Page:Ruffhead - The Statutes at Large, 1763.djvu/112

This page has been proofread, but needs to be validated.
66
C. 4–6.
Anno sexto Edwardi I.
A.D. 1278.

summon his Warranty, as before hath been done in Cases where the Warrantor cometh into the Court, saying, That nothing descended from him by whose Deed he is vouched. [1](4) And in like Manner the Issue of the Son shall recover by Writ of Cosinage, Aiel, and Besaiel. (5) Likewise in like Manner the Heir of the Wife shall not be barred of his Action after the Death of his Father and Mother, by the Deed of his Father, if he demand by Action the Inheritance of his Mother by a Writ of Entry, which his Father did aliene in the Time of his Mother, [2]whereof no Fine is levied in the King's Court.

  1. ↑ Keilw. 104. b., 124, 125.
  2. ↑ 2 Inst. 292.

CAP. IV.
In what Case a Cessavit is maintainable against a Tenant in Fee-farm.

[1]ALSO if a Man let his Land to Ferm, or to find Estovers, in Meat or in Cloth, amounting to the Fourth Part of the very Value of the Land, and he which holdeth the Land so charged letteth it lie fresh, so that the Party can find no Distress there by the Space of Two or Three Years to compel the Farmor to render, or to do as is contained in the Writing or Lease; (2) it is established, that the Two Years being patted, the Lessor shall have an Action to demand the Land in demean by a Writ which he shall have out of the Chancery. The Tenant payeth the Arrearages and findeth Surety.(3) And if he against whom the Land is demanded come before Judgement, and pay the Arrearages and the Damages, and find Surety (such as the Court shall think sufficient) to pay from thenceforth as is contained in the Writing of his Leafe, he shall keep the Land. [2](4) And if he tarry until it be recovered by Judgement, he shall be barred for ever.

Enforced and extended by 13 Ed. 1. stat. 1. c. 21, 41. & 10 Ed. 2.

  1. ↑ 7 H. 8. f. 28.; Fitz. Resceit, 96, 105.; Fitz. Scire fac', 154.; Kel. f. 75, 132.; Fitz. Cessavit, 2, 10, 12, 19, 20, 23, 25, 27, 29, 32, 38, 39, 49, 52, 53, 56.; Rast. pla. f. 111.
  2. ↑ Regist. 237.; 2 Inst. 205.

CAP. V.
Several Tenants against whom an Action of Waste is maintainable.

[1]IT is provided also, That a Man from henceforth shall have a Writ of Waste in the Chancery against him that holdeth by Law of England, or otherwise for Term of Life, or for Term of Years, or a Woman in Dower. (2) And he which shall be attainted of Waste, shall leese the Thing that he hath wasted, and moreover shall recompense thrice so much as the Waste shall be taxed at. (3) And for Waste made in the Time of Wardship, it shall be done as is contained in the Great Charter. (4) And where it is contained in the Great Charter, that he which did waste during the Custody, shall leese the Wardship, [2](5) it is agreed that he shall recompense the Heir his Damages for the Waste, if so be that the Wardship loft do not amount to the Value of the Damages before the Age of the Heir of the same Wardship.

See farther 13 Ed. 1. 14. & 22.  20 Ed. 1. stat. 2. and 11 H. 6. c. 5. against whom Action of Waste is maintainable.

  1. ↑ Dyer 25.; Fitz. Wast, 62, 117, 146.; Bro. Parl. 17; Fitz. Judgment, 85, 134, 225.; Fitz. Damage, 7, 22, 42, 52, 90, 114, 133.; Co. Inst. 53. b. 54. b. 200. b. 355 b.; 1 Roll. 91, 97, 156.; Rast. 689, &c.; Savill. 42.' 9 H. 3. stat. 1. c. 4.; 52 H. 3. c. 23.
  2. ↑ Regist. 72.; 2 Inst. 299.

CAP. VI.
Where divers Heirs shall have one Assise of Mortdauncestor.

[1]IT is provided also, That if a Man die, having many Heirs, of whom one is Son or Daughter, Brother or Sister, Nephew or Niece, and the other be of a further Degree, all the Heirs shall recover from henceforth by a Writ of Mortdauncestor.[2]

See 13 Ed. 1. c. 20. were in Writ of Cosinage, &c. Tenant may plead that Plaintiff is not next Heir.

  1. ↑ Fitz. Joinder in Act. 11, 31, 34, 35, 36.; Co. Inst. 164. a.
  2. ↑ 2 Inst. 307.

CAP.

This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.