or shall be delivered to or left for such party or parties his her or their Attorney in such Cause at his her or their dwelling house or houses or most usuall place or places of abode by the space of two dayes next after issue or demurrer be or shall be joyned or judgement acknowledged suffered or permitted or within fix dayes next before such Decree Sentence or Finall order be or shall be given or to be given decreed or sentenced in or concerning the same Cause Action or Suit in which such processe or proceedings be or shall be And that within three dayes after the delivery of such Copy or Copies the party or parties against whom such matter be or shall be intended so to be moved or assigned for Errour paying unto the other party his her or their Councell Clerk or Attorney in the same Suit or Cause who doe or shall finde such Errour or mistake and deliver such Copy or Copies in writing of the same three shillings for the first and one shilling for every of the residue of those Errours or mistakes may amend the same And that that party and parties by or for whom such Copy or Copies be or shall be so delivered within four dayes next after he she or they shall have notice of the amendment according to such writing or writings which be or shall be so delivered shall again Answer Plead Demur put in Allegation Reply Rejoyn Surrejoyn Rebut or Surrebut as the Declaration Bill Plaint or other things therewith before mentioned doe or shall require unlesse such new matter doe or shall arise and appear upon such amendment that the Attorney of such party or parties neither can nor according to the course of Law ought to Answer Plead or to doe any other thing as before therewith is mentioned without further instructions and then within eight dayes onely for every forty miles distance of the habitation or abode of the party or parties so again to answer when he shall be first summoned attached arrested or warned to appear or answer reply or to doe any other thing before therewith mentioned to any-Bill Replication or any other thing before therewith mentioned from the place or Court where such prosecution be or shall be And that every one making default in any of the premises shall or may be taken or proceeded against for saying nothing as for not answering pleading replying or not performing any other thing therewith before mentioned as hath been used in other cases wherein defaults have been suffered And that any who doe or shall finde such errour or errours mistake or mistakes shall have such money so to be paid to and for his and their own benefit and advantage And that he or they so committing omitting or suffering the same shall pay the same money so for amendment to be paid out of his or their own moneys respectively according to the number of errour or errours mistake or mistakes as each of them doe or shall so omit commit or suffer And that after a Verdict or Non-suit in any Action Cause or Suit wherein such amendment be or shall be and Witnesses Examined Recorded and Certified according to the Propositions formerly published in that behalf Judgement may and shall be given according to such Verdict or Non-suit the next day in banck after such Verdict or Non-suit as of the day of giving such Verdict or suffering such Non-suite