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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-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
his respective Plea or Answer which the said Master is to certifie and also in whose presence such Answer or Plea was sworn and in case any Defendant or Respondent shall put in any Answer Plea or Examination or Witnesses be examined without such notice being left as aforesaid such Defendants or Respondents may be proceeded against as if no Answer were put in or Examinations taken and the Depositions of such Witness or Witnesses are to stand suppressed And the Masters of this Court are to be very circumspect careful and wary in the Administring of Oaths to all persons whatsoever that the same be administred reverently and according to Law Finch C. Term ' Paschae _____ Anno Regni Caroli II. Regis 28. 1676. Touching farther Answer Ordo Curiae WHereas all persons summoned to appear in propriis personis and answer such Bills as are exhibited against them ought fully to answer before they depart Yet of late Complaints have been made that Defendants for delay either put in frivolous Pleas or Demurrers on insufficient Answers and such Plea or Demurrer being over-ruled or Answer reported insufficient new process of Subpoena issued to make farther Answer and when Defendants had stood out Process of Contempt for want of Appearances or Answers in time and have been discharged thereof by paying or tender and refusal of the Costs new Process of Contempt were to issue for any subsequent fault which occasioned not only great delay but expence and vexation to the Prosecutor which the Right Honourable the Lord High Chancellor of England taking into consideration for prevention of the like dilatory proceedings for the time to come doth order and ordain That in all such cases where the Defendants are to make farther Answers The Plaintiff need not serve the Defendant with a Subpoena to make a further or better answer but to give a Rule to the Defendants Clerk or a copy of the Order the Plaintiff shall not be obliged to serve the Defendant with a Subpoena to make a better Answer but shall only be obliged to give a Rule to make a better Answer if it can be given in T●rm time or if not then to give the Defendants Clerk in Court a Copy of the Order or Report whereby the Defendant shall be ruled to make such better answer during the continuance of the publick Seals before or after the Term and if after such Rule or Notice so given And if the Defendant do not in eight days put in a perfect Answer Process of Contempt the Defendant do not in eight days put in a perfect answer or by order or consent of the Clerk on both sides obtain a Commission to answer and thereby return a perfect answer at the return thereof the Process of Contempt shall issue for want thereof and in case any former Process of Contempt shall have issued against such Defendants for want of appearing or answering And the Plaintiff may proceed upon any former Process of Contempt notwithstanding Costs paid the Plaintiff may resort back to such Process of Contempt and proceed thereupon after such Rule or Notice given as aforesaid notwithstanding the Costs of such former Process were paid upon the coming in of such insufficient or frivolous Answer Plea or Demurrer but when the Defendant hath put in a full Answer such Costs as he had paid for such former Process shall upon payment of the rest be deducted and allowed to him Finch C. Lunae 3 die Julij Anno Regni Caroli II. Regis 28. 1676. Of sending Records into the Chappel of the Rolls Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor of England and the Honourable the Master of the Rolls That the Six Clerks of the High Court of Chancery do forthwith send the Inrolments of all Patents which they or any of them or their respective Clerks have in their or any of their Custody fairly written in Parchment and carefully examined into the Petty Bag Office to be estreated together with the Privy Seals and Warrants for the same and also all Decrees with the Docquets thereof to the Chappel of the Rolls The inrolments of Patents to be sent into the Petty Bag to be estreated together with the Privy Seals and Patents for the same and the Records of Deeds c into the Chappel of the Rolls to remain there And that the Clerk of the Inrolments do also send the Records of all Deeds and Recognizances Inrolled duly examined to the said Chappel and that all Records in the Petty Bag Office after the same are estreated be remitted with their Warrants from thence into the Chappel of the Rolls according to the ancient usage heretofore for sending Records into the said Chappel viz. the Patents after three years from the time of their Inrolments and the Records of Deeds and Recognizances from the Inrolment Office after two years The Patents after three years from the time of the Inrolment and the Records c. after two years from the time of Inrolment and so from year to year for the future And that such Records as are come into the Chappel and not fit to be received and continued there by reason of their ill Carracter bad Parchment Razures or Interlineations be transcribed within the Chappel of the Rolls at the Charge of the said Six Clerks and the Clerk of the Inrollments to which of them the said Records did at first properly belong Martis 1 die Januarij Anno Regni Caroli II. Regis 29. 1677. Touching hearing Causes Ordo Curiae WHereas Complaint hath been made to this Court as well by the Counsel at the Bar as others that there is a great abuse committed in not timely publishing of Causes Pleas Demurrers Exceptions to Reports and the like that are ordered to be heard and not setting of them up in a Paper in the Registers Office in due time by reason whereof the Counsel are many times surprized and cannot be prepared to hear their Clients Causes as they ought to be to the great prejudice of the Suitors and parties that sue in this Court for Justice For regulation whereof A Note of all Causes Pleas Demurrers Exceptions to Reports c. to be set down for hearing shall be set up by the Registers in their Office it is ordered That a Note of all Causes Pleas Demurrers Exceptions to Reports and the like that are ordered to be set down for hearing shall hereafter from time to time be affixed and set up by the Registers in their Office two days before the same are respectively appointed to be heard And in order hereunto all Clerks Solicitors and others are hereby required to bring to the Registers Office in due time all Orders for setting down of Causes Pleas Demurrers Exceptions to Reports and the like made upon Petitions or otherwise that so they may be set up in the Registers Office as aforesaid otherwise the said Causes Pleas Demurrers Exceptions to Reports and the like