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land_n estate_n grant_v rent_n 1,394 5 9.6945 5 false
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A28357 Ordinances made by the Right Honourable Sir Francis Bacon ... being then Lord Chancellor for the better and more regular administration of iustice in the Chancery, to be daily observed saving the prerogative of this court. England and Wales. Court of Chancery.; Bacon, Francis, 1561-1626. 1642 (1642) Wing B316; ESTC R20720 12,081 26

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course without any motion but after Replication put in no Cause is to be dismissed without motion and order of the Court 18. Double vexation is not to bee admitted but if the party Sue for the same Cause at Common Law● and in Chancery hee is to have a day given to make ●is election where hee will proceed and in default of such election to be dismissed 19. Where Causes are removed by speciall Certiorari upon a Bill conteyning matter of Equity● the Plaintiffe is upon receipt of his Writ to put in Bond to prove his suggestion within foureteene dayes after the Receipt which if hee doe not prove then upon Certificate from either of the examiners presented to the Lord Chancell●● the Cause shall bee dismissed with dosts and ●Procedendo to bee granted 20. No Injunction of any nature shall be granted revived di●●olved or stayed upon any private Petition 21. No Injunction to stay Suites at the Law shall bee granted upon priority of Suite onely or upon ●urmise of the plaintif●s Bill onely but upon matter confessed in the D●fendants answer or matter of Record or writing plainely appearing or when the Defendant is in contempt for not answering or that the Debt desired to bee stayed appeareth to be old and hath slept long or the Creditor or the Debtor hath beene dead some good time before the Suite brought 22. Where the Defendant appeares not but sits an Attachment or when hee doth appeare and departs without Answer and is under Attachment for not answering or when he takes Oath he cannot answer without sight of Evidences in the Country or where after Answer hee sues at Common Law by Attourny and absents himselfe beyond Sea In these Cases an Injunction is to be granted for the stay of all Suites at the Common Law untill the party Answer or appeare in person in Court and the Court give further order But neverthelesse upon Answer put in if there bee no motion made the same Terme or the next generall Seale after the Terme to continue the Injunction in regard of the insufficiency of the Answer put in or in regard of the matter confessed in the Answer Then the Injunction to dye and dissolve without any speciall Order 23. In the Case aforesaid where an Injunction is to bee granted for stay of Suites at the Common Law if the like Suite be in the Chancery either by Scire facias or priviledge or English bill then the Suite is to bee stayed by Order of the Court as it is in other Courts by Injunction for that the Court cannot enjoyne it selfe 24. Where an Injunction hath beene obtayned for stay of Suites and no prosecution is had for the space of three Termes the Injunction is to fall of it selfe without further motion 25. Where a Bill comes in after an Arrest at the Common Law for a Debt no Injunction shall bee granted without bringing the principall mony into Court except there appeare in the Defendants Answer or by sight of writings plaine matter tending to discharge the Debt in Equity But if an Injunction be awarded and disobeyed in that Case no mony shall bee brought in or deposited in regard of the contempt 26. Injunctions for Possession are not to bee granted before a Decree but where the Possession hath continued by the space of three yeares before the Bill exhibited and upon the ●ame Title and not upon any Title by Lease or otherwise d●termined 27. In Case where the Defendants sits all the processe of Contempt and cannot bee found by the Serjeant at Armes or resist the Serjeant or makes rescue a Sequestration shall bee granted of the Land in question and if the Defendant render not himselfe within the yeare then ●n Injunction for the Possession 28. Injunctions against felling of Timber ploughing up of ancient pastures or for the maintayning of Inclosures or the like shall be granted according to the circumstances of the Case but not in case where the Defendant upon his Answer claimeth an Estate of Inheritance except it bee where hee claimeth the Land in trust or upon some other speciall ground 29. No Sequestration shall bee granted but of Lands Leases or Goods in question and not of any other Lands or Goods not conteyned in the Suites 30. Where a Decree is made for Rent to bee paid out of Land or a summe of mony to bee levied o●t of the profits of Land there a Sequestration of the same Lands being in the Defendants hands may be granted 31. Where the Decrees of the provinciall Counsell or of the Court of Requests or the Queenes Court are by continuancy or other meanes interupted There the Court of Chancery upon a Bill preferred for Corroborations of the same Jurisdictions Decrees and Sentences shall give remedy 32. Where any Cause comes to hearing that hath beene formerly Decreed in any other of the Kings Courts of Justice at Westminster such Decree shall bee first read and then to proceed to the rest of the Evidence on both sides 33. Suites after Judgement may bee admitted according to the ancient Custome of the Chancery and the late Royall Decision of his Majesty of Record after solemne and great deliberation But in such Suites it is Ordered that Bond bee put in with good Sureties to prove the suggestions of the Bill 34. Decrees upon Suites brought after Judgement shall containe no words to make voyd or weaken the Judgement but shall onely correct the corrupt Conscience of the party and rule him to make restitution or performe other Acts according to the equity of the Cause Orders and the Office of the REGISTERS 35. THe Registers are to bee sworne as hath bin lately Ordered 36. If any Order shall bee made and the Court not informed of the last materiall Order formerly made no benefit shall bee taken by such Order as granted by abuse and surreption and to that end the Registers ought duely to mention the former Order in the later 37. No Order shall bee explained upon any private Petition but in Court as they are made and the Register is to set downe the Orders as they were pronounced by the Court truely at his perill without troubling the Lord Chancellor by any private attending of him to explaine his meaning and if any explanation bee desired it is to bee done by publique motion where the other party may be heard 38. No draught of any Order shall bee delivered by the Register to either party without keeping a Coppy by him to the end that if the Order bee not entered neverthelesse the Court may bee informed what was formerly done and not put to new trouble and hearing and to the end also that knowledge of Orders be not kept backe too long from either party but may presently● appeare at the Office 39. Where a Lease hath beene debated upon hearing of both parties and Opinion hath beene delivered by the Court and neverthelesse the cause referred to Treaty the Registers are no● to omit the Opinion of the