Page:Ruffhead - The Statutes at Large, 1763.djvu/126

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80
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.

Place touching Alienation of Land contrary to the Form of the Gift hereafter to be made, and shall not extend to Gifts made before. (3) And if a Fine be levied hereafter upon such Lands, it shall be void in the Law;  A Fine shall not bar the Heir in Tail.[1](4) neither shall the Heirs, or such as the Reversion belongeth unto, though they be of full Age, within England, and out of Prison, need to make their Claim.

Altered by 32 H. 8. c. 36.

  1. ↑ 8 H. 4. f. 8.; Fitz. Continual Claim, 9.

CAP. II.
A Recordare to remove a Plaint. Pledges to prosecute a Suit. Second Deliverance.

The Mischiefs which Lords distraining their Tenants did suffer.FOrafmuch as Lords of Fees distraining their Tenants for Services and Customs due unto them, are many times grieved, because their Tenants do replevy the Distress by Writ, or without Writ: (2) And when the Lords, at the Complaint of their Tenants, do come by Attachment into the County, or unto another Court, having Power to hold Pleas of Withernam, and do avow the taking good and lawful, by reason that the Tenants disavow to hold ought, nor do claim to hold any thing of him which took the distress and avowed it, he that distrained is amerced, and the Tenants go quit; (3) to whom Punishment cannot be assigned for such disavowing by Record of the County, or of other Courts having no Record.

A Recordare to remove a Plaint out of the County.II. [1]It is provided and ordained from henceforth, That where such Lords cannot obtain Justice in Counties and such manner of Courts against their Tenants, as soon as they shall be attached at the Suit of their Tenants, a Writ shall be granted to them to remove the Plea before the Justices, afore whom, and none otherwhere, Justice may be ministred unto such Lords; [2]and the Cause shall be put in the Writ, because[3] such a Man distrained in his Fee for Services and Customs to him due. (3) Neither is this Act prejudicial to the Law commonly used, which did not permit that any Plea should be moved before Justices at the Suit of the Defendant. (4) For though it appear at the first Shew that the Tenant is Plaintiff, and the Lord Defendant, nevertheless, having respect to that, that the Lord hath distrained, and sueth for Services and Customs being behind, he appeareth indeed to be rather Actor, or Plaintiff, than Defendant. (5) And to the intent the Justices may know upon what fresh Seisin the Lords may avow the Distress reasonable upon their Tenants; (6) from henceforth it is agreed and enacted, That a reasonable Distress may be avowed upon the Seisin of any Ancestor or Predecessor since the Time that a Writ of Novel disseisin hath run. (7) And because it chanceth sometimes that the Tenant, after that he hath replevied his Beasts, doth sell or alien them, whereby Return cannot be made unto the Lord that distrained, if it be adjudged:

  1. ↑ 16 H. 7. f. 1.
  2. ↑ Regist. 83.
  3. ↑ For because, read wherefore.
Pledges to prosecute the Suit and to make Return.III. [1]It is provided, That Sheriffs or Bailiffs from henceforth shall not only receive of the Plaintiffs Pledges for the pursuing of the Suit, before they make Deliverance of the Distress, but also for the Return of the Beasts, if Return be awarded. (2) And if any take Pledges otherwise, he shall answer for the Price of the Beasts, and the Lord that distraineth shall have his Recovery by Writ, that he shall restore unto him so many Beasts or Cattle; (3) and if the Bailiff be not able to restore, his Su-
  1. ↑ Dyer 188.; 2 H. 6. 15.; 8 Ed. 3. 72.; 9 Hen. 6. 42.; Fitz. Return des Avers, 35.; Cro. Car. 594.
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