Bequest

“ I have not the wherewithal for the expenses which occur; for there must necessarily be a notary, interpreter, and lawyer, and persons who with my authorization shall be present to plead the suits—which will not be a few, and cannot be carried through without spending money—Page 248since I am not able, nor is it right that I should be on hand to present the petition, or to plead the causes and business of so much weight and authority. To take this task of being my agent, some honest man, however honorable his station, should be glad to do it. ”

“ Upon the Solicitor General's suggestion of mootness and upon an examination of the entire record, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. ”

“ On calling for one or two modern wills, the clerks brought me a substantial, well-bound book, in which he informed me all modern wills have been, since the appointment of the present Registrar, enrolled at length, in a round text, so distinct and plain, that illiterate persons might read them; and not engrossed, so as to become a source of revenue, as at Doctor’s Commons, where the unlearned, in what is called ‘court-hand,’ are obliged to call in the aid of a clerk, and disburse a fee for the wills to be read to them. ”

“ Therefore, Our Will and Pleasure is, that in any Suit or Suits commenced, or to be commenced in any of our Courts at Westminister, or elsewhere, by the said Treasurer and Company, or otherwise against any such persons, that our Judges for the Time being, both in our Court of Chancery, and at the Common Pleas do favour and further the said Suits so far forth as Law and Equity will in any wise further and permit. ”

“ Blackstone defines an inquest of office as 'an inquiry made by the king's officer, his sheriff, coroner, or escheator, virtute officii, or by writ to them sent for that purpose, or by commissioners specially appointed, concerning any matter that entitles the king to the possession of lands or tenements, goods or chattels. ”

“ Every attorney, who shall confess judgment in any case, shall, at the time of making such confession, produce the warrant of attorney for making the same, to the court before which he makes the confession, and the original or a copy of the warrant shall be filed with the clerk of the court in which the judgment shall be entered. ”

“ The expediente, when complete (as decided by this court) , consisted of a petition, with a diseno or map annexed; a marginal decree referring the petition to a local officer to report whether the land was vacant and grantable, and the petitioner a proper person to obtain the bounty of the government; the report of that officer on these subjects, called an informe; the decree of concession and the copy or duplicate of the grant, as the original was delivered to the petitioner. ”

“ An English solicitor’s bill drawn in the old form is a voluminous itemized narrative of every act done by him in the cause or matter with a charge set against each entry and often against each letter written. Before the solicitor can recover from his client the amount of his charges, he must deliver a signed bill of costs and wait a month before suing. ”

“ That several of your Petitioners Humble Servants, who upon their being rejected by her, were, to all Appearance in a dying Condition, have since recover'd their Health, and been several Years married, to the great Surprize and Grief of your Petitioner, who parted with them upon no other Conditions, but that they should die or run distracted for her, as several of them faithfully promis'd to do. ”

“ Every pleader who acts in the business of another should have regard to four things:—First, that he be a person receivable in court, that he be no heretic, nor excommunicate, nor criminal, nor man of religion, nor woman, nor ordained clerk above the order of sub-deacon, nor beneficed clerk with the cure of souls, nor infant under twenty-one years of age, nor judge in the same cause, nor open leper, nor man attainted of falsification against the law of his office. ”

“ To obtain the general consent of the realm for the assessment of an ‘aid’ - except in the three cases specified above - or a ‘scutage’, we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. ”

“ It is an essential principle of justice that a court should not adjudicate upon any question without giving the parties to be affected or bound by the adjudication the opportunity of being heard and of bringing their witnesses before the court. The most usual term in English law for the process by which attendance is commanded or required is the “summons.”
Civil Proceedings. — In the High Court of Justice, civil actions are begun by obtaining from the officers of the court a document known as a “writ of summons.” ”

“ And further, they shall deliver to every such person so enabled a letter containing the name of that person, witnessing that he is authorized to beg, and the limits within which he is appointed to beg, the same letter to be sealed with the seal of the hundred, rape, wapentake, city, or borough, and subscribed with the name of one of the said justices or officers aforesaid. ”

“ The Petitioner’s most humble request is, that your Majesty will be graciously pleased to recommend and refer the Petitioner to be fully heard touching his services, loans, disbursements, losses, and sufferings to the Lord High Chancellor of England, and the Lord Privy Seal, the Duke of Albemarle, the Marquis of Dorchester, the Earl of Anglesey, the Earl of Loutherdale; the Lord Holles, the Lord Ashley, Lord Arlington and Mr. Secretary Morrice, or to such of them, or other, as your Majesty shall think fit. ”

“ The petition was not to the court in its corporate capacity.
The provisions of statute in Virginia [1] on this subject of writ of error, &c., to the court just named are as follows:
When and in what case petition for appeal may be presented, time excluded from the computation.
'SECTION 2. Any person who thinks himself aggrieved by an order in a controversy concerning the . . . possession of title of property to be changed, or adjudicating the principles of a cause, or to any civil case wherein there is a final judgment, decree, or order, may present a petition . . . ”

“ The first sentence of the last section, declaring that the service of the summons shall be deemed the commencement of the action, is embodied in the statute of limitations, and is as clearly a part of it as the second sentence of the section, declaring that an attempt to commence an action by delivery of the summons to an officer with intent that it shall be actually served shall be deemed equivalent to a commencement thereof. ”

“ Very well, apply for stay of execution. Go and look up Masson, he is a solicitor in the Commercial Court, and a friend of mine. Take your documents to him. He will make a second application for you, and give notice of objection to the jurisdiction of the court. ”

“ The Latin form praecipe, i.e. enjoin, command, is used of the note of instructions delivered by a plaintiff or his solicitor to be filed by the officer of the court, giving the names of the plaintiff and defendant, the nature of the writ, &c. ”

“ Your petitioner, and the people who ordained him, conceived his ordination was sufficiently notorious, as the article was subscribed by every member of the society; and the honourable court considered him a public teacher of Piety, Religion, and Morality. ”

“ The sufficiency and scope of pleadings, and the form and effect of verdicts, in actions at law, are matters in which the circuit courts of the United States are governed by the practice of the courts of the state in which they are held. ”

“ If a judge, no proceedings shall be laid before him, and his sentences, where passed, shall be null and void; if an advocate, he shall not have faculty to plead; if a notary, his deeds shall be void; if a cleric, he shall be deposed from his office and benefices. ”

“ Service of regular process is a warning to all parties who have any interest in the cause to come in and protect their interest; and unless they do so, if due notice was given, they are bound by the decree. ”

“ Petitioner refers us to cases which have held that when a court considers on its merits an untimely petition for a rehearing, or an untimely motion to amend matters of substance in a judgment, the time for appeal may begin to run anew from the date on which the court disposed of the untimely application. ”

“ The petition and the affidavits which accompanied it are to be taken together as part of the same instrument. They are also to be considered in connection with the other parts of the record to which they belong. ”

“ Provided always, that any one or more of the said justices, attending as aforesaid, shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings, or proceeding, returned to the said court or depending therein, preparatory to the hearing, trial or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings. ”

“ That Your Petitioners dwell very far from the place of Public Worship in either of the said Towns, Many of them Eight Miles distant, some more, and none less than four miles, Whereby Your Petitioners are put to great difficulties in Travelling on the Lord's Days, with our Families. ”

“ All which premises your petitioners humbly pray you to take into your consideration, and either to appoint a day in your Court of Honour, when all pretenders to the galloon may enter their claims, and have them approved or rejected, or to give us such other relief as to your great wisdom shall seem meet. ”

“ Leave to present a petition for mandamus against the clerk to compel him to file the record without costs was then here granted and the matter is before us on the submission of the rule to show cause consequent upon such permission and the answer of the clerk to the rule setting out the action of the court, in which answer reliance is placed upon the orders of the court which are appended and the two opinions expressed by the court on the subject. ”

“ Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's address. ”

“ And he who summons another shall walk with witnesses to the home of that man, and, if he be not at home, shall bid the wife or any one of the family to make known to him that he has been summoned to court. ”

“ The view I advance at once explains and is confirmed by the remarkable allusion to this Inquest in the ‘Annals of Waverley’:
(1212) Idem (rex) scripsit vicecomitibus ut per singulos hundredos facerent homines jurare quæ terræ essent de dominico prædecessorum suorum regum antiquitus, et qualiter a manibus regum exierint, et qui eas modo tenent et pro quibus servitiis.
There can, in my opinion, be no question whatever that this refers to the writ ordering the great Inquest of service in 1212. This is printed in the ‘Testa’ (p. 54) , and as an appendix to the ‘Red Book’ (p. cclxxxv.) . ”

“ The notion of summoning a small number of men to act on behalf of the whole was doubtless borrowed from the practice in judicial proceedings and in inquests and commissions of various kinds, in which it was usual for certain select men to swear on behalf of the whole shire or hundred. ”

“ Art. 1230. 'Where the defendant is absent from the state, or is a nonresident of the state, the clerk shall, upon the application of any party to the suit, his agent or attorney, address a notice to the defendant requiring him to appear and answer the plaintiff's petition at the time and place of holding of the court, naming such time and place. ”

“ That the time being now come when your petitioner ought, if ever, to bee discharged from his contract for surveying, and of his bonds given for performance of the same, hee humbly prayeth that the same may be done accordingly, before some of your Lordshipps, the judges, bee called from the Councill to the circuit, to the end that ample satisfaction may be given and taken from your Lordshipps granting of the same, and such as is suitable to the creditt and reputation of your petitioner herein. ”

“ A statement of defence may not be delivered except under order made on the summons for directions (which must be taken out immediately after the appearance of the defendant in answer to the writ) , nor a reply without special leave. The result of the present practice is to substitute “particulars,” i.e. specific statement of the details which the parties intend to prove, for the more general terms in which pleadings were formerly framed. ”

“ In prize cases, wherever it appears that notice of appeal, or of intention to appeal, to this court was filed with the clerk of the District Court within thirty days next after the final decree therein, an appeal will be allowed to this court whenever the purposes of justice require it. ”

“ Your petitioners desire your honours will tenderly consider the premises, and suffer your said petitioners to continue their trade (those who set them at work being still willing to employ them, though at lower rates;) and your said petitioners will give security to make use of the same stuff, and dress in the same manner, as they always did, and no other. ”

“ It is quite true that in a petition for review upon the ground of error in law in the original order, the examination of the grounds of the petition for rehearing is equivalent to a reexamination of the basis of the original decree. ”