Page:Ruffhead - The Statutes at Large, 1763.djvu/132

This page has been proofread, but needs to be validated.
86
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.

mages [1]shall be awarded to the Half Year's Value of the Church; (3) and if the Disturber have not whereof he may recompense Damages, in case where the Bishop conferreth by Lapse of Time, he shall be punished by two Years Imprisonment: (4) And if the Advowson be deraigned within the half Year, yet the Disturber shall be punished by the Imprisonment of half a Year.

  1. ↑ Fitz. Quare impedit, 24, 25.; Dyer 135, 236, 241.; Kel. 57.; 6 Co. 48.; 2 Roll. 112.

Quare Impedit of Prebends, Vicarages, Hospitals, &c.IV. [1]And from henceforth Writs shall be granted for Chapels, Prebends, Vicarages, Hospitals, Abbeys, Priories, and other Houses which be of the Advowsons of other Men, that have not been used to be granted before, Disturbance by Indicavit.(2) [2]And when the Parson of any Church is disturbed to demand Tythes in the next Parish by a Writ of Indicavit, the Patron of the Parson so disturbed, shall have a Writ to demand the Advowson of the Tythes being in demand; (3) and when it is deraigned, then shall the Plea pass in the Court Christian, as far forth, as it is deraigned in the King's Court.

  1. ↑ 24 Ed. 3. 26.; Fitz. Quare impedit, 4, 16, 18, 27, 30, 38, 70, 82, 129, 140, 157, 183.
  2. ↑ Regist. 35.; 31 H . 6. 13.; Bro. Droit, 8.; 7 Co. 25, 27.; 35 H. 6. 60.; 38 H. 6. 9.

Usurpation by one Coparcener upon another.V. [1]When an Advowson descendeth unto Parceners, though one present twice, and usurpeth upon his Coheir, yet he that was negligent shall not be clearly barred, but another Time shall have his Turn to present when it falleth.

See 2 & 3 Ed. 6. c. 13 for Payment of Tythes, &c.  See farther concerning Advowsons 17 Ed. 2. c. 8.  25 Ed. 3. stat. 3 c. 3 & 7.  13 R. 2. stat. 1. c. 1.  4 H. 4. c. 22. And 7 Ann. c. 18.

  1. ↑ Fitz. Quare impedit, 1, 3, 7, 8, 20, 39, 40, 51, 58, 59, 64, 65, 69, 104, 148, 196.; Rast. 101, 144, 496.; Hob. 238.

CAP. VI.
The Penalty if a Tenant impleaded voucheth, and the Vouchee denieth his Warranty.

The Penalty where the Voucher denieth his Warranty.WHEN [1]any demandeth Land against another, and the Party that is impleaded voucheth to Warranty, and the Warrantor denieth his Warranty, and the Plea hangeth long between the Tenant and the Warrantor; (2) and at length, when it is tried, that the Vouchee is bound to Warranty: by the Law and Custom of the Realm hitherto used there was none other Punishment assigned for the Vouchee that denieth his Warranty, but only that he should warrantize, and should be amerced, because he did not warrant before, (3) which was prejudicial unto the Demandant, because he suffered oftentimes great Delays by Collusion between the Tenant and the Warrantor. (4) Wherefore our Lord the King hath ordained, That like as the Tenant should leese the Land being in Demand, in case where he vouched, and the Vouchee could discharge himself of the Warranty, in the same wise shall the Warrantor leese in case where he denieth his Warranty, and it be tried against him that he is bounden to Warranty. A Venire facias at the Demandant's Request.(5) [2]And if an Inquest be depending between the Tenant and the Warrantor, and the Demandant will require a Writ to cause the Jury to come, it shall be granted him.

  1. ↑ 2 Inst. 366.; 45 Ed. 3. 16.
  2. ↑ Rast. 352, 687, &c.

CAP. VII.
Admeasurement of Dower for the Guardian and the Heir, and the Process therein.

Process in a Writ of Admeasurement of Dower or Pasture.A [1] Writ of Admeasurement of Dower shall be from henceforth granted to a Guardian; (2) neither shall the Heir, when he cometh to full Age, be barred by the Suit of such a Guardian, that sueth against the Tenant in Dower feignedly, and by Collusion, but that he may admeasure the Dower after, as it
  1. ↑ Fitz. Admeasur. 3, 4, 5, 9, 10, 13, 17.
3
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.