Page:Ruffhead - The Statutes at Large, 1763.djvu/111

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A.D. 1278.
Anno sexto Edwardi I.
C. 1–3.
65

CAP. I.
Several Actions wherein Damages shall be recovered.

WHereas heretofore Damages were not awarded in Assises of Novel disseisin, but only against the Disseisors: The Alienee of a Disseisor shall be charged with Damages.[1](2) it is provided, That if the Disseisors do aliene the Lands, and have not whereof there may be Damages levied, that they to whose Hand such Tenements shall come, shall be charged with the Damages, so that every one shall answer for his Time. (3) It is provided also, That the Disseisee shall recover Damages in a Writ of Entry, upon Novel disseisin against him that is found Tenant after the Disseisor. Damages in Mortdauncestor.[2](4) It is provided also, that where before this Time Damages were not awarded in a Plea of Mortdauncestor (but in case where the Land was recovered against the chief Lord) that from henceforth Damages shall be awarded in all Cases where a Man recovereth by Assise of Mortdauncestor, as before is said in Assise of Novel disseisin: Damages in Cosinage, Aiel, Besaiel.(5) And likewise Damages shall be recovered in Writs of Cosinage, Aiel, and Besaiel.

  1. ↑ Fitz. Damage, 14, 43, 66, 68, 82, 95, 101, 102, 104, 108, 110, 121, 123, 127, 129.; Hob. 95.; Godbolt 112.
  2. ↑ Co. Lit. 10, 116.; Dyer, f. 370.; Fitz. Damage, 6, 19, 97.

Where Damages shall be recovered, there Costs also.II. And whereas before Time Damages were not taxed, but to the Value of the Issues of the Land; (2) it is provided, That the Demandant may recover against the Tenant the Costs of his Writ purchased, together with the Damages abovesaid. (3) And this Act shall hold Place in all Cafes where the Party is to recover Damages. (4) And every Person from henceforth shall be compelled to render Damages, [1]where the Land is recovered against him upon his own Intrusion, or his own Act.

  1. ↑ 2 Inst. 283.

CAP. II.
In what Case Nonage of the Plaintiff shall not stay an Enquest.

[1]IF a Child within Age be holden from his Heritage after the Death of his Father,[2] Cosin, Grandfather, or Great Grandfather, whereby he is driven to his Writ, and his Adversary cometh into the Court, and for his Answer alledgeth a Feoffment, or pleadeth some other Thing, whereby the Justices award an Enquest, there whereas the Enquest was deferred unto the full Age of the Infant, now the Enquest shall pass as well as if he were of full Age.

  1. ↑ Co. Lit. 6. f. 3.; Dyer, f. 104.; 3 Bulstr. 137.
  2. ↑ Not in the Original.

CAP. III.
An Alienation of Land by the Tenant by the Curtesy with Warranty shall be void.

[1]IT is established also, That if a Man aliene a Tenement, that he holdeth by the Law of England, his Son shall not be barred by the Deed of his Father (from whom no Heritage to him descended) to demand and recover by Writ of Mortdauncestor, of the Seisin of his Mother, although the Deed of his Father doth mention, that he and his Heirs be bound to Warranty. (2) And if any Heritage descend to him of his Father's Side, then he shall be barred for the Value of the Heritage that is to him descended. (3) And if in Time after any Heritage descend to him by the fame Father, then shall the Tenant recover against him of the Seisin of his Mother by a judicial Writ that shall issue out of the Rolls of the Justices, before whom the Plea was pleaded, to re-

See 32 H. 8. c. 28. with regard to Leases made by Tenants in Fee, &c. in Right of their Wives.

  1. ↑ Vaughan 366.; Stat. 4 & 5 Ann. c. 16.; Bro. Formedon, 73.; 5 Co. 80.; 8 Co. 52.; Co. Lit. 365, 366, 381. a. 382. a. 383. a, b.; Dyer, f. 148.; Fitz. Garranty, 5.; 9 Co. 26.; Fitz. Cui in vita, 7, 8.
Vol. I.
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