' c. secundum consuetud ' Civitatis London Primo die Julij Anno c. J. B. A. B. capi ' cognit ' coram me G. J. Recordator ' Â 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 Processuâ— 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. Ã 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
the Premisses being thereunto required To the intent therefore that the said E. B. may set forth a true perfect and exact Inventory and Accompt of all and every of the Goods Chattels Leases ready Money Plate Houshold-stuff Debts due by Specialties and otherwise and other the said personal Estate whereof the said J. B. died possessed or was any ways interessed in at the time of his death and the true and particular values of the same and how much the said personal Estate doth amount unto And that he may set forth all and every the Particulars of the same Estate that within two months before the death of the said Testator or at any time since hath come to the hands custody or possession of him the said E. B. or of any other person or persons by or with his knowledge privity or consent and of whom and where the same are and the particular values of them also and all and every the Debts Sum and Sums of Money that he the said E. B. or his order hath had or received that were owing or belonging to the said Testator at his death or to his said Estate since his death And may also set forth whether the said Testator or order did not in his life time deliver unto him the said E. B. the Sum of 100 l. or some other Sum of Money and how long before his death and to what use or purpose Whether it was not in trust that he the said E. B. should therewith pay and discharge such Sums of Money or Debts or some of them that he the said Testator did then owe and how and to whom he the said E. B. did pay or dispose of the same or any part thereof in the said Testator's life time and how much thereof did remain at the death of the said Testator indisposed of And whether there remained any Debt or Debts due by the said Testator at the time of his death unsatisfied and may declare the particulars of the same Debts and the Names Sirnames and Places of abode of all and every the persons to whom the same were respectively due And may also declare how much the one Moiety or one half part of the said Testator's clear personal Estate whereof he died possessed or was interessed any ways in at the time of his death doth amount unto And may set forth a particular of all and every the Bonds Bills Leases Books of Accompts and other Accompts Papers and Writings of and belonging to and concerning the said Testator and his Estate that hath come to his hands custody or knowledge and the respective Contentts of the same And may answer all and singular other the Premisses and your Orator be therein relieved according to Equity May it please your Lordship and Worships of your accustomed goodness to cause the said E. B. to be warned c. to Answer the Premisses upon his Corporal Oath And that he may be enjoyned to perform and abide such Order and Decree in and touching the Premisses as to your Lordship and Worships upon hearing the Cause shall seem meet And your Orator shall pray c. THE Hustings Court THE Court of Hustings is a very ancient Court of Record and is always held in Guildhall before the Lord Major and Sheriffs of London for the time being and when any matter is to be argued or tried in this Court Mr. Recorder sits as Judge with the Lord Major and Sheriffs and gives Rules and Judgment therein This Court is recorded to be held upon Mondays but it is usually held every Tuesday and if Tuesday happen to be a Holy-day then there is no Court held for that reason But a Court is always held although Monday be a Holy-day except at the particular times hereafter mentioned There is Hustings of Pleas of Land and Hustings of Common Pleas the Titles of which Courts for this present year and the times when there is not nor cannot be any Court held are as followeth Jan. 12. 1678 9. Pl'ita terre tent ' in Hustingo in Guihald ' London die Lune prox ' post Festum Epiphanie Dni ' Anno Regni Caroli Scdi ' c. Tricesimo primo 19. Co'ia Pl'ita tent ' c. die Lune in Festo Sci ' Wolstani Epi ' 26. Pl'ita terre tent ' c. die Lune prox ' ante Festum Converc'onis Sci ' Pauli Febr. 2. Co'ia Pli'ta tent ' c. die Lune prox ' post Festum Sce ' Agathe Virginis 9. Pl'ita terre tent ' c. die Lune prox ' ante Festum Sci ' Valentini Epi ' Martyris 16. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Valentini Epi ' Martyris 23. Pl'ita terre nulla Quia dies Martis fuit Festum Carnis privij Mar. 1. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Mathei Apostoli 8. Pl'ita terre tent ' c. die Lune prox ' ante Festum Sci ' Gregorij Epi ' 15. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Gregorij Epi ' 22. Pl'ita terre tent ' c. die Lune prox ' ante Festum Annuntiac'onis Beate Marie Virginis 29. Co'ia Pl'ita nulla Quia post Dominicam in Passione April 5. 1680. Pl'ita terre nulla Quia post Dominicam in Ramis Palmar ' 12. Co'ia Pl'ita nulla Quia in Hebdomada Pasche 19. Pl'ita terre tent c. die Lune prox ' ante Festum Sci ' Georgij Matyris 26. Co'ia Pl'ita tem ' c. die Lune prox ' post Festum Sci ' Marci Evangeliste May 3. Pl'ita terre tent ' c. die Lune prox ' post Festum Apostolor ' Philippi Jacobi 10. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Johannis ante Portam Latinam 17. Pl'ita terre nulla Quia Hebdomada Rogac'onis 24. Co'ia Pl'ito tent ' c. die Lune prox ' post Festum Sci ' Dunstani Archiepiscopi 31. Pl'ita terre nulla Quia Hebdomada Pentecostes June 7. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sci ' Barnabe Apostoli 14. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Barnabe Apostoli 21. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sci ' Joh'is Baptiste 28. Pl'ita terre nulla Quia dies Martis fuit Festum Apostolor ' Petri Pauli July 5. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Visitac'onis Beate Marie Virginis 12. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Benedicti Abbatis 19. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sancte Margarette Virginis 26. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Jacobi Apostoli Aug. 2. Co'ia Pl'ita nulla Quia null ' Hustingum tenetur à primo die Augusti usque
contrary to the said ancient usage and in contempt of the said Majors Court upon several new pretences never heard of till of late time whereby Clients are necessitated where they have cause to appeal to Equity to remove their Suits out of London whereas they might otherwise be relieved in the Lord Majors Court with far less Charge and greater Expedition For remedies whereof it is ordained enacted and established by the Lord Major Aldermen and Commons in this Common-councel assembled and by the Authority of the same That at all times hereafter the said Warrant of Levetur Querela under the Hand of the Lord Major or Recorder of the City of London for the time being for removing of any Plaint Attachment or other cause or causes levied or depending in either of the Sheriffs Courts of this City into the Majors Court being brought by a Serjeant at Mace and Minister of the Majors Court to the said Sheriffs Court either at the Guild-hall or Compter at any time before the Iury or any of them shall be sworn for Trial of such Cause or Causes shall be presently obeyed and allowed of And that neither the Iudge nor any Clerk or Officer of either of the said Sheriffs Courts do at any time hereafter presume to reject or disallow of any such Levetur Querela so brought or tendered unto him or them upon any pretence whatsoever other than in case of a further Order or Warrant under the hand of the Lord Major or Recorder for the time being in that behalf first had and obtained as anciently hath been used and accustomed And to prevent the daily inconveniences happening in Suit now depending or hereafter to be depending in the Courts of the said Sheriffs by reason of the great delays they meet with there by putting off of Causes under pretence of continuances entered by the Attorneys on both sides for the most part at the very time they should be Tried without the consent of the Parties Clients contrary to the ancient practice and usage of the said Courts whereby the Clients is delayed Witnesses and Iurymen discouraged by frequent and fruitless attendances to the intolerable expence of the Suitors For the preventing hereof for the future Be it enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by Authority of the same That no Cause or Causes in either of the Sheriffs Court be at any time hereafter from and after Issue joyned put off from Trial by pretence of any such Continuances entered or hereafter to be entered by consent of the Attorneys on either part but upon motion thereof first made in open Court and for some just and reasonable Cause to be shewed and allowed upon Oath before the Iudge of the same Court and upon payment of such Costs to the Party thereby delayed as the Court shall see cause to tax and allow And that no Clerk do henceforth presume to enter any Continuance in any Cause summoned for Trial without the special order and direction of the Iudge of the Court in that behalf first had as aforesaid And that no Fee be henceforth demanded taken or allowed by or to any of the Attorneys of the Sheriffs Courts aforesaid for or in respect of the putting off of any Trial under the pretence of such Continuance entered or hereafter to be entered as aforesaid upon pain that every Attorney so demanding taking or receiving shall for every such Offence for the first time forfeit the Sum of Five pounds and for the second to be finally discharged of and from his place of Attorney in the said Sheriffs Courts And to prevent the great mischiefs now daily growing and encreasing in the said Sheriffs Courts by excessive Costs taxed upon Iudgments there given by the consent for the most part of the Attorneys of both sides contrary to the usuage of all former Ages Be it enacted by the said Lord Major Aldermen and Commons in this Common Councel assembled and by the Authority of the same That no Bill of Costs exceeding the sum of Four and twenty shillings for the Trial of a Grand Iury Cause or exceeding the sum of Twenty two shillings for the Trial of a Petty Iury Cause shall at any time hereafter charge the Client of either side Nevertheless it shall and may be lawful for the Iudges of the said Courts respectively for good and reasonable cause shewed to them respectively by the parties of either side upon due examination of the circumstances of the Case in the presence of both parties to encrease the said costs of Suit by their discretions by a special Rule of Court to be entered for that purpose expressing the cause why such costs are so increased And upon complaint made by any person of greater charges then as aforesaid and producing the Bill under the Attorneys hand or other Witness that the respective Iudges of the same Court punish the Offender and relieve the party grieved according to their good discretions and the Rules aforesaid And that no Officer of either of the said Courts shall presume to make out Execution upon any Iudgment wherein the costs of Suit shall exceed the sums aforesaid respectively without such special Rule as aforesaid to warrant the same on pain to forfeit for his first Offence Five pounds to the relief of the Prisoners of that Compter wherein the Action shall be entered and for the second default to be expelled the Court for ever And to prevent the daily abuse of the Serjeants and Yeomen of the Sheriffs sometimes in permitting persons Arrested by them to go at large without Bail sometimes in keeping them in Alehouses or some other private places and not returning the Process in due time by which the parties were Arrested so that the Plaintiff is delaied and the Prisoner by the extorsion of the said Serjeants and Yeomen oftentimes put to a greater expence than will discharge the original cause of Action and sometimes by discharging persons by them duly Arrested without causing the Actions wherein they were so Arrested to be withdrawn although they take Money from the Defendant sufficient to do the same with and sometimes in not duly returning Executions by them executed or by discharging persons taken in Execution before satisfaction be entered upon Record whereby the said persons are oftentimes doubly charged for the same Debt Be it therefore enacted by the Authority aforesaid That the Serjeants and Yeomen of the said Sheriffs and every of them shall from time to time and at all times hereafter make due return into the said Sheriffs Courts of all the Precepts of the said Courts to them to be directed at the next Court after the Execution of the same Precepts and that all persons by them to be Arrested by virtue of the said Precepts or any of them shall be either delivered upon good and sufficient Bail or in default thereof by him or them committed to some of the persons within the said City at or before the next
Court to be holden after such Arrest so to be made to the end the party Plaintiff may proceed in his Action according to Law and that none of the said Officers presume to discharge any person or persons by him Arrested after agreements made between the parties till such time as the said Officer shall have caused either the Action to be withdrawn or satisfaction to be acknowledged on Record as the case shall require And if any of the said Officers shall hereafter offend in any of the Cases aforesaid and shall be thereof convicted by Examination of the Iudge in open Court upon complaint of the parties grieved or in default thereof by any other who shall inform the same that then and in every such case the Officer or Officers so offending shall for the first offence be by the said Iudge forthwith committed to the Compter there to remain till he shall have paid down the sum of Five pounds the one Moiety to the party grieved or in default of Information to be given by him or them as aforesaid then to such other person or persons who shall inform the same to the said Court over and besides such remedy as the said party grieved may have by his or their Actions at Law against the said Officers or any of them for any of the Defaults aforesaid and the other Moyety to the relief of the poor Prisoners in such of the said Compters wherein the said cause is or shall be entered And if any of the said Officers after he or they shall have been once convicted of any of the Offences aforesaid shall presume to offend in any of the said Cases the second time and be thereof convicted as aforesaid That then and in every such Case the said Offender over and above all other penalties herein above limited and appointed shall be ipso facto absolutely discharged from his said Office and the Sheriffs of the City for the time being are hereby impowred and required to nominate and present to the Court of Aldermen some other fitting persons to be by them admitted in his or their places as if the persons so offending and convicted as aforesaid were naturally dead Provided always that no Informer shall be intituled to the moiety of the said Five pounds unless the said Offender shall be convicted by the evidence of one or more persons indifferent and unconcerned to the profit or prejudice coming by the default of the said Officer Ever since the making of this Act my Lord Major's Warrant for removing Causes out of the Sheriffs Court into this Court hath been obeyed but as for the other matters they are not observed by the Attorneys in the Sheriffs Court which is the reason of the great Charge Plaintiffs and Defendants are compelled to pay to try Causes in that Court In all Attachments the person whose Moneys or Goods is attached is called the Defendant in the Attachment and the person in whose hands the Attachment is made is called the Garnishee And if the Plaintiff in the Attachment shall obtain a Verdict and Judgment for the Moneys or Goods attached in the Garnishees hands yet the Defendant in the Attachment may at any time before satisfaction acknowledged upon Record put in Bail to the Plaintiffs Action upon which the Attachment is grounded and thereby discharge the Judgment and all the Proceedings against the Garnishee and although the Garnishee be taken in Executâ—on upon any such Judgment yet if Bail shall be put in by the Defendant in manner as aforesaid before the Money shall be paid the Garnishee will be immediately discharged If an Attachment shall be made for Goods only and the Garnishee plead he had no Goods in his hands at the time of the Attachment or at any time after and the Plaintiff prove the Goods attached or any part of them in his hands the Jury in such case must find for the Plaintiff and say what Goods they find in the Garnishees hand whereupon Judgment must be entered as followeth Ideo considerat ' est quod fiat appretiatio And thereupon a Precept must be made and directed to one of the Officers of this Court to appraise the same Goods and if the Garnishee shall not produce them the Officer must return an Elongavit which is that the Garnishee hath conveyed the Goods out of the Liberties of this City The next Court-day for Trials after such return made a Jury must be sworn to enquire of the value of the Goods found by the former Jury to be in the Garnishees hands and Judgment must be entered for the value according to the Verdict of such Jury Note That upon Attachments no Costs are allowed to either party let the Verdict be for or against the Plaintiff The day for Trials in this Court is every Tuesday but every day is a Court for entering Proceedings as Appearances Rules Pleas and Judgments except Holy-days the week before Easter the first three weeks in August and from the Sixteenth of December till the Munday after Twelfth-day After Judgment obtained by the Plaintiff against the Garnishee upon any Attachment the Plaintiff must before Execution is awarded find Sureties who must undertake for the Plaintiff that if the Defendant in the Attachment shall within a year and a day then following come into Court and disprove or avoid the Debt demanded against him by the Plaintiff that then the Plaintiff shall restore to the Defendant the moneys by the Plaintiff attached and condemned in the Garnishees hands or so much thereof as shall be disproved or else that they will do it for him and then Execution will be granted against the Garnishee for the Moneys mentioned in the Judgment If A. attaches Money in the hands of B. as the Moneys of C. and in truth B. hath no Money in his hands belonging to C. but expects to receive the Moneys of B. some short time after in such Case B. after four Defaults passed which is usually in four days may discharge the Attachment by coming into Court personally and giving a Rule to declare upon his Attachment and if A. do not declare in three days following then Judgment will be entered against A. to dischage the Attachment But if A. do declare then B. may presently plead he had no Moneys in his hands at the time of the Attachment or at any time since and put the Plaintiff to prove any Moneys in his hands or else B. may discharge the Attachment by waging his Law Note That the Plaintiff shall not give evidence of any Moneys that came to the Garnishees hands after the time of the Plea The manner of waging Law to an Attachment is thus THe Garnishee must come into Court and there take the following Oath viz. You shall swear that at the time of the Attachment made which was the day of last past between the hours of Nine and Ten in the Forenoon of the same day or at any time since you had not owed nor did detain nor
it often happens that one years service after seven years shall be expired may be very considerable to the Master A Freemans Widow may take a Maid Apprentice for seven years and Inroll her in like manner as a youth in case she be above fourteen years of age but if the Indenture shall be made for less then seven years it is naught and against the Custom of London and will not oblige the Apprentice If an Exchange-woman or Sempstriss that hath a Husband free of London take a Maid Apprentice such Apprentice must be bound to the Husband and not for less then seven years and may be Inrolled and made Free at the expiration of her term in case she continue so long unmarried If any Master refuse to make his Apprentice Free when the time mentioned in the Indentures is expired such Apprentice may if he have duly served force his Master to make him Fre◠by summoning him before the Court of Aldermen or before the Chamberlain of London for the time being This Court is also a Court of Equity or Chancery for any matters within London and the Liberties thereof and the Recorder for the time being usually sits as Judge or Chancellor to determine such matters The manner of exhibiting a Bill in this Court is thus First it must be drawn and signed by one of the four City Councel whose Fee for perusing and signing thereof is 6 s. 8 d. then it must be ingrossed and entered in Court and one of the Officers belonging to this Court must give the Defendant a Summons personally within the Liberties of London to answer such Bill otherwise he is not obliged to appear The charge of drawing the Bill is 4 d. for every Sheet accounting twelve Lines to a Sheet and 6 d. a Sheet for ingrossing thereof and for the entering it in Court 2 s. and for the Attorney's Fee 3 s. 4 d. If an Action shall be depending in this Court and the party Defendant cannot be relieved but in Equity in such case he may exhibit his Bill against the Plaintiff in the Action and the entring the Bill in Court is a good Injunction to stay the Plaintiffs proceedings at Law without any motion until the Plaintiff shall give in his Answer thereto And note that when the Bill is to be relieved against an Action at Law the Plaintiff in the Bill shall not be compell'd to give the Plaintiff at Law any Summons to make answer to the Bill but if Affidavit shall be made that the Plaintiff at Law was 100 miles from London at the time of the exhibiting the Bill then upon motion to the Court the Plaintiff at Law shall and may proceed to Trial notwithstanding the Bill but Judgment and Execution must stay till the Plaintiff at Law answer the Bill or the Court shall make an Order to the contrary If an Action at Law shall be commenced in the Sheriffs Court the Defendant must cause the Action to be removed into this Court before he can stay the Plaintiffs proceedings at Law by exhibiting a Bill as aforesaid and if the Plaintiff at Law answer the Bill the Plaintiff in Equity may in eight days after the Answer put in exceptions to the Answer but if the Answer shall be full and the Plaintiff in Equity cannot prove the matters in his Bill suggested the Plaintiff at Law shall recover all his Costs against the Plaintiff in Equity Note That where a Bill is exhibited and no Action at Law depending the Defendant hath 8 Court days given him to Answer the Bill after his Appearance and if he does not answer the Bill in that time the Plaintiff in Equity may have an Attachment against him for which the Fee is 2 s. 6 d. and the Officers Fee for serving thereof is also 2 s. 6 d. which Fees the Defendant must pay when he gives in his Answer After Answer the Plaintiff may reply generally or specially and may examine Witnesses in like manner as is done in the high Court of Chancery to prove the Equity of his Bill and within a Month after Replication may bring his Cause to a hearing The Town-clerk or his Deputy is appointed to examin all Witnesses on both sides and his Fee for swearing and examining every Witness is 2 s. 4 d. and for the Copies of the Depositions 4 d. per Sheet but for the Copies è contra his Fee is 8 d. per Sheet The Town-clerk's Fee for every Order for publication or hearing of any Cause is but 6 d. and for an Order at hearing but 1 s. but if the Decree be drawn up and inrollect his Fee is 10 d. per Sheet and for the Copy 4 d. per Sheet After a Decree made the Plaintiff must serve the Defendant with a Copy thereof personally and make Affidavit thereof before an Attachment will be granted against the Defendant That the Plaintiff may serve the Defendant with a Copy of the Decree in any place whatsoever Note although out of the Liberties of London A Bill may be removed out of this Court into the high Court of Chancery any time before publication is passed after which time the high Court of Chancery will not retain the Cause The manner of removing a Bill out of this Court is thus First the Defendant must file a Bill in the high Court of Chancery against the Plaintiff in this Court and then must at the Registers Office give Bond to prove the suggestions in his Bill within fourteen days and procure Certificate that his Bill is filed and security given as aforesaid and then Petition the Lord Chancellor for a Certiorary to remove the Bill out of this Court And when the Petition is answered by his Lordship the Clerk in Chancery will make the Certiorary which must be delivered to the Town-clerk and he will allow it for which his Fee is 2 s. and then the Attorney for the Defendant in this Court will certifie the Bill Answer and Proceeding into the high Court of Chancery for which his Fee is 10 d. per Sheet If exceptions shall be put in to an Answer in this Court and a Cause at Law depending between the Parties the Plaintiff in Equity must the next Court move for a day to argue those exceptions otherwise they are over-ruled in course If the Defendant in Equity demurr or plead to the Plaintiffs Bill he must the next Court after the Demurrer or Plea is entred move for an Order to argue such Demurrer or Plea otherwise the same will be over-ruled in course and the Defendant will be compelled to give an Answer When a Freeman's Apprentice is legally discharged from his Master his proper way to recover part of the Money which his Master received with him Apprentice is to exhibit a Bill in this Court against his Master but if the Apprentice hath served five years or near that time this Court will not relieve him in ordering any money to be returned unless there be very extraordinary cause A
Lawrence Pountney One hundred and twenty pounds St. Mary Aldermary and St. Thomas Apostles One hundred and fifty pounds St. Mary le Bow St. Pancras Soperlane and Alhallows Honylane Two hundred pounds St. Mildred Poultry and St. Mary Colechurch One hundred and seventy pounds St. Michael Woodstreet and St. Mary Staining One hundred pounds St. Mildred Breadstreet and St. Margaret Moses One hundred and thirty pounds St. Michael Queenhith and Trinity One hundred and sixty pounds St. Magdalen Old-Fishstreet and St. Gregory One hundred and twenty pounds St. Mary Somerset and St. Mary Mounthaw One hundred and ten pounds St. Nicholas Coleabby and St. Nicholas One hundred and thirty pounds St. Olave Jury and St. Martin Ironmonger-lane One hundred and twenty pounds St. Stephen Walbrook and St. Bennet Sheerhogg One hundred pounds St. Swithin and St. Mary Bothaw One hundred and forty pounds St. Vedast alias Fosters and St. Michael Quern One hundred and sixty pounds Which respective sums of money to be paid in lieu of Tithe within the said respective Parishes and assessed c. shall be and continue to be esteemed deemed and taken to all intents and purposes to be the respective certain Annual maintenance over and above Glebes and Perquisites Gifts and Bequests to the respective Parson Vicar and Curate of any Parish for the time being or to his or their respective Successors or to other persons for his or their use of the said respective Parsons Vicars and Curates who shall be legally Instituted Inducted and Admitted into the respective Parishes aforesaid In which Act there is a Provision in these words Provided always and be it Enacted That where any of the Parishes within the said City have since the late Fire by death or otherwise become vacant the surviving or remaining Incumbent of the other Parish thereto united or therewith consolidated shall have and enjoy and have like remedy to recover the Tithes hereby settled to be paid as if he had been actually Presented Admitted Instituted and Inducted into both the said Parishes since the Vnion and Consolidation thereof And be it Enacted c. That the Aldermen of such respective Ward or Wards within the said City wherein any of the said Parishes lye and his or their Deputy or Deputies and the Common Councel-men of such respective Parish wherein the maintenance aforesaid is respectively to be Assessed to be nominated by such respective Aldermen Deputy Common Councel-men and Church-wardens or any Five of them whereof the Alderman or his Deputy to be one shall at some convenient and seasonable time before the 20th day of May 1671. assemble c. and they or the major part of them so assembled shall proportionably assess upon all Houses Shops Warehouses and Cellars Wharfs Keys Cranes Waterhouses and Tofts of ground remaining unbuilt and all other Hereditaments whatsoever except Parsonage and Vicarage-Houses the whole respective sum by this Act appointed or so much of it as is more then what each Impropriator is by this Act enjoyned respectively to allow in the most equal way that the said Assessors according to the best of their Iudgments can make it which said Assessments shall be made and finished before the 24th of July then next And be it further Enacted c. That if any variance or doubt happen to arise about any sum so assessed as aforesaid or that any Parishioner or Parishioners or Owner or Owners of any House Shop Warehouse or Cellar Wharf Key Crane Waterhouse or other Hereditament within any of the said Parishes shall find himself or themselves aggrieved by the assessing of any sum or sums of money in manner and form aforesaid that then upon complaint by the party or parties aggrieved to the Lord Major and Court of Aldermen of the said City within Fourteen days after notice given to the party or parties assessed of such Assessment made the said Lord Major and Court of Aldermen summoning as well the party or parties aggrieved and the Aldermen and such others as made the said Assessment shall hear and determine the same in a summary way and the Iudgment by them given shall be Final and without Appeal Provided always and be it enacted That any Assessment or Rate to be made by virtue of this Act shall or may in all or any the Parishes aforesaid in like manner be received or altered or laid again within three months after the 24th day of June 1674. according to the aforesaid Rules and any such Assessment or state shall or may be again received or re-assessed within three months after the 24th day of June 1681. And that all and every such new Assessment and state shall be liable to the like Appeals as aforesaid and shall be collected levied and paid as any other Assessment or Rate mentioned in this Act may or ought to be And be it further Enacted c. That if any the Inhabitants in any respective Parish or Parishes as aforesaid shall or do refuse or neglect to pay to the respective Incumbents aforesaid of any of the said respective Parishes any sum or sums of money to him respectively payable or appointed to be paid by this Act or any part thereof contrary to the true intent and meaning of this Act being lawfully demanded at the House or Houses Wharf Key Crane Cellar or other Premisses whereout the same is payable that then it shall and may be lawful to and for the Lord Major of the City of London for the time being upon Oath to be made before him of such refusal or neglect to give and grant out Warrants for the Officer or Person appointed to collect the same with the Assistance of a Constable in the day time to Levy the same Tithes or Sums of Money so due and in arrear and unpaid by Distress and Sale of the Goods of the party or parties so refusing or neglecting to pay restoring to the Owner or Owners the Overplus of such Goods over and above the said Arrears of the said Moneys so due and unpaid and the reasonable Charges of making such Distress which he is to deduct out of the Moneys raised by sale of such Goods In pursuance of which Act the Lord Major upon Complaint to him made by any Minister against any Parishioner for refusing to pay the Rate assessed will cause such Parishioner to be summoned to appear before his Lordship and if he refuse to appear or to pay the money assessed on his House or Warehouse his Lordship will upon Oath made of the Demand thereof grant his Warrant to Distrein the Goods of such Offender which Warrant is usually as followeth The Form of a Warrant to Distrein for Tithes or Moneys Assessed and Rated to be paid in lieu of Tithes WHereas A. B. is the Parson and present Incumbent of the Parish of St. M. B. in London burnt by the late dreadful Fire and hath for One year at the Feast of the Annuntiation of the blessed Virgin Mary last past and ever since been legally Instituted
three discreet Commoners of this City amongst others assigned by this Court to be Commissioners for this instant Month of January for the Court of Requests commonly called the Court of Conscience according to an Act of Parliament made in the Third Year of the Reign of the Kings Majesty that now is And that they sitting in the said Court of Conscience in the Guildhall of this City yesterday last being Wednesday the three and twentieth of this instant January to hear and determine Matters for the Recording of small Debts and relieving of poor Debtors in this City according as by the said Act of Parliament they are authorized and only out of a conscionable Care to be certainly informed of the true state of a Case brought before them and which was depending in the Sheriffs Court where they were informed that Thomas Hutton one of the Attorneys in the Sheriffs Court was retained for the Plaintiff in the said Court And the said Hutton being in the Guildhall in the view of the said Sir John Jolls and other the Commissioners the said Commissioners commanded the Beadle of the said Court to go to the said Hutton and require him presently to come to the said Sir John Jolls and the other Commissioners And albeit the Beadle went two several times to him yet the said Hutton peremptorily and contemptuously made answer That he neither could nor would come to them The which being here examined in full open Court and the said Hutton called to answer the same was in part confessed by the said Hutton and also proved by the Oath of the Clerk and Beadle of the said Court of Requests And to aggravate the said Offence and Contempt the said Hutton here in open Court did affirm That he knew not what Authority that Court had to send for him The which Indignities and Contempts offered to Commissioners chosen by this Court and established by Act of Parliament and to an Alderman of the City of London by a Subordinate Officer of this City This Court do generally hold the same intolerable and the said Hutton worthy of severe and condign punishment And therefore do order and decree that the said Thomas Hutton shall be presently and absolutely dismissed and this Court doth absolutely dismiss him of and from his said Place and Office of One of the Attorneys of the said Sheriffs Court aforesaid And Mr. Dale one of the Iudges of the said Court was sent for and being here private was required to take notice thereof and to publish the same in the Sheriffs Court and to take private Order that the said Thomas Hutton be not admitted hereafter to practise any more in the said Court The Clerks Fees of this Court FOr every Plaint 2 d. For every Appearance 2 d. For every Order 4 d. For every Precept or Warrant to commit to Prison 6 d. For every Search 2 d. For every satisfaction acknowledged upon an Order 6 d. Beadles Fees FOr warning every person within the Liberties 4 d. For warning every person without the Liberties 6 d. For serving every Precept or Warrant 4 d. THE SHERIFFS COURTS EAch Sheriff holds a Court of Record in Guildhall viz. every Wednesday and Friday for Actions entered at the Woodstreet Compter and every Thursday and Saturday for Actions entered at the Poultry Compter There is eight Attorneys belonging to these Courts who of right ought to have three Fees in every Cause that is or shall be brought to Trial viz. a Fee For the Appearance a Fee at Issue and a Fee upon Summons for Trial But if the Cause shall be summoned more than once he is to have a Fee upon every Summons Note That an Attorneys Fee in this Court is 1 s. 8 d. and no more The Attorneys of these Courts are admitted by the Court of Aldermen and must take the following Oath The Oath of the Attorneys of the Sheriffs Courts YE shall swear that ye shall well and lawfully do your Office of Attorney and well and lawfully examine your Client and their quarrel without Champarty and without procuring of any Iuries or any Enquest embrasing And that ye shall change no quarrel out of his nature after your understanding Also ye shall plead Ne ley ne suffer to be pleaded or leyed by your assent no Forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of his Iurisdiction nor none other matter but it be such as ye may find rightful and true by the Information of your Client whose information and saying upon your Oath and Conscience ye shall think to be true And ye shall not enform ne enforce any man to sue falsly against any person by false or forged Action Ready ye shall be at all times to come and attend at the warning of the said Major and of the Sheriffs of the said City unless ye be letted about the business of this City or for some other reasonable cause The Franchises Laws and Ordinances of this City you shall keep and do to be kept to your power And that well and lawfully ye shall do all things that to the Office of Attorney pertaineth to do As God help you There is two Secondaries two Clerks of the Papers two Prothonatories and eight Clerk-sitters belonging to these Courts The Secondaries allow and return all Writs brought to remove Causes out of these Courts The Clerks of the Papers file and copy all Declarations upon Actions in these Courts The Prothonatories do draw and ingross all such Declarations The Clerk-sitters enter Actions and Attachments and take Bails and Verdicts The Attorneys have not the custody of any Record belonging to these Courts their business is only to take their Fees due to them in every Cause and to give their Clients notice of Declarations and Trials and to advise them when and what to plead All Subpoena's for Witnesses to appear in these Courts are made by the Clerks belonging to the Judges of these Courts The Fees for a Trial in these Courts The Action 0 4 The Arrest 1 0 The Attorneys Fee 1 8 The Declaration if general 1 4 The Court Fees hereon 0 8 The Deletur 0 4 The Issue and Attorneys Fee 4 0 The Summons of the Jury and Attorney's Fee 4 8 The Subpoena 2 0 The Councel well deserve 5 0 The Juries Verdict 4 6 The Judgment 2 6 The Execution 1 4 If the Declaration be special the Prothonatories Fee for every sheet drawing and ingrossing is 0 8 The Defendants Fees for a Trial. The Attorneys Fee for Appearance and the Court Fees 2 6 The Copy of the Declaration 4 d. per sheet The Issue and Attorneys Fee 3 8 Attorneys Fee upon the Summons 1 8 After a Verdict obtained in either of these Courts and before Judgment entered the Defendant may stop Judgment by marking the Cause before the Lord Major for time to pay the Money recovered which he may do by speaking to an Attorney in the Majors Court and giving him