DEC 
ef the rolls to hear and determine caufes, and his general 
quiet which it was de- 
IL. c. 30. that all orders and de- 
as by the courfe of i 
e great feal alone, fhould b 
court were saa my 
fe neverthelet to be difcharged or or 
n c 
decree, adjuting every point ‘in fire d 
ing to equity and good confcience ; which decree ae ng 
ufually very long, the minutes of it down, and 
read openly in court by the regiftrar. 
eree is either staileaatee or final, It very feldom happens 
that the firft decr n be final or conclude the caufe; for, 
if any matter of fa 3 is ftrongly controverted, this court is 
fo fenfible of the deficiency of trial by written depofitions, 
that it will not bind the parties thereby, but ufually direéts 
the matter to be tried by jury; efpecially fuch important 
facts as the Gaal of a wt or whether A is heir a 
B, or the e a * modus decimand, ”? or real = im- 
memorial pomoontan for tithes. But as no jury can be 
{ummoned to attend this court, the fa is fatally dad 
to be tried at the bar of the court of king’s bench, or at the 
affifes, upon a feigned iffue. Thus alfo, if a guefion of 
mere law arifes in the courfe of a caufe, it is the praétice of 
this court to refer it to the opinion of the judges of the 
court of king’s bench or common pleas, upon a cafe ftated 
.for that purpofe, wher all the material fais are ad- 
and the point of law is fubmitted to their pen 3 
t folemnly argued by counfel o 
° 
oz 
fuch certificate the decree is ufually founded. The comple- 
ion of decrees is retarded by the following circumftances. 
Frequently long accounts are to be fettled, incumbrances and 
3 to be in oquired into, and an Ae little fats to be 
ea decree can do and riety oe 
cS hearing 
n ne pace xamina- 
years 5 and then he is is report the fa&, 
as it appears.to him, to the court: this report may be ex 
cepted to, difapproved, and te ; or otherwife, is con- 
rmed, and made abfolutely order of the court. 
If either party to the fuit fhould think himfelf aggrieved 
by a decree, he may petition the chancellor for a rehearing, 
whether it was heard before the chancellor himfelf or any of 
as fittin ng for him, or before the mafter of the rolls. 
For in all cafes it is the chancellor’s decree, an and mu 
Gece him before itis enrolled ; which is done of courfe 
unlefs a re-hearing be defired. Every petition for a re- 
hearing muft be figned by two counfel of charaGer, ufually 
fuch as have been concerned in the caufe, certifying that they 
apprehen dthe caufeis proper to be re-heard. And upon there- 
hearing ail the evidence takes in the caufe, whether read before 
i read 3 becaule it is the decree 
152.) But, after the decree is once figned 
annot be reheard or reCtified, but by bill 
ee by any i aera order o al determination 
in this pee ; and it is effe ed = petition : the 
peers, and not by writ o n judgments ae com- 
mop law. This janidieioa | is Faia t te hae beau in 38 Jac. 1.; 
° 
“ment of ac 
DEC 
and it is certain, | that the firi Sa which appears in 
the records of par eek was preferred in that year; and 
that the fir which was heard and determined (though the 
name of app-al was en a novelty) was prefented in a - 
sai after 5 po levelled again the lord c 
= 
equity ae 
property, a at of ine — | (by way of ey be- 
came equally neceffary, a rit of errer from the judg- 
ourt of law But no new evidence is admitted 
in the houfe of lords on 1 any account, this being a difling 
jurifdiGion. (Gilb. Rep. 155, 156.) Itisa pra€tice unknown 
to our law, (though ay ‘followed in the (aad 
courts,) when a fuperior court is reviewing the fentence of an 
inferior, to examine the juftice of the former decree by evi- 
ence - at was never produced below. Blackft. Comm. 
oo 
ECREES of the Court of Sefion, in Scots Law, are either 
in foro cnradioris bani both parties have litig 
canfe, orina abfen ré 
in 
br 
ourt, either on points which the parties 
neglected to plead before fentence (which are called compo. 
tent and omitted), or upon prints pleaded and found infufie 
cient (proponed and repelled). But decrees, though iz foro, 
are reverfible by the court, where either they labour under 
ae nullities, e.g. where they are wlira petita, or we 
conformable to oe eaaiees ~ _— or founde 
n error 7 calcu or where rty againft whom 
penal is ooeied i: aed ene ree eviden nce fofficient 
to overturn it, of which he knew not before. See SENTENCE, 
Decrees in aie: of the defender, have not the force of 
res judicate, i.e. of fentences or decrees which exclude all 
er pails [ ae bn ee p2ying 
3 in reco g th The fentences 
of inferior courts may be rev met ae court f ‘Te ffion 
before decree, by a etn: ; aA after decree, by fu mee 
fion or redu@ion; which two laf are alfo the methods of 
calling in queftion fuch decrees of the see sa as can 
oo be brought under the review of the c 
recs’ are ali oe by reduction | or fufpenfion. 
The fo ormer is t c 
has cede rocived full exec 
decrees nothing t aid o a 
clares a right m pe et ie purfuer. Fer fe remedy 
of fufpenfion, fee decal For the exécution of de- 
crees, fee Execu 
ECREE salina, are fentences proceeding on a {ub- 
miffion to aera which is a contract entere 
1a 
in what fhall be deci ded. 
arbiters are to decide is left blank in the oe cee 
has limited the arbiters power of deciding toa year. But 
where a fubmiffion is indefinite, without fpec pane an _ 
like all other ube or obligations, it fubi fts to) 
years. 
ms) 
m, or th 
exhibition cs writin urt of feffion fupplies this. 
defect, by cane rane . aie {uit of the arbiters, or 
£ 
of 
