A collection of such of the orders heretofore used in Chauncery with such alterations and additions thereunto, as the Right Honourable the Lords Commissioners for the Great Seal of England, by and with the advice and assistance of the Honorable the Master of the Rolls, have thought fit at present (in order to a further reformation now under their Lordships consideration) to ordain and publish for reforming of several abuses in the said Court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. England and Wales. Court of Chancery. This text is an enriched version of the TCP digital transcription A33867 of text R1289 in the English Short Title Catalog (Wing C5196). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 82 KB of XML-encoded text transcribed from 50 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A33867 Wing C5196 ESTC R1289 13172445 ocm 13172445 98297 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33867) Transcribed from: (Early English Books Online ; image set 98297) Images scanned from microfilm: (Early English books, 1641-1700 ; 734:16) A collection of such of the orders heretofore used in Chauncery with such alterations and additions thereunto, as the Right Honourable the Lords Commissioners for the Great Seal of England, by and with the advice and assistance of the Honorable the Master of the Rolls, have thought fit at present (in order to a further reformation now under their Lordships consideration) to ordain and publish for reforming of several abuses in the said Court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. England and Wales. Court of Chancery. Lenthall, William, 1591-1662. Keble, Richard, fl. 1650. [3], 5-92, [9] p. Printed by Robert White for Franics Tyton ..., London : 1652. Marginal notes. An alphabetical table: p. [1]-[8] at end. Reproduction of original in Huntington Library. eng Equity pleading and procedure -- England. A33867 R1289 (Wing C5196). civilwar no A collection of such of the orders heretofore used in Chauncery, with such alterations and additions thereunto, as the Right Honourable the England and Wales. Court of Chancery 1652 13444 9 0 0 0 0 0 7 B The rate of 7 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-04 Amanda Watson Sampled and proofread 2004-04 Amanda Watson Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion Imprimatur , Hen : Scobell , Cleric : Parliament . A COLLECTION Of such of the ORDERS Heretofore used in CHAVNCERY , With Such Alterations and Additions thereunto , as the Right Honourable the Lords Commissioners for the GREAT SEAL of ENGLAND , By and with the advice and assistance of the Honorable the Master of the Rolls , Have thought fit at present ( in Order to a further Reformation now under their Lordships Consideration ) to Ordain and Publish , FOR Reforming of several Abuses in the said Court , preventing Multiplicity of Suits , Motions , and unnecessary Charge to the Suitors , and for their more expeditious and certain course for Relief . London , Printed by Robert White for Francis Tyton , and are to be sold at his shop , at the three Daggers near the Inner-Temple , Fleetstreet . 1652. Pleadings . 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 engrossed , ( which they shall do well , for their own discharge , to sign also after perusal . ) And Councel are to take care , that the same be not stuft with Repetitions 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 Bils , and other Pleadings , may be restored and observed . Much less may Councel insert therein any matter meerly criminous or scandalous under the penalty of good costs to be laid on such Councel , and payd to the party grieved before such Councel be heard in Court . Pleas and Demurrers . FOrasmuch as the Defendent being served with Proces to answer , may by advice of Councel , upon sight of the Bill only , be enabled to demur thereunto , if there be cause ; 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 Councel learned , shall be received and filed , although the Defendent do not deliver the same in person , or by Commission ; and therefore if the Defendent shall pray a Commission , and thereby return a Demurrer only , or only such Plea which shall be afterwards over-ruled , the Defendent shall pay five Marks costs ; and although it be allowed , the Defendent shall have no costs in respect of the Plaintiffs needless trouble , occasioned by such commission . No Demurrer shall be said to be received , or to be of effect in Court , until the same be filed to the Bill in the custody of the six Clerk , being the Plaintiffs Attorney . No more shall any Bill , Answer , or other Pleading , 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 . 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 Defendent is to enter the same with the Register , within eight days 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 Proces to enforce the Defendent to make a better answer , and pay forty shillings costs , and the same shal not afterwards be admitted to be set down or debated , unless ( upon special reason shewed to the Court before such Proces to make better answer be taken out ) it shall be otherwise ordered by the Court . And if any cause of Demurrer shall arise , and be insisted on at the debate of the Demurrer ( more then is particularly alledged ) yet the Defendent shal pay the ordinary costs of over-ruling a Demurrer , ( which is hereby ordered to be five Marks ) 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 Outlary , if 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 Proces to enforce the Defendent to make a better answer , and pay five Marks costs ; Otherwise a Plea of Outlary is always a good Plea , so long as the Outlary remaineth in force , and therefore the Defendent shall not be put to set it down with the Register : And after the said Outlary reversed , the Defendent upon a new Subpoena served on him , and payment unto him of twenty shillings costs , shall answer the same Bill , as if such Outlary had not been : But if the Plaintiff conceive such Plea of Outlary through 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 Pleas 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 Defendent may take out Proces 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 Defendent shall not be put to set it down with the Register . But if the Plaintiff be not satisfied therewith , the same shall be referred to one of the Masters of the Court to certifie the truth thereof : and if it shall be determined against the Plaintiff , he shall pay to the Defendent five pounds Costs . But such Reference shall be procured by the Plaintiff , and a Report thereupon within one Moneth after the filing of such Plea , otherwise the Bill to stand dismissed of course , with the ordinary Costs of seven Nobles . If after a Suit Commenced at the Common-Law , or any other inferiour Court , a Bill shall be exhibited in this Court to be relieved for the same matter , the dependancy of the former Suit shall be admitted as a good Plea , and the Defendent not to be put to motions for an Election , or Dismission : and that Plea shall be proceeded in , as in case of a Plea of a former Suit depending in this Court for the same matter . If the Demurrer be grounded only upon some Error , slip , or mistake in the Bill , the Plaintiff without Motion shall be permitted of course to amend the same , paying to the Defendent , or his Attorney to his use , twenty shillings costs . But if the Plaintiff shall not within eight days after such Demurrer put in , amend , or alter it , and pay the costs , then the Demurrer shall stand to be determined in Court , and if the same be ruled against the Plaintiff , he shall pay the ordinary costs for over-ruling a Demurrer . If the Plaintiff , or his Attorney in Court , shal , within eight days after a Demurrer filed , give notice to the Defendent , or his Attorney in Court , under either of their hands , that the Plaintiff doth admit the Demurrer to be good , and shall pay the Defendents Attorney , or his Clerk in Court , forty shillings costs ; then the Defendent shall not need to attend his Demurrer : but the Bill shall stand dismist of course without Motion , unless the Parties , or their Attorneys on both sides shall agree to an amendment of the same , but such dismission is to be no Bar to a new Bill to be exhibited by the Plaintiff . Answers . AN answer to a matter charged as the Defendents own Fact , must regularly be without saying to his Remembrance , or as he Believeth , if it be laid to be done within seven years before , unless the Court , upon exception taken , shall find special cause to dispence with so positive an Answer . And the Defendent deny the Fach he must traverse , or deny it ( as the cause requires ) directly , and not by way of Negative pregnant . As , if he be charged with the receipt of a summe of Money , he must deny , or traverse that he hath not received the summe , or any part thereof , or else set forth what part he hath received . And if a Fact be la●● to be done with divers circumstances , the Defendent must not deny or traverse it literally , as it is laid in the Bil , but must Answer the point o● substance positively , and certainly . When the Defendent hath answered , the Plaintiff is to be well advised upon the answer ; and if he shall find that upon the answer alone without further proof , there be sufficient ground for a final Order or Decree , the Plaintiff may procure his Attorney to present the same in course to be set down , to be heard upon Bill and Answer , without further lengthning of the cause ; but in case the Court shall not find grounds to make a Decree or final Order thereupon , the Bill shall be dismissed with costs , or the Plaintiff admitted to reply if he desire it , first paying down 5. li. costs to the Defendent or his Clerk , which if he shall not do in four dayes after such hearing , then the dismission to stand , and the conclusion of the Order upon hearing , is to be penned by the Register accordingly , that the said Bill stand dismissed without any further order or direction , and then such dismission shall be a good plea in Barr of any new Bill for the same matter . If a hearing be prayed upon a Bill and Answer , the answer must be admitted to be true in all points , and no other evidence to be admitted , unless it be matter of record , to which the answer refers , and is proveable by the record . The Plaintiff is therefore to be well advised therein , that the Court be not put to an unnecessary trouble , and himself to a certain charge , in bringing his cause to hearing , which will not bear a Decree . When as the Defendent hath put in an Answer , if the Plaintiff hath proofs for the matters denied , he is not to insist upon the insufficiency of the answer , if the same be good to a common intent , but proceed to replication and proof , to avoid charge and expence of time in cavilling with answers . If exceptions be put in to an Answer after the Term , the Defendent shall not be compelled to stay in Town , to attend the Plaintiffs exceptions , but shall have time to answer untill the fourth day of the next Term , unless the Court shall find special cause to hasten it , and shall so order in open Court . When a Plaintiff excepteth to a Defendents Answer , he shall set down his exceptions in writing , and the same Term the answer is filed , or within eight daies after that Term , deliver the same exceptions to the Councel , whose hand is to the Answer , or to the Defendents Attorney in Court , and if the Defendent shall within the times before limited respectively satisfie the plaintiff of the invalidity of those exceptions , or put in a perfect or better Answer , and pay xx . s. costs , then the Plaintiff may reply thereunto . But if the Defendent shall fail to do the same , or put in a second insufficient answer , then the Plaintiff may get the said answer , or answers referred ; and if the same shall be ruled insufficient , the Defendent shall pay forty shillings cost ; and in case the Plaintiff shall procure a reference of the answer , and the same be ruled good , the Plaintiff shall pay the Defendent forty shillings costs . If the first Answer be certified insufficient , as aforesaid , the Defendent shall pay forty shillings costs , if the Answer were put in in person ; but if the same came in by Commission , the Defendent shall pay fifty shillings costs , and no new Commission shall be awarded for taking any second Answer , unless it be by Order made in Court , and Affidavit made of the parties inability to travel , or other good matter to satisfie the Court touching that delay , and first paying the costs of such insufficient Answer , or by the Plaintiffs own assent for the expediting of his Cause . If the second answer be reported insufficient unto any of the points formerly certified , ( which are only to be insisted upon without any new exceptions ) the Defendent shall pay three pounds costs ; and upon the third answer four pounds costs ; and upon a fourth answer certified insufficient , he shall pay five pounds costs , and be examined upon interrogatories to the points reported insufficient , and shall be committed till he hath perfectly answered those interrogatories , and payed the costs , in respect of the great vexation and delay which in such case will happen to the Plaintiff . If upon perusal of the answer , the Plaintiff shall find it will be necessary to make proof of one , or few particulars , then the Plaintiff is to reply to those particulars only , and not draw into pleadings and proofs any more , then the points necessary to be proved : And in case upon the hearing it shall appear that the Plaintiff might have had as full relief on Bill and Answer , the Plaintiff shall not only go without costs , but shall pay the Defendent good costs , to be assessed by the Court , albeit he be relieved upon the merit of his cause in respect of the Defendents needless vexation . If a Bill be regularly and justly dismist of course , or by order for want of prosecution , no motion shal be admitted for the retainer thereof without a Certificate from the Defendents Attorney in Court , that the costs of the dismission are paid , to the end unnecessary charge to the parties by several motions for one and the same matter , may henceforth be avoided . Examination of Witnesses . IN case the parties proceed to examine Witnesses , the Interrogatories are to be penned with care , that the same be pertinent , and only to the points necessary to be examined unto : and the Witnesses are to be sorted & examined on those interrogatories only that their testimony doth extend unto , without the needless interrogatories of matters unnecessary and immaterial , as well to avoid the charge of both parties , Plaintiff and Defendent , in superfluous examinations , as that apt Interrogatories ( which are the life of the cause ) may be exhibited . The Examiners ( in whom the Court reposeth much confidence ) are themselves in person to be diligent in examination of Witnesses , and not intrust the same to mean and inferior Clerks ; and are to take care to hold the Witness to the point interrogated , and not to run into extravagances and matters not pertinent to the question , thereby wasting paper for their own profit , of which the Court will expect a strict accompt . The Examiners are to take care that they imploy under them in their Office , none but persons of known integrity and ability , who shall take an oath not to deliver or make known directly , or indirectly to the adverse party , or any other save the Deponent , who comes to be examined , any of the Interrogatories delivered to be examined upon any examination by him taken or remaining in the Examiners Office , or extract , copy , or breviate thereof , before publication be thereof passed , and copies thereof taken . And if any such Deputy , Clerk , or person so imployed , shall be found faulty in the premises , he shall be expulsed the Office , and the Examiner who so imployed him , shal be also answerable to the Court for such misdemeanour , and to the party grieved for his costs and damages sustained thereby : and such solicitor , or other person , who shall be discovered to have had a hand therein , shall be liable to such censure for the offence , as the Court shall find just to inflict upon him . No Witness shall be examined in Court , by the Examiner , without the privity of the adverse party , or of his Attorney , or his Attorneys Clerk , who deals for the adverse party , to whom the person to be examined shall be shewed , and a note of his name and place of dwelling delivered in writing , by such as shall produce him ; and the Examiner is to take care , and be well satisfied that such notice be given , and then shall add to the title of the Witnesses examination , the time of such notice given , and the name of the person to whom it is given , and by whom , that at the hearing of the cause , the Suitor be not delayed , upon pretence of want of notice . For prevention of perjury and other mischiefs often appearing to the Court , the Examiner is to examine the deponent to the Interrogatories directed seriatìm , and not to permit him to read over , or hear read any other of Interrogatories , until that in hand be fully finished , much less is he to suffer the Deponent to have the Ieterrogatories , and pen his own Depositions , or to depart after he hath heard an Interrogatory read over , untill he hath perfected his examination thereunto : and if any Witness shall refuse so to conform himself , the Examiner is thereof to give notice to the Attorney , or Clerk of the other side , and to proceed no further in his examination , without the consent of the said Attorney or Clerk , or Order made in Court to warrant his so doing . In examining of Witnesses , the Examiner shall not use any idle repetitions , or needless circumstances , nor set down any answer to the questions , to which the Examinant cannot depose , other then thus , To such an Interrogatory this Examinant cannot despose . And in case such impertinences be observed by the Court , the Examiner is to recompence the charge therof to the party grieved , as the Court shall award ▪ The Examiner shall not examine any Witness , to invalid the credit of any other Witness , but by special Order of the Court , which is sparingly to be granted ; and upon exceptions first put into writing , and filed with the Examiner without Fee , and notice thereof given to the adverse party or his Attorney , together with a true copy of the said exceptions , at the charge of the party so examining . From henceforth the Fee taken by the Examiner , upon the producing of a Witness to be examined by him , shall be deducted to the party Plaintiff 〈◊〉 Defendent , who paid the same when the Copies of such Witnesses Depositions are taken out by him , and such Exhibits whereupon any Witness is examined , shall be alwaies endorsed and certified by the Examiner , at the same time that the Witness is thereupon examined , and his examination perfected and subscribed . When Witnesses are examined in Court upon a Schedule of Interrogatories , there shall be no new Interrogatories put in to examine the same Witnesses , nor shall any Witnesses be examined in Court after the day of Publication , though they were sworn before ; so as a Copy of the Rule or Order whereby Publication passed , be delivered to the Examiner , that he may take notice thereof . If the Defendent being served with a Subpoena to rejoyn and joyn in Commission , shall not upon request by the Plantiffs Clerk , made to the Defendents Clerk , deliver Commissioners names , by the end of that Term , wherein the Subpoena ad rejungend . is returnable ; The Plaintiff may without motion or Petition take the Commission ex parte . The Plaintiff ought regularly to have the carriage of the Commission for examination of Witnesses , as often as any is sued forth : but if through the default of him or his Commissioners , the same be not executed he shall pay unto the Defendent such reasonable costs , as the Defendent shall by oath make appear he was put unto by such failer , and shall renew the Commission at his own charge , but the other side shall have the carriage of such new Commission . And the like shall be done to the Plaintiff , where the Defendent for just reason hath obtained the carriage of the Commission ; and if through any error of the Clerk in making out the said Commission , or misnaming the Commissioners , or parties , or the like , the execution of a Commission shall be put off , the party put to charge in attendance of such Commission , shall receive his costs to be ascertained by his oath as aforesaid , from him that obtained such Commission , and the Clerk that made out the same , or his Superiour the Attorny in Court , ( who is answerable for him ) shall make restitution thereof to the Client and Suitor . If both sides joyn in execution of a Commission , and the one side produceth and examineth all his Witnesses , and the other side doth not , but prayeth a new Commission , the same shal not be granted ( unless it be by consent of the parties , or their Attorneys in Court , ) but upon oath of good cause , why he could not then examine all his Witnesses . And in case the same be granted , the party praying the same shall bear the reasonable charge of the other side , both of renewing & executing the Commission , to be ascertained by Oath , and the other side shall be at liberty , to cross examine the Witnesses produced by him that reneweth the Commission . But if he shall not only cross examine the Witnesses of the adverse party , but examine new Witnesses , he shall bear his part of the charge . If at the instance of a Defendent , a Commission to examine Witnesses be renewed , either for a default by him or his Commissioners , or because he did not examine all his Witnesses by the first Commission , he shall at his peril examine all his Witnesses by such renewed Commission , or in Court by the return of such Commission without more or further delay , and no more Commissions to issue , except for examination beyond the seas , by Order in Court , or by consent of the Attorney . Upon the return of a Commission , if the same be executed by both parties , one rule only shall be given for Publication ; and if the said Commission be not renewed , or another obtained by the Plaintiff , or Defendent within that time , then Publication shall pass , and no Commission shal be afterwards granted or renewed , without special Order in Court . Upon the taking out of copies of Depositions examined in Court , or by Commission either by the Plaintiff or Defendent , no Fee shall be taken by the Six Clerks or the Examiner for the copies , either of the Plaintiffs or Defendents rerespective Interrogatories , save only the Clerks usual Fee for the writing thereof . Depositions of Witnesses in several causes , which are meerly cross causes , ( viz. ) between the same parties , and touching the same matter , may be used at the hearing of both causes ( coming to hearing together ) without any motion or order in that behalf . Where either party Plaintiff or Defendent obtaineth an order to use Depositions of Witnesses taken in another cause , the adverse party may likewise use the same without motion , unless he be upon special reason shewed to the Court , by that party first desiring the same , inhibited by the same order so to do . No motion shall be made in Court or by Petition , for suppressing of Depositions as irregularly taken , until the six Clerks not toward the cause have been first attended with the complaint of the party grieved , and shall certifie the true state of the Fact to the Court with their opinion : if the Attornies or Clerks on either side shall not for the ease of their Clients agree before them , for which purpose a rule for attendance of the six Clerks in such case shall be entred of course with the Register , at the desire of the party complaining , which shall warrant their proceedings and certificate to the Court . Proces . EVery Subpoena to answer shall be served personally , or left at the Defendents dwelling house , or place of residence with one of that family , and no Clerk of this Court shall issue any attachment for not appearing , but on 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 , four days at the least , excluding the day of such service ; and if above twenty miles , then to have been ) eight days before such Attachment entred ; and that such Attachment shall not be discharged , but on payment of twenty shillings costs if the service be personal , and ten shillings if othewise , and so the succeeding Proces to be double . Every Subpoena to make a better answer , shall also contain a clause for payment of the costs ordinary in that behalf , and the Suitor not be put to take out several Writs , nor prosecute several contempts , as in that case hath been used ; and if upon the service of such Subpoena , the costs be not paid , the answer of such Defendent shall not be received or filed , unless the said costs be also delivered and paid to the Plaintiffs Clerk , together with the said answer , but Proces of contempt shall issue in that case , as for want of an answer , at the return of the said Subpoena . A Subpoena ducens tecum ( when the Defendent confesseth in his Answer , the having of any writings material to be examined upon , or confest to belong to the Plaintiff ) may be taken out by the Plaintiff of course without motion , for the Defendent to bring them into Court , or shew cause , &c. But if the Defendent either confess not the having them in his hands , or makes his title by them , or to them by his Answer , he shall be excused from any contempt , although he neither bring them into Court , nor shew cause ; and if the Plaintiff shall notwithstanding prosecute a contempt in that behalf ( and the case upon the Defendent his answer appear to be such ) he shall be thereof discharged , and have his costs . The Subpoena ad audiendum Iudicium shall be served either on the person of the Defendent , or left at his dwelling house , where his Family then resides : or in case oath be made that he cannot be found to be served personally , and that he hath no certain dwelling , or is beyond the Seas , the Court will Order the leaving of a Subpoena with his Attorney in this Court to be a sufficient service . All Proces of contempt shall be made out into the County , where the party prosecuted is resident , unless he shall be then in or about London ; in which case it may be made into the County where the party then is . And if any person shall be taken upon Proces otherwise or irregularly issued , the party so taken first appearing unto , and satisfying the Proces which did regularly issue against him , shall be discharged of his contempt , and have his full costs to be taxed of Course by the six Clerks , not towards the Cause for such undue or irregular prosecution , from the time that the error first grew without motion or other order . Every suitor who prosecuteth a contempt shall do his best endeavour to procure each several Proces to be duly served and executed upon the party prosecuted , and his wilfull default therein appearing to the Court , such person offending shall pay unto the party grieved good costs , and lose the benefit of the Proces returned without such endeavour . That all Attachments in Proces shall be discharged upon the Defendents payment , or tender to the Plaintiffs Clerk and refusall of the ordinary costs of the Court , and filing his Plea , Answer or Demurrer ( as the case regularly requires ) without any motion in Court in that behalf . And if after such conformity and payment of the costs , ( or tender and refusal thereof ) any further prosecution shall be had of the said contempt , the party prosecuted shall be discharged with his costs . Commissions to answer . AFter a contempt duly prosecuted to an Attachment , with Proclamation returned , no Commission shall be made to Answer , nor Plea or Demurrer admitted , but upon motion in Court , and Affidavit made of the parties inability to travel , or other good matter to satisfie the Court , touching that delay . The Defendent who is served with a Subpoena ad respondend ▪ and obtaineth a Commission to answer in the Countrey , shall without more words have the same liberty thereby to Answer , Plead , and Demur , as he had by the original Proces , if he could have appeared in person . After a Commission once obtained to answer , no second Commission shall be granted without speciall Order of Court ; or the Plaintiffs own assent under his hand . And if the time for the Defendents answering be inlarged upon Affidavit , that he or they cannot answer without sight of Writings in the Country , or in respect of the length of the Bill , or the like , which shal not be without special Order in Court , no Commission shall be afterwards granted without like speciall Order of Court , upon good reason shewed to induce , the same , or the like assent of the Plaintiff . In case where the Defendent sits all Proces of contempt , and cannot be found by the Serjeant at Arms , or makes a rescue , a Sequestration shal be granted of the land in question . And if the Defendent render not himself within a year , then an Injunction for the possession , and the profits so sequestred to be delivered over to the Plaintiff . Injunctions . FOr that it is agreeable to equity and the constant practise of this Court , that a Defendent obtaining a Commission to take his Answer in the Country , should not by that delay or favour of the Court , get an advantage against the Plaintiff , by proceeding at Law in the mean time , it is Ordered , that from henceforth every Commission to take an Answer in the Country shall contain in it a clause of Injunction to stay the Defendents suit at Law ( if any be ) touching the matter complained of in the Bill , untill he hath answered the Bill , and the Court given other Order , so as issue were not joyned at Law , before the return of the Subpoena served upon the Defendent , and in that case to stay judgement for the like time , so that the taking of such Commission under seal , shall be a sufficient notice and service of the said Injunction , without motion or other trouble to the Plaintiff , whereupon for breach to ground an Attachment , upon Affidavit of a proceeding at Law after the Commission prayed . No Injunction to stay Suits at Law shall be granted upon priority of Suit onely , nor upon the bare surmise of the Bill ; but upon the Defendents delay or wilful contempt in not Answering , or upon matter confessed in the Answer , or matter of Record , or writing plainly appearing , or the duty demanded appearing to be very ancient . Where a Bill comes in after a Verdict a Law for a debt , an Injunction is not to be granted , without depositing the principal money , except there shall , upon hearing both sides , appear to the Court in the Defendents answer , or by deed under hand and seal , or other good matter for relief in equity . And an Injunction granted in such case , or otherwise upon the merit of the cause or equity appearing to the Court , is regularly to stand , until the hearing of the cause , unless the Plaintiff delay the cause , in which case he may best be quickned , by dissolving the Injunction . For avoiding multiplicity of references heretofore used , and charge to the suitor , It is Ordered , that where a motion is made for an Injunction to stay a suit at Law upon allegation of matter of equity confest in the answer , the Councel moving the same , shall have that suggestion fair written in his hand , and reade or truly open the same to the Court ; and if the Court hold that matter of sufficient weight , will thereupon grant an Injunction as is desired , without reference , report , or further motion , and then the Register is in Court to receive the said suggestion so fairly written , and insert the same verbatim in the Order for granting the Injunction . But if the said suggestion be untrue in the substance thereof , upon construction of the whole Answer , and the Defendent be prosecuted by the Plaintiff for breach of the Injunction granted thereupon , he shall be clear from any contempt in that behalf , and have his costs , and such Councel shall justly incurr the displeasure of the Court . Where an Injunction to stay suits is obtained upon a misinformation made to the Court , ( as of matter confessed in the Defendents Answer , which in truth is not so confessed , or if confessed in one place , is avoided in another part of the Answer , or upon other such like plain abuse to the Court , in that case the party prosecuted with contempt for breach of such Injunction shall upon his examination ( the matter appearing as aforesaid ) be discharged of any contempt , although he hath proceeded at Law after such Injunction granted , and also have his costs taxed for his wrongful vexation , by the same Master to whom the contempt shal be referred , without other motion in Court , which also shall be done in like cases , where a contempt stands referred to a Master of the Court , he shall tax costs , and certifie the same in his report to the Court , together with his opinion touching the contempt , as well for the prosecutor , in case the contempt be confessed or proved , as for the party examined , if he be cleared thereof . For avoiding the many motions heretofore frequently made touching dissolving and continuing Injunctions , it is Ordered , That when an Injunction is granted till Answer and further Order , if no Order be made within fourteen days , ( after the Answer duly filed in Court ) for continuance of the Injunction , the same shall stand dissovled without further motion upon Certificate only of the Register . Injunctions to quiet possession ( usually granted for preservation of the publike peace , and prevention of force ) shall not be granted before hearing , but upon oath that the Plaintiff was in actual possession at the time of the Bill exhibited , ( and not of Rents or other things which lie not in manual occupation ) and for such possession as the Plaintiff himself had at the time of the Bill exhibited , and three years before , but not to be extended further to the possession of such from whom he claims , or of him and his Tenants , much less him and his Assigns , or the like . Which Injunction shall not be extended to give the Plaintiff any other possession then he had at the time when the motion was made . And such Injunction in case the Plaintiff delay to bring his cause to hearing is also to be dissolved . No Injunction to quiet such possession shal extend to hinder the Defendents proceedings at Law to evict the Plaintiff , or from making any lease , or peaceable entry , or single distress for that end . No possession shall be taken from any person by colour of any such Injunction before the cause be heard . And if any be , the Court will restore possession , and award costs . Injunctions against felling of timber , ploughing up of Meadow or ancient pastures not ploughed in twenty years before , or for maintenance of Inclosures that have continued for the better part of twenty years shall be granted as usually they have been , but no Defendent who by Answer claims an estate of Inheritance , or other estate dispunishable of wast , shall be thereby restrained , unless it be particularly so Ordered and mentioned in the said Injunction . And upon motion made for such Injunction , the case is to be truly opened as it stands in Court , and the Defendents Claim by his Answer , if he have answered . When the day is appointed for setting down causes for the following Term , the six Clerks shall present the Causes according to their priority in Publication , to be set down in their Order , so as the old Causes may be first heard and dispatched . And for that purpose with the names of each Cause they shall present the time when Publication passed , with a short note of the nature of every such cause presented . And accordingly the Court will give order for setting them down , so that puyne Causes shall not thrust out those that were ready for hearing before them . Provided that no Cause be presented the same Term in which Publication shall pass . Where no Councel appears for the Defendent at the hearing , and Proces appears to have been duly served , the Answer of such Defendent shal be read , and if the Court upon such hearing shall find cause to Decree for the Plaintiff , yet a day shall regularly be given to the Defendent to shew cause against the same ; but before he be admitted thereunto , he shall pay down to the Plaintiff or his Attorney in Court such costs as the Court upon that hearing shall assess , and the Order is to be penned by the Register accordingly , ( viz. ) it is decreed so and so , &c. unless the Defendent shall by such a day pay to the Plaintiff or his Attorney in Court costs , and shew good cause to the contrary , & such Defendent upon his shewing cause shal first produce a Certificate from the Plaintiffs Attorney in Court , that he hath paid the costs or Affidavit of tender and refusal thereof . The reasons of the judgement of the Court are in such case where the Defendent makes default to be by the Register shortly inserted in the Order , that the Defendent may know how to apply his cause without a new hearing , but if the Court shall not receive satisfaction thereupon to alter or confirm the decretal Order , but that a new hearing shall be requisite , the Defendent ( if the Court shall confirm their first Order upon the second hearing ) shall also pay the Plaintiff his full costs expended in the suit . If the Court upon the hearing of a Cause shall give no relief to the Plaintiff , the Defendent shall have costs awarded him in respect of his causless vexation . And where a Decree is made against a Defendent , the Court will likewise give costs to the Plaintiff as there shall be cause . Where costs are awarded by the Court , and the party shall refuse to pay them , and be afterwards prosecuted and found in contempt for not paying of them , he shall not be discharged of such his contempt , until he shall pay the said costs double , over and besides the costs taxed , for the prosecution of the said contempt . Where Causes are removed by special Certiorari upon a Bill containing matter of equity ; the Plaintiff is before he have the Certiorari granted , to put in bond to be taken by the Register , to prove his suggestions within fourteen days after the receipt of his Writ , which if he shall fail to do , upon certificate from the Examiners , that no Witnesses are examined , or upon a report that the suggestions are not proved , the Court will dismiss the Bill with costs , and award a Procendo . Decrees . NO Decree bindeth any man that cometh in bona fide by conveyance before the Bill exhibited , and is made no Party either by Bill or Order . But where he claims in trust for such person against whom the Decree is made or comes inpendente lite without allowance or privity of the Court , it is otherwise . No Decree shall recite the Bill , Answer , pleadings or Depositions , or any of them verbatim , but onely the short state of the matter , and the decretal Order , and the opinion and judgement of the Court . No Decree being once under the Great Seal shall be reversed or altered at the suit of the person against whom the Decree is made , or any man claiming in privity , by , from , or under him , but by Bill of review only . But in case of mistaking in a Decree which is demonstrative , viz. an errour in auditing or numbring , mistaking the date , or the like , by the leave of the Court the same may be certified without a Bill . That all Decrees and dismissions pronounced upon hearing the cause in this Court be drawn up , signed and enrolled before the first day after the next Michaelmas or Easter Term after the same shall be so pronounced respectively , and not at any time after , without special leave of the Court . That a short entry and Docquet be made in a Register Book kept by the Register of this Court , or such Clerk as he shall appoint for that purpose , of all Decrees that are drawn up and enrolled , whereby any Lands or Lease is decreed or charged with any sum of money , annuity , &c. and of the Lands in particular , and the Parish , or Town and County where the same lie ; to the end that any person that hath occasion may resort to that Register Book , to see whether any Decree be made touching such Lands , Houses , &c. and in case no such entry be made within six Months after such Decree shall be signed by the Lords Commissioners for the great Seal , and enrolled , the same shall not prejudce any Purchaser , who shall bona fide purchase any Estate in such lands , houses , &c. after the time limited for such entry to be made . That the six Clerks , and all other Clerks of this Court do therefore take care for their Client , that such entry be made of all Decrees by them drawn up and enrolled by the time before limited , that the Client do not suffer through their neglect : And that the Register shal take only the Fee of twelve pence for such entry , twelve pence for a Certificate , and four pence for a search , where no Certificate is made . In case of a Decree for Lands upon Oath made , that the same hath been personally served , and is not obeyed , and an Attachment is issued under Seal for such contempt , the Court doth usually grant an Injunction for the possession ; and upon oath made of the serving thereof upon the party , and that the same is not obeyed , a Commission is to be awarded to some of the Justices of the Peace of that County , to put and keep the Plaintiff and his Assigns in possession ; and in case of resistance , a Writ of assistance is to be awarded to the Sheriff for that purpose . Where the party is committed , or brought in by a Serjeant at Arms for breach of a Decree , he is not to be inlarged until he hath performed the Decree in all things that are to be presently done , and given security by Recognizance with Sureties , as the Court shall order to perform the other parts of the Decree ( if any be to be performed ) at future days and times appointed by the decree . Where the party is committed for breach of a Decree , or Order of Court , he ought to be restrained within the Fleet , and not permitted to go abroad without special license of the Court . Where a Decree is made for Rent to be paid out of the land , or a sum of money to be levied out of the profits of lands , there a Sequestration of the same lands being in the Defendents hands , or of any Rent reserved to the Defendent out of the same Lands may be granted . Where causes are dismissed upon full hearing , and the dismission signed and enrolled , such causes are not again to be retained , nor any new Bill admitted , except it be a Bill of Review , or upon matter of like nature , as in case where a Decree is sought to be avoided , and upon like security and allowance of the Court . Bills of Review . TO the end , that after a Decree made the party may be at peace , and multiplicity of Suits be avoided , no Bill of Review shall be admitted , except it contain either error in Law appearing in the body of the Decree , without either averment , or further examination of matters in fact , or upon new matter discovered in time after the Decree made , and whereof the party could not have had advantage before ; and upon such Bill of Review , no Witnesses shall be examined to any matters which were , or might have been examined unto upon the former Bill ; but upon Oath made of such new matter discovered , as aforesaid , a Bill of Review may be exhibited by leave of the Court , and not otherwise . No Bill of Review shall be admitted , nor any other Bill to change matters decreed , except the Decree be first obeyed and performed : But if any Act be decreed to be done , which extinguisheth the parties right at Common Law , as making of assurance , or release , acknowledging satisfaction , cancelling Bonds or Evidences , and the like ; or where the error is apparent in the body of the Decree , as aforesaid , the Court upon motion may dispense with the actual performance of that part of the Decree , till the Bill of Review be determined . No Bill of Review shall be allowed , except the party that prefers it ( giving notice to the Defendent therein ) do first enter into a Recognizance with Sureties , before some Master of the Court in ordinary , of a fit penalty in relation to the matter decreed , for the satisfaction of the costs and damages , if the Bill of Review be dismissed . Contempts . WHere a Contempt is prosecuted against any man , he shall not be put to move the Court , as formerly hath been used , either for Interrogatories to be exhibited , or for reference of his Examinations , and discharge being examined . But where any person shall be brought in by Proces ▪ or shall appear gratis to be examined upon a contempt , he shall give notice of such his appearance to the Attorney or Clerk of the other side : And if within eight days after such appearance and notice given , Interrogatories shall not be exhibited whereon to examine him , or if being examined , no reference shall be procured of his examination , nor Commission taken out of the other side , nor Witnesses examined in Court to prove the contempt within one Month after such examination , then the party so examined shall be discharged of his contempt without further motion , and may attend any one of the Masters of the Court for the taxing of his costs , which the Master is to tax without further Order , and that taxation being entered in the Register , the party may proceed for the same of course , as in like cases of costs taxed . If after appearance and Interrogatories exhibited as aforesaid , the party appearing shall depart before he be examined ( without leave of the Court ) he is upon motion and Certificate from the Register , and of such his departing and not being examined , and of the Interrogatories exhibited from the Examiner , to stand committed without further day given unto him , and is not to be discharged from such his contempt , untill he hath been examined , and been cleared of his contempt . And if he shall upon his Examinations , or by proofs be found in contempt , he shall clear such his contempt , and pay the prosecutor his costs , before he be discharged of his imprisonment . And although he be cleared of his said contempt , yet he shall have no costs , in respect of his disobedience in not being examined without the prosecutors trouble and charges in moving the Court , as aforesaid . In case of prosecution of a contempt for breach of an Order of the Court , or otherwise grounded upon an Affidavit , the Interrogatories shall not be extended to any other matter then what is comprehended in the said Affidavit or Order , And if any other shall be exhibited , the party examined may for that reason demurr unto them , or refuse to answer them . Where the party prosecuted upon a contempt , hath denyed it , or the same doth not cleerly appear by his Examinations , the prosecutor may take out a Commission of course to prove the contempt , and in such case the party prosecuted may name one Commissioner to be present at the execution of the Commission , and may henceforth ( notwithstanding the former usage to the contrary ) cross examine the Witnesses produced against him , to prove the contempt , but is not to examine any Witnesses on his part , unless he shall satisfie the Court touching some matter of Fact necessary to be proved for cleering the truth . In which case the Court , if there be cause , will give leave to him to examine Witnesses to such particular points set down , and the other side may cross examine such Witnesses . But the Interrogatories on both sides are to be included in the Commission . Where a contempt is prosecuted against one , who by reason of age , sickness , or other cause , is not able to travell ; or in case the same be against many persons who are servants , or workmen , and live farr off : the Court will upon motion and Affidavit thereof , grant a Commission to examine them in the Countrey . Which Commission shall be sued out and executed at the charge of the person or persons desiring it , directed to such indifferent Commissioners as the prosecutor of the contempt shall name ( as in other cases ) and one Commissioner onely at the nomination of the party prosecuted as aforesaid . Which Commission shall be executed at such convenient time and place , as the six Clerks not towards the cause upon hearing the Clerks upon both sides , shall set down . Upon every examination or proof of a contempt referred to any of the Masters of the Court , to certifie whether the contempt be confessed , or proved , or not : the Master , in his Certificate thereof made to the Court , shall likewise assess and certifie the costs to either party , as there shall be cause , without other Order or Motion made for that purpose . Commitment . THe Court being tender of the liberty of mens persons , and to avoyd their imprisonment upon malicious Affidavits , which are often made by one mean and ignorant person , and which hath heretofore by the course of the Court drawn on a Commitment , doth Order , That from henceforth , where oath shall be made of misdemeanor , in beating or abusing the party upon serving of the Proces or Orders of the Court , the party offending shall stand committed upon motion , and no examination is in that case to be admitted . And when Affidavit shall be made by two persons , of scandalous or contemptuous words against the Court , or the Proces thereof , the party offending shall likewise stand committed upon motion , without any further examination : And a single Affidavit in such case shall be sufficient to ground an Attachment , whereupon such person shall be brought in to be examined . And if the misdemeanour shall be confessed , or proved against him , he shall stand committed until he satisfie the Court touching his said misdemeanour , and pay the prosecutor his costs : and if he shall not be thereof found guilty , save by the oath of the party who made such Affidavit , he shall be discharged , but without any costs , in respect of the oath made against him , as aforesaid . That no Order whatsoever , except decretal or final Orders upon hearing , be received to be entered after the space of eight dayes , to be reckoned from the day of the Order pronounced exclusive : And if the party on whose behalf the motion is made do not prosecute the drawing up of the Order within four dayes , the Register is to do the same according to his notes at the instance of the adverse party . Masters . THE Masters are not upon the importunity of Councel ( how eminent soever ) or their Clyents , to return special Certificates to the Court , unless they are required by the Court so to do , or that their own judgement in respect of difficulty leadeth them unto it . Such kinde of Certificates for the most part occasioning a needless trouble , rather then ease to the Court , and certain expence to the Suitor . Their Certificates and Reports are to be drawn as succinctly as may be ( preserving the matter clearly for the judgment of the Court ) and without recital of the several points of the Orders of Reference ( which do sufficiently appear by the Orders themselves ) or the several debates of Councel before them ; unless that in cases where they are doubtful , they shortly represent to the Court , the reasons which induce them so to be . The Masters of the Court are to take notice , That when the Court requires to be satisfied from them touching any matter alledged to be confessed , or set forth in the Defendents Answer ; it is intended that without further Order they should take consideration of the whole Answer or Answers of the Defendent , and certifie not only whether the matter be so confessed or set forth , but also any other matter , avoiding that confession , or ballancing the same , that the Court may receive a clear and true information . The Masters in taking Affidavits and administring of Oaths in cases duly presented unto them , are to be circumspect and wary that the same be reverendly and knowingly given and taken , and are therefore to administer the same themselves to the party , and where they discern him rash , or ignorant , to give him some conscionable admonition of his Duty , and be sure he understand the matter contained in his Affidavit , and reade the same over , or hear it read in his presence , and subscribe his name or mark thereunto before the same be certified by the Master , who is not to receive or certifie any Affidavit , unless the same be fairly and legibly written without blotting , or interlineation of any word of substance . In all matters referred to the Masters of the Court , their Certificate ( not being to ground a Decree ) if it be positive , is to stand , and Proces may be taken out to enforce performance thereof without further motion , unless the adverse party upon notice given ( to his Attorney or Clerk in Court ) that such report is filed against him , shall within eight days after such notice ( if it be given in Term , or whiles the General Seals for motions are held , or within four days in the next Term , if it be given after ) obtain some Order in Court to controule or suspend the same . And in case of an insufficient Answer certified by the Masters , the Plaintiff may immediatly take out Proces against the Defendent for his Costs , and to make a better Answer , as hath been formerly used . Where after Certificate or Report made by the Masters of the Court , either party shall appeal from the same , to the judgement of the Court , he shall first file his exceptions thereunto briefly , with the Register , and deposite with him Forty shillings to be paid to the other party for his Costs , if he prevail not in such Appeal . And then the Register shall enter such Causes of Appeal in a paper in order as thay are brought unto him to be determined by the Court in course upon days of motions , and notice thereof to be given by the party appealing , to the Clerk of the other side . And also the Registers Paper to be set up in the Office two days before . And if the Court shall not alter the Masters Report , then the forty shillings deposited to be paid to the party defending the same , with such increase as the Court shall find cause to impose , otherwise to be restored to the party appealing , and both without charge . Petitions . NO Injunction for stay of Suit at Law shall be granted , revived , dissolved , or staid upon Petition . Nor any Injunction of any other nature shall pass by Order upon Petition , without notice , and a Copy of the Petition first given to the other side , and the Petition filed with the Register , and the Order entred . No Sequestration , Dismission , Retainers upon dismissions or final Orders , are to be granted upon Petition . No former Order made in Court is to be altered , or explained upon a Petition ; no Commitment of any person taken upon Proces of contempt to be discharged by Order made upon Petition , unless in the Vacation , and upon hearing the adverse party , his Attorney , or Clerk in Court . No Commissions for examinations of witnesses , shall be awarded or discharged , nor examinations suppressed upon Petition , except it be upon point of the Course of the Court first referred to the six Clerks not towards the Cause and certificate thereupon . Paupers . AFter an admittance In forma Pauperis , no Fee , Profit , or Reward shall be taken of such Party admitted , by any Councellor or Attorney for the dispatch of the Paupers business , during the time it shall depend in Court , and he continued In forma pauperis ; nor any contract , nor agreement be made for any Recompence , or Reward afterwards . And if any Person offending herein shall be discovered to the Court , he shall undergo the displeasure of the Court , and such further punishment as the Court shall think fit to inflict upon him , and the party admitted , who shall give any such Fee or Reward , or make any such contract , or agreement , shall be from thenceforth Dispaupered , and not be afterwards admitted again in that Suit to prosecute in forma pauperis . If it shall be made appear to the Court , That any Person prosecuting in forma pauperis , hath sold or contracted for the benefit of the suit , or any part thereof whiles the same depends , such cause shall be from thenceforth totally dismissed the Court , and never again Retained . Such Councel , or Attorney as shall be assigned by the Court to assist the Person admitted in forma pauperis , either to prosecute or defend , may not refuse so to do , unless they satisfie the Lords Commissioners , or Master of the Roles who granted the admittance , with some good reason of their forbearance . That Councellor who shall move any thing to the Court , on the behalf of a Person admitted in forma pauperis , ought to have the order of admittance with him , and first to move the same , before any other motion . And if the Register shall find that such person was not admitted in forma pauperis , he shall not draw up any Order upon the second motion made by any such Councel , but he shall lose the fruit of such second motion in respect of his abuse to the Court . No Proces of Contempt shall be made forth and sent to the Great Seal at the suit of any Person prosecuting as Plaintiff in forma pauperis , untill it be signed by the six Clerk who deals for him , and the six Clerks are to take care , that the such Proces be not taken out needlesly , or for vexation , but upon just and good cause , as they will answer it to the Court , if the contrary shall appear . And lastly ; it is Ordered , That all Masters of the Court of Chancery , Councellors , and all Officers , Ministers , Clerks , and Solicitors in the said Court , do observe these Orders , which are to continue untill upon further Consideration and experience , any Alterations shall be thought sit to be made therein . An Alphabetical Table . A   Fol. Reg. ANswer to matter of Fact . 15 10 Time to answer exceptions . 19 14 Time to deliver Exceptions to an Answer . ib. 15 Further insufficient Answers , and Costs for them . 21 16 Appeals from Masters Reports . 85 93 B SVccinctness in Bills . 5 1 Certiorari Bill . 61 63 Bills of review . 69 76 Not to be admitted till obedience , except in particular cases . 70 77 And upon security . 71 78 C CAuses to be set down according to priority of Publication . 57 58 Commission to Answer , gives liberty to Plead and Demur also . 45 45 Commission to Answer to contain an Injunction . 48 48 Not to be granted after Attach cum procl. 45 44 In what case a second Commission to Answer . 46 46 Carriage of a Commission to Examine . 32 29 Commission ex parte when . ib. 28 New Commissions , and how . 34 30 New Commission through the Defendants default . 35 31 Commitment for Misdemeanors on Service . 78 85 For Scandalous , and Contemptuous words against the Court . 79 86 Contempts . Proces of Contempt into the proper County . 42 41 Endeavour to be used in serving it . 43 42 To be discharged on payment of the Costs , or on Tender and refusal . 44 43 Appearance on Contempts . 72 79 Departure without being Examined . 73 80 In what case a Commission shall be to Examine Contemners . 76 83 Commission to prove a Contempt of course . 75 81 Contemners , when to be discharged . 66 72 When restrained . 67 73 Costs for insufficient Answer . 19 15 For further insufficient Answer . 21 16 Masters to tax Costs on Contempts of Course . 78 84 Costs to be given on hearing . 60 61 Contemner to pay the Costs double . ib. 62 D DEcrees , who is bound by them , and who not . 62 64 To be drawn briefly . ib. 65 Not to be altered but by Bill of Review , 63 66 Save in mistakes demonstrative . ib. 67 When to be enrolled . ib. 68 An entry to be made of the lands , &c. 64 69 Clerks to take care it be done . 65 70 Prosecution of Decrees for Lands . ib. 71 For money out of Lands . 67 74 Default at hearing . 58 59 Demurrer to put in without personal attendance or charge of Commission . 7 2 Demurrers to express the causes . 9 4 Demurrer upon a slip or mistake . 14 9 No demurrer after Attach . cum procl. 45 44 Demurrer being admitted , the Bill to be dismissed of Course . 14 6 Depositions in Cross causes . 37 34 Depositions in another cause . ib. 35 Depositions to be suppressed , and how . ib. 36 Dismission for non-prosecution , not to be retained till costs paid . 23 18 Dismissions on hearing . 68 75 E TIme to answer Exceptions . 19 1 Time for Exceptions to be delivered . ib. 1 Examiners Duty . 25 20 To have care of their Clerks , and be answerable for them . ib. 21 Examiner to avoid impertinences . 29 24 No Examination after publication . 31 27 H HEaring on Bill and Answer . 17 11 What evidence admitted . 18 12 Default at hearings . 58 59 Reasons to be expressed in the Order . 59 60 Costs to be given on hearing , 60 61 I INterrogatories to be pertinent . 24 19 No new Interrogatories for the same witnesses . 31 27 No Fees for the Copies of the parties own Interrogatories , save for writing . 36 33 Interrogatories not to exceed the Affidavit . 75 81 Injunction contained in a Commission to Answer . 48 48 Grounds for Injunctions to stay suits . 49 49 Injunction on Bills after verdict . 50 50 Injunctions on the matter without Reference . 51 51 Injunctions on mis-information . 52 52 Injunctions to be dissolved without motion , and in what cases . 53 53 Injunctions to quiet Possession . 54 54 Not to hinder Suits , Lease , Entry , or Distress . 55 55 Not to extend to take away Possession . ib. 56 Injunct . for Timber , Ploughing , &c. 56 57 O OAths reverently to be administred and taken . 83 91 Orders to be entred in eight days . 80 87 P PAupers not to pay Fees , 88 98 Nor to contract for the benefit of his Suit. 89 99 Councel and Attorney assigned to do their duty . 90 100 Motions for them to be first made . ib. 101 Proces of Contempt for them to be first signed by the six Clerk ▪ 91 102 No Pleadings to be of effect till filed . 8 3 Pleadings to be succinct . 5 1 Pleas to be put in without personal attendance or Commission . 7 2 Pleas on the matter , or to the Iurisdiction . 9 4 Plea of Outlawry . 10 5 Plea of a former Suit depending . 12 6 Plea of a Suit depending in another Court . 13 7 Petitions . No Injunction to be granted by Petition . 86 64 Nor Sequestration , Dismission , Retainers upon Dismissions , or final Orders . 87 95 Nor Order altered or explained , nor Commitment discharged . ib. 96 No Commissions for Examination of Witnesses to be awarded or discharged , nor Examinations suppressed by Petition . 88 97 Proofs to be only of matters necessary . 22 17 One rule for Publication on a joynt Commission . 36 32 R PLaintiff to Reply , if Answer good to common intent . 19 13 Reports of Masters not to be special , without Order . 81 88 Nor prolix . ib. 89 To be upon the whole Answer . 82 90 Reports that are positive . 84 92 S SErvice of a Subpoena to answer . 39 37 Subpoena for better answer and Costs in one . 40 38 Subpoena ducens tecum to be sued out of course . 41 39 Service of a Subpoena ad audiend. . Judicium . 42 40 Sequestration on non est invent . 47 47 W NO Witnesse to be examined without notice , &c. 27 22 Witnesses to be examined to Interr . seriatim . 28 23 Examination to the credit of a Witness , and how . 30 25 Fee for examining a Witness to be deducted . ib. 26 FINIS . B. Whitelocke C.S. Rich. Keble C.S. VV. Lenthall Master of the Roles . Notes, typically marginal, from the original text Notes for div A33867e-170 1. Succinctness in Bills and Pleadings . 2. What Pleas or Demurrers may be put in without personal attendance , or charge of Commission . 3. No pleadings to be of effect till filed . 4. Demurrers and Pleas on the Matter , or to the jurisdiction . 5. Plea of Outlary . 6. Plea of a former suit depending . 7. Plea of a Suit depending in another Court . 8. Demurrer upon a slip or mistake . 9. Demurrer being admitted , the Bill to be dismissed of Course . 10. Answer to matter of Fact . 11. Hearing on Bil and Answer with caution . 12. At hearing on Bil and Answer , what evidence . 13. Plaintiff to reply , if the Answer good to a common intent . 14. Time to answer exceptions . 15. Time for exceptions to be delivered , and costs for insufficient answers . 16. Further insufficient Answers ▪ and the costs for them . 17. Proofs to be only of matters necessary . 18. Bill dismissed for want of prosecution , not to be retained till the costs paid . 19. Interrogatories to be pertinent . 20. Examiners duty . 21. To have care of their Clerks , and be answerable for them . 22. Notice of a Witness to be examined . 23. Witnesses to be examined to Inerrogatories seriatìm . 24. Examiner to avoid impertinences . 25. Examination to the credit of a Witness , and how . 26. Fee for examining a Witness to be deducted . 27. No new Interrogatories for the same Witness , nor examination after Publication . 28. Commission ex parte , when . 29. Carriage of Commissions to examine . 30. New Commission , and how . 31. New Commission through Defendents default . 32. One rule on a joynt Commission . 33. No Fees for the copies of the parties own Interrogatories , save for writing . 34. Depositions in cross Causes . 35. Depositions in another Cause . 36. Depositions to be suppressed , and how . 37. Service of a Subpoena ad respondend . 38. Subpoena for better Answer and costs in one . 39. Subpoena duc . tec . to be sued out of course . 40. Service of a Subpoena ad audiend. . Iudicium . 41. Proces of contempt into the proper County . 42. Endeavor to be used in serving it . 43. To be discharged on payment of the costs , or upon tender and refusal . 44. After Att. cum Procl. no Commission , nor Plea , or Demurrer . 45. Commission to Answer gives liberty to plead and demurr also . 46. In what case a second Commission to answer . 47. Sequestration upon non invent ▪ or rescue 48. Commission to answer to coniain an Injunction . 49. Grounds for Injunctions to stay suits . 50. Injunction on Bils after Verdict . 51. Injunctions on the matter without reference . 52. Injunction on misinformation . 53. Injunctions to be dissolved without motion , and in what cases . 54. Injunctions to quiet possession . 55. Not to hinder suits , lease , entry , or distress . 56. Not extend to take away a possession . 57. Injunctions for Timber , Ploughing &c. 58. Causes to be set down according to Priority of Publication . 59. Default at hearing . 60. Reasons to be expressed in the Order . 61. Costs to be given on hearing . 62. Contemner to pay the costs double . 63. Certiorari Bill . 64. Who is bound , and who not . 65. To be drawn briefly . 66. Not to be altered but by Bill of review . 67. Save in mistakes demonstrative . 68. When to be enrolled . 69. An entry to be made of the Lands , &c. 70. Clerks to take care it be done . 71. Prosecution of a Decree for lands . 72. Contemners when to be discharged . 73. When restrained . 74. Decree for money out of land . 75. Dismission on hearings . 76. Grounds of Bils of Review . 77. Not admitted ▪ till obedience , except in particular cases . 78. And upon Security . 79. Appearance on Contempts . 80. Departure without being examined . 81. Interrogatories not to exceed the Affidavit . 82. Commission to prove it of course . 83. In what cases a Com shall be to examine contemners . 84. Master to tax costs of course . 85. On misdemeanour on service . 86. For scandalous and contemptuous words against the Court . 87. Orders to be entered in eight dayes . 88. Reports not to be special without Order . 89. Nor Prolix . 90. To be upon the whole answer . 91. Oaths reverendly to be administred and taken . 92. Reports positive . 93. Appeals from them 94. No injunction to be granted on Petition . 95. Nor Sequestration , Dismission , Retainer , nor final Order . 96. Nor Order altered , or explained , nor commitment dischargeed . 97. No Commissions to examine witnesses to be awarded , or discharged , nor examinations suppressed by Petition . 98. Not to pay Fees . 99. Not to contract for the benefit of the Suit. 100. Councel and Attorney assigned to do their duty . 101. Motions for them to be first made . 102. Proces of Contempt for them to be first signed by the six Clerk . 103.