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A33867 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. 1652 (1652) Wing C5196; ESTC R1289 24,790 100

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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