Page:Ruffhead - The Statutes at Large, 1763.djvu/129

is this, That the Demandants shall recover their Demand, or the Tenants shall go quit. (9) And if the Action of such a Tenant, which is compelled to shew his Right, be moved by a Writ of Right, though that the great Assise or Battail cannot be joyned by the Words accustomed, yet it shall be joyned by Words convenient; (10) for when the Tenant, in that he sheweth his Right which belongeth to him by the Writ that he before purchased, instead of a Demandant, the Warrantor may well defend the Right of the Tenant, which is accounted in Place of the Demandant, as before is said, and offer to defend the Seisin of his Ancestors by the Body of his Freeman, or put himself in the great Assise, and pray Recognizance to be made, whether he hath more Right to the Land in demand, or else the Party before named. (11) Or otherwise the great Assise may be joyned thus, Talis defendit jus, &c. and so the Warrantor may defend the Right, and knowledge the Seisin of his Ancestor, and put himself in the great Assise, and pray Recognizance to be made, whether he hath more Right in the foresaid Land, as in that whereof he infeoffed such a Man, or that such a one released and quit claimed, &c. or else the foresaid Party, &c. The Heir avoideth a Woman of her Dower recovered against his Guardian.(12) And where sometime it chanceth that a Woman not having Right to demand Dower, the Heir being within Age, doth purchase a Writ of Dower against a Guardian, and the Guardian endoweth the Woman by Favour, or maketh Default, or by Collusion defendeth the Plea so faintly, whereby the Woman is awarded her Dower in Prejudice of the Heir; (13) it is provided, That the Heir, when he cometh to full Age, shall have an Action to demand the Seisin of his Ancestor against such a Woman, like as he should have against any other Deforceor; A Woman's Dower recovered against her by Default.yet so, that the a Woman's Woman shall have her Exception saved against the Dower recovered Demandant, to shew that she had Right to her Dower, against her by which if she can shew, she shall go quit and retain her Dower, and the Heir shall be grievously amerced, according to the Discretion of the Justices; and if not, the Heir shall recover his Demand, &c. (14) In like Manner the Woman shall be aided, if the Heir or any other do implead her for her Dower, or if she lose her Dower by Default, in which cafe the Default shall not be so prejudicial to her, but that she shall recover her Dower, if she have Right thereto, and she shall have this Writ:

^[1]II. Præcipe A. quod juste, &c. reddat B. quæ fuit uxor F. tantam terram cum pertinentiis in C. quam clamat esse rationabilem dotem suam, vel de rationabili dote sua, & quod prædictus A. ei deforceat, &c.
(2) And to this Writ the Tenant shall have his Exception, to shew that file had no Right to be endowed; which if he can verify, he shall go quit; if not, the Woman shall recover the Land whereof she was endowed before. (3) And whereas before time, if a Man had lost his Land by Default, he had none other Recovery than by a Writ of Right, which was not maintainable by any that could not claim of meet Right, as Tenants for Term of Life, in free Marriage, or in Tail, in which Estates a Reversion is reserved; (4) it is provided, That from henceforth their Default shall not be so prejudicial, but that they may recover their Estate by another Writ than by a Writ of Right, if they have Right. (5) For Land in Free Marriage, lost by Default, such a Writ shall be made: