Attorney-General under his hand ought to be signed, have been hitherto prosecuted by divers attornies and clerks of this Court, and without the hand of the said Attorney-General first had, are affiled in fraud of the said Attorney-General of his fees, and against the rule of Court here in that behalf made. (c)

IT IS ORDERED that the prothonotaries of this Court take care and that every one of them in his office respectively see, when he hath examined any recovery by the said writ of entry, that that writ be signed by the Attorney-General, and - that the prothonotary shall receive no such writ to be filed unless it hath been signed by the Attorney-General aforesaid.

H.

[Easter Term, 9 Anne, 1710.]

WHEREAS by an act made in the three and

Order requiring

oath to be

made be

of the Com

mon Pleas

twentieth year of the reign of Queen Elizabeth (d) it was amongst other things enacted, fore a judge That every person who should at any time "thereafter take the knowledge of any fine, " and should certify the same, that such person "should with the certificate thereof certify also, beforecom

(c) Easter Term, 32 Charles 2. F.

(d) See infra, Appendix T.

N

as to the

due ac

knowledg

ment of

fines taken

missioners under writs of dedimus potestatem.

See Rules

"the day and year when the same was knowledged; and that no person who should take

any such knowledge of any fine should be "bounden, or by any means enforced to certify any such knowledge, except it were within one year next after the said knowledge taken; "and that no clerk or officer should receive any "writ of covenant whereupon any fine was "thereafter to pass, unless the day of the know

ledge of such fine should appear in or by "such certificate, upon pain of forfeiting five pounds." AND WHEREAS, contrary to the intent and meaning of the said statute, the days and years of the captions of several fines have been rased and altered after the same have been acknowledged, and other days and years inserted, and which sometimes have appeared to be after the death of the cognizors in such fines, by reason whereof several disputes have arisen, great delays have been had in passing such fines, and that several fines have been vacated thereupon. Now, for the preventing the like mischiefs and inconveniencies for the time to come,

IT IS ORDERED by the Justices of this Court, 17. & Trin. that for the future no fine whatsoever taken and

Hil. Term,

Term 26 &

27 Geo. 2. acknowledged before any commissioners by virtue or colour of any special dedimus potestatem

infra, L, M., by

which affidavits on

parchment

to them directed, do pass the Queen's silver

tuted for

oaths.

office, and the Queen's silver of such fine be are substirecorded, unless oath be made before the Lord personal Chief Justice or some other justice of this Court, of the due execution of the said fine, and also of the day and year when each cognizor so executed the same, where a razure in the day or year shall appear in the caption thereof; and that no fine so acknowledged before such commissioners, in case of such razure, be received and entered by the clerk of the Queen's silver of this Court, before there be an allocatur reciting the day and year of each particular cognizor's acknowledgment, under the hand of the said Lord Chief Justice, or some other justice of this Court, for the passing of the said fine first had and obtained.

AND IT IS FURTHER ORDERED that no fine whatsoever, taken and acknowledged before the said Lord Chief Justice, or any judge of assize or serjeant at law, if the date of the caption of such fine shall appear to have been rased, do for the future pass the Queen's silver office, and the Queen's silver of such fine be recorded by the said clerk of the Queen's silver, before there be an order under the hand of the said Lord Chief Justice, or some other justice of this Court, for his passing and entering such fine first had and obtained.

AND IT IS LIKEWISE ORDERED, that after any

fine whatsoever shall have passed the said Queen's silver office, and the Queen's silver of such fine be recorded, that neither the præcipe nor caption of any such fine or writ of dedimus potestatem, or writ of covenant, by which any such fine be passed, shall be rased or altered before there be an order under the hand of the said Lord Chief Justice, or some other justice of this Court, for the doing thereof, and for the amending of all entries made from such writ or writs, first had and obtained.

Recove

ries. Præ

marked

I.

[Trinity Term, 11 Anne, 1736.]

IT WAS DECLARED by the Court that all præ

cipes to be cipes for the passing of recoveries should be marked with the proper prothonotary's name; name, and and at the time of passing the same should be

with pro

thonotary's

to be deli

vered into delivered into Court by one of the serjeants,

Court by a serjeant when pass

ed.

otherwise no recovery to be entered.

Recove

ries. Pra

K.

[Trinity Term, 10 Geo. 2., 1736 ]

ATTORNIES are desired to take notice that from

cipes to be and after the first day of next Michaelmas Term, the remem- all præcipes for recoveries and writs of scire

entered on

brance of

each pro- facias be entered in the office on the remem

thonotary.

brance of each respective prothonotary, to whom they belong, and that henceforth no remembrances will be lent out for that purpose.

L.

[Hilary Term, 17 Geo. 2. 1743.]

of the due

ledgment

taken be

WHEREAS by a rule of this Court made in the Affidavits thirteenth year of the reign of his late Majesty, acknowKing George, It was ordered, that no fine what- of fines soever taken and acknowledged before any com- fore commissioners, by virtue of a writ of dedimus potestatem to them directed, be allowed to pass, unless some person present when such fine was taken

missioners

under de. tuted for

pos. substi

oaths viva voce. See ante, p.178,

gin.

and acknowledged did personally appear before in the mar the Lord Chief Justice, or some other justice of this Court, and was examined upon oath touching the due execution thereof, and particularly whether such person knew the parties acknowledging such fine; which rule has been found by experience to be attended with inconveniences, and has not answered all the good purposes for which it was intended; for remedy thereof, and the better to ascertain the practice for the future,

IT IS ORDERED by this Court, that from and after the first day of next Michaelmas Term, instead of an oath made viva voce of the due acknowledgment of such fines, an affidavit or