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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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Defendant die or against the Son and Heir of the Defendant or against the ter-Tenant of the Lands which the Defendant held at the time of the Judgement And also when a single Woman marries after she recovers she must have a Scire fac in her and her Husbands name or where there are two Plaintiffs and one died after Judgement and before satisfaction there the Survivor must have a Scire fac and it is very fit a Scire fac be where two are such joyntly and one of them died after Judgement and before satisfaction that a Scire fac be had against th● Survivor Defendant that the future Execution be only against the surviving person for otherwise it mu●● be issued out against him that is dead as well as against him that is living for otherwise no Record will warrant the issuing of any Execution fo● or against them who before that Scire facias were therein never mentioned in all which Scire facias the●● must be a mention or suggestion 〈◊〉 the Cause thereof In a Scire facias against one Executor or Administrator for a Debt recovered against the Testator or Inte●state he may plead as he might to as Action commenced for the same thing against him Ne unques Exec. c. o● Administratio nunquam Commissa fuit but his safest course will be Plene administravit but if there were an● Judgement against the Testator 〈◊〉 Intestator that must be pleaded i● special or otherwise he shall have 〈◊〉 benefit thereof when he comes 〈◊〉 discharge the Assets that shall be charged upon him upon his general Plene Administravit The Scire facias against the Heir is where any Heir hath any Lands fallen upon him from Father or Kinsman without any conveyance formerly made to him thereof or against the ter-Tenant is where any one doth occupie and hath purchased Lands that were the Lands of him against whom any Recovery was had at the time of the Judgement given for all such Lands are lyable to the Judgement and in these Cases the Defendants in the Scire fac are to appear and defend themselves if they can the ter-Tenant by pleading some Conveyance made of the Lands before Judgement or something else as his Case requires and the Heir defendeth himself most commonly by pleading Riens per discent which is sometimes generally and some other times specially pleaded now to plead it specially is to say he hath nothing by discent praeter c. to wit save ten acres of Lands or such a quantity in such and such Townships for if the Heir be sure the Plaintiff cannot fasten that he hath any Lands by discent he may safely plead the general Riens per discent but if he hath not from his Father or Ancestors some thousand acres and but one acre or two by discent and all the rest being a thousand or two thousand are not so he must except the two acres in his Plea without which the Plaintiff upon the general Issue pleaded if he prove the Defendant hath one or two acres by discent shall have a Writ not only to extend that but all the rest of the Land that he holds as were the late Lands of him against whom the Judgement was though he held them by conveyance and came not by discent whereof he must be seized in Fee-simple at the time of the Writ brought against him or else he is not lyable and upon Judgement had against Heir and ter-Tenants the Plaintiff is to have Execution to extend the whole Lands thereto lyable till the whole money recovered be thence levied If Judgement in any Action or on a Scire fac against an Executor or Administrator the first Execution is a ●ieri facias de bonis testatoris for the ●rincipal Debt and bonis propriis for ●he Damage thereon if the Sheriff ●o return that the Executor or Administrator hath no Goods unad●inistred then the Plaintiff is without remedy against the Party but is ●y an Action upon the Case to take is remedy against the Sheriff for ●●e return is not held sufficient or ●ny good return in Law but if the ●heriff returns a Devastavit c. then Fieri facias de bonis propriis goes out ●o leavy the whole as well the Debt ●●s the Damage out of the Executor or Administrators own Goods which return also proves sometimes very dangerous to the Sheriff for ●n returning of a Devastavit against ●ome Executor or other wherein ●evera it lies not that Executor may ●●ring his Action against the Sheriff ●nd recover very great Damage against him therefore the Sheriff is ●n a strict case and he should do nothing rashly but all things warily ●nd advisedly and so he cannot do amiss And upon that Fieri facias bonis propriis if the Sheriff return nib●habet c. then the Party Plainti●● shall have a Capias ad satisfaciend against the body of the Executor o● Administrator There are many other things which are requisite for an Attorneys knowledge as the knowledge in the solicitation of quashing or traversing of Indictments or Presentments a●● in levying of Fines and suffering common Recoveries for better assuring of Lands and some other things which would prove too tedious to insist upon for I confess have been in some things before ove● tedious already therefore I sha●● leave them to learn and to seek o●● by their own industry the knowledge of them if they conceive the pleasure in them or the gain gott●● thereby will countervail their pain● And indeed I rather omit to speak any thing touching the quashing and traversing of Indictments for it matters not much what such Person 〈◊〉 gives occasion to be presented o● indicted may suffer for defect o● knowledge that way in his Attorney for Councel if well paid as such Person to avoid their conviction and consequently their penalties and punishments will or at least should do will sufficiently direct them And for the knowledge in suffering of common Recoveries and levying of Fines it belongs altogether to Councel to be managed and directed without an Attorney be in something able to ease the Councel as by Drawing Titlings and Concords which an Attorney who that way obtained good experience may do otherwise I hold him not fit to meddle therein or to be instructed least trusting to his Instructions without further knowledge he may spoil his Clyents Conveyances and thereby do him therein more harm perhaps then by his negligence or ignorance in dealing for his Clyent in several petty Causes It is very behoovefull for an Attorney to know at least the forms if not the nature of all Writs and the Retorns of them especially of such Originals second Writs Jury Writs and Writs of Execution as be most used and expedient for his practice And to know well the Fees of the Prothonotory and the rest of the Officers of the Court for without some knowledge in these Writs and Retorns his Clyents Cause may be delayed and perhaps sometimes overmuch
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
Weeks before every Great Sessions by Warrant from the Chief Justice of the Circuit a general Writ of Summons is sent forth by the Prothonotary to the Sheriff by which the Sheriff is Commanded to Proclaim throughout his County that the general Great Sessions for the County is to be holden at such a day and place And that he Summon and give Warning to all Justices of the Peace c. Officers and other Persons whom it doth concern that they appear at the day and place limited by the said Writ Which Proclamation being made on a Market-day all Persons whatsoever by the course there holden whether Plaintiffs or Defendants in Suits before depending or others who intend to Commence any Suits and also all such who suspect any Suits may be brought against them are at their perils according to the general Summons before mentioned to have their Attornies in Court to prosecute and defend the said Suits The Sessions being begun The Plaintiffs who are to Commence Actions do retain their Attornies and bring their Actions either by original Writ as is usual for all kind of Debts not finable upon the Original which Writs are made returnable the first day of the Sessions and dated fifteen days before the Sessions or else by Bill or Queritur which may be either for Debt Trespass or upon the Case And whether it be by Original or else by Bill or Queritur the Defendant upon the Original and first Bill or Queritur and all Process before appearance thereupon awarded is ever called in open Court to come forth and answer to the Plaintiff in such or such an Action as the Case is and if by Original the Defendant being thereupon called and not appearing then a second Writ of Summons is awarded returnable the next day after which being made by the Prothonotary and sealed with the Judicial Seal of the Court and returned by the Sheriff the Defendant is thereupon a second time called openly in Court And if then the Defendant appear not the Plaintiff hath Judgement by Default So it is also in case the Action be brought by Queritur or Bill saving only that Judgement is not in that case had before a third Writ of Summons issue and thereupon the Defendant being the third time called do make Default whereas if by Original there needs but one Writ of Summons besides the Original it self The first Bill or Queritur commonly bears date the first day of the great Sessions or the day when the Attorny sueth it forth and is returnable the next day after the date of it whereupon if the Defendant being openly called in Court appear not then a second Writ to Summon the Defendan-again is awarded whereupon if the Defendant being the second time called appear not then a third Bill or Queritur to Summon the Defendant is awarded whereupon if the Defendant being called a third time appear not then the Plaintiff hath Judgement by Default And these Writs are successively awarded and made returnable de die in diem and the Judgement had in three dayes at the most in cases of debt if the Defendant appear not but if the Defendant appear then the Plaintiffs Attorney declares and upon the Defendants pleading and not confessing the Action then issue is joyned the same Sessions and tryed the next Sessions after And it is here to be observed that the awarding of these Process and obtaining of these Judgements by Default depend upon the Sheriffs return of any ●●e said Writs whether the Actions be brought by Original or by Bill or Queritur For if the Sheriff return a Summons as usually he doth in all cases of Debt because of the general Summons of the Sessions upon the Writ first before mentioned by which the Sessions was proclaimed then those Judgements are obtained as is before expressed But if the Sheriff return that the Defendant hath nothing in his Bailiffwick whereby he may be Summoned or Attached as usually he doth in cases of Trespass and upon the Case then a Capias to Arrest the Defendant is awarded and a Writ of Distringas also ad infinitum in cases of Trespass and issues thereupon returned by the Sheriff untill the Defendant do appear Neither is the Defendant in case of these Judgements thus obtained by Default any way prejudiced but by his own Laches or wilfulness For in all cases of Debt if he or his Attorney tender an Appearance any day within the Sessions or after with consent of the Plaintiffs Attorney before the Debt sworn the appearance is accepted And if he neglect so to do so that the Judgement stand yet no Execution can go forth untill the Plaintiff do first swear his Debt and Damages for the forbearance of it either before the Judges in open Court or else by special Commission in which Case also execution of the Writ by the Sheriff though gone forth is stayed in the Attornies hand by Order till commonly six Weeks or two Moneths after the Sessions to the end that the Defendant may satisfie the Debt before the delivery of the Writ to the Sheriff if he please In prosecution of all which kind of Actions in Debt and Trespass which are almost the whole business of the Sessions the parties are not delayed above one or two Sessions unless by some dilatory Pleas and Demurrers which seldom happen and for taking away whereof some provision may be made and the Charges unless in Cases where and issue is pleaded and tryal thereupon had not commonly above thirty shillings except where the Debt being above forty pound is finable to the King in case the Action be brought by Original Neither are the People in prosecuting and defending these Actions inforced to travel out of their own Counties Also in Cases of real Actions which are very few the proceeding is speedy unless it happen by multiplicity of Pleadings occasioned by the intricacy of Titles and variety of Conveyances to be pleaded which for the most part is avoided the Conveyances being given in Evidence Those Courts of the great Sessions have a Chancery within themselves and have had power to relieve in Cases of Equity ever since H. 8 time A Tract or Directory touching the Practick of an Attornies profession in the Court of the great Sessions in Wales IN the first place it concerns an Attorney partly as well as the Lawyer to understand at least the nature if not the whole cause and ground of his Clients Action or Suit before he undertakes to follow it without which he will not be able to do his Client any great benefit more then suing out of Process and going from Office to Office which every ordinary fellow that can but write and read is able to do as well as he Then to ease his Councel Common Actions at the Sessions and not to trouble him to do every ordinary plain thing he is to draw his Titling for to have out his original Writ or Queritur as the case requires and the
most common and ordinary Actions in the Sessions are Actions of Debt of Trespass of Trespass on the Case Trespass and Ejectment Writs of Dower Quod ei deforceats These Titlings are usual things To instance in one of Debt which is the commonest The Defendant must be named in the first place according to the truth of his name dwelling place and addition and in the second place or alias dictus if by specialty according to the words of the Obligation verbatim literatim for if the words of the Writ and the words of the Obligation do not agree the Defendant may plead variance between the words of the Writ and the words of the Obligation and so abate the Writ which must be after appearance and before Declaration be put in but if there be no Obligation for the debt then there needs no Alias dictus in the Writ and in that and other Actions there be presidents for the Titlings which therefore need not be insisted on here In every Writ where the Sheriff is commanded only to summon the Defendant to appear the retorn therein must be pledges and summons to answer the Writ and if the Defendant neither appears nor essoigns on the original Writ in debt and if he essoigns and warrants not his Essoign within the next day after he casts the Essoign an Iterum Summoneas is to issue out upon which Writ in default of appearance or Essoign there is Judgement granted by default which is commonly called Judicium si c. but not entred so upon the Roll which is a conditional Judgement for before the Judgement be entred the Plaintiff is to swear his debt and thereupon to recover onely what he swears to be due with ordinary interest and costs And if the Iterum Summoneas be essoigned which may be when the first is not it is but a dayes delay and then if no appearance be Judgement is to be had as formerly is said But if you sue upon a Bond for performance of Covenants Articles Awards or any other collateral matter being not absolutely for payment of money the Plaintiff is also therein to recover by default for want of appearance and yet not swear his debt or damage but upon motion and shewing the special matter he shall have Judgement entred absolutely after calling the Iterum Summoneas for the whole penalty of the Bond without any Oath as aforesaid If the debt be due within fifteen dayes of the Sessions or the case otherwise lyes as several wayes it may so that the Action cannot be begun by an Original then there must be a Queritur or a Bill had from the Prothonotaries Office upon which you must have a second and a third Bill and them called the first one day the second the next day and the third the third day before you can recover by default and then Judgement is to be had in the same manner as if it had been begun by Original in default of appearance And on these last mentioned Writs the Sheriff is to retorn only Summons as well upon the Queritur as upon the second and third Bill for the Plaintiffs Pledges are alwayes inserted of Course within the Queritur or first Bill and there is no prejudice or any great matter or difference whether the Plaintiff sue by Original or Queritur but that he cannot proceed to Outlary against the Defendant upon the Queritur After you have gotten an appearance upon any Writ or Bill then the Plaintiff must declare and call or move for a Rule for the Defendant to answer the first Rule is general and the second in all those personal Actions is peremptory and if the Defendant pleads not before the peremptory Rule be out then the Plaintiff is to recover upon a Nihil dicit The common and most usual pleading to an Action of Debt upon a Bond for payment of money in this part of Wales is non est factum and to an Action of Debt without specialty is nihil debet per patriam c. whereunto the Plaintiff replyes to joyn up the Issue but for a Debt without specialty the Defendant may wage his Law and say Nil debet per Legent in which case the Court will assign the Defendant a day to come to wage his Law which commonly is the first sitting of the next Sessions following and cannot be delayed further where the Defendant must swear he owes the Plaintiff nothing and produce twelve men to swear that they believe it which is called Duodenâ manu but the Court accepts of three or four with the Defendant as I have seen it but if the Defendant comes not to wage his Law the Plaintiff is to recover There be indeed several other Pleas to be pleaded to Actions of Debt due by Bond as per Minas per Dures Imprisonment Release Nonage c. which may be seen in the Books of Entrees If the Bond be with Condition the Defendant may demand Oyer of it which must be done between the first and second Rule and then Conditions performed may be pleaded which are usually and fittest to be done by Councel and Oyer may be demanded of all other Bonds and Writings pleaded if the Defendant plead in manner as aforeaid In all or most Actions of Debt without out Bond or Specialty upon simpl Contracts there is at the great Sessions in Wales a far shorter and less intricate way to declare and so ground an Action then in the Courts above at Westminster by the ancient Custome of North-Wales had and deduced from those three Northern Counties that were Shire-grounds time beyond all memory and are indeed rightly and properly the very North-Wales which way is by a meer and plain Concessit solvere and no matter expressed besides the time and place of the Contract and the day of payment whereunto the Defendant most commonly pleads the aforementioned general Issue of Nil debet per patriam and at the trial the whole matter and consideration will be given in Evidence so that thereby the Plaintiff saves what often falls out by declaring specially in an Action upon the Case for every Debt upon small Contracts wherein the Plaintiff will be more closely held to prove all Circumstances mentioned in the Declaration for all Actions upon the Case are strict and therefore more subject to miscarry and by several wayes overthrown then those general wayes of Concessit solvere which are constantly used and approved by the priviledge of the Custome aforesaid which are often very beneficial to the Plaintiff in many things for the Defendant hardly till the Trial knows if many Bargains passed between him and the Plaintiff upon which of them the Plaintiff will produce his proof and if the Plaintiff can make proof but of part of the Debt declared he shall recover so much for the Defendants Plea upon which the Issue is joyned sayes he doth not owe that Debt or any part thereof and so it is beneficial in many things else but not
ij s. Res inde ij s. Narr vers Vouch. ij s. Li lo. j s. Jud. vers tenant ij s. vj d. Jud. vers Vonch ij s. vj d. Hab. fac seisinam ij s. vj d. Entry Return ij s. Exemplific vj s. viij d. j l. v s. ij d. li With double Voucher Narr vers tent ij s. Res inde ij s. Narr vers vouch ij s. Res inde ij s. Narr vers 2. vouch ij s. Res inde ij s. Li. lo. 1 s. Sum. ad Warr. ij s. Jud. vers tent ij s. 6 d. Jud. vers vouch ij s. 6 d. Jud. vers 2. vouch ij s. 6 d. Habere fa. seisinam ij s. 6 d. Entry retorn ij s. 6 d. Exemplification 6 s. 8 d. 1 l. 14 s. 2 d. For receiving and recording every Fine vj s. The Goal Fees For every Prisoner that appears upon Bail for recording of appearance ij s. For every Commitment per Court ij s. For every non Cul. pleaded ij s. For every Acquittance by Procl or otherwise i s. v d. For every Bail over ij s. For every Writ De Pace ij s. De bono gestu ij s. Hab. corp prisonarii ij s. Deliberes co prisonarii ij s. Restitution ij s. Scire fac ij s. Excommunicat cap. ij s. Excommun deliband and other speciall Writs ij s. For recording every Mittimus and Signific iiij s. For certifying every Record for every sheet viij d. Every Attachment xij d. For enrowling every Pardon according to the length xx d. a sheet xx d. For certifying of every Recognizance ij s. For every Travers to an Indictment ij s. For every Recognizance to prosecute in Travers ij s. For every Ve. fa. thereupon xiiij d. q. For every Hab. cor or distr xx d q. For every Non cul thereupon by Jury ij s. For every person indicted upon Trespass that submits himself ●o the Fine upon the Ve. fa. i s. vi d. Upon the Cap. ij s. vi d. Upon the Al. Cap. iij s. v d. Upon the Plur. Cap. iij s. v d. Upon the Exigent vi s. v d. Other Fees there are which experience will best inform Fees upon a Writ of Error For certifying the Record 1 l. Prothonotory for entring upon Record vi s. viii d. Copia Record xiij s. iiij d. Consil x s. Pro quolibet Error ij s. a piece Feod Attorney ij s. 2. 14. 0. Sessio secunda Councel x s. Writ of Restitution iij s. vij d. Continuance 1 s. Feod Attorn ij s. 16 s. 7 d. Kings Silver post fines xl s. pay vi s. viij d. iij l. x s. iiij l. xv s. v marks xiij s. iv d. v l. xx s. For filing a Writ of Habere facias possessionem vi s. viij d. Quinto die Aprilis Anno Regni Domini Jacobi Dei gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensor c. Angliae Franciae Hiberniae sexto Scotiae quadragessimo primo A Rate of all and every the Fees and Duties to be received by the Prothonotary and Clerk of the Crown of the Counties of Denbigh and Mountgomery and his Clerks as belonging to his said place and Office assessed rated and appointed according to the Statute in that behalf made and provided 1. FOr every Queritur 4 d. 2. For every Writ upon a Queritur under 40 s. 4. d. 3. For every Writ upon a Queri●●r and second Writ for 40 s. and ●●ove 6 d. 4. For every Writ upon a Queri●●r in Actions upon the Case 12. d. 5. For every second or third Writ in plea of Land Ejectione firme Trespass on the Case and such like 12 d. 6. For every Writ of View Sum. ad Warran Sum. ad anxiliand are such like 12 d. 7. For every Venire facias under 40 s. 12 d. 8. For every Venire facias for 40 s and above 14 d. 9. For every Venire facias in ple● of Land Ejectione firme Trespass o● the Case Appeals and the like 2 s. 4● 10. For every Hab. corpora Distringas Alias distringas under 40 s with a Tales 1 s. 4 d. 11. For every like in plea o● Land Ejectione firme Trespass on the Case Appeals and such like 2. s. 8 d 12. For every Petty Cape and Grand Cape 2 s. 13. For every Tales de Circumsta●tibus 2 s. 14. For entring every Challenge 2 s. 15. For joyning every Issue t● the Challenge 2 s. 16. For entring every not Suit 2 s. 17. For entring every Verdict in Debt 1 s. 18. For entring every Judgement in Debt 1 s. 19. For every the like Entrees under 40 s. 6 d. 20. For every the like Entrees in plea of Land Ejectione firme Appleals Trespass on the Case and such like 2. s. 21. For Adjournment of a Jury after appearance 2. s. 22. For every Execution under 40 s. 4 d. 23. For every Execution of 40 s. and above 6 d. 24. For every Writ of Seisin 2 s. 25. For entring of Seisin 6 s. 8. d. 26. For every Elegit 2 s. 27. For every Sc. fac Excommuni●ato Capiend Exigent Capias Vtlegat Writs for certifying of Matrimony or Bastardy Supersedeas Writs of Restitution Procedendoes and such like for every of these 2 s. 28. For entring every Declaration under 40 s. 4 d. 29. For the like of 40 s. and above Trespass Detinue and the like 8 d. 30. For entring every Declaration in plea of Land Ejections firme Trespass on the Case and Appeals and such like not exceeding two sheets 2 s. 31. For entring every Plea under 40 s. 4 d. 32. For entring every Plea for 40 s. and above not exceeding two sheets of Paper 1 s. 33. For entring every such like Plea in plea of Land Ejectione firme and Trespass on the Case and such like 2 s. 34. For entring filing and enrolling in parchment of all Writs Declarations Answers and every other Plea if the Copy thereof be above two sheets of paper as Copies are usually written in his Majesties Court of Common Pleas or Kings Bench then for such sheet of paper 12 d. and after that rate 1 s. 35. For entring the Tenants demand of View ij s. 36. For every Habear corpora Dlstringas and alias Distringas for 40 s. and above with a Tales i s. viij d. 37. For joyning every Issue in Debt under 40 s. iv d. 38. For joyning every Issue in plea of Debt of 40 s. and above Trespass Detinue and such like i s. 39. For joyning every Issue in plea of Land Ejectione firme Trespass on the Case Appeals and such like ij s. 40. For every Scriptum de Dom. ij s. iv d. 41. For entring every Warrant of Attorney iv d. 42. For entring every Essoin iv d. 43. For entring every Adjournment unto an Essoin ij d. 44. For every Rule iv d. 45. For search for every Sessions iv d. 46. For every continuance before Issue joyned iv d. 47. For every continuance in Debt after Issue joyned for entring the same upon the plea