Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	case_n	common_a	court_n	6,531	5	6.7270	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80116	A collection of such of the orders heretofore used in Chauncery, with such alterations & additions thereunto, as the Right Honorable 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.; Whitlocke, Bulstrode, 1605-1675 or 6.	1649 (1649)	Wing C5195; Thomason E1377_4; ESTC R209283	24,870	102

his Assignes in possession and in case of resistance a Writ of assistance is to be awarded to the Sheriffe 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 untill 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 performe the other parts of the Decree if any be to be performed at future dayes 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 speciall 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 inrolled such causes are not againe 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 containe 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 actuall 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 VVHere 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 appeare 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 daies 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 by the other side nor Witnesses examined in Court to prove the contempt within one moneth 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 entred 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 cleare 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 Orderof 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 demurre unto them or refuse to Answer them Where the party prosecuted upon a contempt hath denied it or the same doth not clearly appeare 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 crosse examine the Witnesses produced against him to prove the contempt but is not to examine any Witnesses on his part unlesse he shall satisfie the Court touching some matter of Fact necessary to be proved for clearing 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 otherside may crosse 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 sicknesse or other cause is not able to travaile or in case the same be against many persons who are servants or workmen and live far 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

but upon motion in Court and Affidavit made of the parties inability to travail or other good ●atter 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 Country shall without more words have the same liberty there by to Answer Plead and Demur as he had by the originall 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 owne assent under his hand And if the time for the Defendents answering be inlarged upon Affidavit that he or they cannot answer without fight of Writings in the Country or in respect of the length of the Bill or the like which shal not be without speciall 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 Process of contempt and cannot be found by the Serjeant at Armes or makes a rescue a Sequestration shall be granted of the land in question And if the Defendent render not himself within a yeare 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 meane time It is Ordered that from henceforth every Commission to take an Answer in the Countrey shall containe 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 returne 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 seale 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 wilfull 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 principall money except there shall upon hearing both sides appeare to the Court in the Defendents Answer or by deed under hand and seale 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 untill the hearing of the cause unlesse 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 charged 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 Councell moving the same shall have that suggestion fair written in his hand and read or truely 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 cleare from any contempt in that behalfe and have his costs and such Councell shall justly incurre 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 plaine 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 asoresaid be discharged of any contempt although he hath proceeded at Law after such Injunction granted and also have his costs taxed for his wrongfull vexation by the same Master to whom the contempt shall 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 daies after the Answer duly filed in Court for continuance of the Injunction the same shall stand dissolved 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 actuall possession at the time of the Bill exhibited and not of Rents or other things which lie not in manuall occupation and for such possession as the Plaintiff himself had at the time of the Bill exhibited and three yeares before but not to be extended further to the possession of such from whom he claimes or of him and his Tenants much lesse him and his Assignes 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 shall extend to hinder the Defendents proceedings at Law to evict the Plaintiff or from making any lease or peaceable entry or single distresse 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

A COLLECTION Of such of the ORDERS Heretofore used in CHAVNCERY With Such Alterations Additions thereunto as the Right Honorable 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 John Macock for Francis Tyton and are to be sold at his shop at the three Daggers neer the Inner-Temple Fleet street 1649. Imprimatur Hen Scobell Cleric Parliament 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 Councell 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 Bills and other pleadings may be restored and observed Much less may Councel incert 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 Demurrers FOrasmuch as the Defendant being served with process to answer may by advice of Councel upon sight of the Bill only be enabled to demur there unto 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 Defendant do not deliver the same in person or by Commission And therefore if the Defendant shall pray a Commission and thereby return a Demurrer only or only such Plea which shall be afterwards over-ruled the Defendant shall pay five Marks costs and although it be allowed the Defendant 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 Defendant 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 the Plaintiff may then take out Proces to enforce the Defendant to make a better answer and pay forty shillings costs and the same shall 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 insistest on at the debate of the Demurrer more then is particularly alledged yet the Defendant shall 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 our Proces to enforce the Defendant 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 Defendant shall not be put to set it down with the Register And after the said Outlary reversed the Defendant upon a new Subpena 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 Plaintiffe shall not in such case enter it with the Register within eight days after the same shall be filed the Defendant 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 Defendant shall not be put to set it down with the Register But if the Plaintiffe be not satisfied therewith the same shall be referred to one of the Mesters of the Court to certifie the truth thereof and if it shall be determined against the Plaintiff he shall pay to the Defendant 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-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 Defendant not 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 Defendant or his Attorney to his use twenty shillings Costs But if the Plaintiff