Page:Ruffhead - The Statutes at Large, 1763.djvu/104

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58
C. 49–51.
Anno tertio Edwardi I.
A.D. 1275.

covered) to the next Friend of the Heir (to whom the Inheritance cannot descend) for to improve to the Use of the Heir, and to answer for the Issues unto the Heir, when he shall come unto his full Age;  [1](3) and the Guardian, during his Life, shall lose the Custody of the Thing recovered, and all the Inheritance that he holdeth by Reason of the Heir.  (4) And if another Guardian, than the chief Lord do it, he shall lose the Wardship of all together, and be grievously punished by the King.  [2](5) And if the Infant be carried away, or disturbed by the Guardian, or by the Feoffee, or by other, by Reason whereof he cannot sue his Assise, then may One of his next Friends (that will) sue for him, which shall be thereto admitted.

See 13 Ed. 1. stat. 1. c. 25. giving Right to Infants to sue by Prochein Amy.

Obs. The 12 Car. 2. c. 24. having taken away Wardship by reason of Tenure.

  1. ↑ 2 Ed. 3. 16.; 8 Ass. pla. 22.; 27 H. 8. 1.; 40 Ed. 3. 16.; Rast. 366, 367.
  2. ↑ 2 Inst. 259.

CAP. XLIX.
The Tenants Plea in a Writ of Dower.

[1]IN a Writ of Dower, called Unde nihil habet, the Writ shall not abate by the Exception of the Tenant, because she hath received her Dower of another Man before her Writ purchased, unless he can shew that she hath received Part of her Dower of himself, and in the same Town, before the Writ purchased.

See 13 Ed. 1. c. 4. where Wife is endowable of Land recovered against the Husband by Covin, &c.  See also 4 & 5 W. & M. c. 16. for securing Dower to Widow of Mortgagor.

  1. ↑ 2 Inst. 261.; Regist. 170, 171.; Fitz. Voucher, 196.; Fitz. Dower, 75, 76, 86, 89, 114.; Kel. 128.

CAP. L.

AND forasmuch as the King hath ordained these Things unto the Honour of God and Holy Church, and for the Commonwealth, and for the Remedy of such as be grieved, he would not that at any other Time it should turn in Prejudice of himself, or of his Crown; but that such Right, as appertains to him, should be saved in all Points.

CAP. LI.
Assises and Darrain Presentments at what Time taken.

[1]AND forasmuch as it is great Charity to do Right unto all Men at all Times (when Need shall be), by the Assent of all the Prelates it was provided, That Assises of Novel disseisin, Mortdauncestor, and Darrain Presentment, should be taken in Advent, Septuagesima, and Lent, even as well as Enquests may be taken, and that at the speciat Request of the King, made unto the Bishops.

  1. ↑ 2 Inst. 264.

A Statute intituled Extenta Manerii, made 4 Edw. I. Stat. 1. and Anno Dom. 1276.

Expressing a Survey of the Buildings, Lands, Commons, Parks, Woods, Tenants, &c.

The Buildings.FIRST, It is to be inquired of the Castles, and also of other Buildings compassed about with Ditches, what the Walls, Buildings, Timber, Stone, Lead, and other Manner of Covering, is worth, and how they may be prized according to the
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