Fvidence in actions for proctors' costs. Cos's of taxa tion. deputy, and certify the same; and if the said proctor, or the party chargeable by such bill, having due notice, shall refuse or neglect to attend such taxation, the said register, or his deputy, may proceed to tax the said bill ex parte, pending which reference and taxation, no action shall be commenced or prosecuted touching the said demand; and upon the taxation of such bill, the said party shall forthwith pay to the said proctor, or any person by him authorized to receive the same, the whole sum that shall be found to be or remain due; which payment shall be a full discharge of the said bill and demand; and in default thereof, the party shall be liable to an action at the suit of said proctor, to be brought in any of his majesty's courts of law in this kingdom, for such sum as shall be ascertained by such taxation to be due; and upon the trial of such action it shall be sufficient for snch proctor to prove the service of such bill in manner herein-before mentioned, and such proof, together with proof of the name and hand-writing of the register, or of his deputy, who shall tax such costs, and of the judge or judges of said court, to said bill, shall be sufficient evidence of the taxation thereof; and if upon such taxation it shall be found that such proctor hath been overpaid by any sum paid to him during the course of such proceedings, on account of the same, then such proctor shall forthwith refund unto the party entitled thereto, or to any person by him authorized to receive the same, all such money as the said register and judge, &c. shall certify upon said bill to have been overpaid; and proof of the name and hand-writing of the register, or his deputy, and judge, &c. subscribed to such bill, shall be sufficient evidence of said overpayment; and the judges of said respective courts are hereby authorized to award the costs of such taxation: thạt is to say, if the bill taxed be less by a sixth than the bill delivered, then the proctor is to pay the costs of said taxation; but if it shall not be less, the court shall charge the proctor or client with such costs, according to the nature of the case. Suit of court. P. 35. 1. 26.-By the 52 Hen. 3. c. 9. E. & I. none 52 Hen.3. c. 9. that is infeoffed by deed, shall be distrained to do suit E. & 1. to the court of his lord, without he be specially bound thereto by his deed, those only excepted whose ancestors were used to do such suit before the first voyage of said king into Britain likewise none that is infeoffed without deed from the time of the conquest, or any other ancient feoffment, shall be distrained to such suits, unless his ancestors used to do it before the said voyage: and they that are infeoffed by deed to do a certain service, as for service of so many shillings a year, to be acquitted of all service, shall not be bound to such suits. contrary to the form of their feoffment. And if any inheritance whereof but one suit is due, descend unto many heirs, whoso hath the eldest part shall do suit for himself and his fellows, and the other coheirs shall be contributary; and if many feoffees be seised of an inheritance whereof but one suit is due, the lord shall have but that one suit; and if those feoffees have no warrant or mesne which ought to acquit them, then all the feoffees, according to their portion, shall be contributaries for doing the suit. And if the lords distrain the tenants for such suits contrary to this act, at the complaint of the tenants, the lords shall be attached to appear in the king's court at a short day to make answer thereto, and shall have but one essoin therein, if they be within the realm; and the distresses shall be delivered to the plaintiff until the plea be determined: and if the lords which took the distress come not at the day, the sheriff shall be commanded to cause them to come at another day; at which day if they come not, he shall be commanded to distrain them by all their goods, so that the sheriff shall answer to the king of the issues of the inheritance, and that he have their bodies before the justices at a certain day; so that if they come not at that day, the plaintiff shall go without day, and his distresses shall remain delivered until the lords have recovered the suit by award of the king's court; and in the mean time such distresses shall cease, saving to the lords their right to recover. those suits when they will sue: and when the lords of 2 Edw. 3. c.11. E. & I. Court of com mon bench moveable upon warning. 31 Edw.3. st.4. c. 1. Eng. Common pleas not pleadable in exchequer. 28 Edw.1. st.3. c. 6. E. & I. Writs how sealed. the courts come in to answer the plaintiffs of such trespasses, and be convicted thereupon, then by award of the king's court the plaintiffs shall recover damages. And by s. 2. if the tenants withdraw such suits as they were wont to do, then by like speediness of justice the lords of the courts shall obtain justice to recover their suits, with their damages; and this must be understood of withdrawing from themselves, and not of withdrawing from their ancestors. Nevertheless the lords of courts shall not recover seisin of such suits against their tenants by default, as they were wont to do. And touching suits withdrawn before the time afore-mentioned, let the common law run. P. 37. 1. 28.-The 2 Edw. 3. c. 11. E. & I. provides, that before the common bench be removed, the justices shall be warned by a time, so that they may adjourn the parties by such time that they shall not lose their pro cess. P. 38. l. 15.—It was one of the provisions of the ordin. pro stat. Hibern. 31 Edw. 3. st. 4. c. 1. Eng. that common pleas of debts, trespasses, and other things, which ought to be pleaded at the common law, should not be pleaded in the exchequer at Dublin; and that if the chancellor of the exchequer should seal such writs at the common law, he should answer to the king for the contempt, and to the party for the grievance. P. 38. 1. 26. The 28 Edw. 1. st. 3. c. 6. E. & I. enacts, that no writ that toucheth the common law, shall go forth under any of the petty seals. vided by the ordin. pro stat. Hibern, And it was pro17 Edw. 1. c. 7. 17 Edw. 1. c.7. Eng. that no writ original pleadable at common law, Eng. should be received but under the great seal of Ireland; nor any process made by either writ, save by the seal of the exchequer of Ireland of things touching that 28 Hen.6. c.4. Ir. court. P. 38. l. 26. The 28 Hen. 6. c. 4. Ir. enacts, that the chancellor, justices, and barons, shall not put forth Writs of privi- from their places any writs of privilege, (directed to officers of liberties commanding them to surcease from their pleas,) but only for the ministers, servants, or yeomen company lege. continually abiding with them; and he that pursueth such writ of privilege shall pay to the king 100s. and to the party grieved 100s. by bill or writ grounded upon this ordinance, so that he be not minister, &c, as aforesaid. P. 43. l. 14.-The 9 Hen. 3. c. 12. E. & I. should 9 Hen.3. c. 12, E. & L.. have been here referred to, which provided that the assizes of novel disseisin and mort d'ancestor should not be Assizes how taken by the jus◄ taken but in the shires, and after this manner: the king, tices. or (in his absence out of the realm) the chief justices, shall once a year send the justices through every county, who, with the knights of the shires, shall take the said assizes in those counties; and such things as cannot be there determined shall be ended elsewhere in their circuits; and those things, which for difficulty of some articles, cannot be determined by them, shall be referred to the justices of the bench, and shall be there determined. And by c. 13. assizes of darrein presentment shall be always taken before the justices of the bench, Assizes of dar and there determined. c. 13. rein presentment. 49Geo.3. c.91. counties where P. 48. 1. 27.—-The 49 Geo. 3. c. 91. E. recites the 8 Ric. 2. c. 2. E. & I. and 33 Hen. 8. c. 24. Eng. and E. enacts, that (notwithstanding said acts) the chief justice Justices of asand justices of either bench, and the chief baron and size may act in barons of the exchequer, and any other person who shall born or inhabitbe appointed justice of assize in any county in England, may exercise the office of justice of assize, and act under any commission of nisi prius in such county, though born or inhabiting within such county. ing. E. & I. -P. 51. l. 12.-The 20. Edw. 3. c. 1. E. & I. should be 20 Edw. 3. c.1. here referred to as confirming the 18 Edw. 3. st. 4. and prescribing the duty of the judges nearly in the words of Duty of justices the oath contained in this latter statute. And the 20 Edw. 3. c. 2. E. & I. ordains in like manner with re-spect to the barons of the exchequer, that they shall do right and justice to all the king's subjects, great and small; Duty of barons, and that they shall deliver the people reasonably and without undue delay. P. 64. l. 5.-The 49 Geo. 3. c. 101. s. 5. I. the 36 Geo. 3. c. 25. Ir. by providing that it c. 2. amends 49Geo.3.c.101. shall be s. 5. L. lawful New division of lawful for the lord lieutenant, with the advice of the privy counties in re-, council, to divide such of the counties of Ireland as they spect to civil bill jurisdiction, &c. shall think expedient, into two divisions, to consist of a 27 Geo.3.c.22. s. 1. Ir. risdiction of manor courts. s.2. Attested copy of charter, Sc. Lodged with clerk of peace. certain number of baronies, half baronies, and parishes, instead of baronies or half baronies only; and every such division shall be distinguished by the name of some one barony or half barony of which it shall be composed, P 72. last line.-The 27 Geo. 3. c. 22. Ir. provides, that on all appeals from the decrees of manor courts beEvidence of ju- fore the judges of assize, whenever any question shall arise respecting the existence or extent of jurisdiction of any manor court, a copy or abstract of such clauses of such letters patent, or charter creating such manors, as contain the grants of jurisdiction in actions between parties in the courts in said manors, from the inrolment thereof in the rolls-office or auditor general's office, attested by the officer thereof, and lodged and deposited with the acting clerk of the peace for the county wherein such manors are holden, shall be received as evidence of the jurisdiction of said manor courts. And by s. And by s. 2. every seneschal or steward of a manor created by charter or patent, who shall hold jurisdiction of any cause, shall lodge with the clerk of the peace of the county in which such court is holden, such attested copy of such charter, &c. or of such clauses as aforesaid, paying to the clerk of the peace for the custody thereof, 5s.; which copy or certificate so attested and lodged as aforesaid, shall, without fee, be produced by such clerk of the peace before any judge of assize, when lawfully demanded. And by s. 3. if any seneschal or steward of a manor who shall hold plea in any action, shall neglect to cause such atDuty of seneschal, &c. and tested copy of such charter, &c. or clauses thereof as clerk of the peace aforesaid, to be lodged with the acting clerk of the peace as aforesaid, before 1st of August 1787, he shall forfeit £10. to be recovered by civil bill; and any clerk of the peace who shall neglect producing the same when called upon, shall forfeit the like sum, to be recovered in like manner by the party aggrieved. By s. 4. in all Proceeding upon cases of appeal from the decree of any manor court to appeals from the judges of assize, the respondent shall, if required, s. 3. enforced. s. 4. manor courts. produce |