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A second Protection allowed on a
The writ for the King claiming to
present in right of one whose land
form, 12-14, 144-146.
of the ancestor of a subject who
vacancy of the Priory, 70.
was not retrospective, and did not
thereto, 122, 138-142.
withstanding a writ from the King
the ground that it had been aliened
RATIONABILIBUS Divisis, 232.
If in a Præcipe quod reddat the tenant
traverse the ground of action, and
Edw. I. (Westm. 2), c. 3, 106-110.
which it was alleged that the tenant
of life by lease from the wife, 158.
B., who makes default, and C.
way, 178, 180.
having departed in contempt of
to defend his right, 230.
persons, when one made default, an
Elegit, after execution sued upon
a recognisance, and the original
freeholder has granted a rent charge
on the same land on a day subse-
quent to the making of the recog-
nisance, the tenant by Elegit holds
discharged, and may plead in dis-
charge in a Replevin, 254–260.
The defendant avowed for homage
and rent in arrear in respect of 29
acres of land. The plaintiff alleged
that he held by services other than
those stated in the avowry 84 acres
of the defendant, and that of these
84 acres 16 were held in service
and 68 in demesne, and that the
place of taking was parcel of the
84 as one entire tenancy (or, as
appears in the record, as parcel of
the 68 acres). Issue was joined on
the replication that the plaintiff
held of the avowant the 29 acres
of land, of which the place of
taking was parcel, severally and
by the services stated in the avowry,
Avowry for rent because tenant for
life of the rent aliened it in fee,
whereupon the avowant who was
reversioner entered upon the rent,
and he avowed for arrears. The
plaintiff pleaded that the alienor
had the rent in fee. Issue was
joined thereon. It was found that
the alienor had the rent for life
only, whereupon the avowant had
the Return adjudged irreplevisable,
bailiffs, who took only on behalf
of their principal, they are never
theless liable for damages, 254–
A writ was brought against both
principal and bailiff, and abated as
avowry, and simple plea that nothing
was in arrear, 316,
Where a vouchee warrants, and joins
the mise, and afterwards makes
had been named as defendant in a
farm of a fair assigned in dower by
voucher nor other delays, 76.
upon recognisance in which he was
See ABATEMENT OF WRITS.
Question as to reservation of, under
the terms of a certain deed, 72.
If a Sheriff make livery of land in one
vill, when his warrant is to make
Sharshulle, J.), 30.
Sheriff is party, if the opposite party
that a vouchee has been summoned
SCIRE FACIAS :
In the King's Bench there may be a
Scire facias for execution upon
in Quare impedit. The King's
that the plaintiff in the Scire facias
| STATUTE MERCHANT-cont.
directing the Sheriff to make no
execution or delivery to C., until a
writ at B.'s suit had been served, 62.
and the obligor then produces in
Chancery the obligee's deed of re-
lease, and has thereupon a writ (of
Audita Querela] to the Justices,
and writs issue to hold the obligor
to mainprise and to warn the obligee
not pursue his writ, the obligor and
his main pernors shall be taken, but
only if it is clear that the default is
not that of the Sheriff, 82-84.
imprisoned at the suit of the obligee
sued an Audita Querela, alleging a
release by the obligee. At the
hearing he produced two acquit-
tances, one special, the other general.
He was compelled to hold to one
only, and held to the general acquit-
tance which was denied and upon
which issue was joined. He had to
find surety for the amount and to
abide the finding of the jury, 204-
livery of lands which had been
extended in execution on Statute
Merchant, and he is commanded to
make the livery, 238.
3 Ed. I. (Westm. 1), c. 40, 40.
6 Ed. I. (Stat. Glouc.), c. 1, 154.
7 Ed. I. (De Religiosis), 334.
13 Ed. I. (Westm. 2), c. 1 (de donis
STATUTES CITED -cont.
23 Ed. I. Stat. 3 (Artic. sup. chart.),
c. 16, 82.
c. 5, 82.
The Statute 14 Edward III., Stat. 4,
c. 2, as to presentation to a church
By production in Court under the
Great Seal, 138, note 1.
When a woman takes a husband she
loses every surname except that of
respect of his temporalities in the
and driving them into another
cause supposed, 88–92.
court of Ancient Demesne for con-
King's Bench by a Justice of that
to enter the Court, 324–326.
See ABATEMENT OF Writs.
A presentment at the Turn is quashed,
upon writ of Error in the King's
Letters or writs under the seal so
Distress for. See Trespass.
If a demand be for a toft, and it be
alleged in abatement of the writ
sufficiently good, 234-238.
Action of Trespass for taking the
borse of a Prior against the peace.