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No.LXIX. [ No. LXIX. ] 16 Richard II. c. 9.–The Forfeiture of 16 Rich. II.

him that compelleth any Person to answer for his Free. hold.

[At length supra.)

c. 2.

c. 7.

[ No. LXX. ] 4 Henry IV. c. 7.-The Disseisee shall

have an Assise against the Disseisor taking the Profits. : IT

TEM, Whereas in the statute made the first year of King Richard 4 Henry IV.

II. it was ordained, That where several persons did disseise other “ of their freehold, and made feoffment to divers people, as well to have i R. 2. c. 9. “ maintenance, as also to make the disseisees to be ignorant, against “ whom they ought to take their writ; that the disseisees in such case “ might take their writ against them which thereof shall take the profits, “ so that the disseisees commence their suit within the year next after is the disseisin ; and the same ordinance should hold place in every other " action or plea where such feoffments be made by fraud or collusion, " to have their recovery against such feoffers, if they thereof take the “ profits:" • Our said Lord the King thinking the said statute to be very • mischievous and prejudicial to his people, because of the shortness of

the time, by the assent of the said Lords, and at the request of the • Commons aforesaid, hath ordained and stablished, That such disseisees • shall have their action against the first disseisor, during the life of the • same disseisor, so that such disseisor thereof take the profits at the • time of the suit commenced. And as to other writs in plea of land, the demandant shall commence his suit within the year against him

which is tenant of the freehold at the time of the action accrued to • him, so that such tenant thereof take the profits at the time of such * suit commenced, notwithstanding the said statute.'

[ No. LXXI. ] 4 Henry IV. c. 8.-In what Cases a

special Assise is maintainable against a Disseisor with

Force.

[ No. LXXII.) 4 Henry IV. c. 22.-The Remedy where

by the King's Presentation any Incumbent is put forth. ITE TEM, Whereas it is ordained by the statute made the twenty-fifth 4 Henry IV.

year of King Edward, grandfather to our Lord the King, that if " the King make collation or presentment to any benefice in another's 25 Ed. 3. st. 3. "right, that the title whereupon he groundeth him should be well exa- c. 3. " mined that it be true; and at what time, before judgment given, the “ title be found by good information untrue and unjust, the colla“ tion or presentment thereof made, shall be repealed and adoulled. “ And moreover, in a statute made after in the time of King Richard, 13 R. 2. stat. 1. “ it was ordained and established, That if the King present to any bene- c. 1. “ fice that is full of any incumbent, that the King's presentee shall not “ be received by the ordinary, till the King hath recovered his present“ment by process of the law in his own court; and if any presentee of “ the King be otherwise received, and the incumbent put out without “ due process as afore is said, the same incumbent shall commence his “ suit within a year after the induction of the presentee;" "Our Lord • the King considering the great mischief of the incumbent in this be• half, hath ordained and stablished, by the assent aforesaid, That if any

c. 22.

such incumbent be put out of his benefice without due process in the * manner aforesaid, That the said incumbent so put out without process, may be at large, and sue for his remedy by the said statute and

No. LXXII. begin bis suit in this case at what time shall please him, within the 4 Henry IV. year, or after, at bis will; and that as well for time past, as for c. 22.

the time to come, notwithstanding the terın so limited by the said statute.'

[ No. LXXIII. ] 2 Henry VI. c. 16.-Persons in the

Reversion may sue for their Right to Estates, notwithstanding any Defaults committed by the former Pos

sessors.

11 Heory VI.

c. 2.

66

[ No. LXXIV.) 11 Henry VI. c. 2.- The Penalty where

a Sheriff is named a Disseisor in an Assise. ITEM, Whereas several persons do often sue assises of novel disseisin

before justices assigned against divers persons, and by craft and “ collusion to have their writs of their said assises directed to the coro

ners of the counties where their tenements be, to make execution of • the said writs, do name in their said assises the sheriff of the same county one of the disseisors, where he is not, neither ever was disseisor

or tenant of the tenements in demand, whereby oftentimes the said * assises be awarded by default of the tenants which have no knowledge " of those assises, for that they found not any assise against them in the “ file of the sheriff, nor have any suspicion of any such assise taken

against the sheriff and them;"Our Lord the King, willing in this • case't provide remedy, of the assent and authority aforesaid, hath or• daiwed, That in all such assises purchased, at this time depending, or • hereafter to be purchased, between any persons whatsoever they be, • before any such justices, in which assises any such sheriff is named • disseisor, if the tenants in the said assises or any of them will aver, • that the said sheriff is not, nor ever was, disseisor nor tenant of the • tenements in demand, but was named disseisor by collusion, the aver* ment shall be received. And if it be found by the said assise, that the • said sheriff is not, nor ever was, disseisor nor tenant of the tenements • in demand, but was named disseisor hy collusion, then the said justices • shall cause to be abated and quashed the said writ purchased, or to be

purchased in the form above said ; and that the plaintiffs or plaintiff* • be in the grievous mercy of the King.'

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[ No. LXXIV, a. ] !1 Henry VI. c. 3.--An Assise, &c.

maintainable against the Pernor of the Profits.

[ No. LXXV. ] 11 Henry VI. c.5.—The Remedy where

a Tenant granteth over his Estate, taketh the Profits, and committeth Waste.

[ No. LXXVI. ] 1 Henry VII. c. 1.--A Formedon main

tainable against the Pernor of the Profits of Lands enfeoffed to Use. The Tenant in the same Action shall have Aid Prayer, Voucher, and other Advantages, The Tenant shall have his Age and other Advantages. Recoveries against the Pernors of the Profits, and their Feoffees.

[ No. LXXVII.] 21 Henry VIII. c. 3.—Plaintiffs in

Assise may abridge their Plaints.

c. 3.

: FORASMUCH as assises, which have been thought the most speedy

No. remedy, be now, by occasion of pleading of many bars to moieties LXXVII. and parts of the lands put in view and plaint, greatly delayed by diffi- 21 H. VIII • culties and division of pleading; and one cause thereof is, because the

plaintiffs in every assise in such pleas to moieties and parties, cannot by the law abridge their plaints: For remedy whereof be it enacted, That the plaintiff in every assise from henceforth may at his pleasure sever and abridge his plaint, of any part or parts whereunto any bar is pleaded by moiety, in like manner as he or they might do in case the pleas in bar had been made and divided to any certainty or number of parts of the lands not abridged, shall be and stand good and effectual in the law. •Qua quidem billa perlecta, & ad plenum intellecta, per dic• tum dom' regem ex assensu & auctoritat parliamenti predicti taliter * est responsum. Imperfect on the Roll.

[ No. LXXVIII. ) 21 Henry VIII. c. 15.--Fermors

shall enjoy their Leases against Recoveries by feigned Titles, &c.

(See this Statute at length in Vol. I.)

[ No. LXXIX. ] 32 Henry VIII. c. 32.—Joint Tenants

for Term of Life or Years.

[This at length, Vol. I.)

[ No. LXXX. ] 31 Elizabeth, c. 3.-An Act for the 22

avoiding of privy and secret Outlawries of the Queen's

Subjects. 11. A ND for the avoiding of secret summons in real actions, without 31 Elizabeth,

c. 3. dained and enacted by the authority of this present Parliament, That A proclamation after every summons upon the land in any real action, fourteen days at shall be of the the least before the day of the return thereof proclamations of the sum- summons in a mons shall be made on a Sunday in form aforesaid, at or near to the most real action at usual door of the churches or chapel of that town or parish, where the the church land whereupon the summons was made doth lie, and that proclamation door. so made as aforesaid, shall be returned, together with the names of the summoners : And if such summons shall not be proclaimed and returned according to the tenor and meaning of this Act, then no grand cape to be awarded but alias and pluries summons, as the cause shall require, until a summons and proclamation shall be duly made and returned according to the tenor and meaning of this Act.

[See supra for more of this Act.]

PART IV.

CLASS XIX.

Distress, Replevin, and matters relating to Landlord and

Tenant.

( No. I. ] 51 Henry III. stat. 4. (De Districtione Scac

carii.)—What Distress shall be taken for the King's Debts, and how it shall be used.

[Inserted Part II, Class XII. No. 1.]

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[ No. II.) Statute of Marlebridge, 52 Henry III. (A.)

c. 1.–The Penalty of taking a Distress wrongfully. :: , ,

HEREAS at the time of a commotion late stirred up within this refusing to be justified by the King and his court, like as they ought “and were wont in time of the King's noble progenitors, and also in " his time, but took great revenges and distresses of their neighbours, “and of other, until they had amends and fines at their own pleasure " and further, some of them would not be justified by the King's offi

cers, por would suffer them to make delivery of such distresses as șs they had taken of their own authority:" It is provided, agreed, ' and granted, that all persons, as well of high, as of low estate, shall

receive justice in the King's court;(1) and none from henceforth shall • take any such revenge or distress of his own authority, without award of our court, though he have damage or injury, whereof he would have amends of his neighbour either higher or lower. And upon the • foresaid article it is provided and granted, that if any from henceforth take such revenges of his own authority, without award of the King's court, (as before is said) and be convict thereof, be shall be punished by fine, and that according to the trespass.

And likewise if one neighbour take a distress of another without award of the King's court, whereby he hath damage, he shall be punished in the same wise, and that after the quantity of the trespass. And nevertheless \ sufficient and full amends shall be made to them that have sustained : loss by such distresses.'

(B.) C. 2.- None but Suitors shall be distrained to come

to a Court. 32 Henry III

:M OREOVER, none (of what estate soever he be) shall distrain any c. 2.

to come to his court, which is not of his fee, or upon whom he . hath no jurisdiction by reason of hundred or bailiwick; nor shall take distresses out of the fee or place where he hath bailiwick or jurisdiction ; And he that offendeth against this statute shall be punished in like manner, and that according to the quantity and quality

of the trespass.' (1) By this statute it appears that the plaint, 147. The delivery of a recordari, after interthough given for expedition before the sheriff, locutory and before final judgment, is a stop

any time be removed and recorded in to all further proceedings in the county court; the Court of the King ; Gilb. Distr. 3 Ed. Bevan v. Prothesk, 2 Bur. 1151.

6

may at

(C.) C. 3.-A Lord shall not pay a Fine for distraining

No. II. his Tenant.

52 Hen. III.

c. 3. : If any, of what estate soever he be, will not suffer such distress as

he hath taken, to be delivered by the King's officers, after the law and custom of the realm, or will not suffer summons, attachments, or

The punish

ment for un* exceutions of judgments given in the King's court to be done accord

lawful distress. • ing to the law and custom of the realm as is aforesaid, he shall be * punished in manner aforesaid, as one that will not obey the law, * and . The words in That according to the quantity of the offence. And if any, of what Italics not in • estate soever he be, distrain his tenant for services and customs the original. • which he alleges to be due unto him, or for any other thing, for the The lord dis• which the lord of the fee hath cause to distrain, and after it is found training his te• that the same services are not due, the lord shall not therefore be nant shall not * punished by fine, as in the cases aforesaid, if he do suffer the dis- pay a fine. • tresses to be delivered according to the law and custom of the realm ; • but shall be amerced as hitherto hath been used, and the tenant shall * recover his damages against him.'

NON

(D.) C. 4.-A Distress shall not be driven out of the

County. And it shall be reasonable. TONE from henceforth shall cause any distress that he hath taken 52 Henry Ill. to be driven out of the county where it was taken ; and if one

c. 4. neighbour do so to another of his own authority, and without judgment, he shall make fine (as above is said) as for a thing done against the peace: Nevertheless if a lord presume so to do against his tenant, • he shall be grievously punished by amerciament. (1) Moreover, dis- Distresses shall * tresses shall

be reasonable, and not too great. And he that taketh be reasonable: * great and unreasonable distresses, shall be grievously amerced for the excess of such distresses.'

(E.) C. 15.-In what Places Distresses shall not be taken. :: IT shall be lawful (2) for no man from henceforth, for any manner

of cause, to take distresses (3) out of his fee, (4) nor in the King's bighway, (5) nor in the common street, but only to the King or his • officers having special authority to do the same.'

52 Henry III.

c. 15.

c. 21.

(F). C. 21.-Who may take Replevins of Distresses. : IT is provided also, That if the beasts of any man be taken, and 52 Henry III.

wrongfully withholden, the sheriff, after complaint made to him thereof, (6) may deliver them without let or gainsaying of him that Who may make

replevin for

beasts distrained. (1) An action of trespass cannot be main- or by reason of a leet; 1 Inst. 131. The protained for taking an excessive distress, but the vision is only in affirmance of the common law; remedy is by a special action founded on the id. 131. statute ; Hutchinson v. Chambers, 1 Bur. 379; (5) If the lord come to distrain, and see the Lynne v. Moody, 2 Str. 851 : except when the beasts within his fee, and before he can disdistress is of gold or silver, which are of a cer- train them the tenant chase them into the tain known value; Moir v. Munday, cited 1 highway, the lord may, as hath been said, disBur. 590; and see Crowther v. Ramsbottom, train them; I Inst. 131. 7 T. R. 654.

(6) This statute authorizes the sheriff to (2) The distress is not void so as to debar grant replevin upon plaint out of court, withthe lord of his avowry, but the remedy is by out writ, to an unlimited amount. In Hallett action; 1 Inst. 131.

v. Birt, Lord Raym. 218; 2 Salk. 580 ; Skin. (3) A lord may seize for a heriot custome on 674 ; 5 Mod. 248, it was ruled that the hundred the highway, for that is not a distress; 1 Inst. court could not claim such a power by pre131.

scription, as every hundred court is only an (4) This is understood of distresses by reason emanation of the county court. But in Wilof seignory, and not distresses for rent charges; son v. Hohday, 4 M. & S. 120, the court were

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