And in pursuance of this authority, the court, by RG. H. 7 Vict., have established the following list of fees : Copy of any proceeding when required.-Not more than ten Sheets If more 25573 0 0 Writ Fee. For every Attachment, Venire, Capias or Distringas ad Respondendum Exigent, Capias utlagatum, cum Procl., Mandamus and Prohibition Filing every Indictment, Information, Affidavit, or other proceeding Every Recognizance Certificate of indictment, &c. found, or Information 0 0 d. 90006 96 30 5 0 5 0 5 0 8 0 0 for expenses expenses only 0 0 per sheet 0 0 0 10 For every Examination and Acknowledgment on In- Inrolling Interrogatories and Answers £. S. d. per Sheet 0 per Term Delivering out, under Judges' Order, Putting Case in Crown Paper for Argument Rules. Drawing and entering each Rule to Plead, Every other Rule If exceeding seventy-two words, for each 100 01 0 0 0 0 3 Copies of Rules. Half the charge for the original. Before a Writ of Error to reverse Outlawry in Felony be It is ordered, that in all writs of error to reverse outlawry in felony, homicide, or murder, the party render themselves to the prison of the Marshal, before that the said writs are applied for in court, or a copy of the record. Michaelmas, 1651. Bail on Habeas Corpus. And it is further ordered, that from henceforth, no bail be tendered or put in upon any habeas corpus, until the habeas corpus, and the causes for which the bail is to be put in, be returned, to the end it may appear what the causes are for which the defendant is detained, and bails may be duly taken, and the habeas corpora and bails duly filed. Hil. 13 & 14 Car. 2. 1662. No motion to be made in arrest of Judgment after Verdict, unless Defendant in Court. It is ordered that no motion shall be made in arrest of judgment upon a verdict found for the lord the King, on information or indictment, unless the defendant in such information or indictment be personally here in court. Easter, 21 Car. 2. 1669. Defendant appearing upon the Exigent must plead the It is ordered that every defendant who shall hereafter appear upon the writ of exigent, to any indictment or information in this court, shall plead to such indictment or information in the same term in which he shall so appear. Trin. 23 Car. 2. 1671. No Certiorari to issue to Wales (except for Indictments for Riot, Assault, Forcible Entry and Detainer), without motion in Court. No certiorari shall issue for any indictment whatsoever in any county whatsoever within the dominion of Wales, unless the writ shall have been allowed in open court upon notice, (indictments for riots, assaults, and trespasses, for forcible entries and forcible detentions, excepted.) Hil. 33 Car. 2. 1680. None taken on capias utlagatum shall be discharged but by supersedeas, founded on bail put in to bring a Writ of Error. It is ordered, that if any defendant outlawed at the suit of the lord the King shall have been taken upon the writ of capias utlagatum, he shall not be discharged from the custody of the sheriff by the order or consent of any clerk of the office of the coroner of this court, without the writ of supersedeas, founded upon bail being put in to bring a writ of error to revoke such outlawry, under pain of expulsion of such clerks; and that such writ shall be sealed in due manner, with the seal used in the same office. Mich. 35 Car. 2. 1683. Information to be filed before Subpœna issues. It is ordered, that no writ of Subpoena shall be issued before that the information is filed. Trin. 12 Will. 3. 1700. Mandamus and Returns to be inrolled by the Clerks in Court, the term when returned. It is ordered, that all writs of mandamus and returns shall be entered of record, in the same term in which they are returned, by the clerks in the office of the Crown. Hil. 1 Anne. 1702. No Indictment removed by a Prosecutor to be filed, without leave from a Judge. It is ordered, that no indictment, removed into this Court by certiorari allowed at the instance of the prosecutor, shall be filed, without leave of one of the judges of this Court first obtained. Mich. 2 Anne. 1704. No Order or Conviction concerning the revenue to be filed, without notice to the Attorney-General. It is ordered, that no order or record of conviction concerning the revenue of the Lady the Queen, returned into this Court, shall be filed, before notice thereof shall be given to the Attorney-General. Hil. 2 G. 2. 1729. No Certiorari to issue in Term-time without motion. It is ordered, that in future, no writ of certiorari in any cause whatsoever shall issue out of this Court in term-time, without motion in open court first made by counsel in that behalf. Trin. 17 G. 3. 1777. Attachment. It is ordered, that attachments shall be absolute in the first instance, only in the three following cases; viz. first, for nonpayment of costs on the master's allocatur; secondly, against a sheriff for not obeying a peremptory rule to return a writ, or to bring in the body; thirdly, for contempt of the court in the execution of the process of the court. Trin. 21 G. 3. 1781. Four Paper Books to be made in all Sessions Cases. It is ordered by the Court, that in future four copies shall be made of all sessions cases intended to be argued in this court, and one of such copies delivered to each judge; and that two of the said copies shall be made by the Clerk in Court for the prosecution, and the other two by the Clerk in Court for the defendant. Trin. 21 G. 3. 1781. On Grand Jury bill found, Clerk in Court to certify, Judge may issue his warrant, Recognizance to be taken for Defendant to appear and plead within the first eight days of the next Term and personally on return of the Postea, if convicted. It is ordered by this Court, that in future, when the Grand Jury bring into this Court any indictment found by them against any person or persons, the clerk in court for the prosecutor do certify the same to one of the Justices of this Court in order that such justice may (if he thinks proper) immediately issue his warrant thereon for the apprehending of the defendant; and that on the defendant's being in custody he shall enter into a recognizance and be admitted to bail in such sum as the judge shall direct, with condition that he the said defendant shall appear and plead to such indictment within the first eight days of the then next term, and shall personally appear in this court on the return of the postea, in case he shall be convicted. Mich. 29 G. 3. 1788. After verdict, Defendant's Affidavits to be first read, then Prosecutor's, then Defendant's Counsel heard, and then Prosecutor's; after judgment by default, Prosecutor's Affidavits first, then Defendant's, then Prosecutor's Counsel, and then Defendant's; if no Affidavits, Defendant's Counsel first heard, and then Prosecutor's. It is ordered, that when any defendant shall be brought up for sentence on any indictment or information after verdict, the affidavits produced on the part of the defendant, if any such are produced, shall be first read, and then any affidavits produced on the part of the prosecution, shall be read, after which the counsel for the defendant shall be heard, and lastly the counsel for the prosecution. |