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A95830 The manner of the proceedings in the courts of the great sessions in the counties of Mountgomery, Denbigh, and Flint; within North-Wales, as it now is. Published by R.V. Vaughan, Rice. 1653 (1653) Wing V134; Thomason E710_14; ESTC R203963 2,623 8

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The Manner of the PROCEEDINGS In the Courts of the Great Sessions In the Counties of Mountgomery Denbigh and Flint within North-Wales as it now is Published by R. V. London Printed 1653. To the Parliament of the Common-VVealth of England Right Honorable THIS Sheet of Paper touching the manner of Proceedings in the Courts of the great Sessions in the Counties of Mountgomery Denbigh and Flint in North-Wales coming from an experienced and intelligent Person into my hands I thought it not unseasonable in this juncture of time when the Reformation of the Law is the present subject of your Consideration to offer it to your view and perusal you will find in it the shortness and cleerness of Proceedings and easiness of charge in those parts which may something conduce to clear and direct the way Reforming what is amiss in the course of Practise here It is not my intent to trouble you further then to pray for Wisdom for you answerable to the difficulty of the work which you are intrusted with on behalf of this Common wealth I am Yours and the Common-wealths Servant R. V. THE Manner of the Proceedings in the Courts of the great Sessions in the Counties of Mountgomery Denbigh and Flint within North-Wales as it now is ABout three weeks before every great Sessions by warrant from the chief Justice of the Circuit a general Writ of Summons is sent forth by the Prothonotary to the Sheriff by which the Sheriff is Commanded to proclaim throughout his County that the general great Sessions for the County is to be holden at such a day and place And that he Summon give warning to all Justices of the Peace c. Officers and other persons whom it doth concern that they appear at the day and place limited by the said Writ Which Proclamation being made all persons whatsoever by the course there holden whether Plaintiffs or Defendants in Suits before depending or others who intend to Commence any Suits and also all such who suspect any Suits may be brought against them are at their perils according to the general Summons before mentioned to have their Attornies in Court to prosecute and defend the said Suits The Sessions being begun The Plaintiffs who are to Commence Actions do retain their Attornies and bring their Actions either by original Writ as is usual for all kind of debts not finable upon the Original which Writs are made returnable the first day of the Sessions and dated fifteen dayes before the Sessions or else by Bill or Queritur which may be either for Debt Trespass or upon the Case And whether it be by Original or else by Bill or Queritur the Defendant upon the Original and first Bill or Queritur and all Process before appearance thereupon awarded is ever called in open Court to come forth and answer to the Plaintiff in such or such an Action as the case is and if by Original the Defendant being thereupon called and not appearing then a second Writ of Summons is awarded returnable the next day after which being made by the Prothonotary and sealed with the Judicial Seal of the Court and returned by the Sheriff the Defendant is thereupon a second time called openly in Court And if then the Defendant appear not the Plaintiff hath Judgement by Default So it is also in case the Action be brought by Queritur or Bill saving only that Judgement is not in that case had before a third Writ of Summons issue and thereupon the Defendant being the third time called do make Default whereas if by Original there needs but one Writ of Summons besides the Original it self The first Bill or Queritur commonly bears date the first day of the great Sessions or the day when the Attorney sueth it forth and is returnable the next day after the date of it whereupon if the Defendant being openly called in Court appear not then a second Writ to Summon the Defendant again is awarded whereupon if the Defendant being the second time called appear not then a third Bill or Queritur to Summon the Defendant is awarded whereupon if the Defendant being called a third time appear not then the Plaintiff hath Judgement by Default And these Writs are successively awarded and made returnable de die in diem and the Judgement had in three dayes at the most in cases of debt if the Defendant appear not but if the Defendant appear then the Plaintiffs Attorney declares and upon the Defendants pleading and not confessing the Action then issue is joyned the same Sessions and tryed the next Sessions after And it is here to be observed that the awarding of these Process and obtaining of these Judgements by Default depend upon the Sheriffs return of any the said Writs whether the Actions be brought by Original or by Bill or Queritur For if the Sheriff return a Summons as usually he doth in all cases of Debt because of the general Summons of the Sessions upon the Writ first before mentioned by which the Sessions was proclaimed then those Judgements are obtained as is before expressed But if the Sheriff return that the Defendant hath nothing in his Bailiffwick whereby he may be Summoned or Attached as usually he doth in cases of Trespass and upon the Case then a Capias to Arrest the Defendant is awarded and a Writ of Distringas also ad infinitum in cases of Trespass and issues thereupon returned by the Sheriff untill the Defendant do appear Neither is the Defendant in case of these Judgements thus obtained by Default any way prejudiced but by his own Laches or wilfulness For in all cases of Debt if he or his Attorney tender an Appearance any day within the Sessions or after with consent of the Plaintiffs Attorney before the Debt sworn the appearance is accepted And if he neglect so to do so that the Judgement stand yet no Execution can go forth until the Plaintiff do first swear his Debt and Damages for the forbearance of it either before the Judges in open Court or else by special Commission in which Case also execution of the Writ by the Sheriff though gone forth is staid in the Attornies hand by Order till commonly six Weeks or two Moneths after the Sessions to the end that the Defendant may satisfie the Debt before the delivery of the Writ to the Sheriff if he please In prosecution of all which kind of Actions in Debt and Trespass which are almost the whole business of the Sessions the parties are not delayed above one or two Sessions unless by some dilatory Pleas and Demurrers which seldom happen and for taking away whereof some provision may be made and the Charges unless in Cases where an issue is pleaded and tryal thereupon had not commonly above thirty shillings except where the Debt being above forty pound is finable to the State in case the Action be brought by Original which is an Imposition which the Parliament may take off if they please and a meer burden only to the party who is sued when it cometh to be paid Neither are the People in prosecuting and defending these Actions inforced to travel out of their own Counties Also in Cases of real Actions which are very few the proceeding as speedy unless it happen by multiplicity of Pleadings occasioned by the intricacy of Titles and variety of Conveyances to be pleaded which for the most part is avoided the Conveyances being given in Evidence Those Courts of the great Sessions have a Chancery within themselves and have had power to relieve in Cases of Equity ever since H. 8. time FINIS