Page:Ruffhead - The Statutes at Large, 1763.djvu/127

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1.
81

periour shall restore. (4) And forasmuch as it hapneth sometime, that after the Return of the Beasts is awarded unto the Distrainor, and the Party so distrained, after that the Beasts be returned, doth replevy them again, and when he seeth the Distrainor appearing in the Court ready to answer him, doth make Default, whereby Return of the Beasts ought to be awarded again unto the Distrainor, and so the Beasts be replevied twice or thrice, and infinitely, and the Judgments given in the King's Court take no Effect in this Cafe, whereupon no Remedy hath been yet provided; (5) in this Case such Process shall be awarded, that so soon as Return of the Beasts shall be awarded to the Distrainor, the Sheriff shall be commanded by a judicial Writ to make Return of the Beasts unto the Distrainor; in which Writ it shall be expressed, that the Sheriff shall not deliver them without Writ, making mention of the Judgment given by the Justices, which cannot be without a Writ issuing out of the Rolls of the said Justices before whom the Matter was moved. A Writ of second Deliverance.[1](6) Therefore when he cometh unto the Justices, and desireth Replevin of the Beasts, he shall have a judicial Writ, that the Sheriff taking Surety for the Suit, and also of the Beasts or Cattle to be returned, or the Price of them (if Return be awarded) shall deliver unto him the Beasts or Cattle before returned, and the Distrainor shall be attached to come at a certain Day before the Justices, afore whom the Plea was moved in Presence of the Parties. A Distress irrepleviable.[2](7) And if he that replevied make Default again, or for another Cause return of the Distress be awarded, being now twice replevied, the Distress shall remain irrepleviable; (8) but if a Distress be taken of new, and for a new Cause, the Process abovesaid shall be observed in the same new Distress.

  1. ↑ Dyer 41, 59.; Kel. 92.; 26 H. 8. 6.; 21 H. 7. 28.; 12 H. 7. 4.
  2. ↑ 14 H. 7. 6.; Dyer 280.; Fitz. Return des avers, 6, 15, 18, 19, 24, 26, 32, 33, 34, 35.

CAP. III.
A Cui in vita for the Wife. Where a Wife, or he in Reversion, shall be received.

A Cui in vita for the Wife, where her deceased Husband lost by Default.IN [1] case when a Man doth lose by Default the Land which was the Right of his Wife, it was very hard that the Wife, after the Death of her Husband, had none other Recovery but by a Writ of Right; (2) wherefore our Lord the King hath ordained, That a Woman, after the Death of Husband, shall recover by a Writ of Entry (whereto she could not disagree during his Life) which shall be pleaded in Form under-written. (3) If the Tenant do except against the Demand of the Wife, that he entered by Judgement, and it be found that his Entry was by Default, whereto the Tenant of Necessity must make Answer, if it be demanded of him, then he shall be compelled to make further Answer, and to shew his Right according to the Form of the Writ that he purchased before against the Husband and the Wife. (4) And if he can verify that he hath or had[2] Right in the Land demanded, the Woman shall gain nothing by her Writ; which Thing if he cannot shew, the Woman shall recover the Land in Demand; (5) this being observed, that if the Husband absent himself, and will not defend his Wife's Right, or against his Wife's Consent will render the Land, if the Wife do come before Judgement, ready to answer the Demandant, and to defend her Right, the Wife shall be admitted. (6) Likewise if Tenant in Dower, Tenant by the Law of the Land,

See 32 H. 8. c. 28 which provides that the Husband's Acts only of the Wife's Land shall not prejudice her or her Heirs.

  1. ↑ Regist. 232.; 2 Inst. 341.; 6 Co. 8.; 8 Co. 72.; 26 H. 8. 2.; Fitz. Cui in vita, 7, 8, 9, 10, 11, 14, 16, 17, 19, 20, 22, 26, 28, 30, 32, 34.; Co. Lit. 352. b. 353. a. 355. a. 356 a.; Dyer 298, 315, 341.; Fitz. Resceit, 1, 3, 5, 6, 9, 11, 12, 19, 27, 30, 32, 139.; 10 Co. 44.; 5 Ed. 3. 61.; Cro. Car. 43.
  2. ↑ Not in Orig.
Vol. I.
M
or
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