Page:Ruffhead - The Statutes at Large, 1763.djvu/103

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A.D. 1275.
Anno tertio Edwardi I.
C. 46–48.
57

commanded, that he return Issues at another Day before the Justices;  (4) and if the Party being attached come in at his Day to save his Defaults, he shall have the Issues;  (5) and if he come not, the King shall have them;  (6) and the King's Justices shall cause them to be delivered in the Wardrobe; and the Justices of the Bench at Westminster shall deliver them in the Exchequer;  (7) and the Justices in Eyre unto the Sheriff of that Shire where they plead, as well of that Shire,[1] as of Foreign Shires, and shall be charged therewith in Summons by the Rolls of Justices.

  1. ↑ Not in the Original.

CAP. XLVI.
One Plea shall be decided by the Justices before another commenced.

IT is provided also, and commanded by the King, That the Justices of the King's Bench ⟨and of the Bench⟩[1] at Westminster from henceforth shall decide all Pleas determinable at One Day, before any[2] Matter be arraigned, or Plea commenced the Day following, saving that their Essoins shall be entered, judged, and allowed; [3]yet, by Reason hereof, let none presume to absent himself at the Day to him limited.

  1. ↑ And of the Bench at Westminster.
  2. ↑ For before any, &c. read so that no Matter, &c.
  3. ↑ 2 Inst. 255.

CAP. XLVII.
In what Case the Nonage of the Heir of the Disseisor or Disseisee shall not prejudice.

[1]IT is provided also, That if any from henceforth purchase a Writ of Novel disseisin, and he against whom the Writ was brought as principal Disseisor, dieth before the Assise be passed, then the Plaintiff shall have his Writ of Entrie upon Disseisin against the Heir or Heirs of the Disseisor, or Disseisors,[2] ⟨or against their Heirs⟩[3] of what Age soever they be.  (2) In the same wise the Heir or Heirs of the Disseisee shall have their Writs of Entrie against the Disseisors, ⟨their Ancestors⟩[4] or their Heirs, of what Age soever they be, if peradventure the Disseisee die before that he hath purchased his Writ;  (3) so that for the Nonage of the Heirs of the one Party, nor of the other, the Writ shall not be abated, nor the Plea delayed; but as much as a Man can without offending the Law, it must be hasted to make fresh Suit after the Disseisin.  (4) And in like Manner this shall be observed in all Points for the Right of Prelates, Men of Religion, and other, to whom Lands and Tenements ⟨may in any wise come⟩[5] can in no wise descend after others Death, whether they be Disseisees or Disseisors.  (5) And if the Parties in Pleading come to an Inquest, and it passeth against the Heir within Age, and namely, against the Heir of the Disseisee, that in such Cafe he shall have an Attaint of the King's special Grace.

See 13 Ed. 1. stat. 1. c. 15. giving Right to Infants eloined to sue by Prochein Amy.

  1. ↑ Dyer 137.; 6 Co. 4.; 17 Ed. 3. 16.; 12 Ed. 4. 17.; 8 Ed. 3. 71.; 21 Ed. 3. 27.; 27 H. 6. 1.; Fitz. Age, 71.; 3 Bulstr. 137.; Regist. 229, 230.
  2. ↑ For or Disseisors, read their Ancestors.
  3. ↑ Add or against their Heirs.
  4. ↑ Add their Ancestors.
  5. ↑ May in any wise come.

CAP. XLVIII.
The Remedy where a Guardian maketh a Feoffment of his Ward's Land.  Suit by Prochein Amy.

[1]IF a Guardian or chief Lord, infeoff any Man of Land, that is the Inheritance of a Child within Age, and in his Ward, to the Disheritance of the Heir; it is provided, That the Heir shall forthwith have his Recovery by Assise of Novel disseisin against his Guardian, and against the Tenant;  (2) and the Seisin shall be delivered by the Justices (if it be re-

  1. ↑ Fitz. Assise, 105.; Bro. Assise, 491.
Vol. I.
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