Page:Ruffhead - The Statutes at Large, 1763.djvu/134

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88
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.

King's Court, that the Distress is lawfully taken upon his Tenant, which is upon the Mean; (2) and many have been heretofore sore grieved by such Distresses, in so much as the Mean (notwithstanding that he hath whereby he may be distrained) doth make long Delays before he will come into the Court to answer for his Tenant unto the Writ of Mean; (3) and further, the Case was most hard when the Mean had nothing: (4) In case also when the Tenant was ready to do his Services and Customs unto his Lord, and the chief Lord would refuse to take such Services and Customs by the Hands of any other than of his next Tenant, and so such Tenants in Demean lost somewhiles the Profits of their Lands for a Time, and somewhiles for their whole Time, and hitherto no Remedy hath been provided in this Case; A Writ of Mesne, and the Process therein.(5) [1]a Remedy is provided and ordained hereafter in this Form, That so soon as such Tenant in Demean (having a Mean between him and the chief Lord) is distrained, incontinent the Tenant shall purchase his Writ of Mean. (6) And if the Mean, having Land in the same County, absent himself until the great Distress awarded, the Plaintiff shall have such Day given him in his Writ of great Distress, afore the coming whereof two Counties may be holden, and the Sheriff shall be commanded to distrain the Mean by the great Distress, like as it is contained in the Writ, and nevertheless the Sheriff in two full Counties shall cause to see proclaimed solemnly, that the Mean do come at a Day contained in the Writ, to answer his Tenant; [2](7) at which Day, if he come, the Plea shall pass between them after the common Usage; (8) and if he do not come, then such Mesne shall lose the Services of his Tenant, and from thenceforth the Tenant shall not answer him in any Thing; but the same Mean being excluded, he shall answer unto the chief Lord for such Services and Customs as before he ought to have done to the same Mean; The Mean forejudged of his Fee and Services.(9) neither shall the chief Lord have Power to distrain, so long as the aforesaid Tenant doth offer him the Services and Customs due. (10) And if the chief Lord exact more than the Mean ought to do, the Tenant in such Case shall have such Exceptions as the Mean should. (11) And if the Mean have nothing within the King's Dominion, the Tenant shall nevertheless purchase his Writ of Mean to the Sheriff of the same Shire wherein he is distrained. (12) And if the Sheriff return, that he hath nothing whereby he may be summoned, then shall the Tenant sue his Writ of Attachment. (13) And if the Sheriff return, that he hath nothing to be attached by, he shall nevertheless sue his Writ of Great Distress, and Proclamation shall be made in Form abovesaid. (14) And if the Mean have no Land in the Shire where the Distress is taken, but hath Land in some other Shire, then a Writ Original shall issue to summon the Mean unto the Sheriff of the same Shire where the Distress is taken, and when it is returned by the Sheriff that he hath nothing in his Shire, a Writ Judicial shall issue to summon the Mean unto the Sheriff of the same Shire, in which it shall be testified that he hath Land, and Suit shall be made in the same Shire until they have passed unto the Great Distress and Proclamation, as above is said in the Mean having Land in the same Shire in which the Distress is taken. (15) And nevertheless Suit shall be made in the same Shire where he hath nothing, as above is said of the Mean that

  1. ↑ Regist. 160.; Fitz. Mesne, 1, 3, 7, 11, 12, 15, 16, 17, 19, 20, 21, 24, 56, 58.
  2. ↑ Fitz. Proclamat. 20, 21.; Co. Lit. 100. a.; Fitz. Mesne, 3, 18, 47, 57, 66, 67, 70.
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