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mality of pleading, and thereby to save much time and expense in the do cision of a cause (21).

So likewise, if a question of mere law arises in the course or [*453] a cause, as whether by the words of a will an estate for life or *in

tail is created, or whether a future interest devised by a testator shall operate as a remainder or an executory devise, it is the practice of this court to refer it to the opinion of the judges of the court of king's bench or common pleas, upon a case stated for that purpose (22), (23); wherein all the material facts are admitted, and the point of law is submitted to their decision : who thereupon hear it solemnly argued by counsel on both sides, and certify their opinion to the chancellor. And upon such certificate We decree is usually founded.

Another thing also retards the completion of decrees. Frequently long accounts are to be settled, incumbrances and debts to be inquired into, and a hundred little facts to be cleared up, before a decree can do full and sufficient justice. These matters 'are always by the decree on the first hearing referred to a master in chancery to examine; which examinations frequently last for years : and then he is to report the fact, as it appears to him, to the court. This report may be excepted to, disproved, and overruled ; or otherwise is confirmed, and made absolute, by order of the court.

When all issues are tried and settled, and all references to the master ended, the cause is again brought to hearing upon the matters of equity reserved; and a final decree is made : the performance of which is enforced (if

a necessary) by commitment of the person, or sequestration of the party's estate. And if by this decree either party thinks himself aggrieved, he

, may petition the chancellor for a rehearing ; whether it was heard before his lordship, or any of the judges, sitting for him, or before the master of the rolls. For whoever may have heard the cause, it is the chancellor's decree, and must be signed by him before it is enrolled (b); which is done of course unless a rehearing be desired Every petition for a rehearing must be signed by two counsel of character, usually such as have been

concerned in the cause, certifying that they apprehend the cause [*454] is proper to be reheard. And upon the *rehearing, all the evi

dence taken in the cause, whether read before or not, is now admitted to be read; because it is the decree of the chancellor himself, who only now sits to hear reasons why it should not be enrolled and perfected ; at which time all omissions of either evidence or argument may be

supplied (c). But, after the decree is once signed and enrolled, it cannot be reheard or rectified, but by bill of review, or by appeal to the house of lords.

(b) Stat 3 Geo. III. c. 39. See p. 450.

(c) Gilb. Rep. 151, 152.

(21) The consent of the court ought also to a doubt might be decided in that suit, and he be previously obtained, for a trial of a feigned suspended his decree till the court of law had issue without such consent is a contempt, given its judgment. It appears that the first which will authorize the court to order the pro- case sent from the rolls to the king's bench, is ceedings to be stayed. 4. T. R. 402. in 6 T. R. 313. where lord Kenyon says, “I

(22) In New York, the practice of sending believe that there is no instance in which this a mutter from chancery to a court of law for court ever certified their opinion on a caso its opinion, does not prevail.

sent here from the master of the rolls. In Cola (23) Formerly, when a case was heard be. son v. Colson it was refused; but I think it fore the master of the rolls sitting in his own was an idle formality, and I shall feel no re court, on which he wished to have the opinion luctance in certifying in such cases, because of a court of law, he directed an action to be I think it is convenient to the suitors of dat omnienced by the parties in a court of law in court." mucb a form, that the question on which he had

A bit of review (24) may be had upon apparent error in judgment, appearing on the face of the decree; or, by special leave of the court, upon oath made of the discovery of new matter or evidence, which could not possibly be had or used at the time when the decree passed. But no new evidence or matter then in the knowledge of the parties, and which might have been used before, shall be a sufficient ground for a bill of review

An appeal to parliament, that is, to the house of lords, is the dernier resort of the subject who thinks himself aggrieved by an interlocutory order or final determination in this court: and it is effected by petition to the house of peers, and not by writ of error, as upon judgments at common law. This jurisdiction is said (d) to have begun in 18 Jac. I., and it is certain, that the first petition, which appears in the records of parliament, was preferred in that year (e); and that the first which was heard and determined (though the name of appeal was then a novelty) was presented in a few months after (S); both levelled against the lord chancellor Bacon for corruption and other misbehaviour. It was afterwards warmly controverted by the house of commons in the reign of Charles the Second (g). But this dispute is now at rest (h): it being obvious to the reason of all mankind, that, when the courts of equity became principal tribunals for deciding causes of property, a revision of their *de- [*455] crees (by way of appeal) became equally necessary, as a writ of error from the judgment of a court of law. And, upon the same principle, from decrees of the chancellor relating to the commissioners for the dissolution of chauntries, fc. under the statute 37 Hen. VIII. c. 4. (as well as for charitable uses under the statute 43 Eliz. c. 4.) an appeal to the king in parliament was always unquestionably allowed (i). “But no new evidence is admitted in the house of lords upon any account; this being a dictinct jurisdiction (k): which differs it very considerably from those instances, wherein the same jurisdiction revises and corrects its own acts, as in rehearings and bills of review. For it is a practice unknown to our law (though constantly followed in the spiritual courts), when a superior court is reviewing the sentence of an inferior, to examine the justice of the former decree by evidence that was never produced below. And thus much for the general method of proceeding in the courts of equity.

(d) Com. Joum. 13 Mar. 1704.
(c) Lords' Journ. 23 Mar. 1620.
(f) Lords' Journ. 3. 11. 12 Dec. 1621.
(8) Com. Journ. 19 Nov. 1675, &c.

(h) Show. Parl. C. 81.
(0) Duke's Charitable Uses, 62
(k) Gilb. Rep. 155, 156.

(24) A bill of review is only necessary years. Id. 69. 1 Bro. P. C. 95.6 Bra ? where a decree is signed and enrolled. Mitf. C. 460. 6 Bro. P. C. 395. PL 71. It cannot be brought after twenty

THE END OF THE THIRD BOOL

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No.I.

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Proceedings on a Writ of Right Patent.

Sech. 1. Writ of Riott Patent in the COURT BARON. GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth, lo Willoughby, Earl of Abingdon, greeting. We command you that without delay you hold full right to William Kent, Esquire, of one messuage and twenty acres of land, with the appurtenances, in Dorchester, which he claims to hold of you by the free service of one penny yearly in lieu of all services, of which Richard Allen deforces him. And unless you do so, let ihe Sheriff of Oxfordshire do it, that we no longer hear complaint thereof for defect of right. WITNESS ourself at Westminster, the iwentieth day of August, in the thirtieth year of our reign.

Pledges of prosecution, John Doz.

RICHARD ROL Sect. 2. Writ of TOLT, to remove it into the COUNTY COURT. CHARLES MORTON, Esquire, Sheriff

of Oxfordshire, to John Long, Bal lifi errant of our Lord The King and of myself, greeting. BECAUSE by the complaint of William Kent, Esquire, personally present at my County Couri, to wit, on Monday, the sixth day of September in the thirtieth year of the reign of our Lord GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and 80 forth, at Oxford, in the shirehouse there holden, I am informed, that although he himself the writ of our said lord the King of right patent directed to Willoughby, Earl of Abingdon, for this that he should hold full right to the said William Keni, of one messuage and twenty acres of land, with the appurtenances, in Dorchester, within my said county, of which Richard Allen deforces him, hath brought to the said Wil loughby, Earl of Abingdon ; yet for that the said Willoughby, Earl of Abingdon, favoureth the said Richard Allen in this parı, and hath hi. therio delayed to do full right according to the exigence of the said writ, I command you on the part of our said Lord the King, firmly enjoining, that in your proper person you go to the Court Baron of the said Willoughby, Earl of Abingdon, at Dorchester aforesaid, and take away the plaint, which there is between the said William Kent and Richard Allen by the said writ, into my County Coust to be next holden ; and summon by good summoners the said Richard Allen, that he be ai my County Court, on Monday, the fourth day of October next coming, at Oxford, in the shirehouse there to be holden, to answer to the said William Kent thereof. And have you there then the said plaint, the sammoners, and this precept. Given in my County Court, at Oxford, in the shirehouse, the sixth day, of September, in the year aforesaid. Sect. 3. Writ of Pone, to remove it into the Court of, COMMON PĻEAS

GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth, to the Sheriff of Oxfordshire, greeting. Put at the request of William Kent, before our justices at Westminster, on the Morrow of All Souls, the plaint which is in your County Court by our writ of right, between the said William Kent, demandant, and Richard Allen, tenant, of one messuage and twenty acres of land, with the appurtenances, in Dorchester; and summon by good summoners the said Richard Allen, that he be then there, to answer to the said William Kent, thereof. And have you there the - summoners and this writ. WITNESS ourself ar Westminster, the tenib

av of September, in the thirtieth year, of our reign.

No. :

Sect. 4. Writ of Right, quia Dominus remisit Curiam. GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth, to the Sheriff of Oxfordsbire, greeting. COMMAND Richard Allen, that he justiy and without delay render unto William Kent one messuage and twenty acres of land, with the appurtenances, in Dorchester, which he claims to be his right an, inheritance, and whereupon he complains that the afore

said Richard, unjustly deforces him. And unless he shall so do, and 1 iii ] *if the said William shall give you security of prosecuting his claim,

tuen summon by good summoners the said Richard, that he appear be. fore our justices at Westminster, on the Morrow of All Souls, lo show wberefore he hath not done it. And have you there the summoners and this writ. WITNESS Ourself at Westminster, the twentieth day of August, in the thirtieth year of our reign. Because Willoughby, Earl of Abingdon, the chief lord of that fee, halh thereupon remised unto us

his court. Sheriff's Pledges of S John Doe, Summoners of the John Dex. Retur.

prosecution, Rich. Roe. within-named Richard, Rich. FEN.

Sect. 5. The Record, with the award of Battel.t
Pleas at Westminster before Sir John Willes, Knight, and his brethren,

Justices of the Bench of the Lord the King at Westminster, of the
terin of Saint Michael, in the thirtieth year of the reign of the Lord
GEORGE the Second, by the grace of God, of Great Britain, France,

and Ireland King, Defender of the Faith, &c. Wikt. Oxon, W11.LIAM Kent, Esquire, by James Parker, his attorney, de

to wil. ) mands against Richard Allen, Gentleman, one messuage and

twenty acres of land, with the appurtenances, in Dorchester, as his right Dominus remi- and inheritance, by writ of the Lord the King of right, BECAUSE Wil

loughby, Earl of Abingdon, the chief lord of that fee, haih now thereupok Cours. remised to the Lord the King his court. AND WHEREUPON he saith, that

he himself was seised of the tenements aforesaid, with the appurtenan

ces, in his demesne as of fee and right, in the time of peace, in the time Esplees. of the Lord GEORGE the First, late King of Great Britain, by taking the

esplees thereof to the value (of len shillings, and more, in rents, corn,

and grass.). And that such is his right he offers (suit and good proof.) Defenco. And the said Richard Allen, by Peter Jones, his attorney, comes and

defends the right of the said William Kent, and his seisin, when (and where it shall behove him,) and all (that concerns it,) and whatsoever (he ought to defend) and chiefly the lenements aforesaid, with the apo

purtenances, as of fee and right, (namely, one messuage and twenty Wager of acres of land, with appurtenances in Dorchester. And this he is ready hattel lo defend by the body of his freeman, George Rumbold by name, who

is present here in court, ready to defend the same by his body, or in what

inapner soever the Court of the Lord the King shall consider that he { "iv ) ought to defend. And if any mischance should befal the said George,

(which God defend,) he is ready to defend the same by another man, Roplication. who is bounden and able to defend it.) And the said William Keni

saith, that the said Richard Allen unjustly defends the right of him the said William, and his seisin, &c. and all, &c. and whatsoever, &c. and chiefly of the tenemeuts aforesaid with the appartenances, as of fee and right, &c.; because he saith, that he himself was seised of the renements aforesaid, with the appurtenances, in his demesne as of fee and right, in the time of peace, in the time of the said Lord George the

First, late King of Great Britain, by taking the esplees thereof to the Jomdor of valne, &c. And that such is his right, he is prepared to prove by the

body of his freeman, Henry Broughton by name, who is present here in Court ready to prove the same by his body, or in what manner soever the Court of the Lord the King shall consider that he ought to prove;

As to battel, see page 337, n. 7. the Appendix, are usually no other. | N.B. The clauses between hooks, wise expressed in tb- Pecords than be in this and the subsequent numbers of an &c.

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