Page images
PDF
EPUB
[blocks in formation]

9. And will not assign without leave.

10. And that he will leave premises in good repair.

11. Proviso for re-entry by the said lessor on nonpayment of rent or non-performance of covenants.

9. And also that the said (lessee) shall not nor will during the said term assign, transfer, or set over, or otherwise by any act or deed procure the said premises or any of them to be assigned, transferred, or set over, unto any person or persons whomsoever, without the consent in writing of the said (lessor), his executors, administrators, or assigns, first had and obtained.

10. And further, that the said (lessee) will, at the expiration or other sooner determination of the said term, peaceably surrender and yield up unto the said lessor the said premises hereby demised, with the appurtenances, together with all buildings, erections, and fixtures, now or hereafter to be built or erected thereon, in good and substantial repair and condition in all respects, reasonable wear and tear, and damage by fire, only excepted.

11. Provided always, and it is expressly agreed, that if the rent hereby reserved, or any part thereof, shall be unpaid for fifteen days after any of the days on which the same ought to have been paid (although no formal demand shall have been made thereof), or in case of the breach or nonperformance of any of the covenants and agreements herein contained on the part of the said lessee, his executors, administrators, and assigns, then and in either of such cases it shall be lawful for the said lessor, at any time thereafter, into and upon the said demised premises, or any part thereof in the name of the whole, to reenter, and the same to have again, re-possess, and enjoy as of his or their former estate, any thing hereinafter contained to the contrary notwithstanding

12. And the lessor doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said lessee, his executors, administrators, and assigns, that he and they, paying the rent hereby reserved, and performing the covenants hereinbefore on his and their part contained, shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interruption or disturbance from the said lessor, his executors, administrators, or assigns, or any other person or persons lawfully claiming by, from, or under him, them, or any of them.

12. The said (lessor) covenants with the said (lessee) for quiet enjoyment.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1814.

LIMITATION OF ACTIONS.

tions sole but

3 & 4 WILLIAM 4, Cap. 27, Secs. 29–34.- An act for the limi. tation of actions and suits relating to real property, and for simplifying

the remedies for trying the rights thereto. No lands or XXIX. Provided always, and be it further enacted, that it shall recovered by be lawful for any archbishop, bishop, dean, prebendary, parson, vicar, ecclesiastical master of hospital, or other spiritual or eleemosynary corporation nary corpora- sole, to make an entry or distress or to bring an action or suit to within two

recover any land or rent within such period as hereinafter is menincumben- tioned next after the time at which the right of such corporation cies and six sole, or of his predecessor, to make such entry or distress or bring sixty years. such action or suit shall first have accrued ; (that is to say), the

period during which two persons in succession shall have held the office or benefice in respect whereof such land or rent shall be claimed, and six years after a third person shall have been appointed thereto, if the times of such two incumbencies and such term of six years taken together shall amount to the full period of sixty years ; and if such times taken together shall not amount to the full period of sixty years, then during such further number of years in addition to such six years as will with the time of the holding of such two persons and such six years make up the full period of sixty years ; and after the said thirty-first day of December one thousand eight hundred and thirty-three no such entry, distress, action, or suit shall be made or brought at any time beyond the determination of such period. (For Secs. 30-34, See Title—“Advowsons," vol. i.

p. 108.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1814.

MARRIAGES, ENGLAND.

Co. Lit. 80.

hold in

Enforcedand

9 HENRY 3, Cap. 6. Magna CHARTA.Heirs shall be married without disparagement.--Heirs shall be married without disparage- 2 Inst. 15. ment.

Enforced by 20 H. 3, c. 6, 9 HENRY 3, CAP. 7.- A widow shall have her marriage, inheritance, and quarentine. The king's widow, fc.—A widow, after the death of her husband, incontinent, and without any difficulty, shall have her marriage, and her inheritance, and shall give nothing for Hobart 153. her dower, her marriage, or her inheritance, which her husband and she held the day of the death of her husband, and she shall tarry in Dyer, f. 76. the chief house of her husband by forty days after the death of her Bro. Dower, husband, within which days her dower shall be assigned her (if it 101. were not assigned her before) or that the house be a castle; and if Regist. fol. she depart from the castle, then a competent house shall be forth with Co. Lit. 32. b. provided for her, in the which she may honestly dwell, until her Inst. 16. dower be to her assigned, as it is aforesaid ; and she shall have in See 17 Ed. 2, the mean time her reasonable estovers of the common; and for her c. 4, for the dower shall be assigned unto her the third part of all the lands of widows who her husband, which were his during coverture, except she were

capite, not endowed of less at the church door. No widow shall be distrained to marry

without to marry herself while she chooses to live single: nevertheless she the king's shall find surety, that she shall not marry without our licence and licence. assent (if she hold of us) nor without the assent of the lord, if she 194, 196. hold of another.

amended by 20 H. 3, c. I, which gives damages to the widows who are deforced of their dowers. 20 HENRY, 3. PROVISIONES DE MERTON. It was provided in the court of our lord the king, holden at Merton on Wednesday the morrow after the feast of Saint Vincent, the twentieth year of the reign of king Henry the son of king John, before the archbishop of Canterbury, and other his bishops and suffragans, and before the greater part of the earls and barons of England, there being assembled for the coronation of the said king, and Eleanor the queen about which they were all called, where it was treated for the commonwealth of the realm upon the articles under-written, thus it was provided and granted, as well of the foresaid archbishops, bishops, earls, and barons, as of the king himself and others.

20 HENRY 3, CAP. 6.-The penalties for ravishment of a ward, forfeiture of marriage, or disparagement of a ward.-Of concerning Co. Lit. 76. a. heirs who are taken away by force, or detained by their parents, or by others, it is thus provided, that whatsoever layman be convict 9 Co. 72. thereof, that he hath by such means married any child, he shall Dyer 255.0 yield to the loser the value of the marriage; and for the offence his Bro. Forf. body shall be taken and imprisoned until he hath recompensed the 9, 12, 13. loser, if the child be married; and further, until he hath satisfied Bro. Car. 109. the king for the trespass. And this must be done of an heir being Co. Lit. &0. a, within the age of fourteen years and touching an heir being fourteen inst years old, or above unto his full age, if he marry without licence of Hob. 94, 96. his lord to defraud him of the marriage, and his lord offer him reasonable * and convenient marriage (without disparagement) then his *Not in orig.

4 Co. 82. 6 Co. 74.

[merged small][ocr errors]

e. 6.

Kel. 133.

306.

lord shall hold his land beyond the term of his age, that is to say, of one and twenty years, so long that he may receive the double value of the marriage after the estimation of lawful men, or accord. ing to what he had been offered before for the said marriage, without fraud or collusion, and after as it may be proved in the king's court. And as touching lords, which marry those that they have in ward to villains, or other, as burgesses, where they be disparaged, if any

such an heir be within the age of fourteen years, and of such age, 9 H. 3, st. I,

that he cannot consent to marriage, then, if his friends complain of Confirmed by the same lord, the lord shall lose the wardship unto the age of the Enforced by heir; and all the profit, that thereof shall be taken, shall be con13 Ed. 1, st.1, verted to the use of the heir being within age, after the disposition Regist. 161, and provision of his friends, for the shame done to him; but if he OBS. by 12 be fourteen years, and above, so that he may consent, and do consent Car. 2, c. 24. to such marriage, no pain shall follow.

20 HENRY 3, Cap. 7.-In what case the ward shall pay to his lord

the value of his marriage.--If an heir (of what age soever he be) will Dyer 25, 260,

not marry at the request of his lord, he shall not be compelled there. Fitz. Brief, unto; but when he cometh to full age, he shall give to his lord, and Fitz. Gard. pay him as much as any would have given him for the marriage 138, 153, 156. before the receipt of his land, and that whether he will marry him6 Co. 73 73. self, or not; for the marriage of him that is within age of mere right Co. Ent. 396. pertaineth to the lord of the fee. 2 Inst 92. Cro. El. 469. OBS. by 12 Car. 2, c. 21.

20 Henry 3, CAP. 9.He is a bastard that is born before the marriage of his parents.—See Title—“BASTARDY," vol. i. p. 235.

3 EDWARD 1, Cap. 22.-The penalty of an heir marrying without 2 Inst. 202. consent of his guardian. A woman ward.–Of heirs married within Stat. Merton, age without the consent of their guardians, afore that they be past 20 H. 3, c. 6. the age of fourteen years, it shall be done according as it is con

tained in the statute of Merton. And of them that shall be married without the consent of their guardians, after they be past the age of fourteen years, the guardian shall have the double value of their marriage, after the tenor of the same act. Moreover, such as have

withdrawn their marriage, shall pay the full value thereof unto their Co. Ent. 262. guardian for the trespass, and nevertheless the king shall have like . These amends, according to the same act, * of him that hath so withdrawn: words in italics are

And of heirs females, after they have accomplished the age of fournot in the teen years, and the lord (to whom the marriage belongeth) will not original.

marry them, but for covetise of the land will keep them unmarried; heir female it is provided, that the lord shall not have nor keep, by reason of of ward. marriage, the lands of such heirs females, more than two years after

the term of the said fourteen years. And if the lord within the said two years do not marry them, then shall they have an action to

recover their inheritance quit, without giving any thing for their The penalty wardship, or their marriage. And if they of malice, or by evil refusing a

counsel, will not be married by their chief lords (where they shall marriage not be disparaged) then their lords may hold their land and inherit

ance until they have accomplished the age of an heir male, that is to wit, of one and twenty years, and further until they have taken the

value of the marriage. Regist. 161. Sce 13 Ed. 1, stat. 1, c. 35, for the punishment of taking away a ward.

OBS. by 12 Car. 2, c. 24, which abolishes wardship by tenure.

When an

for a ward

tendered. Fitz, Gard, 59, 71. Bro.Gard.86. 6 Co. 71.

204.

A writ of ravishment

9 Co. 71, 74.

4 EDWARD 1, Stat. 3, Pref. & Cap. 5.-Bigamus shall not be allowed his clergy.-See Title—“BIGAMY," vol. i. p. 277.

13 EDWARD 1, CAP. 35.-- In what case do lie a writ of ravishment of ward, communi, custodia, ejectione, &c.—Concerning children The punishmales or females (whose marriage belongeth to another) taken and martiaketim carried away, if the ravisher have no right in the marriage, though away a ward. after he restore the child unmarried, or else pay for the marriage, he 3 Inst. 171. shall nevertheless be punished for his offence by two years imprison- Fitz, Gard, ment; and if he do not restore, or do marry the child after the years 31, 32, 118, of consent, and be not able to satisfy for the marriage, he shall nii,

Fitz. Judgm. abjure the realm, or have perpetual imprisonment; and thereupon 102, 116, 123, the plaintiff shall have such a writ:

150, 157, 172, Si A. fecerit te securum de clamore suo, &c. tunc pone per Bro. ravishvadium, &c. B. quod sit coram justiciariis, &c. ostensurus, quare Co. Lit. 136.b. talem hæredem infra ætatem existentem, cujus maritagium ad ipsum Hob, 93. pertinet, tali loco inventum rapuit & abduxit contra voluntatem ip- 2 Roll 354. sius A. & contra pacem nostram, &c.

And if the heir be in the same county, then this clause must be of ward. thereto added :

Regist. 163. Et diligenter inquiras, ubi ille hæres sit in balliva tua ; & ipsum Fitz. Brief, (ubicunque fuerit inventus) capias, & salvo & secure custodias, ita Rast

. 390. quod eum habeas coram præfatis justiciariis nostris ad præfatum 3 Bulst. 275, terminum, ad reddendum cui prædictorum A. vel B. reddi debeat. And suit shall be made against the party on whom complaint is

Process

against an made, until he come in by distress, if he have whereby he may be offender. distrained; or else for his contumacy, in case he be not justifiable, he shall be outlawed. And if percase the heir be married, or car. ried into another county, then a writ shall be directed to the sheriff of the same shire in this form:

Questus est nobis A. quod B. nuper talem hæredem infra ætatem A writ if the & in custodia sua existentem tali loco in comitatu tali rapuit, & de ried into anocomitatu tali ad talem locum in com'tuo abduxit contra voluntatem ther county.

Dyer 289. ipsius A. & contra pacem nostram, &c. Et ideo tibi præcipimus, quod prædictum hæredem (ubicunque in balliva tua invenire poteris) capias, & salvo & secure eum custodias, ita quod eum habeas coram justitiariis nostris, &c. tali die, quem idem A. habet versus prædictum B. ad reddendum cui de jure reddi debeat.

And if the heir do die afore he can be found, or before he can be If the heir restored to the plaintiff, the plea shall pass between them neverthe- suit ended. less, until it be tried unto whom he ought to have been restored if Fitz. Brief, he had been living. Neither shall the ravisher of such a one be excused or eased of the punishment aforesaid by the death of the heir, whom he did withhold by wrong during his life. And if the 24 Ed.3, f. 48.

11 H. 4, f.54. plaintiff die before the plea determined, if the right belong to him by reason of his proper fee, the plea shall be resummoned at the suit of the heir of the plaintiff

, and the plea shall pass in due order. But if Fitz. executhe right belongeth to him by another title, as by a title of gift, sale, tots, 52. or other such like, then the plea shall be resummoned at the suit 110,

24 Ed. 3, f. 25. of the executors of the plaintiff, and the plea shall pass as before is said. In the same manner if the defendant die before the plea be ifthe defendtried, or the heir be restored, the plea shall pass by resummons ant die. between the plaintiff, his heirs or executors, and the executors of

Fitz, Gard.

« PreviousContinue »