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A33868 A collection of such of the orders heretofore used in Chancery with such alterations and additions thereunto, as the right honorable Edward Earle of Clarendon, lord chancellor of England ... and ... the honorable Sir Harbottle Brimston, Barronet, master of the rolls, have thought fit at present to ordaine and publish for reforming of several abuses in the said courts, preventing multiplicity of suits, motions, and unnecessary charge to the suiters, and for their more expeditious and certain course for relief. England and Wales. Court of Chancery.; Clarendon, Edward Hyde, Earl of, 1609-1674.; Grimston, Harbottle, Sir, 1603-1685. 1661 (1661) Wing C5198; ESTC R30918 15,112 94

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A COLLECTION OF Such of the ORDERS Heretofore used in CHANCERY With such Alterations and Additions thereunto as the right Honorable Edward Earle of Clarendon Lord Chancellor of England By and with the advice and assistance of the Honorable Sir Harbottle Grimston Barronet Master of the ROLLS Have thought fit at present to Ordaine and Publish For Reforming of several Abuses in the said Court preventing multiplicity of Suits Motions and unnecessary Charge to the Suiters and for their more expeditious and certain course for Relief London Printed for Henry Chase and are to be sold at his shop at the Rolls in Chancery-lane over against the six Clerks Office and by Humphery Tuckey at the black-spread-Eagle in Fleetstreet 1661. I do appoint Henry Chase to print these Rules and that no other person or persons do presume to print the same May 22. 1661. Clarendon Harbottle Grimston A COLLECTION of such of the ORDERS heretofore used in Chancery Bills THAT no Councellor do put his hand to any Bill Answer or other Pleading unless it be drawn or at least perused by himself in the paper draught before it be ingrossed which they shall do well for their own discharge to sign also after perusal And Council are to take care that the same be not stuffed with repetition of Deeds Writings or Records in haec verba but the effect and substance of so much of them only as is pertinent and material to be set down and that in brief terms without long and needless traverses of points not traversable tautologies multiplication of words or other impertinencies occasioning needless prolixity to the end the ancient Brevity and Succinctness in Bills and other pleadings may be restored and observed Much less may any Council insert therein matter meerly criminous or scandalous under the penalty of good costs to be laid on such Council and paid to the party grieved before such Council be heard in Court That all Bills be dated the same day they are brought into the Six Clerks Office and that no Six Clerk presume to Antedate any Bill and that no Under-clerk presume to keep any Bill by him but with the first opportunity deliver the same to the Six Clerk or his allowed Deputy in his absence to be accordingly filed No Bill Answer or other pleading shall be said to be of Record or to be of any effect in Court until the same be filed with such of the Six Clerks with whom it ought properly to remain Subpoena's THat all plaintifs may have liberty to take forth Subpoena's ad respondendum before the filing of their Bills if they please notwithstanding any late Order or usage to the contrary That every Subpoena to answer revive review rejoyn to testifie or to hear judgement shall be served personally or left at the Defendants dwelling house or place of residence with one of that Family And to Clerk of this Court shall issue any Attachment for not appearing but upon Affidavit first made positive and certain of the day and place of such service of the Subpoena and the time of the return thereof whereby it shall appear that such service was made if in London or within twenty miles thereof four dayes at the least excluding the day of such service And if above twenty miles then to have been eight dayes before such Attachment entered And that such Attachment shall not be discharged but upon payment of usual costs and so the succeeding costs to be double Pleas and Demurrers FOrasmuch as the Defendant being served with process to answer may by advice of Council upon sight of the Bill only be enabled to demurre thereunto if there because or may by like advice be enabled to put in any just plea which he hath in disability of the person of the Plaintiff or to the jurisdiction of the Court It is therefore Ordered That such Demurrer or such plea in disability or to the jurisdiction of the Court under the hand of Council learned shall be received and filed although the Defendant do not deliver the same in person or by Commission And therefore if the Defendant shall pray a Commission and thereby return Demurrer only or only such plea which shall be afterward over-ruled the Defendant shall pay five marks costs and a though it be allowed the Defendant shall have no costs in respect of the Plaintiffs need less trouble occasion'd by such Commission Every Demurrer shall express the several causes of Demurrer and shall be determined in open Court And such pleas also as are grounded upon the substance and body of the matter or extend to the jurisdiction of the Court shall be determined in open Court And for that purpose the Defendant is to enter the same with the Register within eight dayes after the filing thereof or in default of such entry made the same shall be disallowed of course as put in for delay And the Plaintiff may then take out process to enforce the Defendant to make a better answer and pay forty shillings costs and the same shall not afterwrads be admitted to be set down or debated unless upon motion it shall be Ordered by the Court And if any cause of Demurrer shall arise and be insisted on at the debate of the Demurrer more than is particularly alledged yet the Defendant shall pay the ordinary costs of Over-ruling a Demurrer which is here by Ordered to be five marks costs if those causes which are particularly alledged be disallowed although the Bill in respect of that particular so newly alledged shall be dismissed by the Court. A Plea of Outlawry as it be in any suit for that duty touching which relief is sought by the Bill is insufficient according to the Rule of Law and shall be disallowed of course as put in for delay And the Plaintiff may notwithstanding such Plea take out process to enforce the Defendant to make a better answer and pay five Marks costs otherwise a plea of Outlawry is alwayes a good plea so long as the Outlawry remaineth in force And therefore the Defendant shall not be put to set it down with the Register And after the said Outlawry reversed the Defendant upon a new subpoena served on him and payment unto him of twenty shillings costs shall answer the same Bill as if such Outlawry had not been But if the Plaintiff conceive such plea of Outlawry thorough mispleading or otherwise to be insufficient he may upon notice given to the Clerk on the other side set it down with the Register to be debated with the rest of the Plea's and Demurrers in course But if the Plaintiff shall not in such Case enter it with the Register within eight dayes after the same shall be filed the Defendant may take out process against the Plaintiff for his Ordinary costs of five marks as if the same had been heard The Dependancy of a former suit for the same matter is also a good plea and therefore the Defendant shall not be put to set it down