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A53418 Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer. England and Wales. Court of Chancery.; England and Wales. Court of Exchequer. Rules and orders of the Court of Exchequer. 1698 (1698) Wing O415; ESTC R11916 131,267 357

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time to time to receive and retorn the Writs and Commandments of the same according to the Statute in that behalf provided and that every Sheriff upon the entring into his Recognizance do declare and deliver unto one of the sworn Clerks in the Office of His Majesty's Remembrancer the Name of such Attorney or Deputy so by him assigned XLVI Rules to Sheriff to Retorn Process ANd where a Sheriff neglects to retorn any Process delivered to him Rules may be given the last day of the Term for to retorn such Writs by the Sealing-day or to be amerced 40 s. Sealing-day or amerced 40 s. XLVII Paupers IF any Person shall petition to be admitted in Forma Pauperis he shall bring a Certificate under his Counsels hand Certificate under Counsels Hand upon his Petition that he hath probable Cause of Suit and make usual Oath before he be admitted Affidavit and such Counsel to be assigned for one XLVIII Notes of Informations THat according to an Order of Court made the second day of July 1686. upon the making out of any Process upon any Information to be exhibited in the Office of His Majesty's Remembrancer in this Court for the Seisure Seisures of any Goods there shall be a brief Note or Entry made by one of the sworn Clerks in a Book to be prepared for that purpose of the Name of the Party that seized the same and of the Quality of the Goods seized together with the day of the Month when the same is Exhibited and that upon the making out of any Process upon personal Informations Personal Informations upon Penal Statutes there shall be a brief Note or Entry made by one of the sworn Clerks in the said Book of the Names of the Plaintiffs and Defendants together with the Day of the Month when the same is Exhibited unto which Book such person as is or shall be imployed on behalf of His said Majesty for the recovering and getting in His said Majesty's Moiety or part of such Forfeitures may have recourse and free liberty to inspect and peruse the same Majesty's Agent to inspect XLIX Records of Recoveries and Fines to be perfected THat the Records of the Recovery of all Goods or Merchandizes seised for being prohibited or unaccustomed and all Fines rated for the same shall be perfected and finished by the first day of the next Term following the Term of such Recoveries had or Fine rated to the end the same may be drawn down into the Pipe L. Pleadings upon Personal Informations EVery Defendant appearing upon an Information or Quo Warranto except Informations of Seisure is to plead to the same within four days of the next Term Plead 4 days next Term. after his appearance to the same or in default thereof Judgment by Nihil Dicit to be entred And where a Defendant being served with Process to appear to an Information shall neglect to appear the same Term and is taken upon Process of Contempt retornable the following Term he shall then Plead within four days after his appearance Four days after appearance on Contempt LI. Contempts c. THat after an Attachment is Retorned upon any Contempt upon an Information the next Process shall be an Attachment with Proclamation and upon the Retorn thereof a Commission of Rebellion and then upon Motion a Serjeant at Arms Same Costs as by Bill and the same Costs are to be paid upon Contempts on Informations as is directed before upon prosecution of English Bills LII Joyning in Demurrer WHen a Demurrer is filed the Defendant shall Joyn in Demurrer within six days or else Judgment by Nihil Dicit to be entred LIII Informations and other Matters of Law WHen a Replication is filed the Defendant shall Rejoyn within four days or else Judgment by Nihil Dicit to be entred LIV. Rules upon Retorns of Scire Facias UPon Writs of Scire Facias Retorned the last day of the Term and upon Inquisitions then Retorned whereon Goods are seised Rules may be given for the Defendants to appear upon such Writs of Scire Facias and to claim the property of such Goods seised by the Sealing-day after each Term and in default thereof Proceedings to be had in each Case respectively as where there are days in Term for giving such Rules LV. Notice of Trials NOtice of all Trials in London or Middlesex to be given six days before such Trials and of Trials at Assises notice to be given within six days after the the end of the Term. LVI Entring Judgment after Trials UPon the Retorn of every Postea Judgment to be entred within four days upon a Rule given if nothing be said to the contrary upon Trials in London and Middlesex and within the Term Judgment to be entred of the same Term and upon Trials at the Bar Judgment to be entred within four days after such Trial if there be so many days in Term and if there be less than four days in Term then Judgment to be entred the last day of the Term. LVII Irregularities in Pleadings THat all differences touching Irregularities in Proceedings or upon the Rules of the Court shall be determined by His Majesty's Remembrancer or his Deputy upon hearing the Attorneys on both sides who is to settle the same if he can and give Costs where he shall find the fault if not the Court to determine the same LVIII THat His Majesty's Remembrancer or his Deputy and the sworn Clerks in the Office do diligently attend in Court and do give an Account touching any Proceedings in Court as they shall be required Some Law Books lately Printed for J. Walthoe at his Shop in the Middle Temple Cloysters 1. NOw Reprinted The Lord Cokes Reports in French with References to all the Ancient and Modern Books of the Law 2. A View of the Penal Laws concerning Trade and Traffick wherein is Collected all the Statutes to the end of the last Session 1697. 12mo 3 s. 3. The Country Justice concerning the Practice of the Justices of the Peace in their Sessions and out of Sessions gathered for the better help of such Justices of Peace as have not been much Conversant in the Study of the Laws of this Realm by Mich Dalton Esq Folio 14 s. 4. Cases Argued and Decreed in the High Court of Chancery from the 12th year of King Charles the Second to the 31st Folio 12 s. 5. An Abridgment of all the Statutes of King William and Queen Mary 8 vo 4 s. 6. The Method of Pleading by Rule and President 1. In twelve several Branches of Abatement and Judgments thereon 2. In ten General Bars to the Action 3. Special Bars in Case viz. Slander Assumpsit Disturbance Misfeazance Negligence Trover Deceit Nusance Rescue and Escape with the Pleading of Uncore Prist or Adhuc Paratus 4. Bars in Covenant with Averments Protestations Traverses and Pleas after the last Continuance and also many Special Rules concerning the Bar Replication Rejoynder Surrejoynder c. With particular Cases Notes and Arguments relating to the Advantage and Method in Pleading Useful for the Clerks and Attorneys of the Kings-Bench and Common-Pleas 8 vo 5 s. 7. Lex Custumaria or A Treatise of Copyhold-Estates in respect of the Lord and Copyholder wherein the Nature of Customs in general and of particular Customs Grants and Surrenders and their Constructions and Expositions in reference to the thing granted or surrendred and the Uses or Limitations of Estates are clearly illustrated together with the manner of Declaring and Pleading either generally or as to particular Customs with Trial and Evidence of Custom and of Special Verdicts c. 8 vo 5. 8. Tryals per Pais Or The Law of England concerning Juries by Nisi Prius c. newly revived and much enlarged with an Addition of Presidents and Forms of Challenges Demurrers upon Evidence Bills of Exception Pleas Puis le Darrein Continuance c. The Third Edition corrected and ammended to which is now added a farther Treatise of Evidence c. 8 vo 5 s. 9. The Practick Part of the Law shewing the Office of an Attorney and a Guide for Solicitors in all the Courts of Westminster with the true manner of their Proceedings in any Actions Real Personal or mixt from the Original to the Execution Now newly set forth by the ablest Practisers of the several Courts with an exact Table of the Principal Matters 8 vo 5 s. 10. The Law of Obligations and Conditions wherein is contained the whole Learning of the Law concerning Bills Bonds Conditions Statutes Recognizances and Defeazances as also Declarations on Special Conditions and the Pleadings thereon Issues Judgments and Executions with many other useful Matters digested under their proper Titles c. 8 vo 4 s. 6 d. 11. Nomo Lexicon a Law Dictionary interpreting such difficult and obscure Words and Terms as are found either in our Common or Statute Ancient or Modern Laws with References to the several Statutes Records Registers Law-Books c. wherein the Words are used The Second Edition with the Addition of above 600 Words by Tho. Blunt of the Inner-Temple Esq Folio 10 s. 12. The Pleading and Aeguments upon the Quo Warranto against the Charter of London of Mr. Finch and Sir Robert Sawyer the King's Solicitor and Attorney General and Sir George Treby the Recorder of London and now Lord Justice of the Common-Pleas and the late Lord Chief Justice Pollixfen for the said City the whole Proceedings faithfully taken from the Records wherein is comprized all the Learning of Corporations whether forfeitable how and for what c. Folio 6 s. 13. The Statutes at Large in Paragraphs and Sections or Numbers from Magna Charta to the end of the last Session of Parliament May 3. 1695. in the seventh year of His Majesty King William III. in Two Volumes 3 l. FINIS
Some Law-Books lately Printed for J. Walthoe CAses in Chancery Folo price 12 s. Daltons Country Justice with large Additions Fol. 14 s. The Practice of all the Courts at Westminster Octavo 5 s. A View of all the Penal Laws concerning Trade to April 1697. 12o. 3 s. The Method of Pleading by Rule and President c. 8o. 5 s. Tryals per Pais 8o. 5 s. The Compleat Sheriff with the Office of a Coroner 8o. 5 s. The Table of Fees of all the Courts at Westminster as they were delivered in Parliament 8o. 1 s. 6 d. The Modern Conveyancer or Conveyancing Improved the Second Edition with Additions 8o. 5 s. The Law of Obligations and Conditions 8o. 5 s. Blunts Law Dictionary Fol. 10 s. All the Pleadings and Arguments upon the Qu● Warrant● against the City of London Fol. 6 s. Ordines Cancellariae BEING ORDERS OF THE HIGH COURT OF CHANCERY FROM THE First Year of King Charles I. To this present Hillary Term 1697. EXAMINED By the ORIGINAL ORDERS To which is added the RULES and ORDERS Of the COURT of EXCHEQUER LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. A TABLE OF THE Names of the Orders A. ACcounts 201 Affidavits 15 91 207 Amending Letters Patents 20 Answer 55 121 192 An Act for ascertaining the Fees of the Masters in Chancery 95 Attachments 54 B. BBankrupts 198 Bill 55 80 113 C. CAuses to be set down for hearing 135 196 Clerks of the Inrolment 40 Commissions for examining of Witnesses 11 Commissions 55 132 Contempts 141 Common Rules 54 Costs 80 Contempts 13 137 187 Cursitor 146 D. DDecrees made with the Assistance of the Judges 48 Decrees 56. 142 213 Demurrers 62 117 Depositions 55 73 134 247 Differences between the Six Clerks and Examiners 26 Division of Business of the Six Clerks Office according to the Letters of the Alphabet 36 107 157 Dismissions 55 56 E. EXaminers 3 64 73 Examiner suspended 215 Examination of Witnesses 38 72 125 154 204 Exceptions 123 209 175 234 236 239 Examiners Clerks not to practise as Solicitors 254 F. FEes 44 Fees of Affidavit Office 33 Filing of Affidavits 58 Filing Bills 77 83 86 Filing Exceptions 197 Filing Reports and Certificates 237 H. HEaring Causes 30 210 232 I. IDeots 70 Imposition on Law Proceedings 176 178 Injunctions 55 56 Joint Commissions 56 Inrolments of Patents 101 Interrogatories 216 L. LVnaticks 70 M. MAster 's in Chancery 70 144 Motions 65 Misdemeanors of the Young Clerks 221 240 244 Masters Clerks not to practise as Solicitors 254 N. NObility Answering 63 O. ORders on Petition 217 P. PAper Copies to contain 15 Lines 53 Plague 24 Paupers 151 Pauper Writs 173 Petitions 49 151 Persons committed to the Fleet for imbezling Records 51 Pleadings 55 Pleas 62 117 Priviledge 6 31 Privy Seals 55 Prisoners 61 Priviledge Writs 100 173 Proceeding in hearing Causes 136 Private Order 231 240 Q. QVakers 189 R. REferences 256 References of Insufficient Answers 5 Registers Office 87 88 Register 54 Registring Affidavits 8 Records 60 66 68 78 79 90 194 211 Recognizances 183 Rehearing 208 233 Renewed Writs 173 Regulating the Vnder-Clerks 222 S. SIx Clerks 61 81 205 244 Serjeant at Arms 205 251 Solicitors 205 Solicitor Committed for an Assault 188 Subpoena Office 85 Subpoena's 45 106 115 Subpoena ad audiendum Judicium 1 46 53 Subpoena ad Rejungendum 54 Surrender of one of the Six Clerks to the Master of the Rolls 219 T. TRansferring of Records 42 U. UNder-Clerk allowed Parchment 23 Vnder Clerks 171 244 Vnder-Clerks Fees 161 Vsher of the Court 158 W. WArrants 55 Writs in Forma Pauperis 100 A List of the Lord Chancellors Lord Keepers and Lords Commissioners of the Great Seal of England from the First Year of King Charles the First to the Ninth Year of the Reign of King William the Third SIR Thomas Coventry was made Lord Keeper of the Great Seal Nov. 1. in the First Year of the Reign of King Charles the First 1625. Sir John Finch was made Lord Keeper the 23th of Jan. 13 Car. 1. 1639. Sir Edward Littleton Knight made Lord Keeper the 23th of Jan. 16 Car. 1. 1640. Sir Richard Lane Knight made Lord Keeper the 30th of Aug. 25 Car. 1. 1649. Sir Edward Hide Knight made Lord Chancellor of England the 29th of Jan. 12 Car. 2. 1660. Sir Orlando Bridgman Knight made Lord Keeper the 30th of Aug. 19 Car. 2. 1667. Anthony Lord Ashly Earl of Shaftsbury Constituted Lord Chancellor of England the 17th of Nov. 24 Car. 2. 1672. Sir Henage Finch Knight made Lord Keeper the 19th of Nov. 25 Car. 2. 1673. Sir Francis North Knight made Lord Keeper the 22th of Decemb. 34 Car. 2. 1681. Sir George Jefferies Knight Constituted Lord Chancellor of England the 28th of Septemb. 1 James 2. 1685. Sir John Maynard Sir Anthony Keck and Sir William Rawlinson made Commissioners of the Great Seal in Hillary Vacation the First of King William and Queen Mary 1689. Sir John Summers made Lord Keeper in Hillary Vacation the Fourth of King William and Queen Mary 1692. And Constituted Lord High Chancellor of England the 23th of April the Seventh of King William 1695. ORDO CVRIAE OR ORDERS OF THE Court of Chancery From the First Year of King Charles the I. to Hillary-Term 1698. Veneris 30 die Junii Anno Regni Caroli Regis primo 1625. Concerning Subpoena's Ad audiendum Judicium Ordo Curiae WHEREAS the Right Honourable the Lord Keeper being informed of sundry Abuses Vide postea in the untimely and disorderly setting down of the Causes of Hearing in this Court and the obtaining of Subpoena's Ad audiendum Judicium thereupon whereby ancient Causes were stopt back from hearing and other Causes thrust in to the prejudice of the other Clyents and scandal to the Court the six Clerk towards the said Causes never being made acquainted therewith For reformation whereof the then Lord Keeper did Order and Require That hereafter it should be carefully observed that no Subpoena should be made Ad audiendum Judicium for any Cause of hearing whatsoever before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk that is Attorny and under the Hand of the Register and in their absence under the Hand of their sufficient known Deputies to warrant the same No Subpoena's to be made Ad audiendum judicium before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk and of the Register to warrant the same And if any such Clerk should after presume to offend therein then the said Clerk was to stand committed for his wilful contempt Forasmuch as the Right Honourable the Lord Keeper was this day informed by the said six Clerk that of late the said Order had been neglected in divers Subpoenas Ad audiendum judicium which had been made without any such notice