Pleadings.

THat no Councellor do put his hand to any Bill, Answer,1. Succinct­ness in Bills and Pleadings. 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 [Page 6] 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,2. What Pleas or Demurrers may be put in without personal attend­ance, or charge of Commis­sion. 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 [Page 8] shall pray a Commissi­on, and thereby return a De­murrer only, or only such Plea which shall be afterwards over­ruled, 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,3. No plead­ings to be of effect till filed. 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.

[Page 9]Every Demurrer shall ex­press the several Causes of De­murrer,4. Demur­rers and Pleas on the Mat­ter, or to the juris­diction. 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 [Page 10] 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.

5. Plea of Outlary.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 [Page 11] 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 [Page 12] 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.

6. Plea of a former suit depending.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 [Page 13] 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,7. Plea of a Suit de­pending in another Court. 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.

[Page 14]If the Demurrer be grounded only upon some Error,8. Demurrer upon a slip or mistake. 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 over­ruling a Demurrer.

If the Plaintiff, or his Attor­ney in Court,9. Demurrer being ad­mitted, the Bill to be dismissed of Course. 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 [Page 15] 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,10. Answer to matter of Fact. must regularly be with­out saying to his Remembrance, or as he Believeth, if it be laid to be done within seven years [Page 16] 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.

[Page 17]When the Defendent hath answered,11. Hearing on Bil and Answer with cau­tion. 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 [Page 18] 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,12. At hearing on Bil and Answer, what evi­dence. 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.

[Page 19]When as the Defendent hath put in an Answer,13. Plaintiff to reply, if the An­swer good to a com­mon in­tent. 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,14. Time to answer ex­ceptions. 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,15. Time for exceptions to be deli­vered, and costs for insuffici­ent an­swers. unless the Court shall find special cause to hasten it, and shall so order in open Court.

When a Plaintiff excepteth [Page 20] 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; [Page 21] 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,16. Further insuffici­ent An­swers▪ and the costs for them. 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 [Page 22] 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.

17. Proofs to be only of matters necessary.If upon perusal of the an­swer, the Plaintiff shall find it [Page 23] 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,18. Bill dis­missed for want of prosecuti­on, not to be retain­ed till the costs paid. or by order for want of prosecution, no motion shal be admitted for the retainer thereof without a [Page 24] 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.

19. Interroga­tories to be perti­nent.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 [Page 25] 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,20. Exami­ners duty. 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,21. To have care of their Clerks, and be an­swerable for them. of which the Court will expect a strict accompt.

The Examiners are to take [Page 26] 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 [Page 27] 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,22. Notice of a Witness to be exa­mined. 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 [Page 28] 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,23. Witnesses to be exa­mined to Inerroga­tories seri­atìm. 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: [Page 29] 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,24. Examiner to avoid imperti­nences. 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, [Page 30] as the Court shall award▪

25. Examina­tion to the credit of a Witness, and how.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.

26. Fee for ex­amining a Witness to be de­ducted.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 [Page 31] 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,27. No new Interroga­tories for the same Witness, nor exa­mination after Pub­lication. 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.

[Page 32] 28. Commis­sion ex parte, when.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.

29. Carriage of Com­missions to exa­mine.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 [Page 33] 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 [Page 34] restitution thereof to the Cli­ent and Suitor.

30. New Commis­sion, and how.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 [Page 35] 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,31. New Commis­sion through Defen­dents de­fault. 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.

[Page 36] 32. One rule on a joynt Commis­sion.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.

33. No Fees for the co­pies of the parties own In­terrogato­ries, save for wri­ting.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.

[Page 37]Depositions of Witnesses in several causes,34. Depositi­ons in cross 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,35. Depositi­ons 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,36. Depositi­ons to be suppressed, and how. for sup­pressing [Page 38] 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,37. Service of a Subpoena ad respon­dend. 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 [Page 40] 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.

38. Subpoena for better Answer and costs in one.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 [Page 41] 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,39. Subpoena duc. tec. to be sued out of course. 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 [Page 42] (and the case upon the Defendent his answer appear to be such) he shall be thereof dis­charged, and have his costs.

40. Service of a Subpoena ad audi­end. Iudi­cium.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.

41. Proces of contempt into the proper County.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 [Page 43] 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,42. Endea­vor to be used in serving it. and his wilfull default therein appearing to the Court, [Page 44] 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,43. To be dis­charged on pay­ment of the costs, or upon tender and refusal. 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,44. After Att. cum Procl. no Commis­sion, nor Plea, or Demur­rer. 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 ▪ 45. Commis­sion to Answer gives li­berty to plead and demurr also. 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, [Page 30] if he could have appeared in person.

46. In what case a second Commis­sion to answer.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.

[Page 31]In case where the Defendent sits all Proces of contempt,47. Sequestra­tion upon non invent ▪ or rescue 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.

48. Commis­sion to answer to coniain an Injuncti­on.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 [Page 49] 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,49. Grounds for Injun­ctions to stay suits. 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 [Page 50] plainly appearing, or the duty demanded appearing to be very ancient.

Where a Bill comes in after a Verdict a Law for a debt,50. Injuncti­on on Bils after Ver­dict. 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.

[Page 51]For avoiding multiplicity of references heretofore used,51. Injuncti­ons on the matter without reference. 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 [Page 52] 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.

52. Injuncti­on on mis­informati­on.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 [Page 53] 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.53. Injuncti­ons to be dissolved without motion, and in what cases.

For avoiding the many mo­tions heretofore frequently made touching dissolving and [Page 54] 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,54. Injuncti­ons to qui­et possessi­on. 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 [Page 55] 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,55. Not to hinder suits, lease, entry, or distress. or from making any lease, or peaceable entry, or single di­stress for that end.56. Not ex­tend to take away a possessi­on.

No possession shall be taken [Page 56] 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.

57. Injuncti­ons for Timber, Plough­ing &c. 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 [Page 57] 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,58. Causes to be set down ac­cording to Priori­ty of Pub­lication. 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 [Page 58] same Term in which Publica­tion shall pass.

59. Default at hearing.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 [Page 59] 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,60. Reasons to be expres­sed 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 [Page 60] also pay the Plaintiff his full costs expended in the suit.

61. Costs to be given on hea­ring.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,62. Contem­ner to pay the costs double. 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 [Page 61] taxed, for the prosecution of the said contempt.

Where Causes are removed by special Certiorari upon a Bill containing matter of equi­ty;63. Certiora­ri Bill. 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.

64. Who is bound, and who not.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.

65. To be drawn briefly.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.

[Page 63]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,66. Not to be altered but by Bill of review. 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,67. Save in mistakes 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,68. When to be enrol­led. signed and enrolled before the first day after the next Michaelmas or Easter Term after the same shall be so pro­nounced respectively, and not [Page 64] at any time after, without spe­cial leave of the Court.

69. An entry to be made of the Lands, &c.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 [Page 65] 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,70. Clerks to take care it be done. 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.71. Prosecuti­on of a Decree for lands.

In case of a Decree for Lands [Page 66] 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.

72. Contem­ners when to be dis­charged.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 [Page 67] 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,73. When re­strained. 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,74. Decree for money out of 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 [Page 68] to the Defendent out of the same Lands may be granted.

75. Dismissi­on on hea­rings.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,76. Grounds of Bils of Review. 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 [Page 70] matter discovered, as aforesaid, a Bill of Review may be exhi­bited by leave of the Court, and not otherwise.

77. Not ad­mitted▪ till obedience, except in particular cases.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.

[Page 71]No Bill of Review shall be allowed,78. And upon Security. 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.

79. Appear­ance on 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 [Page 73] 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,80. Departure without being ex­amined. the party appearing shall depart before he be exa­mined (without leave of the [Page 74] 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.

[Page 75]In case of prosecution of a contempt for breach of an Or­der of the Court,81. Interroga­tories not to exceed the Affida­vit. 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,82. Commis­sion to prove it of course. 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 [Page 76] 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.

83. In what cases a Com shall be to exa­mine con­temners.Where a contempt is prose­cuted against one, who by rea­son of age, sickness, or other [Page 77] 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.

[Page 78]Upon every examination or proof of a contempt referred to any of the Masters of the Court,84. Master to tax costs of course. 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,85. On misde­meanour on service. 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 [Page 79] 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,86. For scan­dalous and contemp­tuous words a­gainst the Court. 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 [Page 80] 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,87. Orders to be entered in eight dayes. 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,88. Reports not to be special without Order. 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 suc­cinctly89. Nor Pro­lix. as may be (preserving the matter clearly for the judg­ment of the Court) and with­out [Page 82] 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,90. To be up­on the whole an­swer. 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, [Page 83] 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,91. Oaths re­verendly to be ad­ministred and taken. 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 [Page 84] 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.

92. Reports positive.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 [Page 85] 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,93. Appeals from them 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 [Page 86] 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.

94. No injun­ction to be granted on Petition.NO Injunction for stay of Suit at Law shall be gran­ted, revived, dissolved, or staid [Page 87] 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,95. Nor Se­questrati­on, Dis­mission, Retainer, nor final Order. Retainers upon dismissions or final Orders, are to be grant­ed upon Petition.

No former Order made in Court is to be altered,96. Nor Or­der alter­ed, or ex­plained, nor com­mitment discharge­ed. 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.

[Page 88] 97. No Com­missions to exa­mine wit­nesses to be award­ed, or dis­charged, nor exa­minations suppressed by Petiti­on.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,98. Not to pay Fees. 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 [Page 89] 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,99. Not to contract for the be­nefit of the Suit. 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 [Page 90] the Court, and never a­gain Retained.

100. Councel and Attor­ney assign­ed to do their duty.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,101. Motions for them to be first made. 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 [Page 91] 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, 102. Proces of Contempt for them to be first signed by the six Clerk. 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,103. That all Masters of the Court [Page 92] 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.