Imagens das páginas

TUKN, THE Shebot'bcolli.

Bench, if the Sheriff has no juris-
diction, as, Cmj. where it relates to
the repair of a bridge whieh is on
both sides within a liberty, 292-



In Account, a plaintiff was named J.
son of W. do B. in certain spe-
cialties, and only J. de B. in the
writ, and the writ was held good
because the defendant had had view
of the deeds, and had imparled, and
had not denied that the plaintiff was
the person, 66.

In an action of Debt variance was
alleged because the plaintiff wa6
deseribed as " Viscario " in his writ,
and as "Piscenario" in the obli-
gation on which the action was
grounded, and because the day of
the week on which the obligation
was said in the count to be dated
was Saturday, when in fact the day
of the month in the year mentioned
in the obligation did not fall on a
Saturday, 136-138.

In a writ of Covenant for a Fine of
lauds held in capite the defendant
or deforciant was named with the
addition "knight," which addition
was omitted from the charter of
license to aliene, and the fine was
for that reason inadmissible, 176.

If a plaintiff be named A. do C. in his
writ, and a record of outlawry
alleged to be against him be pro-
duced, in which the outlaw is named
A. son of B. de C, he cannot have
advantage of the variance, unless
he deny that he Ib the same person
and show that his father's name was
not B., 224-226.


If a plaintiff be named A. B. in bis
writ, and A. B. of York in a certifi-
cate of Excommunication, he cannot
have advantage of the variance
unless he deny that he is the same
person, 228.

If one be prayed and joined in aid as
cousin and heir of a particular
person, and a Protection be pro-
duced for him in which he is not
described as cousin and heir of that
person, it is disallowed, 232.


Upon arraignment for murder, when
the person killed had been wounded
in one county and taken into
another where he died of the
wound, the jury to try those of
the accused who pleaded Not
Guilty was from both counties;
but one of the accused pleaded
aulerfoits acquit, and, though the
jury in his case had been from one
of the counties only, he went quit,

An executor brought a writ of Ac-
count in one county and the de-
fendant pleaded the testatrix's
acquittance made in another
county. The plaintiff confessed
the deed, and avoided it on the
ground that at the time at which
it was made the testatrix was
married to the defendant. Jury
process at first issued to the
Sheriffs of both counties, but ex-
ccption was taken, and in the end
the jury was from one county only
—that in which the acquittancc
was executed, 174.

If, in assise, a deed pleaded in bar be
confessed and avoided, it shall be
tried in the county in which the
land is, though the witnesses be of
a foreign county. Per Sharshulle,
J., 174.


If imprisonment at the suit of one
who sued execution upon a recog-
nisance be alleged for the purpose
of saving a default in a real ac-
tion, and the demandant in the
real action maintain that the im-
prisonment was by covin and con-
sent of the tenant, the jury shall
be from the place of imprisonment
and not from the place at which
the recognisance was made, 228-


In assise of Novel Disseisin a de-
fendant pleaded nul tort because
he had recovered the tenements in
another action. The Assise found
that he had so recovered, and that
the plaintiffs in Novel Disseisin had
purchased while the other action
was pending, and had been seised.
Upon inspection of the record of
the alleged recovery it appeared
that the tenements were therein
described as being in Dunhcad
nigh West Camel, whereas the
tenements were in the assise de-
scribed as being in West Camel.
It was held that the tenements
could not be adjudged to be the
same, and that, as the Assise had
found that the plaintiffs had been
seised, the ouster of them was a
disseisin, and judgment was given
in their favour, 24-34.
In Dower issue was joined as to the
seisin of the husband, which was
found by the jury, but no enquiry
was made whether the husband
died seised, because he had by re-
lease discharged the services of
which dower wns claimed, 238-240.


In assise the recovery is according to
the view of the jurors, and may, in
accordance with the view, be of


either a greater or a less quantity
than the demand, 166.
View cannot be had, at the instance
of one party, of that which is to be
lost by the default of another, and
if there are four defendants, two of
whom make default, the view can
be had of a moiety only, 200.


Land held in. See Bondage.

Villeins. See Bondsmen.


When a demandant has allowed a
voucher, and the parol has de-
murred for non-age of the vouchee,
and the demandant afterwards
brings a new original writ, he
cannot then counterplead the
voucher of the same vouchee, 40-

Voucher of one alleged to be an
infant by the tenant and alleged to
be of full age by the demandant in
Formcdon, and process thereupon,

A woman having lease of wardship
of an heir, if she marry, and
if writ of right of wardship be
brought against her husband and
her, can vouch, 280.

A. vouches B., and B. enters into
warranty and levouches A. B.
must show special cause (as, e.ij.,
that A. enfeoffed him in fee, and
that he granted back a lease for
life to A.) before the rcvoucher
can be admitted, and the special
cause may be traversed and issue
joined thereon, 288-290.

Counterplea of voucher cannot be ad-
mitted when the demandant has
previously allowed the voucher of
the person vouched upon another
writ, 290.


Wager Op Law:

In Account, defendant may wage his
his law as to non-receipt of one
parcel, and join issue to the country
as to non-receipt of another, 172.
If in Formedon a tenant wage and
perform his law as to non-sum-
mons, and the demandant pur-
chase another writ in respect of
the same tenements, the tenant
cannot then allege non-tenure, 222-


Where the grantees of a fair were
exempted from payment of a rent
during the time during which the
holding of the fair might be pre-
vented by war, it was adjudged that
there was no exemption unless the
war was within the realm, and that
a war between France and England,
not waged on English soil, was not
within the terms of the grant, 128-
130, 132.

Lease of wardship may be pleaded
without specialty and lies in aver-
ment, 278, 880.

Wardship is a chattel interest, 278-

Though wardship is a chattel interest,
and the wardship which is a
woman's right becomes her hus-
band's upon her marriage, yet if
she survive him, she shall again


have the wardship of the person,

Writ of Right of, 26, 276.

See Abatement Op Writs.

If a husband aliene the right of his
wife with warranty, and be after-
wards vouched, and enter into
warranty, 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,
per Seropc, J. (?), 54, 60-62.

The rooting up of willows said to be
waste (though the cutting of them
is not) because when rooted up
they cannot grow again, 74-76.

A tenant may fell oaks for the repair
of the hall of the manor, or, as
expressed in the record "domo-
rum Castri," 74-76.

Execution upon judgment in action of
Waste, where the plaintiff is an
Abbot, 102-104.

If A. lease for A.'s own life to 15. and
his heirs, can A. have a writ of
Waste? 158.

If waste be assigned in lands, houses,
woods, and gardens, and, after de-
fault of the tenant, the Sheriff, to u
writ of Enquiry of Waste, return
the waste as having been com-
mitted in houses and gardens, with-
out any mention of waste in lands
and woods, he may be amerced,
and a n;w writ of Enquiry of Waste
will issue, 176-182.

Writ of, 226.


« AnteriorContinuar »