An advowson is not forfeited when appropriated without the King's license if, at the time, it be of the patronage of persons in religion, because it is already in mortmain (Per Willoughby, Ch. J.), 14. Where tenant in capite alienes land and advowson without the King's license, though the land pass,
the advowson does not, but shall immediately be adjudged to be in the King's seisin. (Per Wil- loughby, Ch. J.), 20.
If one seised of a manor to which an advowson is appendant aliene the manor with the appurtenances, save a certain number of acres of land, the advowson passes, 22, 148. See QUARE IMPEDIT. AID-PRAYER:
Aid allowed in Scire facias, 76, 100-
It is a good counterplea to aid-prayer to say that the person praying aid ought not to have it because he is in by abatement, 100-102. The Master of a Hospital prayed aid of the patron and of the Ordinary, but as the Master was elected by his fellow-brethren, he could not, though presented by the patron to the Ordinary, have aid, any more than a Prior or Abbot or Head of any Collegiate House having a common seal, 208-210, 218. Bailiffs having prayed aid of their principal, in an action of Replevin,
AID-PRAYER-cont.
where they alleged that the taking was for a rent charge and the plaintiff alleged that the deed granting the rent charge was of later date than a recognisance in execution of which he became tenant by Elegit, the bailiffs could could not have aid until they had joined issue as to whether the lands were charged on the day of the making of the recognisance, 254- 260.
A writ of Replevin having been brought against principal and bailiff, and having abated as against the principal for omission of his addition of degree, the bailiff made cognisance for services in arrear, the plaintiff pleaded hors de son fee, and the bailiff prayed, and had aid, 272-274.
AIEL. See PLEADING. ANCIENT DEMESNE:
If after removal into the Common Bench the bailiffs of a Court of Ancient Demesne continue to hold a plea until the party is ousted from his land, he can recover damages against them by action of Trespass, 230-232.
If, at the instance of the tenant, a cause be removed out of a Court of Ancient Demesne into the Court of Common Pleas, he can have an essoin in the latter Court, 272.
ANNUITY :
Writ of, 124.
APPEAL :
Arraignment of defendants at the suit of the King, after non-suit of the appellant in appeal of murder, 154- 156.
Outlawry on appeal of mayhem, 226. APPEARANCE:
In trespass appearance in person is good, though Non est inventus be returned to a writ of Capias; but
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. ATTACHMENT:
The writ of Attachment following a writ de corodio habendo called a writ of Contempt, 310-314. ATTACHMENT ON PROHIBITION :
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
ATTACHMENT ON PROHIBITION-cont.
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 cognisce 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 had 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,
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 sue 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, 54.
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.
Talbot v. Wilynton and wife, 102,
The case of John de Redenesse, 246,
Of a parson by a Bishop, in pleading, 112, note 1.
COGNISANCE OF PLEAS:
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 be 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. COLLUSION. See EXECUTION. CONTEMPT :
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.
COURT CHRISTIAN :
Jurisdiction of, 156-158.
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 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-
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
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