Reformatio Legum proposita. The Heads of certain Proposals agreed upon to be presented to the Parliament at the general 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 general 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 Proceed at Law, are desired to attend to put an end to that work; Whereby it is hoped that the Client will be much secured, the Creditor and Purchaser fully provided for, the charge of Suits greatly abated, and the Process of Law much shortened, which is earnestly desired by the Proposers, the Attorneys of the Court of Common Pleas. THat Fines upon all Original Writs might be taken away, for the Reasons in the said Proposal. 2 That the Plaintiff may proceed to judgement against the Defendant, if he shall not appear and pled upon two Summons returned executed by the Sheriff: or else that the party at his own election may take out a Capias, and if that be returned non est invent. ●hen an Exigent as after judgement, and Trials 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 Proposal is set down. 3 That the Process in Replevin should be shortened, and a Nonsute therein made peremptory in such form as is proposed. 4 That Ejectments may be brought against the Tenants in possession, and that upon the Trial 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 be settled wiithout the help of the Chancery. 5 That the Common Bar, New Assignment, and Recital of the Original Writ may be taken away, and the place assigned in the Court. 6 That for the Reasons in this Proposal, there should be but one post terminum paid for the fyling of any Writ, and that the Plaintiff may sue forth and syle Original Writs to warrant judgements 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 judgement. 8 That for the Reasons in this Proposal Six able Secondaries may be joined to the Prothonotaries, to dispatch the Business of the Office, and share Fees with the Prothonotaries. 9 That Dammage-clear may be taken away, being a full tenth part of such Damage that the plaintiff recovers, and for which he hath no costs allowed him, nor receiveth any benefit. 10 That for the Security of Creditors and Purchasers, one general Office of Enrolment may be instituted in or near London, and particular Offices in each County established, and that no Estate, Judgement, q should be good against Creditors and Purchasers, but from the time of Enrolment only, that Tenant in tail should be impowered to cell, and the Statute de Donis conditionalibus repealed. 11 That the benefit of Seizures upon Outlawries should be first to satisfy the plaintiff, and after to the benefit of the Commonwealth. 12 That Writs of Error shall be returnable at 8 days, if so many in Term, but if not so many, than the first Return of the ensuing Term, and to assign Errors within four days without seiri facias, and no supersedeas but upon depositing the Debt and Damage recovered, or good Bail, and if brought for delay and the matter not difficult, and abide argument, than to pay triple 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 be recovered with costs and damages. 2 That the Heir 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 continued 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 be issued to the Sheriff whereby he shall be impowered to cell the Debtors Lands for the satisfying the debt and damage, and the prisoner upon the plaintiffs satisfaction thereby to be discharged. 4 That in all cases where Executors or Administrators shall suffer judgement by nihil dicit non sum informatus or confession, assets shall be presumed, and execurion issue immediately against their own persons and estates, and that upon all Trials of plene administravit, they shall deliver in Inventories upon their own Oaths, otherwise assets ●o be presumed. 5 That an action of Trespass or Detinue may lie at Common Law for Tithes as well before as after setting forth, and damages and costs therein to be reovered. 6 That every Attorney that shall disburse any more than the charges that shall hap in one Term and Vacation for his Client, shall not only be in the condition of an unlawful maintainer of Suits, but also have no remedy to recover the same at Law. 7 That tender of amendss with costs may be a good plea in Bar in all actions of Trespass and Replevin, as well after impounding or action brought as before, so it be done before pleading. 8 That where the husband dies seized, the wife may continued in possession in common with the Heir till he assign her Dowry 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.