Page:Ruffhead - The Statutes at Large, 1763.djvu/114

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68
C. 10–12.
Anno sexto Edwardi I.
A.D. 1278.

slain, the Appeal shall stand in Effect, (5) and shall not be abated for Default of fresh Suit, if the Party shall sue within the Year and the Day after the Deed done.[1]

  1. ↑ Regist. 134, 300.

CAP. X.
The Husband and Wife being impleaded, shall not fourch by Essoin.

[1]WHereas it is contained in the Statute of the King that now is, that two Parceners, or two that hold in common, may not fourch by Essoin, after that they have once appeared in the Court: (2) It is provided, That the same be observed and kept, where a Man and his Wife be impleaded in the King's Court.[2]

See 13 Ed. 1. c. 17.  12 Ed. 2. stat. 2.  5 Ed. 3. c. 6 for farther Regulations of Essoins.

  1. ↑ Fitz. Essoin, 5, 62.; 52 H. 3. c. 13 & 20.; 3 Ed. 1. c. 43 & 44.
  2. ↑ 2 Inst. 310.

CAP. XI.
A feigned Recovery against him in the Reversion, to make the Termor lose his Term.

[1]IT is provided also, That if any Man lease his Tenement in the City of London, for Term of Years, and he to whom the Freehold belongeth, causeth himself to be impleaded by Collusion, and maketh Default after Default, or cometh into the Court, and giveth it up, for to make the Termor lose his Term, and the Demandant hath his Suit, so that the Termor may recover by Writ of Covenant: (2) The Mayor and Bailiffs may inquire by a good Inquest, in the Presence of the Termor and the Demandant, whether the Demandant moved his Plea upon good Right that he had, or by Collusion, or by Fraud, to make the Termor lose his Term: (3) And if it be found by the Inquest, that the Demandant moved his Plea upon good Right that he had, the Judgment shall be given forthwith: (4) And if it be found by Inquest, that he impleaded him by Fraud, to put the Termor from his Term, then shall the Termor enjoy his Term, and the Execution of Judgement for the Demandant shall be suspended[2] until the Term be expired. (5) And in like Manner it shall be of Equity before the Justices in such Cafe, if the Termor do challenge it before the Judgement.[3]

Enforced by 21 H. 8. c. 15.

  1. ↑ 2 Roll. 221, 222, 245.; Co. Inst. 46. a.; 2 Inst. 321.
  2. ↑ Read then shall the Execution of Judgment for the Demandant be suspended, &c.
  3. ↑ Rast. 81.

CAP. XII.
One impleaded in London voucheth Foreign Warranty.

[1]IT is provided also, That if a Man, impleaded for a Tenement in the same City, doth vouch a Foreigner to Warranty, that he shall come into the Chancery, and have a Writ to summon his Warrantor at a certain Day before the Justices of the Bench, and another Writ to the Mayor and Bailiffs of London, that they shall surcease in the Matter that is before them by Writ, until the Plea of the Warranty be determined before the Justices of the Bench: (2) And when the Plea at the Bench shall be determined, then shall he that is vouched be commanded to go into the City, to answer unto the chief Plea. (3) And a Writ shall be awarded at the Suit of the Demandant by the Justices unto the Mayor and Bailiffs, that they shall proceed in the Plea. (4) And if the Demandant recover against the Tenant, the Tenant shall come before the Justices of the Bench, which shall direct a Writ to the Mayor and Bailiffs, that if the

  1. ↑ Rast. 240, 354.; Coke pla. f. 176.; 2 Inst. 324.; 41 Ed. 3. f. 2.; Kel. f. 109.; Fitz. Resceit, 106.
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