The writ for the King claiming to present in right of one whose land is seized into his hand is in general form, 12-14, 144-146.
Where a Priory was of the foundation
of the ancestor of a subject who and whose ancestors had always had the presentations appendant to the Priory when it was vacant, and the subject had conveyed all his lands, advowsons, &c. to the King in fee, it was not denied that the King had the right to present when a church became vacant during the vacancy of the Priory, 70.
The statute 14 Ed. III., stat. 4, c. 2, was not retrospective, and did not apply to presentations made or writs of Quare impedit brought previously thereto, 122, 138–142. Defendant compelled to answer, not- withstanding a writ from the King to the Justices, and although the King was plaintiff, 140.
Quare impedit in respect of an arch- deaconry, 174.
Scire facias upon judgment in Quare impedit, 174-176.
Claim of advowson for the King, on
the ground that it had been aliened in mortmain without license, 334- 336.
See PLEADING; SCIRE FACIAS.
RATIONABILIBUS DIVISIS, 232. RECEIPT:
If in a Præcipe quod reddat the tenant traverse the ground of action, and one claiming to have the reversion expectant on the determination of the tenant's term for life pray to be admitted to defend his right, he cannot be so admitted (even though there be reason to suspect collusion between demandant and tenant) because his case is not within 13 Edw. I. (Westm. 2), c. 3, 106-110. Upon a writ of Entry sur disseisin, in which it was alleged that the tenant disseised the demandant's ancestor, a man and his wife were admitted, after the tenant's default, to defend their right, though their allegation was (contrary to the form of the writ) that the tenant held for term of life by lease from the wife, 158. If A. bring an action of Waste against B., who makes default, and C. prays to be admitted to defend his right on the ground that the estate is to B. and C. and the heirs of C., he cannot be admitted, because a recovery in the action of Waste would be a disseisin to him, and he would have his remedy in another
Tenant by the curtesy of England
having departed in contempt of Court, the wife's heir was admitted to defend his right, 230.
In a Præcipe quod reddat against two persons, when one made default, an alleged reversioner prayed to be admitted, and subsequently another alleged reversioner, and it was held that both must be answered, and that' however many might pray to
be admitted, each for a separate cause, they must all be answered, and that it was not necessary to give a decision with regard to one prayer for admission before hearing another, 242-254.
Demandant counterpleaded a rever- sioner's prayer to be admitted, on the ground that the reversioner had purchased the tenements, pending the writ, and issue was joined as to the fact, 274.
Upon supposed reversioner's prayer
to be admitted, as son and heir of one entitled to the reversion, it was alleged that he had an elder brother living. Issue was joined as to whether he had an elder brother living who was the son of his father, 332-334,
RECOGNISANCE. See STATUTE MER-
REMOVAL OF CAUSES, 230-232.
Entry upon, 78, 164.
Feoffment of, 110-112, 164.
In assise of Novel Disseisin, the plaint must contain the words "with the appurtenances" where rent service is in question, but it is immaterial whether the plaint do or do not contain those words where rent charge is in question, 182.
If tenant for life, or tenant by the curtesy charge, and the reversioner afterwards confirm the rent, the confirmation is good, 188.
If a grant of rent be made which is void in law, and rent be paid to the grantee, and if the grantee bring assise and the grantor do not counterplead it so as to defeat the grantee's estate, and the grantee recover, the title is good as between the grantor and grantee. Sharshulle, J., 188, 194.
Title to rent charge is not good without deed, 214.
If one become tenant of land by 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, 66-70.
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, 76-78.
If the action be brought against bailiffs, who took only on behalf of their principal, they are never theless liable for damages, 254- 260.
REPLEVIN-cont. A writ was brought against both principal and bailiff, and abated as against the principal for omission of his addition of degree. The bailiff made cognisance for services in arrear, to which the plaintiff pleaded hors de son fee, and upon that plea issue was joined. The bailiff then had aid of his principal, 272-274.
Tenancy admitted in accordance with avowry, and simple plea that nothing was in arrear, 316,
Where a vouchee warrants, and joins
the mise, and afterwards makes default, judgment is given for the demandant to recover to him and his heirs for ever against the tenant, quit of the tenant and of the vouchee and of their heirs for ever, and for the tenant to recover over to the value against the vouchee, 104.
In the King's Bench there may be a Scire facias for execution upon judgment in assise of Novel Dis- seisin, after removal into that Court from the country, though only forty days have elapsed since the assise passed, 152.
Sci. fa. upon judgment for the King in Quare impedit. The King's charter revoking his presentation was produced on behalf of the de- fendant, but, as there was no writ to stay proceedings, the Court did not notice the charter, and adjudged execution for the King, 174-176. Sci. fa. upon a fine. It was pleaded
that the plaintiff in the Scire facias
had been named as defendant in a writ of assise of Novel Disseisin by which the tenements had been recovered, and, though acquitted of the disseisin, was heir of the dis- seisors, and that the fine was mesne between the disseisin and the reco- very. Against this was tendered the averment that the supposed disseisee never had anything in the tenements. Notwithstanding the record of the assise, issue was in the end joined as to whether the recoveror in assise was seised before the fine was levied, 42-48. Sci. fa. in the Exchequer, for the farm of a fair assigned in dower by the King, with judgment thereupon for recovery of the amount with damages, 124-132.
Aid is allowed in Sci. fa., but neither voucher nor other delays, 76.
Aid in Sci. fa., 100–102.
Sci. fa. against executors of testator upon recognisance in which he was obligor, 318-320.
See ABATEMENT OF WRITS. SEIGNORY:
Question as to reservation of, under the terms of a certain deed, 72. See MESNE.
SERVICE ROYAL, 72. SHERIFF:
If a Sheriff make livery of land in one vill, when his warrant is to make livery of land in another vill, he is a disseisor, and the consent of the parties makes no difference (per Sharshulle, J.), 30.
Jury-process sent to the Coroner when Sheriff is party, if the opposite party desire it, 36.
If a Sheriff make a false return (e.g. that a vouchee has been summoned when in fact the vouchee has long been dead) the Court of Common Pleas will proceed in accordance
with the return, and the party aggrieved must seek his remedy be- fore Justices of Assise, 82. Duties of Sheriff, in relation to exe-
cution for damages in assise of Novel Disseisin, under Stat. Glouc. (6 Ed. 1), c. 1, 154.
A Sheriff may be amerced if to a writ of enquiry of Waste he make a return which is imperfect, e.g. if he return only as to waste in houses and gardens, when waste assigned also in lands and woods, 176-182.
If, in execution upon Statute Merchant, the Sheriff do not make livery of the lands which have been extended, he is amerced and commanded to make livery, 238.
If to a Fi. fa. a Sheriff return that he has levied so much, but does not dare to send it for fear of robbery, he shall be amerced for not having the money ready, 238.
If a Sheriff make a false return, a writ issues to the Coroner to cause him to come and answer thereto, 238. If a Sheriff, upon presentment in his Turn, amerce and distrain any one for non-repair of a bridge, and upon a writ of Error in the King's Bench it be found that the two sides of the bridge were within liberties, where the Sheriff had no jurisdiction, he has committed a trespass, and the presentment shall be quashed, the amercements returned, and the She- riff himself amerced, 292-308. SINE ASSENSU CAPITULI. See ENTRY. SINE ASSENSU FRATRUM. See ENTRY. STATUTE MERCHANT:
A. was bound in two several recog- nisances, whereof one (to B.) was of earlier date than the other (to C.), and C. sued under the Statute and had award of execution. B. prayed and had a Supersedeas
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. Where execution has been awarded, 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 to show cause, and the obligor does not pursue his writ, the obligor and his mainpernors shall be taken, but only if it is clear that the default is not that of the Sheriff, 82-84. One of three obligors who had been 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-
A Sheriff is amerced for not making
livery of lands which had been extended in execution on Statute Merchant, and he is commanded to make the livery, 238.
STATUTES CITED:
9 Hen. III. (Magna Charta), c. 36,
52 Hen. III. (Stat. Marlb.), c. 4, 90. 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 conditionalibus), 10.
13 Ed. I. (Westm. 2), c. 3, 108, 110. 13 Ed. I. (Westm. 2), c. 11, 10. 13 Ed. I. (Westm. 2), c. 31, 54. 13 Ed. I. (Westm. 2), c. 39, 82, 160. 13 Ed. I., St. 3, 82.
23 Ed. I. Stat. 3 (Artic. sup. chart.), c. 16, 82.
12 Ed. II., Stat. 1 (Statute of York), c. 5, 82.
1 Ed. III., St. 2, c. 12, 12, 144. 14 Ed. III., c. 17, 210, 218.
14 Ed. III., Stat. 4, c. 2, 122, 138, 142.
STATUTES, CONSTRUCTION OF:
The Statute 14 Edward III., Stat. 4, c. 2, as to presentation to a church by the King in another's right, was not retrospective, and did not apply to presentations made or writs of Quare impedit brought previously thereto, 122.
STATUTES, PROof of :
By production in Court under the Great Seal, 138, note 1.
respect of his temporalities in the vill in which the taking was. Re- plication of Prior that the defendant took of his own wrong, absque hoc that the Prior had anything in the said vill taxable among the laity, or was assessed at any sum, and issue thereon, 86-88.
Action of Trespass for taking beasts,
and driving them into another county and there detaining them. Justification on the ground of dis- tress for services due for land held as of an honour which extended into several counties, the beasts having been driven to the "capitale manerium" of the honour, and there impounded. It was not disputed that this might be legally done for the cause thus stated, and issue was joined as to whether the taking was against the peace and not for the cause supposed, 88-92.
Action of Trespass against bailiffs of
court of Ancient Demesne for con- tinuing to hold a plea until the plaintiff in Trespass was ousted from his land after the cause had been removed into the Common Bench. The plaintiff in Trespass recovered damages, notwithstanding the fact that he might have had a remedy by assise of Novel Disseigin, 230– 232.
A Bill of Trespass was brought in the King's Bench by a Justice of that Court for insulting words addressed to him, in contempt, in the presence of other Justices, when he was about to enter the Court, 324–326. Record of the case last above men- tioned, 326-331.
See ABATEMENT OF WRITS. TURN, THE SHERIFF'S:
A presentment at the Turn is quashed, upon writ of Error in the King's
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