Reformatio Legum proposita.
The Heads of certain Proposals agreed upon to be presented to the Parliament at the generall Meeting of Attorneys in Staple-Inne Hall upon Friday the fifteenth day of February 1649.
With the Heads of certain other Proposals to beconsulted upon at the next generall Meeting there to be held upon Friday the 24 of May 1650, at one aclock in the afternoon; Where all Attorneys and Officers that wish well to the Reformation of the Proceedings at Law, are desired to attend to put an end to that work; Whereby it is hoped that the Clyent will bee much secured, the Creditor and Purchaser fully provided for, the charge of Suits greatly abated, and the Processe of Law much shortned, which is earnestly desired by the Proposers, the Attorneys of the Court of Common Pleas.
THat Fines upon all Originall Writs might be taken away, for the Reasons in the sayd Proposall.
2 That the Plaintiffe may proceed to judgement against the Defendant, if he shall not appear and plead upon two Summons returned executed by the Sheriffe: or else that the party at his own election may take out a Capias, and if that bee returned non est invent. [...]hen an Exigent as after Iudgment, and Tryals or nisi prius may be had and sued forth upon the venire as formerly upon the habeas corpora, in such form and for such Reasons as in the second Proposall is set down.
3 That the Processe in Replevin should be shortned, and a Nonsute therein made peremptory in such form as is proposed.
4 That Ejectments may bee brought against the Tenants in possession, and that upon the Tryall the Entry, Lease, and Ouster may be admitted in all cases, and the Title only insisted upon; and that the possession by the execution thereof may bee setled wiithout the help of the Chancery.
5 That the Common Bar, New Assignment, and Recitall of the Originall Writ may be taken away, and the place assigned in the Court.
6 That for the Reasons in this Proposall, there should be but one post terminum payd for the fyling of any Writ, and that the Plaintiffe may sue forth and syle Originall Writs to warrant Iudgments at any time before the same assigned for error.
7 That the want of a Warrant of Attorney may be no cause to reverse any judgment.
8 That for the Reasons in this Proposall Six able Secondaries may be joyned to the Prothonotaries, to dispatch the Businesse of the Office, and share Fees with the Prothonotaries.
9 That Dammage-clear may be taken away, being a full tenth part of such Dammage that the plaintiffe recovers, and for which he hath no costs allowed him, nor receiveth any benefit.
10 That for the Security of Creditors and Purchasers, one generall Office of Enrolment may bee instituted in or near London, and particular Offices in each County established, and that no Estate, Judgement, &c. should be good against Creditors and Purchasers, but from the time of Enrolment only, that Tenant in tayl should be impowered to sell, and the Statute de Donis conditionalibus repealed.
11 That the benefit of Seizures upon Outlawries should be first to satisfy the plaintiffe, and after to the benefit of the Commonwealth.
12 That Writs of Error shall be returnable at 8 dayes, if so many in Term, but if not so many, then the first Return of the ensuing Term, and to assigne Errors within foure dayes without seiri facias, and no supersedeas but upon depositing the Debt and Dammage recovered, or good Bayle, and if brought for delay and the matter not difficult, and abide argument, then to pay treble costs.
These ensuing, among others, are intended to be proposed at the next Meeting.
THat Actions of Debt and Detinue, as the case requires, may be brought for Legacies at Common-law, and the same to bee recovered with costs and dammages.
2 That the Heire may be subject to the Debt of his Ancestor to the value of the land descending, aswell after as before alienation.
3 That where Debtors that have visible Estates to pay their debts, shall continue above a year in execution, and not dispose the same for the payment of their debts, a Writ in the nature of a fieri facias may bee issued to the Sheriffe whereby he shall bee impowered to sell the Debtors Lands for the satisfying the debt and dammage, and the prisoner upon the plaintiffes satisfaction thereby to be discharged.
4 That in all cases where Executors or Administrators shall suffer judgment by nihil dicit non sum informatus or confession, assets shall be presumed, and execurion issue immediatly against their own persons and estates, and that upon all Tryals of plene administravit, they shall deliver in Inventories upon their own Oaths, otherwise assets [...]o be presumed.
5 That an action of Trespasse or Detinue may lie at Common Law for Tythes as well before as after setting forth, and dammages and costs therein to be reovered.
6 That every Attorney that shall disburse any more then the charges that shall happen in one Terme and Vacation for his Client, shall not only be in the condicion of an unlawfull maintayner of Suits, but also have no remedy to recover the same at Law.
7 That tender of amends with costs may be a good plea in Barre in all actions of Trespasse and Replevin, as well after impounding or action brought as before, so it be done before pleading.
8 That where the husband dies seised, the wife may continue in possession in common with the Heire till hee assigne her Dowre to the full third part.
9 That solvit ad diem or nil debet may be a good plea to a Bill or other simple Obligation to which there is no condition annexed.