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No. V. IV. And be it further enacted by the authority aforesaid, That the 56 Geo. III. like proceeding may be had in the court for controverting the truth of c. 100.

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

V. And be it declared and enacted by the authority aforesaid, That a into counties

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 Brilain 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 con

VI. And be it further enacted by the authority aforesaid, That the tempt may be

several provisions made in this Act, touching the making writs of Habeas awarded in vacation against

Corpus, issuing in time of vacation, returnable into the said courts, or

for making such writs awarded in term time, returnable in vacation, as
persons dis-
obeying writsof the cases may respectively happen, and also for making wilful dis-
Habeas 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, respect-
ing 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.

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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 Cus

todia, Ward by reason of Ward.

[ No. VI. ) 52 Henry III. c. 8.—The Punishment of

those which commit Redisseisin.

c. 12.

[ No. VII.] 52 Henry III. c. 12.-Days given in Dower,

Assise of Darraine Presentment, and Quare Impedit. 1 N a plea of dower, that is called unde nihil habel, from henceforth 52 Henry III.

four days shall be given in the year at the least, and more if con• veniently 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 Process inquare impedii, of churches vacant, days shall be given from fifteen to fifteen, impedit.

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 po essoign, then he shall be • attached at another day; at which day if he come not, nor cast no es- soign, 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 claiin of the disturber for that time shall not be ' prejudicial to the plaintiff; saving to the disturber his right at another

No. VII. 52 Hen. III.

c. 12.

· time, when he shall sue therefore. The same law, as to the making of

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.'

[No. VIII.] 52 Henry III. c. 26.- What Day shall be

given to him that is vouched to Warranty.

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52 Henry III.

c. 29.

[ 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-

foretiines used, the plaintiffs 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 ori-
ginal writ to be provided therefore by the council of our Lord the
• King'

[ No. X. ] 3 Edward I. (Westminster 1.) c. 24.-The Re

medy if an Officer of the King do disseise any.

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

and Counterpleading of Voucher.

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3 Edward I.

c. 41.

[ No. XII. ] 3 Edward I. c. 41.- The Champion's Oath

in a Writ of Right.
: TOUCHING the oaths of champions, it is thus provided, because it

seldom happened but that the champion of the defendant is for-
sworn, 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.'

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[ 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 Non

age of the Heir of the Disseisor or Disseisee shall not
prejudice.

[ No. XVII. ] 3 Edward I. c. 48.—The Remedy where a No. XVII.

Guardian maketh a Feoffment of his Ward's Land. 3 Edward I, Suit by Prochein Amy.

C. 48.

[ No. XVIII. ] 3 Edward I. c. 49.—The Tenant's Plea in

a Writ of Dower. :IN a writ of dower, called unde nihil habet, the writ shall not abate

by • 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.'

3 Edward I.

c. 49.

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[ 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.)

6 Edward I.

c. 2.

{ No. XXI. ] 6 Edward I. c. 2.-In what Case Nonage

of the Plaintiff shall not stay an Enquest. : IF 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 an

swer 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 Morldauncestor.'

6 Edward I.

c. 6.

[ 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 whoin the land ought to revert after the death of such

6 Edward I,

c. 7.

No. XXV. woman, shall have present recovery to demand the land by a writ of 6 Edward I. 'entry made thereof in the Chancery.' c. 7.

[ 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 Reco

very 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.]

c. 3.

[ No. XXXII. 7 13 Edward I. c. 3.-A Cui in vita for the

Wife. Where a Wife, or he in Reversion, shall be re

ceived. 13 Edward I. 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, where · fore our Lord the King bath ordained, That a woman, after the death her deceased • 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 underdefault.

* written. If the tenant do except against the demand of the wife, that · he entered by judgment, and it be found that bis 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 • hiinself, 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 When the writ

• admitted. Likewise if tenant in dower, tenant by the law of the land, shall be receiy. or otherwise for term of life, or by gift, where the reversion is reedupon thehus

versed, do make default, or will give up ; the heirs, and they unto band's default..whom the reversion belongeth, shall be admitted to their answer if

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