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.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
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

Paupers.

AFter an Admittance in Forma Pauperis, no Fee, Profit or Re∣ward shall be taken of such Party ad∣mitted by any Counsellor or Attorney, for the dispatch of the Paupers Business, during the time it shall depend in Court, and he continued in Forma Pauperis,

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nor any Contract nor Agreement be made for any Recompence or Reward afterwards. And if any person offend∣ing herein shall be discovered unto the Court, he shall undergo the displeasure of the Court, and such farther punish∣ment as the Court shall think fit to in∣flict upon him; and the Party admitted, who shall give any such Fees or Re∣ward, or make any such Contract or Agreement, shall be from thenceforth dispaupered, and not be afterwards ad∣mitted again in that Suit to prosecute in Forma Pauperis.

If it shall be made appear to the Court, That any person prosecuting in Forma Pauperis, hath sold or contract∣ed for the benefit of the Suit, or any part thereof, while the same depends, such Cause shall be from henceforth to∣tally dismissed the Court, and never again retained.

Such Counsel or Attorney as shall be assigned by the Court, to assist the per∣son in Forma Pauperis, either to prose∣cute or defend, may not refuse so to do, unless they satisfie the Lord Chancellor of England, or Lord Keeper, or Master of the Rolls, who granted the Admit∣tance, with some good reason of their forbearance.

That the Counsellor who shall move

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any thing to the Court 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 be∣fore any other Motion. And if the Regi∣ster shall find that such person was not admitted in Forma Pauperis, he shall not draw up any Order upon the second Mo∣tion, made by any such Counsel, but he shall lose the fruit of such second Moti∣on, in respect of his abuse to the Court.

No Process of Contempt shall be made forth, and sent to the Great Seal, at the Suit of any person prosecuting as Plain∣tiff in Forma Pauperis, until it be sign∣ed by the Six Clerk, who deals for him, and the Six Clerks are to take care that such Process be not taken out needlesly, or for vexation, but upon just or good grounds, as they will answer it to the Court, if the contrary shall appear.

And lastly, It is Ordered, That all Masters of the Court of Chancery, Counsellors, and all Officers, Ministers, Clerks and Solicitors in the said Court, do observe these Orders, which are to continue, until upon farther considera∣tion and experience, any alterations shall be fit to be made therein.

...Clarendon.
...Har. Grimston.

Notes

No Fee to be taken during the Paupers bu∣siness depend∣ing in Court, and the Penal∣ty.

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Causes of being dispauper'd and dismissed.

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The Counsel who moves for a Pauper ought to have the Or∣der of admit∣tance with him.

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No Process of Contempt to be made at the Suit of a Pau∣per till it be signed by the Six Clerk.

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