The rules and orders of the Court of Exchequer

About this Item

Title: The rules and orders of the Court of Exchequer
Author: England and Wales. Court of Exchequer.
Publication: 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 Cloysters,; 1698.
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Link to this Item: http://name.umdl.umich.edu/B29131.0001.001
Cite this Item: "The rules and orders of the Court of Exchequer." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/B29131.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.

Pages

Page 38

XXXVIII. Examination of Persons in Contempt.

WHere any person appear∣eth in Court, upon Pro∣cess of Contempt, to be examin∣ed upon Interrogatories, he is to stand committed to the Fleet, * 1.1 unless he acknowledge a Recog∣nizance of 100 l. or more (if the Case require it) to appear de die in diem, and not to depart without license of the Court, * 1.2 and then Interrogatories shall be exhibited for his Exa∣mination within four days after such his appearance; and in de∣fault thereof the party prose∣cuted shall be dismissed with Costs; upon which Examinati∣on, if the Defendant deny the Contempt, or the same doth not clearly appear, the Prose∣cutor

Page 39

may upon Motion Exa∣mine Witnesses for proof there∣of upon notice given to the Defendant, * 1.3 or his Attorney in Court, or by Commisson, for which he may name a Commis∣sioner, but is not to examine any Witnesses upon his part, unless he shall satisfie the Court upon some matter of Fact ne∣cessary to be proved for clear∣ing 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 Wit∣nesses.

Notes

* 1.1

Stand Commit∣ted. Recognizance.

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* 1.2

Interogatories to be exhibited 4 days after ap∣pearance, or dismist.

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* 1.3

A Commission on Motion.

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