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.

Commissions.

WHen a Commission is awarded to examine Witnesses, if by de∣fault of him that hath the carriage of the Commission, or by his Commissio∣ners nothing is done, he shall bear all the Charges* 1.1 that the other side was put unto about that Commission, either for Fees of Court, bringing or entertain∣ing Commissioners or Witnesses, or otherwise, to be ascertained by the Oath of the Party, or of him that disbursed the Mony for him, and shall renew the Commission at his own Charges.

When a Commission is awarded to examin Witnesses, and the one side pro∣duceth and examineth all his Witnesses, and the other side doth not, but prays a new Commission; if it be granted he shall bear all the Charges* 1.2 of the renew∣ed Commission, both in Court and in the Country, as well for the Charge and Entertainment of his own Com∣missioners, as of the Commissioners on the other side, and the other side shall be permitted to cross-examin the Wit∣nesses produced by him that reneweth the Commission; but if he will examin any other Witnesses of his own, then he shall bear his own part of the

Charge; the Charges herein mentioned to be ascertained by the Oath of the Party, or of him that disbursed the Mony for him.

He at whose instance a Commission to examin Witnesses after a former Commission executed and returned,* 1.3 is once renewed, and he by whose default, or by default of his Commissioners, a for∣mer Commission was not executed, and thereupon it is renewed, shall at his pe∣ril examin all his Witnesses by that re∣newed Commission, or examin them in Court by the end of the Term, where∣in that renewed Commission is returna∣ble without any more or farther delay.

That no Commission ad examinan∣dum Testes be executed in London, or within ten miles thereof,* 1.4 without spe∣cial Order first obtained upon Affidavit made of the Parties Inability to travel, 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Depositions taken by Commission in London, or within ten miles thereof, without special Order as aforesaid, shall stand superseded and suppressed ipso fa∣cto, and not allowed to be read as Evi∣dence at the hearing of the Cause. And the Parties who shall cause the same to be executed, shall suffer such punish∣ment for their Contempt and Irregula∣rity, as the Court shall think fit.

Notes

• * 1.1

  ••e who hath the carrying of the Commissi∣on (if nothing be done in it) shall bear all the Charges.
• * 1.2

  If the other side examines no Witnesses, but prays a new Commission, he shall bear all Charges.
• * 1.3

  Upon a renew∣ed Commission all the Witnes∣ses are to be ex∣amined.
• * 1.4

  No Commission ad examinand' in London, or within 10 miles.