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A53418 Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer. England and Wales. Court of Chancery.; England and Wales. Court of Exchequer. Rules and orders of the Court of Exchequer. 1698 (1698) Wing O415; ESTC R11916 131,267 357

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the High Court of Parliament and in imitation of that Provision which is made by the Statute made in the 27th year of the Reign of Queen Elizabeth whereby it is enacted That no Recognizance in the nature of a Statute Staple shall bind any Purchasor unless the same be inrolled within six Months after the acknowledgment thereof Doth hereby declare and order That for the future no Recognizance which after the first day of September next ensuing shall be acknowledged in this Court of what Nature or Kind soever shall be inrolled in this Court unless such inrolment be within the space of six Months after the acknowledgment thereof And that all Officers and Ministers of the Court do for the future observe and take care that no such Recognizance be inrolled in the said Court contrary to this present Order Recognizances to be inrolled within 6 months after acknowledgment and all Recognizances heretofore acknowledged in this Court and not already inrolled shall be inrolled within the space of six Months after the 23th day of October next and shall not be received nor inrolled after that time and because there may be special circumstances wherein it may be fit to dispense with these Rules no Recognizance shall ever be inrolled after the time prescribed be elapsed without motion in open Court Except by Motion in open Court to the end that the Conusor and all Purchasers and Tertenants may have due notice and the Court may by Special Order and consent of the Party paying such inrolment out of due time provided for the indemnity of such Purchasers as may be otherwise prejudiced thereby and that all persons concerned may take notice of this Order Copies hereof are to be set up and fixed in the several Offices of the Court concerned herein Mercurij 4 die Novembris Anno Regni Caroli II. Regis 26. 1674. Touching Contempts Ordo Curiae UPon Complaint made to the Right Honourable the Lord Keeper Vide infra 13 Julij 85. 17 Maij 1 Jac. 2. c. by the Serjeant at Arms attending the Great Seal that after Contempts are prosecuted to a Serjeant at Arms and a Commitment pronounced the Prosecutors will draw up the Order and never take forth a Warrant thereon but make use thereof to force the party prosecuted into some Composition sometime for the whole Matter in difference but usually for the discharge of the Contempts whereby the Serjeants Imployment is rendred in great part ineffectual for prevention whereof his Lordship doth thereupon Order After any Order for a Serjeant at Arms shall be granted the Register shall draw up the same and deliver the same to the Serjeant and no other That after any Order for a Serjeant at Arms shall be granted by the Court the Register shall on request draw up the said Order and deliver the same to the Serjeant at Arms or his Deputy and no other person they paying for the same by which means he shall or may endeavour to apprehend the Party prosecuted and bring him into this Court to answer the second Contempt if he can but if he cannot his Lordship doth further order The said Order not to be discharged nor the Contempt thereupon without the Serjeants Fees be paid and Certificate under his hand testifying the same That no Order for a Serjeant at Arms drawn up and past by the Register be discharged and the Contempt thereupon without the Serjeants Fees be paid to him and a Certificate under his Hand testifying the same and after the said Order being so drawn up and past as aforesaid no private or other agreement shall be made between the Party or Parties or the Person or Persons so standing in Contempt as aforesaid or any other person there or any on their behalfs without such satisfaction shall be made and a Certificate of the same shall appear to Court Veneris 18 die Decembris Anno Regni Caroli II. Regis 26. 1674. Ordo Curiae Private UPon Complaint made to the Right Honourable the Lord Keeper c. on the behalf of Mr. Thomas Middleton Solicitor committed to the Feet for an Assault a Clerk in the Register's Office of an Assault made upon him by one James Bradley a Solicitor by striking off his Hat and beating him over the Head and Face with a Staff in the Register's Office whereby his Head and Face are very much swelled and bruised which upon the examination of the matter his Lordship finding it to be done without any cause or provocation save the said Middleton's drawing and expediting an Order against a Client of the said Bradleys according to the direction of the Court his Lordship resenting it to be a great abuse and misdemeanor against the Court for Officers or Clerks to be thus used especially for discharging the Duty of their Imployments doth order that the said Bradley for this great misdemeanor be committed close Prisoner to the Fleet there to be kept without Pen and Ink or any access to him from without the Fleet till further Order to the contrary Lunae 10 die Aprilis Anno Regni Caroli II. Regis 28. 1676. Concerning Quakers Ordo Curiae WHereas divers persons that go under the Name of Quakers being sued and served to answer Bills in this Court or served with Process to testifie their knowledge in Causes here depending have used many devises to prevent the taking of their Oaths to their Answers and procured themselves to be personated by others and yet their Answers have been certified as if they were really sworn whereby the Suitors have been hindred from discovery of the matter charged on them and the truth is suppressed And in case of false swearing the Persons cannot be proceeded against according to Law For the preventing therefore of all abuses of that nature for the future the Right Honourable the Lord High Chancellor of England doth Order That such Suitors to this Court who demand the Answer Examination or Deposition of any person that goes under the name of or is reputed a Quaker he or his Clerk in this Court shall duly inform and leave a Note in writing with the Clerk of the other side thereof And the Clerk for such Defendant Respondent or the Party on whose behalf such Witnesses is to be examined Two days notice in writing of the persons abode and time and before whom the Defendant is to be sworn shall take care that two days notice in writing as aforesaid be given to the Plaintiffs Clerk of the place of abode the time when and before what Master such person shall be sworn either to his Answer or Plea or to any Interrogatories in order to take his Deposition or Examination in this Court to the end that some person may if they think fit be present and receive satisfaction that the party is duly and regularly sworn and is the same person intended for the Defendants Respondent or Witness and that every Defendant shall subscribe his Name or Mark to
being served with a Subpoena to Rejoyn or appearing Gratis to rejoyn and join in Commission shall not deliver Commissioners Names to the Plaintiffs Attorney by the end of that Term and strike Names within four days after the end of that Term Time for Defendants to join in Commission the Plaintiff may take a Commission ex parte XXII Execution of Commissions to examine Witnesses WHen a Commission is taken out if through the default of the party having the carriage of the same or of his Commissioners the same be not executed he shall pay unto the other party such reasonable Costs as he or his Solicitor shall upon Oath make appear he was put unto by such failure and shall renew such Commission at his own charge wherein the adverse party may join and Cross examine such Witnesses if he think fit but if he examine any Witnesses of his own then he is to pay the Half Fee of the Commission and the adverse party may also have a Duplicate of such Commission and if the party taking out of such renewed Commission do not give notice to execute his Commission eight days before the Retorn thereof Commission to be eight days before retorn'd that then the adverse party upon four days notice may execute his Commission and no second Commission to be awarded without Motion in Court XXIII Renewed Commissions to be Executed IF at the instance of a Defendant a Commission to examine Witnesses is ordered to 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 Retorn thereof and no more Commissions to issue except it be for the examination of Witnesses beyond the Seas or by further order of Court No more Commissions except for Witnesses beyond Sea or order of Court And that no Witnesses shall be examined at the hearing of any Cause viva voce without special Order of this Court made before the Hearing of the Cause XXIV No Commission in London THat no Commission ad examinandum Testes be exhibited in London or within ten miles thereof without special Order first obtained upon Affidavit made of the Parties inability to travel or other good matter And that all Depositions taken by Commission in London or within ten miles thereof without special Order as aforesaid shall stand superseded and suppressed ipso facto and not allowed to be read in Evidence at the hearing of the Cause and after Interrogatories are exhibited of either side neither Party shall add to or alter the same without leave of the Court. No Interrogatories added without leave of the Court. XXV Publication PUblication to pass within one Week after every Commission retorned or the Witnesses examined in Court if no Cause be shewed to the contrary and where a Rule for Publication shall be given there not being not a Week A Week in Term day shall be given to shew Cause to the contrary at the setting down of Causes Or setting down of Causes XXVI Vse of Depositions of Witnesses DEpositions of Witnesses in several Causes which are meerly Cross Causes that is to say 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 XXVII Setting down of Causes in London or within sixty Miles in Easter or Michaelma Term. NO Causes shall be put into the General Bill of Causes to be set down to be heard till Publication is past except it be by special Order of Court and when Publication is past the Cause to be set down for the Term following except in Cases where the Parties live in London or within sixty Miles thereof wherein if a Replication be filed in Trinity or Hillary Terms and Publication do pass the first Week of Michaelmas or Easter Terms following If Publication past the first Week in Term. such Cause may be set down to be heard the last day of Causes of such Michaelmas or Easter Terms XXVIII Subpoena ' to hear Judgment SVbpoena's to hear Judgment shall be served in London or within sixty miles of the City of London ten days London 10 days before the day of hearing of the said Cause and in more remote places fourteen days Remote 14 days before such day of hearing except in Trinity Term Defendant 10 days and then the Defendants inhabiting in the more remote Parts to have but ten days notice XXIX Hearings IF the Defendant shall be served to hear Judgment and make Default and hath day given him to shew Cause why a Decree should not be made against him such Defendant or his Counsel shall not be heard therein till he first pay down to the Plaintiff or his Attorney in Court 5 l. Costs 5 l. Cost if the Defendant attend not and in case the Defendant doth attend the Hearing being duly served and that appear to the Court and if the Plaintiff doth not attend the Cause to be put out of the Paper and the Plaintiff to pay to the Defendant 5 l. Costs Plaintiff to pay 5 l. before heard and the Defendant may set down the Cause to be heard the next Term ad requisitionem Defend ' the Plaintiff to pay the said 5 l. Costs before his Counsel be heard XXX Rules on Hearing on Motions THat the Judgment pronounced on every Hearing and the Rule given on every Motion shall be truly taken and fairly written by His Majesty's Remembrancer Minutes or his Deputy and openly read before another Cause or Motion be begun to the end if the same be mistaken it may be rectified by the Court. XXXI Entries of Decrees and Dismissions ANd every Decree or Order of Dismissions made by the Court that is not entred some time before the last day of the next Term Next Term. after the pronouncing thereof shall not be entred but upon Motion in open Court XXXII Decrees and Orders EVery Order and Decree to be drawn up as short Short as with conveniency they can be without reciting the former Orders and Pleadings at large XXXIII Bills of Review WHere a Bill of Review shall be brought the Plaintiff in such Bill shall pay the Costs taxed or due in the former Cause and enter into a Recognizance Pay Costs and enter into a Recognizance of such Penalty as the Court shall appoint to perform the same in case the same shall be affirmed and to pay such further Costs as this Court shall direct otherwise the Defendant not to be enforced to give any Answer to such Bill or incur any Contempts No Contempts for his neglect therein XXXIV Proceedings upon Bills to Examine Witnesses in perpetuam rei memoriam WHere a Bill shall be exhibited to examine Witnesses in perpetuam rei memoriam and the Defendant being served with Process doth
Some Law-Books lately Printed for J. Walthoe CAses in Chancery Folo price 12 s. Daltons Country Justice with large Additions Fol. 14 s. The Practice of all the Courts at Westminster Octavo 5 s. A View of all the Penal Laws concerning Trade to April 1697. 12o. 3 s. The Method of Pleading by Rule and President c. 8o. 5 s. Tryals per Pais 8o. 5 s. The Compleat Sheriff with the Office of a Coroner 8o. 5 s. The Table of Fees of all the Courts at Westminster as they were delivered in Parliament 8o. 1 s. 6 d. The Modern Conveyancer or Conveyancing Improved the Second Edition with Additions 8o. 5 s. The Law of Obligations and Conditions 8o. 5 s. Blunts Law Dictionary Fol. 10 s. All the Pleadings and Arguments upon the Qu● Warrant● against the City of London Fol. 6 s. Ordines Cancellariae BEING ORDERS OF THE HIGH COURT OF CHANCERY FROM THE First Year of King Charles I. To this present Hillary Term 1697. EXAMINED By the ORIGINAL ORDERS To which is added the RULES and ORDERS Of the COURT of EXCHEQUER LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. A TABLE OF THE Names of the Orders A. ACcounts 201 Affidavits 15 91 207 Amending Letters Patents 20 Answer 55 121 192 An Act for ascertaining the Fees of the Masters in Chancery 95 Attachments 54 B. BBankrupts 198 Bill 55 80 113 C. CAuses to be set down for hearing 135 196 Clerks of the Inrolment 40 Commissions for examining of Witnesses 11 Commissions 55 132 Contempts 141 Common Rules 54 Costs 80 Contempts 13 137 187 Cursitor 146 D. DDecrees made with the Assistance of the Judges 48 Decrees 56. 142 213 Demurrers 62 117 Depositions 55 73 134 247 Differences between the Six Clerks and Examiners 26 Division of Business of the Six Clerks Office according to the Letters of the Alphabet 36 107 157 Dismissions 55 56 E. EXaminers 3 64 73 Examiner suspended 215 Examination of Witnesses 38 72 125 154 204 Exceptions 123 209 175 234 236 239 Examiners Clerks not to practise as Solicitors 254 F. FEes 44 Fees of Affidavit Office 33 Filing of Affidavits 58 Filing Bills 77 83 86 Filing Exceptions 197 Filing Reports and Certificates 237 H. HEaring Causes 30 210 232 I. IDeots 70 Imposition on Law Proceedings 176 178 Injunctions 55 56 Joint Commissions 56 Inrolments of Patents 101 Interrogatories 216 L. LVnaticks 70 M. MAster 's in Chancery 70 144 Motions 65 Misdemeanors of the Young Clerks 221 240 244 Masters Clerks not to practise as Solicitors 254 N. NObility Answering 63 O. ORders on Petition 217 P. PAper Copies to contain 15 Lines 53 Plague 24 Paupers 151 Pauper Writs 173 Petitions 49 151 Persons committed to the Fleet for imbezling Records 51 Pleadings 55 Pleas 62 117 Priviledge 6 31 Privy Seals 55 Prisoners 61 Priviledge Writs 100 173 Proceeding in hearing Causes 136 Private Order 231 240 Q. QVakers 189 R. REferences 256 References of Insufficient Answers 5 Registers Office 87 88 Register 54 Registring Affidavits 8 Records 60 66 68 78 79 90 194 211 Recognizances 183 Rehearing 208 233 Renewed Writs 173 Regulating the Vnder-Clerks 222 S. SIx Clerks 61 81 205 244 Serjeant at Arms 205 251 Solicitors 205 Solicitor Committed for an Assault 188 Subpoena Office 85 Subpoena's 45 106 115 Subpoena ad audiendum Judicium 1 46 53 Subpoena ad Rejungendum 54 Surrender of one of the Six Clerks to the Master of the Rolls 219 T. TRansferring of Records 42 U. UNder-Clerk allowed Parchment 23 Vnder Clerks 171 244 Vnder-Clerks Fees 161 Vsher of the Court 158 W. WArrants 55 Writs in Forma Pauperis 100 A List of the Lord Chancellors Lord Keepers and Lords Commissioners of the Great Seal of England from the First Year of King Charles the First to the Ninth Year of the Reign of King William the Third SIR Thomas Coventry was made Lord Keeper of the Great Seal Nov. 1. in the First Year of the Reign of King Charles the First 1625. Sir John Finch was made Lord Keeper the 23th of Jan. 13 Car. 1. 1639. Sir Edward Littleton Knight made Lord Keeper the 23th of Jan. 16 Car. 1. 1640. Sir Richard Lane Knight made Lord Keeper the 30th of Aug. 25 Car. 1. 1649. Sir Edward Hide Knight made Lord Chancellor of England the 29th of Jan. 12 Car. 2. 1660. Sir Orlando Bridgman Knight made Lord Keeper the 30th of Aug. 19 Car. 2. 1667. Anthony Lord Ashly Earl of Shaftsbury Constituted Lord Chancellor of England the 17th of Nov. 24 Car. 2. 1672. Sir Henage Finch Knight made Lord Keeper the 19th of Nov. 25 Car. 2. 1673. Sir Francis North Knight made Lord Keeper the 22th of Decemb. 34 Car. 2. 1681. Sir George Jefferies Knight Constituted Lord Chancellor of England the 28th of Septemb. 1 James 2. 1685. Sir John Maynard Sir Anthony Keck and Sir William Rawlinson made Commissioners of the Great Seal in Hillary Vacation the First of King William and Queen Mary 1689. Sir John Summers made Lord Keeper in Hillary Vacation the Fourth of King William and Queen Mary 1692. And Constituted Lord High Chancellor of England the 23th of April the Seventh of King William 1695. ORDO CVRIAE OR ORDERS OF THE Court of Chancery From the First Year of King Charles the I. to Hillary-Term 1698. Veneris 30 die Junii Anno Regni Caroli Regis primo 1625. Concerning Subpoena's Ad audiendum Judicium Ordo Curiae WHEREAS the Right Honourable the Lord Keeper being informed of sundry Abuses Vide postea in the untimely and disorderly setting down of the Causes of Hearing in this Court and the obtaining of Subpoena's Ad audiendum Judicium thereupon whereby ancient Causes were stopt back from hearing and other Causes thrust in to the prejudice of the other Clyents and scandal to the Court the six Clerk towards the said Causes never being made acquainted therewith For reformation whereof the then Lord Keeper did Order and Require That hereafter it should be carefully observed that no Subpoena should be made Ad audiendum Judicium for any Cause of hearing whatsoever before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk that is Attorny and under the Hand of the Register and in their absence under the Hand of their sufficient known Deputies to warrant the same No Subpoena's to be made Ad audiendum judicium before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk and of the Register to warrant the same And if any such Clerk should after presume to offend therein then the said Clerk was to stand committed for his wilful contempt Forasmuch as the Right Honourable the Lord Keeper was this day informed by the said six Clerk that of late the said Order had been neglected in divers Subpoenas Ad audiendum judicium which had been made without any such notice
Page 233 How and when Causes are to be set down for Hearing Page 135 To be set down without Fee ibid. At the Hearing if no Counsel appear for the Defendant his Answer shall be read Page 136 I. Vide Title Examinations DEeds to be Inrolled within five days after the acknowledgment 18 June 38. To be Inrolled within 6 Months Six Clerks to Inroll all Warrants for Patent Leases 20 Aug. 62. Page 101 Writ of Injunction of Course upon a Dedimus Potestat ' 26 Nov. 49. Page 59 Interrogatories to examine Witnesses to be signed by Counsel 29 April 87. Page 217 Interrogatories how far to be extended or not Page 139 Injunction not to be staid granted or dissolved upon Petition without notice of the other side Page 151 Injunction vide Petition Inrolment of Patents Page 194 195 L. ORder Affidavit or Certificate touching Ideots Lunaticks and Non Compus Mentis to be filed with the Clerk of the Custodies 13 July 55. Page 70 Amendment of Letters Patents for a mistake in the Privy Seal and the Inrolment and Original Bill under His Majesty's Hand Page 22 M. THursday to be observed for Motions 18 June 52. Page 65 Motion to speed a Cause to Hearing 9 July 89. Page 232 Masters Extraordinary not to act within eight Miles of London 9 Oct. 86. Page 71 How to certifie Affidavits ibid. Minutes of Decrees and Orders to be read in open Court 29 April 87. Page 213 Masters vide Exceptions Reports The Masters not to retorn special Certificates to the Court unless required by the Court Page 144 How the Master is to satisfie the Court touching the Defendants Answer Page 145 The Masters Certificate not being to ground a Decree if positive is to stand Page 146 Of Masters Extraordinary Page 148 Orders vide per totum vide Petition Of Orders granted on Petitions 27 May 87. Page 217 Plea of Outlawry when good or not Page 119 P. Petition NO Process of the Court to issue out upon Petition till such Petition be first filed 26 April 47. Page 50 Injunction not to be staid granted or dissolved upon Petition without notice or Copy of it on the other side Page 151 No Sequestrations Dismissions Retainers upon Dismissions or final Orders to be granted upon Petition Page 151 No former Order of Court to be altered or explained upon a Petition or Commitment of any Person upon Contempt to be discharged by it ibid. Petitions to ground Subpoena's when effectual Page 218 Paper Books called the Bills and Costs to be brought into Court 30 Octob. 58. Page 80 Plea of Outlawry vide Outlawry Page 119 Plea to the Jurisdiction Page 117 All Pleadings c. to be delivered into the Six Clerk's own hand or his Deputy Page 131 Plea depending a former Suit for the same Matter Page 120 Priviledge Priviledge Writs and Pauper Writs to be sealed without Fee Page 100 Clerk of the Hanaper though suspended from his Office yet allowed priviledge 30 Jan. 36. Page 32 Priviledge for known Clerks of the Court and their Menial Servants only Page 6 Writ of Priviledge how and by whom to be allowed Page 7 Publication After Witnesses examined in Court two Rules shall be given for Publication and upon the Retorn of a Certificate one Rule only Page 132 Paupers No Fee to be taken during the Paupers business depending in Court and the penalty Page 151 Cause of a Paupers Suit being perpetually dismissed Page 152 The Counsel who moves for a Pauper ought to have the Copy of the admittance with him Page 153 No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk ibid. Patents Six Clerks to inroll all Warrants for Patent Leases c. whereby the Patent-Leases pass the Great Seal Page 104 Inrolments of Patents Page 195 211 212 Concerning Quakers Page 189 R. REcords transferred over to the Rolls Chappel 8 December 49. 19 July 58. 29 June 54. 30 July 76. 9 June 86. Page 60 69 78 79 Transferring Records to the Attorney of the other side 19 June 14 Car. 1. Page 43 Order for safe keeping the Records by being duly filed 16 Nov. 53. Page 66 Records to be delivered to a new Register 21 June 60. Page 91 Report upon a reference of insufficient Answer to be filed within one Month after the Date of such Reference 10 Decemb. 4 Car. 1. Page 5 Reports and Certificates made by the Master when to be filed 27 Octob. 92. This Order suspended 7 July 93. Page 237 Of Reports of the Master on Account Page 202 203. Recognizances to be inrolled within six Months after the acknowledgment 22 July 74. Page 180 41 185 186 S. HOw every Subpoena is to be served Page 115 116 How a Subpoena ad Audiendum Judicium is to be served Page 1 116 Subpoena ad rejungendum Page 116 125 Subpoena ad Audiendum Judicium Page 116 No Subpoena ad Audiendum Judicium without a Note under Six Clerk's hand Page 53 No Subpoena to be retorned immediate without the special Command of the Lord Chancellor 23 June 40. Page 47 How a Subpoena for Costs is to be served Page 116 Replication to be first filed before a Subpoena ad Rejungendum shall issue out 1646. Page 54 What Writs are to be made by the Clerks of the said Subpoena Office only 21 Nov. 59. Page 86 Punishment of those that forge Subpoena's 25 Jan. 63. Page 106 W. Witnesses vide Examination THe Clerk that shews a Witness ought to have a Note of his Abode 9 May 1 Jac. 2. Page 204 In Affidavit of material Witnesses to examine the chiefest Witness and the material Points to which they are to be examined ought to be inserted 26 Octob. 85. Page 207 How a Witness to be examined Page 128 Writs vide Subpoena Priviledge Writs Pauper Writs and Renewed Writs to be sealed without Fee 12 Feb. 62. 18 Nov. 68. Page 100 Of what Retorn the Cursitor o make his original Writ Page 149 FINIS THE RULES AND ORDERS OF THE COURT OF EXCHEQUER LONDON Printed by the Assigns of Richard and Edward Atkins Esquires for John Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. ORDERS and RVLES of Proceedings in the Office of His Majesty's Remembrancer of His Court of Exchequer at Westminster which the Right Honourable the Lord Chief Baron and the other Barons have thought sit at present to Ordain and Publish for the better and more speedy carrying on the Business in that Office I. English Bills EVery Subpoena to Answer Rejoin or hear Judgment shall be served Personally or left at the Defendants Dwelling-House or place of Residence with one of that Family or otherwise the same Writ under Seal shall be shewed there to such Person of such Family and a Ticket thereof left with such person containing the effect of the same Writ And all such Tickets upon a Subpoena to Answer shall be written in the Exchequer hand in Parchment II. Filing
Draught or Copy thereof to any person or persons to take or make Copies thereof or use the same whereby the King's Majesty or his Farmers may be defrauded of any of the Duties imposed by the said Act. 2. That the Clerks of the said Office do duly enter and pay the Duty for all appearances of persons for whom they have directions to appear and that neither the Six Clerks for the Plaintiff nor his Deputy do deliver any Bill to a Clerk or any other for the Defendant without a Note under the Hands of the Six Clerks for the Defendant or his Deputy testifying that the Appearance is entred which Note the said Six Clerk or his Deputy who receiveth the same is carefully to file up to the end the Clerk or the Person who on delivery thereof taketh away any Bill may if occasion requires be called to return the said Bill and charged by the said Six Clerk or his Deputy or the Farmers Agent with the payment of His Majesty's Duty for the Copy thereof 3. That the Farmers of His Majesty's Duty do provide for every of the said Six Clerks a Book and that every of the said Six Clerks and their Deputies do take special care that before any Records or Pleadings whatsoever Bills excepted be taken or delivered out of the Six Clerks Studies or Record-house a short entry be made thereof in the Book remaining with the Six Clerks from whom the same is taken or to whom the Custody thereof belongeth with the time when and the Persons Name by whom the same is taken out to the end as occasion shall require the said person may be called on to return such Records and Pleadings and for payment of His Majesty's Duties for the Copies thereof 4. That all Bills Answers Pleadings and other proceedings in the said Court be duly filed and that no Copies be made thereof till the same have been so filed with a proper Officer for that purpose 5. That no Copy of any Bill Answer Plea Demurrer Depositions o● Witnesses or other Records of the said Court shall be delivered or sent to any Client or Solicitor or other Person till the same be signed by the proper Officer to whom they belong or his Deputy and that no close Copy whatsoever shall be made until an Office Copy hath been paid for and that in such case where a close Copy is made for the same person by whom or on whose account an Office-Copy hath been paid for His Majesty's Duty shall not be required for such close Copy 6. That no Copy of any Record of the said Court be offered to be read or made use of either in Court or at the Rolls or before any Master or elsewhere or any Fees taken for the same which is not under the proper Officer or his Deputies Hand the draughts of Complainants or Defenfendants own Bills Answers or other pleadings which by the ancient Rules of the Court have been permitted to be made use of by themselves only excepted 7. That no Commission whatsoever be published but in the presence of one of the Six Clerks concerned in such Cause or Causes in which they shall happen to be published or one of the Deputies who is to cause the same to be entred in the said Book to be provided by the said Farmers to the end the Clerk concerned in such Cause or Causes may be called on to pay His Majesty's Duty for the Copies of Depositions as in the cases of Copies of other Pleadings and Records 8. That no Subpoena ad audiendum Judicium be made out until a Certificate under the hand of the Six Clerk at whose instance the Cause is set down be delivered to the Deputy of the Subpoena-Office that the Pleadings in the Cause are filed which Deputy is hereby required to write thereon the Name of the Clerk that deals for the Plaintiff and to deliver over such Certificate to such person whom the Farmer of the King's Duty shall appoint to receive the same 9. That the Six Clerks or their Deputies or other Officers of the said Court when they sign any Copies do write thereon the day of the Month when they are signed and in words at length the number of Sheets which they contain and also subscribe their Names to the same 10. That the said Six Clerks do give the Names of their Deputies or such who in their absence they permit to sign things to the Farmers Agent in writing and so of any other they shall permit or appoint for that purpose and that the said Six Clerks or their Deputies attend on all Office-days to dispatch business from the hours of nine in the Morning till twelve at Noon and from three of the Clock in the Afternoon till Six in the Evening 11. That all Decrees and Dismissions be signed by the respective Six Clerk by whom they ought to be signed and not by their Deputies but in case of sickness or absence out of Town of the Six Clerk and that the Six Clerks or their Deputies when they sign any Decree do at the same time write thereon the day of the Month and the year when they do the same Shaftsbury Ch. Mercurij 22 die Julij Anno Regni Caroli II. Regis 26. 1674. Touching Recognizances Ordo Curiae WHereas on Complaint made this day to the Right Honourable the Lord Keeper Concer ' Irrotulament ' Recogn ' capt ' in Cancellaria c. that a Recognizance acknowledged in this Court the 17th of Jan. 1653. of 1000 l. for payment of 507 l. 10 s. the 6th of March then next was not inrolled till the 1st day of July 1666. and that by an Administrator whereby all the Lands and Tenements of the Cognizor at the time of entring into such Recognizance and charged in the hands of a Purchasor near thirteen years after And his Lordship being informed that several Recognizances as well as this have in ancient times as well as lately have been inrolled though long after the time by Warrant from the Master of the Rolls for the time being without prejudice to all Purchasors between the time such Recognizance ought to be inrolled and the time of the actual inrolment thereof Yet notwithstanding his Lordship taking into consideration the evil and dangerous consequences that may happen and arise to the Subject by suffering Recognizances to be inrolled long after the time of acknowledgment thereof And withall considering that although there be no certain time appointed by Law for the inrolment of such Recognizances as are acknowledged according to the course of the Common Law yet all other Courts have appointed the inrolment of such Recognizances as be acknowledged there to be before the next continuance day or at the farthest before the end of the Term following Doth think the usual time of a year and a day heretofore allowed by this Court for such inrolment to be much too long And therefore in conformity to other Courts as near as may be but chiefly to