Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer.

About this Item

Title
Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer.
Author
England and Wales. Court of Chancery.
Publication
London :: Printed by the assigns of Rich. and Edw. Atkins, Esquires, for J. Walthoe, and are to be sold at his shop ...,
1698.
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Subject terms
Equity pleading and procedure -- England.
Court rules -- England.
Cite this Item
"Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A53418.0001.001. University of Michigan Library Digital Collections. Accessed May 6, 2024.

Pages

Lunae 26 die Novembris Anno 1649.

Concerning Injunctions.

Ordo Curiae.

WHereas heretofore the course of the High Court of Chancery hath been, when the Defendant or De∣fndants pray a Dedimus Potestatem, to answer in the Country upon motion made by the Plaintiff, the Court did

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grant an Injunction to stay Suits at Law, which motion many times was hard to be obtained, and chargeable to the Client; this Court for a remedy of the said inconveniency, and for the ease of the Client doth order and de∣clare, that for the future whensoever the Defendant or Defendants shall pray a Dedimus Potestatem to take their Answer, Plea, or Demurrer in the Country that the Plaintiff, Six Clerk, or such his under Clerk as he shall ap∣point, shall without motion made to the Court, prepare and draw a Docquet and Writ of Injunction of course, unto which Docquet it is ordered by the Court that the Six Clerks that are At∣tornies in the Cause, or their respe∣ctive Deputies, shall subscribe their Names, and in which Writ the Cause of granting the said Injunction is to be exprest in the usual form; which Doc∣quet and Writ being so prepared shall be presented to be Signed as formerly. And this Court doth further order, that this Order shall be observed for a con∣stant Rule in this Court by the Six Clerks, and their under Clerks, that the Client may have the benefit there∣of; and if any Injunction in such case do issue forth in any other manner than

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as before is exprest, it shall be void and of no effect.

  • B. Whitlock C. S.
  • R. Keble C. S.
  • Jo. Lisle C. S.
  • W. Lenthall C. S.

Notes

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