The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon.: Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained.

About this Item

Title
The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon.: Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained.
Author
J. B.
Publication
London :: Printed for Tho. Firby, and are to be sold at his shop near Grayes-Inne-Gate in Holborn,
[1657]
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Subject terms
Courts -- Officials and employees -- England
Criminal procedure -- England
Civil procedure -- England
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http://name.umdl.umich.edu/A76070.0001.001
Cite this Item
"The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon.: Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A76070.0001.001. University of Michigan Library Digital Collections. Accessed June 13, 2024.

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The FILACERS measne processe.

What the Filacers their Office is, and what are the processe they make out.

FIlacers make out all manner of measne processe upon Original Writs before appearance. But before we treat of the several sorts of their Writs, it will not be amisse to speak something of the word Filacer, & the acceptation thereof in the Law.

The Office of Filacer is derived from the French word filace, a Thread, Terms ley, on which we may very fitly paraphrase thus: That it is a Thread in∣deed, without which in the Common-Pleas, there can be no Web, or work made, for the dispencing and admini∣string

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of Right, and Justice to all: A line whose bounder is the appearance and imparlance of the parties litigant, and a rule that leadeth men so directly to their rights, that it will force the De∣fendants at last to appear and plead.

There are 14. Filacers in the Com∣mon-Pleas, which make out all pro∣cesse there upon Originals, and distresse infinite upon Summons retorned in personal Actions, and the Capias upon the retorn of nihil. And all Writs in view, in case where the view is prayed, And where the appearance is with them, they enter the imparlance and the general issues in Common Actions and Judgement by confession before issue joyned, and make out Writs of Execution upon them: And they make Writs of Supersedeas after a Capias awarded, when the Defendants appear in their Office, and this Officer is men∣tioned in the Statutes of 10. Hen. 6. c. 4. and 18. Hen. 6. cap. 9. I shall as briefly as I can treat of their Writs, and the

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proceedings thereupon, and first of a Capias ad respondendum.

Of a Capias ad respondendum, and of the proceeding thereon.

It is a Writ, which before Judge∣ment in Actions personal, as in Debt, Trespasse, or Detinue, issueth after the Sheriffe hath retorned a nihil habet in baliva, &c. upon the Original, or Sum∣mons, and which beareth Teste from the retorn of the Original, and between its Teste and retorn hath 15. dayes at least. And if thereupon you cannot take the Defendant, then you may have an alias Capias, bearing Teste from the retorn of the Capias, or a plures Capias bearing Teste from the retorn of the alias Capias, ever observing that there be 15. dayes between the Teste and re∣torn of every one of them. And if on neither of them you can take the person, you may proceed with your pluries Capias to the outlawry against him.

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For each of your Processe, you bring not into the Filacers by the day of the retorn, you are to pay 4d. as a Post diem for the filing thereof with the Custos Brevium. And for each of them you bring not in to be entred there upon the Rolle before the Essoin day of the succeeding Term, you are to pay a pen∣ny more as a Post Entry. And for each Writ that is not filed of the same Term it is retornable, you pay 20d. for the Post Terminum every Term the same is unfiled, which is due, and paid by the Filacers to the Custos Bre∣vium.

If you have sued out your Original in London, and the Defendants live else∣where, and you would have them more speedily arrested, then by way of out∣lawery upon the Sheriffs return of non est inventus, &c. on the Capias, you may have a Testatum in the County where they live to Arrest them there.

All Filacers are to enter their Writs upon Rolles of the same Term they are

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retornable, and the Writs after they are entred, are to be filed with the Custos Brevium.

The filacers do likewise take them out upon their remembrance, marked with the number Rolle to the end, thereby you may know where to finde your Writs entred.

Of a second Deliverance.

It lieth after a Replevine is brought where the Plantiffe maketh default, be∣ing non-suite before Declaration, or the like, or Judgement is given against him, then he that destrained the beasts, shall have them delivered to him again by this Writ. Terms ley Replevine. Stat. 13. E. 1. cap. 2. Dyer 41. cap. 4.

Of a Retorno habendo.

It lieth where a Plaint is removed out of the County Court, or Court Barron, by a pone, or recordare into the

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Common-Bench, and after the Plain∣tiffe in the replevine is non-suit before any Avowry be made, (notwithstand∣ing, this non-suit) the party that di∣strained, may have again the same di∣stresse by this Writ (which is onely to revive the first suite.) And the Defen∣dant in this case cannot have a Recapti∣on for a double distresse: And after this Writ had, and Trial thereupon, or that the Plaintiffe be again non-suit before Declaration, Return irreplevisable shall be awarded to the Avowant, & then he may make his Avowry to the intent to ground a Writ to enquire of damages, or he may hold the beasts as a distresse till he be satisfied: And if any Retorno habendo go forth before this Writ, this is a Supersedeas to it, & the Sheriff must not proceed upon it, F.N. B. 72. Dyer. 41.42, 280, 59. If the Sheriff upon the Retorno habendo, do return that the Cat∣tle were esloigned then a Capias in Wi∣thernam shall be awarded to take other Cattle, and if the Sheriffe retorn he

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hath no Cattel, then a Capias against the body.

Of a Capias in Withernam.

It is a Writ lying where he that de∣straineth, or the Owner of the Cattle after the distresse taken, doth esloign them, or carry them out of the Coun∣ty, or holdeth & keepeth them in some Castle, so that the Sheriffe cannot make a Replevine, or Retorno habendo (as oc∣casion is,) then the Sheriff by this Writ may take so much of the other goods, or Cattle of the party that hath done this, instead of them: And if they be in a Castle within his County, the Sheriff may take posse Comitatus, and break in∣to the Castle and make Replevine, 3. H. 7.1. Terms ley distr. F. N. B. 73 West. 1. cap. 17. Dyer 41.59. West. 1. c. 20. Brit. Chap. 17.

Note, that whatsoever the Sheriffe retorns upon the plures Replevine, it ought to be inserted and rehearsed in the Writ of Withernam: And if the

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Sheriff retorn that he hath commanded the Bayliffe of the Franchise, who hath given him no answer, or that the Bay∣liffe will not make deliverance, that then the Plaintiffe shall have a non omittas directed to the Sheriffe, com∣manding him to enter into the Fran∣chise; and make the return, and if the Sheriffe do it not, the Plaintiffe shall have an alias non omittas directed to the Sheriffe, and afterwards a plures non omittas, &c.

Of the non Omittas.

It is a Writ, and lieth where the Sheriffe returneth upon a Writ to him directed, that he hath sent to the Bay∣liffe of such a Franchise, which hath re∣turn of writs, & he hath not served the Writ, then the Plaintiff shall have this Writ directed to the Sheriffe, that he himself enter into the Franchise and execute the Writ, and the Sheriffe shall warn the Bayliffe, that he be before the

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Justices at that day contained in the writ: and if he come not & excuse him∣self, then all the Writs judicials which shall passe out of the Court, during the same Plea, shall be Writs de non omit∣tas, &c. and the Sheriffe shall make ex∣ecution of them, having that Plea, Terms ley. The Sheriffs return that he hath commanded the Bayliffe of the Li∣berty, &c. who gave him no answer, &c. or the other return that that the Bayliffe will make no deliverance, are no good returns, for by the Statute of Westminster, 1 Chap. 27. in the end of the same Statute appears, that the She∣riffe upon such a return made to him by the Bayliffe, ought presently to enter into the Franchise, or Liberty, & make deliverance of the thing taken.

Of a Partitione Facienda.

This Writ lieth, where two, or more men hold Lands, or Tenements toge∣ther joyntly, or in Common, and undi∣vided,

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which are divideable by Law, and some of them refuse to divide them, in this case the rest may enforce them to it by this Writ to the Sheriffe, who will thereupon by a Jury of the Bayly-wick divide it. Terms ley. Statute of 32. H. 8. cap. 10. and 32. H. 8. cap. 32. The Writs that are made out on this Writ after the Summons returned, are a Pone, and distresse infinite, but before you can have your distr. you must be sure to have your Pone returned by the Sheriffe, and to file it with the Filacer, which warrants the making out of the distringas, and upon that you may get an amearcement of five pounds, if the Defendant appear not, then you may have an alias distringas, doubling your issues, and so distresse infinite till he do appear.

Of a Warrantia Chartae.

This VVrit lieth for him that is enfeoffed with warranty, and is after∣wards

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impleaded in an Assize, or other Action, in which he cannot vouch, then he may have this Writ against the Feo∣for, or his Heir to compel them to warrant the Land unto him, Terms ley F. N. B. fol. 134. D. A man may bring this Writ of Warrantia Chartae, &c. in what County he will, if the deed bear not date at a certain place, or County, for then he ought to bring the VVrit where the deed bears date: This VVrit extendeth to the warranty of Lands, &c. of an estate of Free-hold, or inheri∣tance, and not to any Chattle real per∣sonal, or mixt, saving onely in case of a wardship granted with warranty. The processe whereby the vouchee is called, is a Summons ad warrantizandum, and whereupon if the Sheriffe return that the vouchee is sumoned, & he make de∣fault, then there is awarded a Magnum Cape ad valenciam, &c. when if he make default again, then judgement is given against the Tennant, and he to have over in value against the vouchee,

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but if the Sheriffe return, that he hath nothing, then after a Writ of alias, and plures, a Writ of sequitur sub periculo suo is awarded, &c. And the Deman∣dant shall not have judgement to reco∣ver in value, &c. because the vouchee was never warned. After the Sum∣mons comes a pone and then a distrin∣gas, and if the Defendant appear not an alias distringas, setting issues, &c. And so distresse in infinitum, till there be ap∣pearance given.

Of a Quare impedit.

It is a Writ judicial that lieth, where one hath recovered a presentment to the Bishop to command him to admit his Clerk that hath recovered, and if the suite were against the Bishop alone, then this Writ may be directed to the Bishop of the Diocesse, or the Metropo∣litane at the election of the party. And if in this case the Bishop refuse him, the party may have a quare not admisit, F.

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N.B. 38. or it is a Writ that lieth where a man hath an Advowson, and the Par∣son dieth, and another presenteth his Clerk, or disturbeth me to present, then he may have the said Writ.

The Writ is a Summons at the Plain∣tiffs suite, and after your proceeds are the same as in the Writ of Partition by pone and distringas, &c.

Of Wast.

VVaste is, where Tenant for Term of years, Tenant for life, or Tenant for Term of anothers life, Tenant in dower, or Tenant by the courtesie, or Guardian in Chivalery, doth make waste, or destruction upon the Land, (that is to say, pulleth down the house, or cutteth down Timber, or suffereth the house willingly to fall, or diggeth the ground, then he in the reversion shall have one Writ for the waste, and shall recover the place where the waste was done, & treble damages. Terms ley.

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The next processe after this Writ, is Pone, and upon the return thereof and filing it with the Filacer, he maketh out a distringas, and thereupon you may have an amerciament, in case the Defendant appear not. And then an alias, and a plures distringas, and fur∣ther amerciaments as I told you before in other actions.

Of Inquiry of Damages.

It is a Writ directed to the Sheriffe, whereby the Sheriffe by the Oath of Jurors is to enquire of the costs, which are the expences of the suite: And dam∣ages which contain the hinderance that the Plaintiff, or Demandant in a real, or personal action hath suffered by means of the wrong done unto him by the Defendant, or Tenant, Terms ley.

Of a Scire facias, upon a special Bail in the Filacers Office.

It is a VVrit that issueth out after Judgement had, and obtained by the

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Plaintiffe against the Defendant by a nihil dicit, non sum informatus, confes∣sion of the Action, Trial by nisi prius, or otherwise: And the Plaintiffe having so obtained judgement against the De∣fendant, and perceiving that he is not easily to be arrested and taken in exe∣cution, or not sufficient to satisfie the same, but knoweth the Bayl to be bet∣ter able, than the Plaintiffe, may at his choice leave the Defendant, and prose∣cute the Bayl in this manner.

First Judgement being entred, he must sue forth a Capias ad satisfacien∣dum against the Defendant directed to the Sheriffe of the same County, where the Action was first laid, and get the same returned by a non est inventus, then he must procure a VVrit of Scire facias from the Filacer against the Bayl, if the Bayl were taken by the Filacer upon the Capias, alias plures, habeas Corpus, &c. issuing out of that Office, upon which VVrit, if the She∣riffe return a Scire feci, then there needs

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no second VVrit to be made, but if he return a nihil, then there must a second VVrit of Scire facias, which being like∣wise returned with a nihil, then the two VVrits of Scire facias must be taken out upon the remembrance in the Pro∣thonotaries Office with the returns of them, and rules thereupon given and filed accordingly, with the Custos Bre∣vium, and thereupon if the Bayl shew not cause why Judgement should not be had, Judgement by default shall be entred against them in the said Protho∣notaries Office, for the summe in which they became Bayl as aforesaid, where∣upon the Plaintiffe may take execution out against them, either by fieri facias, or elegit: but not by Capias ad satisfa∣ciendum against their persons.

And in this case observe, that the Plaintiffe may likewise sue and Arrest the Bayl going by way of Original at the Common Law, for the summe for which they became Bayl, and Arrest their bodies, either upon the Capias,

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or plures, or sue them to the exigent thereupon, and declare upon the said Recognizance, using all proceedings therein, as in an Action of Debt, but in this the Action must be laid in the County of Middlesex, onely where the Records do lie, and whence the venew out of that respect must rise.

And if the Bayl cannot be Arrested in the County of Middlesex, upon a Capias, &c. you may return (he cannot be found, &c. and sue forth thereupon a Testatum, and by that means Arrest them in any other County, where they may be found, observing all the pro∣ceedings, as in an Action of Debt.

Of a Supersedeas.

It is a Writ awarded to the Sheriffe commanding him to surcease for to Arrest the party, and if he have Ar∣rested him, then that he set him at Li∣berty: For that the Defendant hath ap∣peared, or found sufficient Bayl for his

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appearance by the return of the Pro∣cesse, &c. See more of this Writ how and for what it may be granted in F. N. B. 591. 593. 594.

Of a VVrit of Dower, and of a Grand-cape and Petite-cape.

It is a Writ, and it lieth, where a man is sole seised, during the Coverture be∣tween him and his wife, of Lands, or Tenements in Fee-simple, or Fee-tail, where, by possibility the issue between them may inherit, if such a man die, his wife shall recover the third part of all the Lands whereof the Husband was sole seised any time during the Cover∣ture Terms-ley, it is called Dower, or Dowery as a gift, because the Law it self doth (without any gift of the Hus∣band) give it to her. The Processe in this Action of Dower are,

First, a Summons between the Teste, and return whereof, there is 5. returns.

And if the Tenant neither appear nor

Page 19

nor cast an Essoigne, entring a ne reci∣piatur, a grand Cape lies to seize the Lands, &c. for that for such his default the Tenant shall loose his Land.

But if he wage his Law of non Sum∣mons, he shall save his default, and then he may plead with the Demandant.

Note, that in the Grand Cape the Tenant shall be summoned to answer to the default, and further to the De∣mandant, but in petite Cape he shall be summoned to answer to the default onely, and not to the Demandant, and it is called a petite Cape, because it in∣cludes lesse than the other.

And if the Tenant by the return of the Summons, Essoigne, the Deman∣dant adjourns 15. dayes longer, in such case the Attorney for the Tenant may enter with the Filacer that the Tenant appears, and prayes view, &c. then a Writ of view goes out, whereby the Sheriffe is to shew the Tenant the Lands in question, which supposeth the Tenant knows not well what Lands

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it is that the Demandant asketh, by the return of which Writ of view the Te∣nants Attorney takes a Declaration.

Note, that where a default is made after appearance, there a petite Cape is to issue forth at the Demandants suite, which is made as likewise the grand Cape by the Filacer of the County where the Land lieth.

Of a Formedon.

There are three sorts of Formedon, viz. in Descender, in Remainder, and in Reverter.

The first is where Tenant in the tail enfeoffeth a Stranger, or is disseised and dieth, the Heir shall have the Writ of Formedon in Descender to recover the Land.

The second is where one gives Lands in the tail, and for default of issue the Remainder to another in the tail, and that for default of such issue the Land shall Revert to the Donor, if the first

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Tenant in tail die without issue, he in the Remainder shall have a Formedon in Remainder.

But if the Tenant in the tail die with∣out issue, and he in the Remainder also die without issue, then the Donor, or his Heirs shall have a Formedon in the Reverter, Terms ley.

The processe incident to this action are first a Summons between the Teste, and return whereof there is 9. returns, and the same Processe, which are in Dower after the Summons, that is a grand Cape Writ of view and petite Cape, the proceedings are much like to that of Dower.

Of a Habeas Corpus, Duces tecum Di∣stringas nuper Vic and Distr. Bal.

If upon your Capias alias, or plures, &c. the Defendant be arrested, and put in bond for his appearance to the She∣riffe, you must have the Sheriffe return a cepi Corpus, upon which, if the party

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do not appear at the return of the Writ you may give the Sheriffe a Rule to bring in his body on pain of 40. s. &c. which Rule the Filacer entreth, if the Sheriffe will not return this VVrit of habeas Corpus, you may amearce him as before if he doth return the VVrit, and brings not in the body, he can return nothing but a languidus in prisona, &c. And upon that you may have a duces tecum licet languidus, &c. or else after the party is al rested, you may have a habeas Corpus. But if the Sheriffe goeth forth of Office before he return the habeas Corpus, and delivereth it not, nor the prisoner to the next Sheriffe, his Successor, there shall issue forth a di∣stringas nuper vic against him to the Sheriff his Successor. And if the habeas Corpus be not returned, there may issue out an alias and plures distringas nuper vic ad infinitum, untill the Defendant appear, and the amearcements shall be encreased and doubled every time up∣on the distringas nuper vic, but upon

Page 23

the habeas Corpus, alias, or plures there shall be but 40. s. amearcements set, and the amearcements both of the distrin∣gas nuper vic, and of the habeas Corpus are entred by the Filacer, and once every half year extreated into the Ex∣chequer.

If any of the parties to be arrested, dwell within a Liberty, you must get the Sheriffe to return a mandavi balivo on your Processe, and upon that the course is to have a non omittas, &c. If the amerciaments be not extreted, and the Plaintiffs Attorney (to whose client the Sheriffs bond is commonly assign∣ed) be not contented and consent that you may appear as of the same Term, the first VVrit was returnable. And to accept of a Declaration, & not to delay the Plaintiffe in his suit: The Court will usually order the suite upon the Sheriffs bond, to stay, or if the amercia∣ments be extreated, then upon the same offer, and also to take off those amercia∣ments the Court will order the like.

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A habeas Corpus ad respondendum may be granted to the VVarden of the Fleet, or to the Keeper of an inferiour prison of a Liberty, or Franchize, where a Capias is returned in Court non est inventus. And such VVrit is to recite shortly the Capias, and to be re∣turnable at a day certain in Court, and to be a good cause of deteiner, as well as where a Capias ad respondendum comes to a Sheriffe, vide. New rules and orders.

Of Rescous.

It is a VVrit that lieth where a man is arrested, and he himself, or another in his behalf doth rescue him.

Or where any man taketh a distresse, and another taketh it again from him, and will not suffer him to carry the di∣stresse with him, then he doth to him Rescous, &c. and upon that he may have this VVrit, and shall recover damages for it.

And if one distrain beasts for dam∣age

Page 25

Fesant in his ground, and drive them in the High-way for to impound them, and in going they enter into the house of him, whose they be, and he withholdeth them there, and will not suffer the other to impound them, then that withholding is a Rescous, Terms ley.

The Processe incident to this Action are first a Summons, & then an Attach∣ment and Distringas, and then alias, and plures distringas in infinitum.

Of an Adjournement.

An adjournement is when any Court is dissolved and determined, and as∣signed to be kept again at another place or time, and is compounded of two words (ad) or (all) and jour. Terms ley, in what Processe adjournment lieth see in the Title of adjournment, in F. N. B.

Of a Discontinuance.

As there is a discontinuance of pos∣session, which it is not to our purpose

Page 26

here, to treat of, so there is a disconti∣nuance of Processe, or Plea, and this is when the instant is lost, and may not be taken again, but by a new Writ to begin the suite afresh for to be discon∣tinued, and to be put without day is all one, and nothing else but finally to be dismissed the Court of that instance, West. part. 2. tit. fines. Sect. 115. Crom∣ptons Jurisd. fol. 131.

Note, that if you cannot arrest the party upon your first Processe taken from the Filacer, you must have them carefully continued from Term to Term, otherwise if upon a second Writ the Defendant finde your Writ discontinued, he may enter a disconti∣nuance. And the want of any one con∣tinuance is errour at the time of the judgement.

Of special Bail.

If the appearance be upon arrest by the Capias alias, or plures, then the Bail

Page 27

must be taken, and entred by the Fila∣cer of the same County where the acti∣on was laid, and who made the said pro∣cess.

Here followeth the new orders concer∣ning special Bail.

That if the Defendant appears upon the Summons, Attachment, or distress, or by supersedeas quia improvide, or doth truely render himself upon the exigent, no Bail is requirable.

That in all causes of removeal, be it by habeas Corpus priviledge, or Certio∣rari, special Bail ought to be given.

That in causes where the Defendant comes in by cepi Corpus, be it debt, de∣tinue, trespasse for goods, action upon the case (except slander) if the debt, or damages amount to twenty pounds, special Bail is to be given, except it be against an Heir, Executor, or Admini∣strator.

That in Covenant, because the dam∣ages are uncertain, till declaration Bail at discretion.

Page 28

That in battery, conspiracy, false im∣prisonment no special Bail of course, without special motion and order.

That in slander no special Bail, ex∣cept in slander of title, wherein to be left to the discretion of the Judges.

That in priviledge, other than for Fees, and disbursements as an Attor∣ney, Bail at discretion of the Court. In such case wherein a suite by a com∣mon person especial Bail is not requi∣site.

That if Bail be given upon reversal of an Outlary, or removeable by habeas Corpus, the Original to be shown upon tendring of the Declaration, otherwise the Bail not liable; unlesse the party, or his Attorney will voluntarily appear, or take a Declaration without shewing of it.

That in case of a removeal out of an inferiour Court, or reversal the new Original to agree in the nature of the Action, the summe in demand, and the County, otherwise the Bail not lia∣ble:

Page 29

but if the party will voluntarily appear to such varying Original, to be good as to the party: but if upon a cause removed by habeas corpus out of the Courts of Canterbury, Southampton, Hull, Litchfield, or Pool, which are Counties where the Judges of nisi prius seldom come, if the Action be transi∣tory, it must be laid in the County of Kent, Southampton, York, Stafford, or Dorset, where the Town and County lieth, and the Recognizance to be taken accordingly.

That the principal rendring himself at any time after Bail put in, and before or upon the day of appearance of the scire facias, returned scire feci, or of the second scire facias returned nihil, or in case there shall be an action of debt brought upon the Recognizance against the Bail, then if the principal shall render himself upon, or before the processe returned served, no further proceedings to be against the Bail.

Page 30

The new Orders concerning appear∣ances.

That appearances be duely entred with the Filacers: but if special Bail be requirable in the case, the Plaintiffe not to be concluded by such appear∣ances, if he insist upon it.

That where an appearance is upon the Original Writ, if the Defendants appearance be not entred of Record, the Defendants Attorney to give his hand to the Plaintiffs Attorney, upon the delivery of the Declaration that he appeareth thereunto.

That any Attorney of either Bench accepting a Warrant to appear, or sub∣scribing a Processe, Declaration, or Warrant to appear, be compelled to cause appearance, or be liable to an at∣tachment, or put out of the Role, as the case requires, and the party not to be received to countermaund such ap∣pearance after his retainer, &c.

Page 31

That if a Capias be returned in Court, non est inventus, against a Pri∣soner in the Fleet, he is compellable to appear upon a habeas Corpus ad respon∣dendum as well at the suite of a stran∣ger, as at his suite whereupon he is im∣prisoned, and to answer to a Declara∣tion according to the rule of the Court, or that judgement be entred against him, &c. with many other Orders which tendeth not to our purpose. Having thus gone through the greatest part of the course of the Filacers Of∣fice, and the nature of their Writs. I shall now in order set down their Fees, they take for their Writs, and the en∣try of them.

The Filacers Fees.

  • Inprimis. For every Capias alias, and plures in debt detinue and trespasse, not having more then 4. names in a Writ and entry thereof. 6. d.
  • ...

Page 32

  • If there be above 5. names it is double, and you pay for it. 1. s.
  • Item, For delivery of every first Ca∣pias upon Record and entry thereof. 4. d.
  • Item, For every Testatum upon any the said Writs, pone in Replevine and Summons. 1. s.
  • Item, For every Capias alias, and plures in account Covenant Annunity, Ejectione firme, and upon penal Sta∣tutes. 1. s.
  • Item, For every Writ in an Action upon the case, if it contains not 10. lines. 1. s.
  • But if it contains 10. lines you pay six pence more, if 15. lines 12. pence more, so that they reckon for every 5. lines after the first 5. lines, if the Action of the case contained 10. lines, or more. 6. d.
  • Item, For every Retorno habendo, and second deliverance before appear∣ance, and entry thereof. 2.s. 6.d.
  • Item, For every non Omittas and Capias in Withernham. 2.s. 6.d.
  • Item, For every Writ of Partition, War-
  • ...

Page 33

  • Item, For every writ for enquiry of dammages in reall actions Scire facias and Supersedeas. 2.s.
  • Item, For every grand Cape alias summons, petite cape, and entrie there∣of. 2. s. 6. d:
  • Item, for the Copie of the entry there∣of. 8. d.
  • Item, For the demandant in every, writ of view and entry thereof 2.s. 6.d.
  • Item, For a Copie of the entrie there∣of. 8. d.
  • Item, For every writ of Seisin and entry thereof 4. s. 6. d.
  • Item, For the view prayer 2.s:
  • Item, For a Copie of the entry there∣of. 8. d.
  • Item, For every writ of habeas Cor∣pus, duc. coram, distring. nuper vic. and distring. ballivum. 2. s.
  • Item, For every writ of rescous and entry thereof. 2. s.
  • Item, For the entry of every adjourn∣ment, discontinuance and resort 4. d.
  • Item, For every speciall baile

Page 34

  • and the entry thereof. 2. s. 10. d.
  • Item, For every appearance in reall and mixt Actions 4. d.
  • Item, Upon every appearance upon writs to arrest, and the entry thereof. 1.s.
  • Item, For searches, Copies, number Rols, and giving of Rules, each of them 4. d.
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