Imagens das páginas


| AID-PRAYER --cont.
See ABATEMENT OF WRITS ; where they alleged that the taking

was for a rent charge and the

plaintiff alleged that the deed
A writ abated as to one whose addition

grant'ng the rent charge was of
of degree was omitted therefrom,

later date than a recognisance in
272, 274.

execution of which he became

tenant by Elegit, the bailiffs could
Of wife, reversioner, &c., to defend.

could not have aid until they had

joined issue as to whether the lands

were charged on the day of the
An advowson is not forfeited when

making of the recognisance, 254-
appropriated without the King's

license if, at the time, it be of the A writ of Replevin having been
patronage of persons in religion,

brought against principal and
because it is already in mortmain

bailiff, and having abated as against
(Per Willoughby, Ch. J.), 14.

the principal for omission of his
Where tenant in capite alienes land

addition of degree, the bailiff made
and aåvowson without the King's

cognisance for services in arrear,
license, though the land pass,

the plaintiff pleaded hors de son
the advowson does not, but shall

fee, and the bailiff prayed, and had
immediately be adjudged to be

aid, 272-274.
in the King's seisin. (Per Wil AIEL. See PLEADING.
loughby, Ch. J.), 20.

If one seised of a manor to which an

If after reinoval into the Common
advowson is appendant aliene the

Bench the bailiffs of a Court of
manor with the appartenances, save

Ancient Demesne continue to hold
a certain number of acres of land,

a plea until the party is ousted from
the advowson passes, 22, 148.

his land, he can recover damages

against them by action of Trespass,

Aid allowed in Scire facias, 76, 100– If, at the instance of the tenant, a

cause be removed out of a Court
It is a good counterplea to aid-prayer

of Ancient Demesne into the Court
to say that the person praying aid

of Common Pleas, he can have an
ought not to have it because he is

essoin in the latter Court, 272.
in by abatement, 100-102.

The Master of a Hospital prayed aid Writ of, 124.

of the patron and of the Ordinary, APPEAL :
but as the Master was elected by Arraignment of defendants at the suit
his fellow-brethren, he could not,

of the King, after non-suit of the
though presented by the patron to

appellant in appeal of murder, 154-
the Ordinary, have aid, any more

than a Prior or Abbot or Head of Outlawry on appeal of mayhem, 226.
any Collegiate House having a | APPEARANCE :
common seal, 208-210, 218.

In trespass appearance in person is
Bailiffs having prayed aid of their

good, though Non est inventus be
principal, in an action of Replevin, returned to a writ of Capias; but


appearance by attorney is other-

wise, 80.

Quare impedit in respect of, 174.
Assise :

Does not lie for the farm of a fair,

128, 130.
See ABATEMENT OF Writs; Mort



No attaint against, when they find

matters which are not within their

cognisance (per Sharshulle, J.), 28.
No regard to be had to any mention

of a record in their verdict, unless
the record is ascertained to exist

(per Stonore, Ch. J.), 28, 30.

The writ of Attachment following a
writ de corodio habendo called a

writ of Contempt, 310-314,

Attachment was sued against the

Official of the Court of Arches,
otherwise described as one of the
Vicars General of the Archbishop
of Canterbury (in the absence
of the Archbishop), because he
would not grant Letters of Absolu-
tion in respect of a sentence of
excommunication, though the ex-
communicate had made satisfaction,
and so the excommunicate was de-
layed of his suit in the King's Court.
It was alleged by the defendant that
although the excommunicate had
been absolved as to a particular
sentence, there were other sentences
of excommunication, and that by
ecclesiastical law he could not
have Letters of Absolution until he
had been absolved with regard to
the whole. As it was maintained
by the excommunicate that he had
been absolved with regard to the


whole, a writ was sent to the Arch-
bishop of Canterbury to certify as

to the facts, 156–158.

There cannot be attaint when jurors

of Assise find matters which are
not within their cognisance (per

Sharshulle, J.), 28.

Question whether attornment is

obligatory when the cognisee in the
Fine is insufficient to warrant and
acquit, 74.
The King said not to be estranged
from his tenant, though the tenant

attorn to another, 80.
Attornment by bondsmen (bondes")

in respect of lands held in “bond-

age," 166.
It was supposed in a writ of contempt

that A., having been joint tenant
with her deceased husband, held
for life, and had refused to attorn
to B., to whom the King bad granted
the reversion (as by the report) or
the remainder (as by the record)
upon the forfeiture of the son of A.
and her husband. She pleaded that
she was tenant in tail, she and her
deceased husband having been
tenants in special tail by virtue of
a fine. B. replied that she held for
life at the time of the King's grant
to him. She rejoined that she then
and still held in tail and not for life
only, and issue was joined thereon,





If a husband aliene the right of his
wife with warranty, and be after-


wards vouched, and enter into war-
ranty, he has returned to the
position in which he was before the
alienation, and pleads not in his
own right, but as in right of his

wife, 54, 60-62.
If a woman having lease of the ward-

ship of the person of the heir
marry, she must be named in any
writ of Right of Wardship brought
against her husband, though ward-
ship be only a chattel interest ;
she is entitled to a voucher, and, if
she survive her husband, she shall
again have the wardship, 280.
A feme covert may be and sue as

executrix, but she must suc jointly
with her husband, 318, 320.
A woman who takes a husband loses

every surname except that of “ wife

“of” her husband, 322.

Trial of, in assise of Novel Disseisin,

Bastardy cannot be tried in the court

of a liberty, and the court has no
power to send a writ to the Bishop

to try it, 292.

Coercion of a parson by a Bishop, in

pleading, 112, note 1.
A Bishop being lord of a liberty, and

having cognisance of pleas, cannot
in that capacity send a writ to him-
self in the capacity of Ordinary to

try a question of bastardy, 292.
But it is otherwise in the case of the

Bishop of Durham (who has a

Palatinate), 292.

Attornment in respect of lands held

in “bondage,” 166.

Attornment by bondsmen (bondes "),



A Sheriff, having in his Turn enquired

who ought to make and repair a
bridge, and having amerced and
distrained the person who was,
according to the presentment,
liable, the matter was by writ of
error brought into the King's
Bench. It was alleged on behalf
of the person distrained that the
bridge was on one side within one
liberty and on the other within
another liberty, and issue was
joined as to this question of fact.
It was found that the bridge was in
liberties where no previous Sheriff
had taken an Inquest. It was ad-
judged that the Sheriff having acted
without jurisdiction, and so commit-
ted a trespass, should be amerced,
that the presentment should be
quashed, and that the amerce-
ments should be returned to the
person presented as liable in the

Turn, 292-308.

If a place be improved by building,

during a disseisin, the plaintiff in
assise of Novel Disseisin cannot
recover damages, 168-170.


Reference to, for the purpose of

ascertaining the day of the week
on which a date fell in a particular

year, 136.

The Earl of Devonshire v. Lucy, 36.
Ros of Hamelake v. Lacy, 62.


Talbot v. Wilynton and wife, 102,

note 1.
The case of John de Redenesse, 246,


Of a parson by a Bishop, in pleading,

112, note 1.

Cognisance allowed to a liberty after
the parties had had day by Prece

Partium in the King's Court, 86.
If cognisance be allowed, and a ques-

tion arise in the court of the liberty
which cannot be tried there (as
e.g., bastardy), and cognisance he
again prayed on the same original

writ, it cannot be granted, 290-292.
The court of a liberty has no power

to send a writ to the Bishop as to
an allegation of bastardy, nor can
even a Bishop, being lord of a
liberty, in such a case, send a writ

to himself as Ordinary, 292.

Admission of wife's heir to defend

his right upon departure of tenant
by the curtesy in contempt of

Court, 230.
A writ issues to take parties depart-

ing in contempt of Court, 230-232.
A writ of Attachment following a writ

de corodio habendo described as a

writ of Contempt, 310-314.
A “writ of Contempt,” in the form of

the King's writ close, was directed
to an alleged tenant for life who
refused to attorn to the King's
grantee of the reversion (as in the
report) or of the remainder (as in

the record), 314-316.
Insulting words having been addressed

to a Justice of the Court of King's
Bench on his way into the Court,
in the presence of other Justices,
he brings a Bill of Trespass in that


Court, on which the defendant is

attached, 324-326.
Record of the case last above men-

tioned, 326–331.

If, on the King's request, but not as a
matter of right, persons be admitted
into a religious House which is not
of the foundation of the King or
his progenitors, and if on a sub-
sequent occasion the King direct
to the same House a writ de corodio
habendo, the House is not bound to
admit the King's nominee, and if,
upon refusal, a writ of Attachment
be brought against the Head of the

House, he shall go quit, 308-315.

When issue has been joined in a case

in which the Sheriff is a party, jury
process is directed to the Coroner

if the opposite party desire it, 36.
If a Sheriff make a false return, a
writ issues to the Coroner to cause
the Sheriff to come and answer

thereto, 238.
Jury process issues to Coroner when

issue is joined upon question of
fact upon assignment of error in
relation to presentment at Sheriff's

Turn, 292-308.

Writ of Entry sur disseisin wrongly

described in report as writ of Cosi.

nage, 119, note 9.
Feoffment made to the tenant by a

cousin (A.) of the demandant other
than the cousin (B.) upon whose
seisin the demandant claims is a
bar to the action, even though A.
may have died during the life of B.,
but the deed of B. himself is not a

bar, 132–136.

Jurisdiction of, 156-158.



In action of Mesne, 124.
Upon Scire facias in the Exchequer,

130, 132.
In assise of Novel Disseisin at com-

mon law and under the Statute of

Gloucester (6 Ed. I.) c. 1, 152-154.
No damages in assise of Novel Dis-

seisin if the tenant improve the
place by building during the dis-

seisin, 168–170.
Damages in Replevin against bailiffs
who have taken only on behalf of

their principal, 256–260.
If any one have been amerced and dis-

trained, for non-repair of a bridge,
upon presentment in a Sheriff's
Turn, and the presentment be
quashed upon writ of error as
coram non judice, he shall have
return of the amercement, but no

damages, 292–294.

When in action of Debt an acquittance

is produced and denied, and the
defendant afterwards makes default,
the acquittance is held bad, and the
plaintiff has judgment for the debt

and damages, 36-38.
Cognisance of plea of Debt allowed

to a liberty, 86.
An obligation had been made to a

man and his heirs, and the heir
brought an action of Debt. The
obligor pleaded in bar an acquit-
tance given by the obligee's execu-
tor. The plaintiff was put to
answer to the acquittance, and the
Court held that the heir could not
have an action while there was an

executor living, 94-100.
Partition having been made between

two co-parceners, an action of
Debt was brought by one against

the other for the difference between
the values of the two shares which,
as alleged, the defendant had
agreed to make good to the plain-
tiff. Issue was joined as to the
agreement, as to which no specialty
was produced, and upon verdict for
the plaintiff she recovered the

amount and damages, 104-106.
In an action of Debt on an obligation,

a defeasance was pleaded with the
condition that if the defendant
should enfeoff the plaintiff of a
certain rent the obligation should
be null, but without any limitation
of time for the feoffment. Issue
was joined as to whether the de-
fendant had always been ready to

enfeoff, 110-112.
In an action of Debt on an obligation

the following exceptions were
taken :-that there was a variance
between the count and the obliga-
tion, because the day of the week
mentioned in the count did not
agree with the day of the month
and the year mentioned in the
obligation, that there was a
variance between the writ and the
obligation in respect of the addition
of the plaintiff, and that there was
false Latin in the obligation,

Execution cannot be had in lands

aliened between verdict and judg-
ment, 206,208.
If the plaintiff be outlawed and the

record of outlawry be produced
at any time before the giving of
judgment, the judgment will be for

the defendant, 224-226.

When, in a Præcipe quod reddat, there

are two tenants, one of whom
makes default after default, the
other must take upon him the
tenancy of the entirety, or, if he do

« AnteriorContinuar »