A

ABATEMENT OF WRITS:

(Account.) If the writ be brought

against executors, and one of them
die, pending the writ, the writ
abates, 76-78.

If the writ be brought against A.B.
when there are two persons of that
name, father and son, the writ is
good as against the father, because
a father cannot be expected to
change his name on account of his
son, 386-388.

(Aiel.) Where it was pleaded in
abatement of a writ in respect of
land that it had been purchased
while another writ was pending in
respect of a fishery upon which
writ the land had been put in view,
and which had abated for non-
summons, it was held that the writ
in respect of the land was good,
because land could not be a fishery,
nor a fishery land, 536.
(Annuity.) If one claims as Master

of a House or Hospital, and,pending
the writ, is elected and confirmed a
Bishop, the writ does not abate,
because the creation to be a Bishop
is not complete, 4-6.

If one claims simply as A. son of B.,
and in the specialty creating the
annuity B. is further described
as "citizen of London," the writ

ABATEMENT OF WRITS-cont.

abates because not in accordance
with the specialty, 138-140; 141,
notes 2 and 4.

(Appeal of Maihem.) If, when the
Appeal is brought in the name of
husband and wife, against a husband
and wife, the concluding words of
the writ are eam appellat, the writ
abates, because a tort committed
against a woman during her cover-
ture is against the husband also,
and one committed by a wife is com-
mitted by the husband also, 200.
(Darrein Presentment.) If the last
presentation was made by the
Ordinary in right of the plaintiff,
through lapse of time, or by a
guardian, the writ is good, and the
rule that, if any one but the plaintiff
himself or his ancestor presented
the last person, the proceeding
should be by Quare impedit does not
apply, 212.

(Debt.)

Where the debtor had bound
himself and his heirs by obligation,
and a writ of Debt was brought
against the heir, it was held to be
good though the heir was not
described as heir in it, 136-138.
(Entry ad terminum qui præteriit.)
If the writ be brought in respect of
the bailiwick of a soke which is
stated in the writ to extend into
certain vills mentioned, and it be
alleged and not denied that the
soke extends into other vills not
named, the writ abates, 80-82; 83,
notes 5 and 6,

ABATEMENT OF WRITS-cont.

(Escheat.) Where it was alleged that
one committed a felony in conse-
quence of which he abjured the
realm, it was held to be immaterial
whether the words were fecit
feloniam or commisit feloniam, and
the writ was held to be good in
either case. The words abjuravit
regnum were also held to be sufficient
without any statement whether the
realm was that of England or of
France, notwithstanding the fact
that the King's style had been
changed, and it had become "King
of England and of France," 160.
(Præcipe quod reddat.) If it be
alleged by the bailiff of a liberty that
a part of the tenements demanded
is within the liberty, the other part
being without, that is no ground for
the abatement of the writ, 44.
(Quare impedit.) If there are two
vills in the same county both called
by the same name, A., without any
addition to either, and there is a
parochial church in one only of
them, the writ mentioning the
church of A. is good, 510-512.
(Scire facias.) Where it appears by
record that damages were recovered
by six persons, and the writ of Scire
facias is brought against five only,
and no mention is made in it of the
death of the sixth, it is bad, and
abates, 258.

Where two persons recover damages
in Assise of Novel Disseisin, and a
Scire facias is brought in the name
of one only, the other being dead,
the writ is quashed because it ought
to have supposed the other to be
dead, 440.

(Trespass.) If the writ is brought on
the ground that the defendant fished
in a river which is parcel of the
plaintiff's manor (named), and there
is no vill mentioned in the writ,
although the river extends into

ABATEMENT OF WRITS-cont.
divers vills, Quare will the writ
abate? 294-296.

ABBOT :

See DEBT; EXECUTION.

ACCOUNT:

A. bound himself by deed to account
to B., and B. by a collateral deed
granted that if A. executed a
statute merchant in B.'s favour for
a certain sum, on a particular day,
and at a particular place, the first
deed should be held as null. In an
action of Account brought by B., A.
pleaded the deed of defeasance, and
alleged that he went to the appointed
place on the appointed day, and
executed the statute, and left it
with the Clerk of the Statute to
deliver to B., who was not then
present. As, however, it was not in
fact delivered to B., either by A. or
by anyone on his behalf, on the
appointed day, nor tendered to B.
afterwards, and as B. could not
maintain an action without it, judg-
ment was given that A. must
account, 142-150.

A defendant in Account alleged before
auditors that he had paid a certain
sum of money to the plaintiff, and
produced tallies in proof. The
plaintiff was, nevertheless, allowed
to tender his wager of law that he
had not received the money, 448.
Where a plaintiff tendered wager of
law that he had not had any money
paid to him by the defendant, and
the defendant subsequently pro-
duced a release of all actions exe-
cuted by the plaintiff after his wager
of law had been tendered, but before
it had been completed, it was held
that the plaintiff must be discharged
from his wager of law, and must
answer as to the deed of release,
494-498; 498-500.

See ABATEMENT OF WRITS; COGNISANCE
OF PLEAS

In Annuity, where it was alleged that
a composition had been made
between a Prior and a vicar at the
time of the creation of a vicarage,
the vicar who was defendant prayed
and had aid of the Ordinary, and of
the Prior who was plaintiff, 64-70.
If execution of a fine has been awarded
to a plaintiff in Scire facias, the
limitation having been to the
plaintiff (A.) and her husband and
the husband's heirs, and the tenant
brings a writ of Error, A. cannot
then have aid of the husband's heir,
who was a stranger to the judgment,
196.

Where tenant for life in virtue of a
fine prayed aid of A., who by the
same fine had a remainder in fee
tail, it was not allowed. He then
prayed aid of the same A. on the
ground that, in default of issue
between husband and wife, there
was a further remainder to the right
heirs of B., and that A. was one of
those heirs. It was held that aid
could not be had of A. without her

co-heirs. A prayer for aid of her
and her co-parceners was then made,
but could not be allowed because of
the intervening remainder in fee
tail, 298-300.

Aid of patron and Ordinary allowed
to the chaplain of a chantry in Scire
facias on fine, 552-554.

See REPLEVIN.

AIEL:

See ABATEMENT OF WRITS.

AMENDMENT:

Of Judgment. See DOWER.

Of Record of Nisi Prius. See NISI
PRIUS.

Of Warrant of Guardian. See
GUARDIAN.

9214

Pleadings in, where the action was
brought by a Prior against a vicar
on the ground of a composition
alleged to have been made at the
time of the creation of the vicarage,
66-70; 424-426.

See ABATEMENT OF WRITS; EXECU
TION; PROCESS.

APPEAL:

Pleadings on writ of, with regard to
outlawry of the appellor, 428-434.
APPEAL TO THE COURT OF ROME:
See ATTACHMENT ON PROHIBITION;
ESSOIN; MAINPRISE.

APPEAL OF MAIHEM:

See ABATEMENT OF WRITS.
APPEAL OF Robbery:

See LONDON.

ASSISE:

See DARREIN PRESENTMENT; MORT
D'ANCESTOR; NOVEL DISSEISIN.
ATTACHMENT ON PROHIBITION :

Where, as alleged, plea had been held,
contrary to a Prohibition, in Court
Christian, touching oak-trees cut
down, and debt, the plaintiff brought
one action against the Judge who
had held the plea, and another against
two persons who had prosecuted it.
The Judge pleaded that no Prohi-
bition had been delivered to him by
the plaintiff, and that he did not
hold any plea touching the oak-
trees and the debt contrary to the
King's Prohibition, and his wager
of law thereon was accepted. Of
the other two defendants, A. and B.,
A. pleaded that he was parson of a
church and was entitled to tithe of
underwood within his parish, and
that he had caused the plaintiff to
be cited because the tithe had not
been paid, but only after a writ of
Consultation had been obtained,
absque hoc that he had prosecuted
any plea touching any great trees
or debt. Issue was joined on this
plea to the country.
B. pleaded

2 P