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 cloisters, 1698.   

ORDERS and RULES 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 fit 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 judgement, 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 of Bills.  
EVery Bill upon a Subpoena returnable immediate, is to be filled before the said issuing of the said Writ, and upon a Subpoena returnable on a day certain, the Bill to be filled within two days after the day of the return; and all others on common Retorns, to be filled within four days after the last day of such return. If the Defendants do appear according to the respective Retorns of the Writs: And if the Bill be not Exhibited accordingly, then the Defendant to be dismissed with four Nobles Costs.   

III. The day to be set down of the filing of every Bill, Plea, Demurrer, Exception, Replication, and Rejoinder.  
THe day of Exhibiting of every Bill, and the putting in of all Pleas, Demurrers, Exceptions, Replications and Rejoinders, to be set upon the same, and to be then signed by the Attorney that is towards the same; and likewise the day of every Defendants appearance entred in the Book of Appearances, and no Bill to be accepted till the same be signed by the Attorney for the Plaintiff, and allowed by one of the Barons, except at the svit of His Majesty's Attorney General.   

IV. Times of Appearances upon Subpoena's.  
IF the Defendant do not appear on the next day after service of Process returnable Immediate, or on the second day, on Process returnable on a day certain, or on the fourth day of every Common return; then upon Oath of due Service an Attachment is to be awarded; and all Affidavits to be made in London or Middlesex, and before any of the Barons, be written in Exchequer hand in Parchment.   

V. Touching Contempts.  
THat after an Attachment is returned for a Contempt by English Bill, the next Process shall be an Attachment with Proclamation, and upon the return thereof, a Commission of Rebellion, and upon return thereof such other Proceedings as the Court upon Motion shall direct; and that the Costs be paid by each Defendant name in every of the said Processes, that is to say, every person in an Attachment to pay ten shillings, 
Attachment 10 s.  every person in every Proclamation to pay twenty shillings, 
Proclamation 20 s.  every person in every Commission of Rebellion to pay two pounds thirteen shillings and four pence, 
Commission of Rebellion 2 l. 13 s. 4 d.  and all Costs to be paid either by the Plaintiff or Defendant, or their respective attorneys in Court, before any further proceedings be had on their behalf respectively; and that there be in all Process of Contempt in London and Middlesex, and within fifteen Miles thereof, 
6 days.  six days; and in all other Counties within sixty miles of London, 
10 days.  ten days; and for all other Counties, 
15 days.  fifteen days between the Teste and return of each Process, unless the Court shall order Process returnable immediate: And in any Case where the Sheriff shall return a Cepi Corpus upon Process of Contempt, after a Rule of four days given to bring in the Body, and the Body not brought in, then upon a Motion, a Messenger to go and bring in such Defendant. 
A Messenger.    

VI. ANSWERS. Time for Defendants to put in their Answers.  
EVery Defendant shall put in his Answer within eight days after his Appearance, and the Bill filled as aforesaid, if the Bill shall be filled in the Term, or within two days after, in case he doth not desire a Commission to Answer, which is to be entred under his Appearance; and to be returnable the beginning of the following Term, and no Defendant living within fifteen miles of London, 
15 Miles no Commission.  to have a Commission but by special Order of the Court; and all Defendants living within fifty miles of London, appearing upon a Process returnable the first return of Easter or Michaelmas Terms, 
Defendants to answer the same Term of the first return.  and desiring a Commission to answer, are to return such Commission by the end of the same Term; and every Defendant taking or craving a Commission to answer, is to Rejoin gratis, 
Rejoin gratis.  and join in Commission to examine Witnesses, or else the Plaintiff to have a Commission ex parte within a Week after the end of the Term; and in default of putting in his Answer as aforesaid, an Attachment is to be awarded against him: 
Attachment three weeks before Term.  And where a Commission is prayed, but not taken out within three Weeks of the beginning of the next ensuing Term( except Trinity Term) in such case Process of Contempt to issue returnable the first day of the said next Term.   

VII. Touching Answers: No Demurrer if in Contempt.  
EVery Defendant who shall not answer according to the Rule of the Court, but desires a Commission to take his Answer, on taking forth such a Commission, shall not put in a Demurrer or Dilatory Plea, but may put in an Answer or Plea in bar, unless otherwise ordered by Motion in Court.   

VIII. Payment of Costs upon Contempts for want of Appearances or Answers.  
EVery Defendant that is in Contempt, shall pay his Costs to the Plaintiff, or his Attorney in Court before his Appearance or Answer be accepted; and no Defendant in Contempt shall put in a Demurrer or Dilatory Plea.   

IX. Times of setting down Demurrers, Pleas, &c.  
WHere the Defendant shall put in a Plea or Demurrer, the same is to be set down by the Defendant by the Saturday seven-night following, or else the Plea and Demurrer is to stand over-ruled: And in case the Plea and Demurrer do stand over-ruled as aforesaid, or be over ruled at the hearing, the Defendant is forthwith to pay to the Plaintiff, 
Plea over ruled 40 s.  or his Attorney in Court, forty shillings Costs, and after his Answer to rejoin gratis, and join in Commission as aforesaid: And in case the Plea or Demurrer be ordered to stand good, the Plaintiff to pay to the Defendant, or his Attorney in Court, thirty shillings Costs; 
Good, 30 s.  and if the Demurrer be to the whole Bill, 
If the whole Bill, the Defendant dismissed. If put in Answer two days, &c.  and be admitted by the Plaintiff; or allowed by the the Court, the Defendant to stand dismissed with Costs: And if the Defendant will put in his Answer two days before the day appointed for the hearing of the said Plea and Demurrer, or sooner, and give notice thereof to the Plaintiffs Attorney, he is to pay to the Plaintiff twenty shillings Costs.   

X. Pleas of Outlawry.  
UPon a plea of Outlawry, in case the same be admitted by the Plaintiff, or adjudged good, and the Outlawry after Reversed, then the Plaintiff having paid the Costs on the Plea, 
New Subpoena.  may take forth a new Subpoena against the Defendant to answer the said Bill.   

XI. Admitting of Pleas and Demurrers to be good.  
IF the Plaintiff, or his Attorney in Court shall two days before a Plea is appointed to be heard, or sooner, give notice to the Defendant, or his Attorney in Court, that he will reply to the same, 
If reply within a week, or Defendant dismissed, 30 s.  the said Plaintiff shall then reply thereto within a Week without Costs, or in default thereof, the Defendant to be dismissed with thirty shillings Costs; and if the Plaintiff or his Attorney shall two days before a Plea or Demurrer is set down to he heard, or sooner, give notice to the Defendant, or his Attorney in Court, that he doth admit the Plea or Demurrer to be good, and shall pay to the Defendant, or his Attorney in Court, twenty shillings Costs, then the Defendant shall not need to attend his Plea or Demurrer.   

XII. If Demurrer on Mistake.  
IF the Demurrer be grounded upon some Error, Slip, or Mistake in the Bill, the Plaintiff shall be permitted of course to amend the same, paying to the Defendant, or his Attorney in Court, twenty shillings Costs: 
20 s. Costs.  But if the Plaintiff shall not within four days, after such Demurrer, put in, amend, or alter it, and pay the Costs, then the Demurrer shall be determined in Court. 
Or determined in Court.    

XIII. Pleas of Dependences of a former svit.  
IF the Defendant shall pled the dependency of a former svit for the same matter complained of in the Bill, and the Plaintiff shall admit of the said Plea, that then the Plaintiff shall forthwith pay to the Defendant, or his Attorney in Court, 
40 s. Costs.  forty shillings Costs: And if the Plaintiff shall not two days before the same is set down to be heard, or sooner, admit the said Plea, and pay forty shillings Costs; then the same is to be heard in Court: And if upon hearing it shall be adjudged a good Plea, then the Plaintiff to pay three pounds Costs. 
3 l. If heard.    

XIV. Exceptions.  
EVery Plaintiff that shall take Exceptions to the Defendants Answer, shall put in his Exceptions to the same within four days within the Term next after the coming in of the Answer, and set down the same to be heard on the Saturday seven-night following: 
To be heard.  in case the Defendant will put in his Answer before the time appointed for the hearing of the same Exceptions, he is to put in the same two days, or sooner, before the time for the hearing thereof, and he is to pay but twenty Shillings Costs; 
If answer, 20 s.  and if upon hearing the Exceptions, the Defendant be ruled to Answer, the Defendant shall forthwith pay to the Plaintiff, or his Attoney in Court, 
If heard, 3 l.  three pounds Costs, and shall put in his Answer within eight days, 
Answer in 8 days.  unless he desire a Commission to answer; in both which Cases he is to Rejoin gratis, and join in Commission as aforesaid. And if the Defendants Answer shall be adjudged good, the Plaintiff shall forthwith pay to the Defendant, or his Attorney in Court, 
Answer good, 40 s.  forty shillings Costs. And all Answers coming in after the setting down of Causes, are to be taken as Answers of the succeeding Term.   

XV. Second Insufficient Answer.  
THat every Defendant putting in a Second Insufficient Answer, 
Double Costs.  shall pay double Costs, as if the first Answer had upon hearing been adjudged insufficient. Every Defendant putting in a third Insufficient Answer, 
Third, triple Costs.  shall in like manner pay triple Costs: And every Defendant putting in a fourth Insufficient Answer, 
Fourth, as Court shall order.  shall pay such further Costs, as the Court shall think fit, to the Plaintiff, or his Attorney in Court, and shall stand committed to the Fleet, and be examined upon Interrogatories.   

XVI. Proceedings upon Process of Contempt upon Insufficient Answers.  
EVery person in Contempt, for not appearing, and that shall after clear his Contempts and appear, but shall incur any other Contempts for not answering according to the Rules, shall pay the like Costs, and have the Process of Contempt continued against him till there shall be a sufficient Answer put in, as if he had not appeared: And the like Rule where persons are in Contempt for not Answering until they have fully answered; but upon clearing his Contempt, he is to have an allowance of what Costs he paid upon the former Contempt.   

XVII. Plaintiffs dismission of the Bill before Replication.  
IF a Plaintiff will dimiss his own Bill before he Reply, he shall pay forty shillings Costs, unless the Court shall think fit upon Motion to increase the same.   

XVIII. Proceedings on the bringing to the Bar for want of Appearance or Answers.  
IF a Defendant be brought to the bar by Habeas Corpus for not appearing, his Appearance shall be then Recorded, and he forthwith charged with the Bill the first time, and stand committed; and if afterwards he do not answer according to the course of the Court, being brought twice more to the bar by Habeas Corpus, or by Rule of Court, and charged with the Bill each time, the Bill shall be taken pro Confesso against him. 
Pro Confesso.    

XIX. Hearing Causes upon Bill and Answer.  
IF the Plaintiff shall set down his Cause to be heard upon Bill and Answer, and serve the Defendant to hear judgement; and if upon hearing the Court doth not think fit to make any Decree upon Bill and Answer, and shall permit the Plaintiff to reply, 
Plaintiff permitted to reply.  he shall forthwith pay to the Defendant, or his Attorney in Court, 
5 l. Costs.  five pounds Costs for his unjust vexation, 
Reply in eight days.  and Reply within eight days, or else the Defendant to stand dismissed with the said five pounds Costs; and if he doth Reply, the Defendant is to overdo gratis, and join in Commission, which Commission shall be taken forth to be executed the next Vacation, except in the Vacation after Easter Term.   

XX. Commissions for want of Replication, or for not proceeding after Replication.  
IF the Plaintiff doth not Reply to the Defendants Answer some time the next Term, after the Answer is put in, the Defendant may the Term following give a Rule to be dismissed within a Week; and if the Plaintiff shall not within that time Reply to the Defendants Answer, the Defendant shall be dismissed with five Marks Costs; but if the Defendant doth give a Rule to be dismissed for want of a Replication, at the coming in of such Replication the Defendant is to overdo gratis, 
To overdo gratis.  and join in Commission; and if the Plaintiff doth doth not the same Term, or the Term following take forth a Commission to examine Witnesses, the Defendant may either take forth a Commission, 
If don't take Commission, Defendant dismissed with 5 l. Costs.  ex parte, or else be dismissed with five pounds Costs: And in Cases where the Defendant shall give a Rule, either for not Replying to the Defendants Answer, or for not Proceeding after Replication, if there be not a Week in Term, 
Time for Rule. Setting down Causes.  the Plaintiff to have a day to show Cause till the setting down of Causes.   

XXI. Examination of Witnesses.  
IF the Defendant being served with a Subpoena to overdo, or appearing Gratis, to overdo 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 across 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 return 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 berenewed, 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 thereof; and no more Commissions to issue, 
No more Commissions, except for Witnesses beyond Sea, or order of Court.  except it be for the examination of Witnesses beyond the Seas, or by further order of Court: And that no Witnesses shall be examined at the hearing of any Cause viva voice, 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 travail, 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 red in Evidence at the hearing of the Cause; 
No Interrogatories added without leave of the Court.  and after Interrogatories are exhibited of either side, neither Party shall add to, or alter the same, without leave of the Court.   

XXV. Publication.  
PUblication to pass within one Week after every Commission returned, 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 in Term, 
A Week.  day shall be given to show Cause to the contrary at the setting down of Causes. 
Or setting down of Causes.    

XXVI. Use of Depositions of Witnesses.  
DEpositions of Witnesses in several Causes, which are merely across 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 Michaelmas 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 filled in Trinity or hilary 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's to hear judgement.  
SUbpaena's to hear judgement shall be served in London, or within sixty miles of the City of London, 
London, 10 days.  ten days before the day of hearing of the said Cause; and in more remote places, 
Remote 14 days.  fourteen days be foresuch 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 judgement, and make Default, and hath day given him to show 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; 
●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 judgement 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 red 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 as with conveniency they can be, 
Short.  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, 
Pay Costs, and enter into a recognisance.  or due in the former Cause, and enter into a recognisance 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 for his neglect therein. 
No Contempts.    

XXXIV. Proceedings upon Bills to Examine Witnesses in perpetuam reimemoriam.  
WHere a Bill shall be exhibited to examine Witnesses in perpetuam rei● memoriam, and the Defendant being served with Process, doth not appear, but stands in Contempt, the Plaintiff may then upon Motion have a Commission to examine his Witnesses de been esse; and where the Defendant shall have appeared, he may join in Commission, if he think fit, and Cross-Examine the Plaintiffs Witnesses, 
Defendant across examined.  he striking Commissioners Names within four days after the making of the Order for such Commission: And after the Defendant hath answered such Bill, 
Plaintiff to reply.  the Plaintiff is then to Reply, and re-examine such of his said Witnesses, formerly examined, as shall be then living; and upon the return of the same Commission, and the Depositions thereby taken, together with the Depositions of such of the Witnesses formerly examined, 
Depositions of dead and other,& ●.  as were before the Execution of such second Commission dead, are forthwith to be published.   

XXXV. Contempt in not performing Orders and Decrees.  
THat no Person shall be in Contempt for not performing any Order or Decree of the Court, until he shall be served therewith, by delivering a true Copy thereof, and showing the Decree or Order under the Seal of the Court unto such person, 
Under Seal personally, or an Oath.  and if the Party cannot be found to be personally served, upon Oath first made thereof, and an Order of Court thereupon, the Writ of Execution to be left at his House, 
Left at House, or Clerk in Court.  or place of his last abode, or a Copy thereof with his Clerk in Court, and that to be good Service to bring him in Contempt.   

XXXVI. Times for coming in of Reports, and for filing of Exceptions to Reports.  
WHere the Court upon hearing any Cause, shall refer any Matter of Account, or other Matter to be Reported to the Court, such Report shall be made, and delivered to the sworn Clerk concerned in the Cause, 
To come in 6. days.  six days before the time appointed for hearing of the Cause upon such Report, who is forthwith to give notice to the Clerk on the other side; and if the adverse Party will take Exceptions to the same, he shall put in such Exceptions two days at least before the hearing of the Cause. 
Exceptions 2 days.    

XXXVII. Not performing Decrees.  
WHere several things are to be performed by a Decree on the part of the Defendant, and the Defendant is brought in upon Contempt for not performing some part of that Decree, he is not to be enlarged until he shall perform that part of the Decree that is to be presently done, and give security by recognisance with Sureties, 
recognisance.  as the Court shall order, to perform the other part.   

XXXVIII. Examination of Persons in Contempt.  
WHere any person appeareth in Court, upon Process of Contempt, to be examined upon Interrogatories, he is to stand committed to the Fleet, 
Stand Committed. recognisance.  unless he aclowledge a recognisance of 100 l. or more( if the Case require it) to appear de die in diem, and not to depart without licence of the Court, 
Interogatories to be exhibited 4 days after appearance, or dismissed.  and then Interrogatories shall be exhibited for his Examination within four days after such his appearance; and in default thereof the party prosecuted shall be dismissed with Costs; upon which Examination, if the Defendant deny the Contempt, or the same doth not clearly appear, the Prosecutor may upon Motion Examine Witnesses for proof thereof upon notice given to the Defendant, 
A Commission on Motion.  or his Attorney in Court, or by commission, for which he may name a Commissioner, but is not to examine any Witnesses upon his part, unless he shall satisfy the Court upon some matter of Fact necessary to be proved for clearing the truth: In which case the Court, if there be Cause, will give leave to him to examine Witnesses to such particular Points, so directed by the Court; and the other side may Cross-Examine the said Witnesses.   

XXXIX. Touching the same.  
ANd when a Commission is taken out to prove a Contempt, the Party prosecuted shall have a day to appear upon his said recognisance till the return of the commission: And if the Commission be not returned within a Week, after the return thereof, the Party prosecuted shall be discharged of his Contempt with Costs, and his recognisance vacated.   

XL. Beating or Abusing the Persons serving the Process.  
WHere any Oath shall be made of misdemeanour of Beating or Abusing the Party upon serving the Process, or Order of the Court, the Party offending shall stand Committed upon Motion, 
No Examination.  and no Examination is in that Case to be admitted; and when an Affidavit shall be made by two Persons of Scandalous and Contemptuous Words against the Court, 
Two Persons, Contemptuous Words.  or the Process thereof, the Party offending shall likewise stand Committed upon Motion, without any further Examination; 
Single Affidavit.  and a single Affidavit in such Case shall be sufficient to ground an Attachment, whereupon such Person shall be brought to be examined; and if the misdemeanour shall be confessed, or proved against him, 
Stand Committed.  he shall stand Committed until he satisfy the Court touching his said misdemeanour, and pay the Prosecutor his Costs: But if he shall not thereof be found guity, save by the Oath of the Party that made the Affidavit, he shall be thereof discharged, yet without any Costs, in respect of the Oath made against him, as aforesaid.   

XLI. Injunctions.  
THat no Injunction be granted, or day given to show Cause why the same should not be granted, but upon Motion in open Court, satisfying the Court with such Matter as may induce the Court in Justice to grant the same, and where there are Exceptions put in to an Answer, the Plaintiff may move for an Injunction upon opening of a material Exception to the Court.   

XLII. Taxing of Costs.  
THat in all Cases where Costs are to be Taxed upon a Bill of Costs in the Office of His Majesty's Remembrancer, His Majesty's Remembrancer is to Tax the Costs, but shall not Tax the same without notice given to the Attorneys on both sides to attend him.   

XLIII. Bills of Review.  
IF a Defendant be served with Process upon a Bill of Revivor, and shall not Answer, or desire a Commission within eight days, 
Revived 8 days.  the former Proceedings shall stand revived upon Motion.   

XLIV. Serving of Sheriffs, or Under-Sheriffs with Orders.  
THat where a Sheriff, o● Under-Sheriff is ordered to perform any thing by the Order of the Court, serving o● the Sheriff, or Under-Sherif● with a true Copy of such Order under the Seal of the Court, 
Under Seal.  and Affidavit made thereof, and Warrant thereupon from one of the Barons, shall be a sufficient Service to bring the said Sheriff, or Under-Sheriff in Contempt if he do not perform the same.   

XLV. Sheriff to name Attorneys.  
THat all Sheriffs shall have and assign their able and sufficient Attorney and Deputy in this Court, the same Court setting, which shall attend this Court from time to time, to receive and return the Writs and Commandments of the same, according to the Statute in that behalf provided; and that every Sheriff upon the entering into his recognisance, do declare and deliver unto one of the sworn Clerks in the Office of His Majesty's Remembrancer, the Name of such Attorney or Deputy, so by him assigned.   

XLVI. Rules to Sheriff to return Process.  
ANd where a Sheriff neglects to return any Process delivered to him, Rules may be given the last day of the Term for to return such Writs by the Sealing-day, 
Sealing-day, or amecred 40 s.  or to be amerced 40 s.   

XLVII. Paupers.  
IF any Person shall petition to be admitted in Forma Pauperis, 
Certificate under Counsels Hand.  he shall bring a Certificate, under his Counsels hand upon his Petition, that he hath probable Cause of svit, and make usual Oath before he be admitted, 
Affidavit.  and such Counsel to be assigned for one.   

XLVIII. Notes of Informations.  
THat according to an Order of Court made the second day of July 1686. upon the making out of any Process upon any Information to be exhibited in the Office of His Majesty's Remembrancer in this Court for the seizure of any Goods, 
seizures.  there shall be a brief Note or Entry made by one of the sworn Clerks, in a Book to be prepared for that purpose, of the Name of the Party that seized the same, and of the Quality of the Goods seized, together with the day of the Month when the same is Exhibited; and that upon the making out of any Process upon personal Informations upon Penal Statutes, there shall be a brief Note or Entry made by one of the sworn Clerks, 
Personal Informations.  in the said Book, of the Names of the Plaintiffs and Defendants, together with the Day of the Month when the same is Exhibited, unto which Book such person as is, or shall be employed on behalf of His said Majesty for the recovering and getting in His said Majesty's Moiety, or part of such Forfeitures, may have recourse and free liberty to inspect and peruse the same. 
Majesty's Agent to inspect.    

XLIX. Records of Recoveries and Fines to be perfected.  
THat the Records of the Recovery of all Goods or merchandises seized for being prohibited or unaccustomed, and all Fines ranted for the same shall be perfected and finished by the first day of the next Term following the Term of such Recoveries had, or Fine ranted, to the end the same may be drawn down into the Pipe.   

L. Pleadings upon Personal Informations.  
EVery Defendant appearing upon an Information, or Quo Warranto, 
pled 4 days next Term.  except Informations of seizure, is to pled to the same within four days of the next Term after his appearance to the same, or in default thereof, judgement by Nihil Dicit to be entred: And where a Defendant being served with Process to appear to an Information, shall neglect to appear the same Term, and is taken upon Process of Contempt, returnable the following Term, 
Four days after appearance on Contempt.  he shall then pled within four days after his appearance.   

LI. Contempts, &c.  
THat after an Attachment is returned upon any Contempt upon an Information, the next Process shall be an Attachment with Proclamation, and upon the return thereof, a Commission of Rebellion, and then upon Motion, a sergeant at Arms, 
Same Costs at by Bill.  and the same Costs are to be paid upon Contempts on Informations, as is directed before upon prosecution of English Bills.   

LII. joining in Demurrer.  
WHen a Demurrer is filled, the Defendant shall join in Demurrer within six days, or else judgement by Nihil Dicit to be entred.   

LIII. Informations and other Matters of Law.  
WHen a Replication is filled, the Defendant shall overdo within four days, or else judgement by Nihil Dicit to be entred.   

LIV. Rules upon Retorns of Scire Facias.  
UPon Writs of Scire Facias returned the last day of the Term, and upon Inquisitions then returned, whereon Goods are seized, Rules may be given for the Defendants to appear upon such Writs of Scire Facias, and to claim the property of such Goods seized by the Sealing-day after each Term, and in default thereof, Proceedings to be had in each Case respectively, as where there are days in Term for giving such Rules.   

LV. Notice of Trials.  
NOtice of all Trials in London or Middlesex to be given six days before such Trials, and of Trials at assizes, notice to be given within six days after the the end of the Term.   

LVI. entering judgement after Trials.  
UPon the return of every Postea, judgement to be entred within four days upon a Rule given, if nothing be said to the contrary, upon Trials in London and Middlesex, and within the Term, judgement to be entred of the same Term; and upon Trials at the Bar, judgement to be entred within four days after such Trial, if there be so many days in Term; and if there be less than four days in Term, then judgement to be entred the last day of the Term.   

LVII. Irregularities in Pleadings.  
THat all differences touching Irregularities in Proceedings, or upon the Rules of the Court, shall be determined by His Majesty's Remembrancer, or his Deputy, upon hearing the Attorneys on both sides, who is to settle the same if he can, and give Costs where he shall find the fault, if not, the Court to determine the same.   

LVIII.  
THat His Majesty's Remembrancer or his Deputy, and the sworn Clerks in the Office, do diligently attend in Court, and do give an Account touching any Proceedings in Court, as they shall be required.    

Some Law Books, lately Printed for J. Walthoe at his Shop in the Middle Temple cloisters.  
1. NOw Reprinted, The Lord Cokes Reports in French, with References to all the Ancient and Modern Books of the Law.  
2. A View of the Penal Laws concerning Trade and traffic, wherein is Collected all the Statutes to the end of the last Session, 1697. 12 mo. 3 s.  
3. The Country Justice, concerning the practise of the Justices of the Peace, in their Sessions, and out of Sessions; gathered for the better help of such Justices of Peace, as have not been much Conversant in the Study of the Laws of this Realm, by Mich Dalton, Esq Folio, 14 s.  
4. Cases Argued and Decreed in the High Court of Chancery, from the 12th year of King Charles the Second, to the 31st. Folio, 12 s.  
5. An abridgement of all the Statutes of King William and Queen Mary, 8 vo. 4 s.  
6. The Method of Pleading by Rule and President: 1. In twelve several Branches of Abatement, and Judgments thereon. 2. In ten General Bars to the Action. 3. Special Bars in Case, ( viz.) Slander, Assumpsit, Disturbance, Misfeazance, Negligence, Trover, Deceit, nuisance, Rescue and Escape; with the Pleading of Uncore priest or Adhuc Paratus. 4. Bars in Covenant, with Averments, Protestations, Traverses and Pleas after the last Continuance; and also many Special Rules concerning the Bar, Replication, rejoinder, Surrejoynder, &c. With particular Cases, Notes and Arguments, relating to the Advantage and Method in Pleading. Useful for the Clerks and Attorneys of the Kings-Bench and Common-Pleas, 8vo. 5 s.  
7. Lex Custumaria, or A Treatise of Copyhold-Estates, in respect of the Lord and Copyholder, wherein the Nature of Customs in general, and of particular Customs, Grants and Surrenders, and their Constructions and Expositions in reference to the thing granted or surrendered, and the Uses or Limitations of Estates are clearly illustrated, together with the manner of Declaring and Pleading, either generally, or as to particular Customs, with Trial and Evidence of Custom, and of Special Verdicts, &c. 8vo. 5.  
8. trials per Pais: Or, The Law of England concerning Juries by Nisi Prius, &c. newly revived and much enlarged, with an Addition of Presidents and Forms of Challenges, Demurrers upon Evidence, Bills of Exception, Pleas Puis le Darrein Continuance, &c. The Third Edition corrected and ammended, to which is now added a farther Treatise of Evidence, &c. 8vo. 5 s.  
9. The practic Part of the Law; showing the Office of an Attorney, and a Guide for Solicitors in all the Courts of Westminster, with the true manner of their Proceedings in any Actions Real, Personal or mixed, from the Original to the Execution: Now newly set forth by the ablest Practisers of the several Courts, with an exact Table of the Principal Matters, 8vo. 5 s.  
10. The Law of Obligations and Conditions: wherein is contained the whole Learning of the Law concerning Bills, Bonds, Conditions, Statutes, recognisances and Defeazances; as also Declarations on Special Conditions, and the Pleadings thereon, Issues, Judgments and Executions, with many other useful Matters, digested under their proper Titles, &c. 8vo. 4 s. 6 d.  
11. Nomo Lexicon: a Law Dictionary, interpreting such difficult and obscure Words and Terms as are found either in our Common or Statute, Ancient or Modern Laws, with References to the several Statutes, Records, Registers, Law-Books, &c. wherein the Words are used. The Second Edition, with the Addition of above 600 Words, by Tho. Blunt of the Inner-Temple, Esq Folio, 10 s.  
12. The Pleading and Aeguments( upon the Quo Warranto against the Charter of London) of Mr. Finch and Sir Robert Sawyer, the King's Solicitor and Attorney General, and Sir George Treby, the Recorder of London, and now Lord Justice of the Common-Pleas, and the late Lord Chief Justice Pollixfen, for the said City; the whole Proceedings faithfully taken from the Records; wherein is comprised all the Learning of Corporations, whether forfeitable, how, and for what, &c. Folio. 6s.  
13. The Statutes at Large in Paragraphs and Sections, or Numbers, from Magna Charta to the end of the last Session of Parliament, May 3. 1695. in the seventh year of His Majesty King William III. in Two Volumes, 3 l.  
FINIS.