Page:Ruffhead - The Statutes at Large, 1763.djvu/135

hath nothing, until the Process come to the Great Distress and Proclamation; (16) and so after Proclamation made in both Counties, the Mean shall be fore-judged of his Fee and Service. The Tenant holding by less Service than the Mean doth.(17) ^[1]And where it happeneth sometimes, that the Tenant in Demean is infeoffed to hold by less Service than the Mean ought to do unto the chief Lord, when after such Proclamation the Tenant hath attorned to the chief Lord, and the Mean being excluded, the Tenant must of Necessity answer unto the chief Lord for all such Services and Customs as the Mean was wont to do to him. (18) And after that the Mean is come into the Court, and hath confessed that he ought to acquit his Tenant, or be compelled by Judgement to acquit, if after such Confession or Judgement it is complained that the Mean doth not acquit his Tenant, then shall issue a Writ Judicial; ^[2]that the Sheriff shall distrain the Mean to acquit the Tenant, and to be at a certain Day before the Justicers, for to shew why he hath not acquitted him before; and when they have proceeded unto the Great Distress, the Plaintiff shall be heard; Damages in a Writ of Mesne.(19) ^[3]And if the Plaintiff can prove that he hath not acquitted him, he shall yield Damages, and by Award of the Court the Tenant shall go quit from the Mean, and shall attorn unto the chief Lord. (20) And if he come not at the first Distress, a Writ shall go forth to distrain him again, and Proclamation shall be made, and as soon as it is returned, they shall proceed in Judgement, as before is said. The Tenants Warranty of the Mesne.(21) ^[4]And it is to be understanden, that by this Statute Tenants are not excluded, but they shall have a Warranty of the Means and their Heirs, if they be impleaded of their Lands, as they have had before; ^[5](22) nor the Tenants shall be excluded, but that they may sue against their Means, as they used heretofore, if they see that their Process may be more available by the old Custom, than by this Statute. For which Means only this Statute is ordained.(23) And it is to wit, that by this Statute no Remedy is provided to any Means, but only in case where there is but one only Mean between the Lord that distraineth and the Tenant; (24) and in case where that Mean is of full Age; (25) and in case where the Tenant may attorn unto the chief Lord without Prejudice of any other than of the Mean, which is spoken for Women Tenants in Dower, and Tenants by the Courtesie, or otherwise for Term of Life, or in Fee-tail, unto whom for certain Causes Remedy is not yet provided, but (God willing) there shall be at another Time.^[6]

^[1]WHereas in the Circuit of Justices it was proclaimed, Delivering of Writs for Suits depending before Justices in Eyre.That all such as would deliver Writs, should deliver them within a certain Time, after which no Writ should be received; many trusting upon the same, and tarrying until the said Time, and no Writ served upon them, departed by Licence of the said Justices; after whole Departure their Adversaries, perceiving their Absence, delivered their Writs in Wax, which sometimes by Fraud, and sometimes for Rewards, be received of the Sheriff, and they, that thought to have departed quiet, lose their Lands. (2) For the Remedy of such Fraud from henceforth, the King hath ordained, That the