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justice_n chief_a lord_n plea_n 5,523 5 9.8646 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A33580 The Young clerk's tutor enlarged Cocker, Edward, 1631-1675.; J. H. 1668 (1668) Wing C4858; ESTC R38749 71,419 127

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confesseth the Commissioners ought not to take her Cognisance If all the Cognisors cannot conveniently come to acknowledge the Fine at the same time the Commissioners may take the Cognizance of such as are present and the same Commissioners or others may take the Cognizance of the rest at another time and then write under the Concord thus Capt. et cognit per supra dictors A. et B. apud C. in Com. S. prime die Iulis Anno Regni Dom. C. Secundi Regis Angliae c. decimo quinto coram Whereunto the Commissioners must set their Hands as before and when the rest have acknowledged let them or other Commissioners named in the Dedimus write the like for the rest and let all the Commissioners who have taken the Fine set their hands to the back of the Bill Note That this Dedimus potestatem hath no certain Return so that if you execute it any time within a year after it is sued our it will be well enough Your Fine thus acknowledged you must File the Dedimus and Concord together and then carry it to the Curfitor for that County at the Cursitors Office in chancery Lane over against Lincoln-Iun who will thereupon make your Writ of Covenant which ought to bear Teste before the Dedimus because it is supposed by the Dedimus to be then depending but whether it be returnable before or after Caption of the Fine is not material though they usually make it returnable after the Caption Your Writ of Covenant thus made you are to carry to the Alienation Office where you are to compound for your Fine according to the value of the Land with one of the Commissioners there sitting If all that is passed in your Fine be not worth forty shillings by the year you must have one to make Affidavit of it before the Doctor there and then you shall pay no Fine for Composition Or if you know the value of the Land or the Purchase money you are to inform the Commissioners that they may rate the Fine accordingly If any Fine of the same Lands hath been passed not long before you are to shew that whereby you may perswade the Commissioners to tax it somewha● the less The Fine thus rated you must go into the Receiver in the same Office and there pay the Fine of Composition and six pence over for entring in the Receivers Book and his signing the Writ But if the Fine were taken by my Lord Chief Justice of the common-Common-Pleas that fix pence is not to be paid to the Receiver When you have paid the Fine you carry the Writ to one of the Clerks in the same Office that sits next Mr. Crow who doth Indorse the Writ for which you pay four pence then Mr. Cretr's hand four pence to the Clerk that sits next by who enters it and hath six pence But if it be after Term a shilling Then get two of the Commissioners Hands to your Writ for which you may pay nothing Having thus done at the Alienation Office you are to carry your Writ again to the Cursitor who writes under the Writ thus Pro. dim marc solut pro Fine or othewise as the Fine is and will then get it sealed for you for which when you fetch it away you pay him two shillings six pence and then he will deliver you your Concord and Dedimus again which you left with him at the bespeaking your Writ of Covenant Next you are to make your Warrant of Attorney in Parchment as followeth D. ff A. B. po lo. suo N. C. Attornat suum ad prosequend breve con versus C. D. E. uxorem ejus de tenementis cam perin in E. You are to carry your Warrant of Attorney together with your Writ of Covenant to the Clerk of the Warrants who hath for filling the Warrant and signing the Writ four pence Next you are to carry your Writ to the Office called Ione's Office in Bink Court Middle-Temple ho will return your Writ and enter it and hath for that one shilling six pence Note For more expedition you may return your Writ your self before you carry it to the laft mentioned Office it is done thùs Towards the upper end of the back of pleg de Iohannes D●● the Writ proc Richardus Roe Towards the Middle Sum. Johaanes Denn Towards the Middle Sum. Richardus Fenn Towards the bottom the A. B. Miles Sheriffs Name Vic. Note It must be the Sheriff that was in Office when the Writ was Returnable Having gone thus far you are to file your Writ of Covenant Dedimus and Concord together and carry them to the Office of Cus●os B●evium there the Secondary or his Clerks will ●enter it in his Book and Endorse the Writ for which you pay three shillings eight pence from thence you carry it to the Kings Silver-Office in Lincolns-Inne where the Fine for the value of the Land is entred for which you pay in Sussex fourteen pence Surrey ten pence most of the Western Countries eighteen pence c. Hence you are to carry it to the Secondary at the Chirographers Office who enters it in his Book and hath for it in Term time five shillings eight pence after Term six pence more Then are you to deliver it to such of the Clerks of the same Office who write for the County where the Lands lie who will Engross the Indentures of your Fine which when you fetch from him some convenient time after he will demand of you three shillings six pence if it be with one Warranty onely otherwise six pence a piece for every Warranty more How justly these Clerks demand this Fee of three shillings six pence I know not formerly they never received more than two shillings six pone And thus I have led you through the several Officers where your Fines pass At many of which you shall be enforced to wait long and often to go and come again two or three days after the Clerks hoping thereby to extort somewhat out of you for expedition which I conceive non expedit for you cannot justly demand it of your Client It is best therefore to begin with your Fines as soon in the term as you can which will save you many po●● Terminus'● Note You may acknowledge a Fine in open Court or before the Lord Chief Justice of the common-Common-Pleas ou● of Court or before any other Judge of that Court or before the Justices of Assize in the Country as well as by special Dedimus potestatem And if you can conveniently have it acknowledged any of those ways it will be less charge to the Client The Lord Chief Justice of the Common Pleas may ex ●●ficio our if Court take the acknowledgments of Fine without any Dedimus c. but none other if therefore you are to acknowledge it before him you must draw out the Praecipe and Concord fairly in Paper and let the Cognisors set their Hands to it then go to my Lords Chamber and deliver your Concord