No. V.

56 Geo. III.

c. 100.

IV. And be it further enacted by the authority aforesaid, That the like proceeding may be had in the court for controverting the truth of the return to any such writ of Habeas Corpus, awarded as aforesaid, although such writ shall be awarded by the said court itself, or be returnable therein.

Court may controvert the truth of the return.

Writ may run into counties

V. And be it declared and enacted by the authority aforesaid, That a writ of Habeas Corpus, according to the true intent and meaning of this palatine,cinque Act, may be directed and run into any county palatine or cinque port, ports, and privileged places, or any other privileged place within that part of Great Britain called &c. England, dominion of Wales, and town of Berwick upon Tweed, and the isles of Jersey, Guernsey, and Man, respectively; and also in any port, harbour, road, creek, or bay, upon the coast of England or Wales, although the same should lie out of the body of any county; and if such writ shall issue in Ireland, the same may be directed and run into any port, harbour, road, creek, or bay, although the same should not be in the body of any county; any law or usage to the contrary in any wise notwithstanding.

Process of contempt may be awarded in vacation against persons dis

VI. And be it further enacted by the authority aforesaid, That the several provisions made in this Act, touching the making writs of Habeas Corpus, issuing in time of vacation, returnable into the said courts, or for making such writs awarded in term time, returnable in vacation, as obeying writsof the cases may respectively happen, and also for making wilful disHabeas Corpus obedience thereto a contempt of the court, and for issuing warrants to in cases within apprehend and bring before the said justices or barons, or any of them, stat. 31 Car. 2. any person or persons wilfully disobeying any such writ; and in case of c. 2. neglect or refusal to become bound as aforesaid, for committing the person or persons so neglecting or refusing to jail as aforesaid, respecting the recognizances to be taken as aforesaid, and the proceeding or proceedings thereon, shall extend to all writs of Habeas Corpus awarded in pursuance of the said Act, passed in England in the thirty-first year of the reign of King Charles the Second, or of the said Act passed in Ireland in the twenty-first and twenty-second years of his present Majesty, and hereinbefore recited, in as ample and beneficial a manner as if such writs and the said cases arising thereon had been hereinbefore specially named and provided for respectively.

PART IV.

CLASS XVIII.

Real Actions.

[I have thought it desirable to notice the Titles of the several Acts upon this subject, although most of them may be regarded as completely obsolete, and on that Account I have not chosen to swell the Work by inserting the Acts at large. It will appear from the List exhibited, how great an Importance was attached to the Subject in the early Stages of our Legislation. At present it meets with every discouragement, and the Court will give no assistance in case of any accidental Error in the Proceedings of the Demandant.]

[No. I.] 20 Henry III. (Merton) c. 1.-A Woman shall recover Damages in a Writ of Dower.

[Inserted ante, Part II. Class I. No. 2.]

[ No. II. ] 20 Henry III. c. 3.-Enquiry and Punishment of Redisseisin.

[No. III. ] 51 Henry III. st. 2.-Concerning general Days in Bank in Real Actions.

[No. IV. ] 51 Henry III. st. 3.-Concerning general Days in a Writ of Dower.

[No. V. ] 52 Henry III. c. 7.-Process in Communi Custodia, Ward by reason of Ward.

[No. VI. ] 52 Henry III. c. 8.-The Punishment of those which commit Redisseisin.

[No. VII.] 52 Henry III. c. 12.-Days given in Dower, Assise of Darraine Presentment, and Quare Impedit.

c. 12.

Process inquare impedit.

a plea of dower, that is called unde nihil habet, from henceforth 52 Henry III. four days shall be given in the year at the least, and more if conveniently it may be, so that they shall have five or six days at the least in the year. In assises of darraine presentment, and in a plea of quare impedit, of churches vacant, days shall be given from fifteen to fifteen, or from three weeks to three weeks, as the place shall hap to be near, or far. And in a plea of quare impedit, if the disturber come not at 'the first day that he is summoned, nor cast no essoign, then he shall be ' attached at another day; at which day if he come not, nor cast no essoign, he shall be distrained by the great distress above given; and if he come not then, by his default a writ shall go to the bishop of the same place, that the claim of the disturber for that time shall not be 'prejudicial to the plaintiff; saving to the disturber his right at another

No. VII. time, when he shall sue therefore. The same law, as to the making of 52 Hen. III.attachments, shall from henceforth be observed in all writs where at'tachments lie, as in making distresses, so that the second attachment 'shall be made by better pledges, and afterwards the last distress.'

c. 12.

52 Henry III. c. 29.

c. 41.

.

[No. VIII. ] 52 Henry III. c. 26.-What Day shall be given to him that is vouched to Warranty.

[No. IX. ] 52 Henry III. c. 29.-In what Case a Writ of Entrie sur disscisin in the Post doth lie.

IT is provided also, That if those alienations (whereupon a writ of entry was wont to be granted) hap to be made in so many degrees, that by reason thereof the same writ cannot be made in the form be'foretimes used, the plaintiff's shall have a writ to recover their seisin, without making mention of the degrees, into whose hands soever the same shall happen to come by such alienations, and that by an original writ to be provided therefore by the council of our Lord the 'King.'

[ No. X. ] 3 Edward I. (Westminster 1.) c. 24.-The Remedy if an Officer of the King do disseise any.

[ No. XI. ] 3 Edward I. c. 40.-Voucher to Warranty, and Counterpleading of Voucher.

[ No. XII. ] 3 Edward I. c. 41.-The Champion's Oath in a Writ of Right.

3 Edward I. TOUCHING the oaths of champions, it is thus provided, because it seldom happened but that the champion of the defendant is forsworn, in that he sweareth, that he or his father saw the seisine of his Lord, or his ancestor, and that his father commanded him to dereign that right; that from henceforth the champions of the demandant 'shall not be compelled so to swear: Nevertheless his oath shall be kept in all other points.'

[No. XIII. 3 Edward I. c. 42.-Certain Actions wherein after Appearance the Tenant shall not be essoigned.

[No. XIV. ] 3 Edward I. c. 43.-There shall be no Fourcher by Essoign.

[No. XV. ] 3 Edward I. c. 44.-In what Case Essoign ultra mare shall not be allowed.

[ No. XVI. ] 3 Edward I. c. 47.-In what Case the Nonage of the Heir of the Disseisor or Disseisee shall not prejudice.

[ No. XVII. ] 3 Edward I. c. 48.-The Remedy where a Guardian maketh a Feoffment of his Ward's Land. Suit by Prochein Amy.

[ No. XVIII. ]3 Edward I. c. 49.-The Tenant's Plea in a Writ of Dower.

IN

Na writ of dower, called unde nihil habet, the writ shall not abate by the exception of the tenant, because she hath received her ' dower of another man before her writ purchased, unless he can shew that she hath received part of her dower of himself, and in the same town, before the writ purchased.'

[No. XIX. ] 3 Edward I. c. 51.-Assizes and Darrain Presentments at what Time taken.

[No. XX. ] 6 Edward I. (Gloucester) c. 1.-Several Actions wherein Damages shall be recovered.

[Inserted ante, Class II. No. 1.]

[ No. XXI.] 6 Edward I. c. 2.-In what Case Nonage of the Plaintiff shall not stay an Enquest.

I

a child within age be holden from his heritage after the death of his cosin, grandfather, or great grandfather, whereby he is driven to his writ, and his adversary cometh into the court, and for his answer allegeth a feoffment, or pleadeth some other thing, whereby the 'justices award an enquest, there whereas the enquest was deferred unto the full age of the infant, now the enquest shall pass as well as if 'he were of full age.'

[No. XXII. ] 6 Edward I. c. 4.-In what Case a Cessavit is maintainable against a Tenant in Fee-farm.

[ No. XXIII. ] 6 Edward 1. c. 5.-Several Tenants
against whom an Action of Waste is maintainable.
[Inserted Part II. Class I. No. 7.]

[ No. XXIV. ] 6 Edward I. c. 6.-Where divers Heirs shall have one Assize of Mortdauncestor.

IT

T is provided also, That if a man die, having many heirs, of whom one his son or daughter, brother or sister, nephew or niece, and the other be of a further degree, all the heirs shall recover from henceforth by a writ of Mortdauncestor.”

[No. XXV. ] 6 Edward I. c. 7.-A Writ of Entry in casu proviso, upon a Woman's Alienation of Dower. ALSO if a woman sell or give in fee, or for term of life, the land

that she holdeth in dower; it is ordained, That the heir, or other to whom the land ought to revert after the death of such

No. XVII.

3 Edward I.

c. 48.

3 Edward I.

c. 49.

6 Edward I. c. 2.

6 Edward I. c. 6.

6 Edward I. c. 7.

No. XXV.

6 Edward I.

c. 7.

13 Edward I. c. 3.

her deceased

default.

woman, shall have present recovery to demand the land by a writ of entry made thereof in the Chancery.'

[No. XXVI. ] 6 Edward I. c. 10.-The Husband and Wife being impleaded, shall not fourch by Essoign.

[ No. XXVII. ] 6 Edward I. c. 11.-A feigned Recovery against him in the Reversion, to make the Termor lose his Term.

[No. XXVIII. ] 6 Edward I. c. 12.—One impleaded in London voucheth Foreign Warranty.

[No. XXIX. ] 6 Edward I. c. 13.-No Waste shall be made hanging a Suit for the Land.

[ No. XXX. ] 9 Edward I.-A Correction of the Twelfth Chapter of the Statute of Gloucester, touching calling Foreigners to Warranty in London.

[ No. XXXI.] 13 Edward I. (Westminster 2) c. 1.—In Gifts in Tail the Donor's Will shall be observed. The Form of a Formedon.

[Inserted Part II. Class 1. No. 8.]

[ No. XXXII. ] 13 Edward I. c. 3.—A Cui in vita for the Wife. Where a Wife, or he in Reversion, shall be received.

66

IN case when a man doth lose by default the land which was the right of his wife, it was very hard that the wife, after the death of A cui in vita for "her husband, had none other recovery but by a writ of right;"wherethe wife, wherefore our Lord the King hath ordained, That a woman, after the death of her husband, shall recover by a writ of entry (whereto she could husband lost by not disagree during his life) which shall be pleaded in form under'written. If the tenant do except against the demand of the wife, that ‹ he entered by judgment, and it be found that his entry was by default, whereto the tenant of necessity must make answer, if it be demanded of him, then he shall be compelled to make further answer, and to shew his right according to the form of the writ that he purchased before against the husband and the wife. And if he can verify that he hath right in the land demanded, the woman shall gain nothing by her writ; which thing if he cannot shew, the woman shall recover the land in demand; this being observed, that if the husband absent ⚫ himself, and will not defend his wife's right, or against his wife's con'sent will render the land, if the wife do come before judgment, ready to answer the demandant, and to defend her right, the wife shall be 'admitted. Likewise if tenant in dower, tenant by the law of the land, or otherwise for term of life, or by gift, where the reversion is reedupon the hus-versed, do make default, or will give up; the heirs, and they unto whom the reversion belongeth, shall be admitted to their answer if

When the writ shall be receiv

band's default.