Page:Ruffhead - The Statutes at Large, 1763.djvu/138

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92
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285

CAP. XIII.
The Order of the Indictments taken in the Sheriffs Turn.

[1]FOrasmuch as Sheriffs, feigning many Times certain Persons to be indicted before them in their Turns of Felonies and other Trespasses, do take Men that are not culpable nor lawfully indicted, and imprison them, and do exact Money from them, whereas they were not lawfully indicted by twelve Jurors; (2) it is ordained, That Sheriffs in their Turns, and in other Places where they have Power to enquire of Trespassors by the King's Precept, or by Office, shall cause their Inquests of such Malefactors to be taken by lawful Men, and by Twelve at the least, which shall put their Seals to such Inquisitions; (3) and those that shall be found culpable by such Inquests, they shall take and imprison, as they have used aforetimes to do. (4) And if they do imprison other than such as have been indicted by[2] Inquest, the Parties imprisoned shall have their Action by a Writ of Imprisonment against the Sheriffs, as they should have against any other Person that should imprison them without Warrant. (5) And as it hath been said of Sheriffs, so shall it be observed of every Bailiff of Franchise.

Enforced by 1 Ed. 3. stat. 2. c. 17. And 1 Ed. 4. c. 2. which directs Indictments taken in the Sheriff's Turn to be delivered to the Justices of the Peace of the same County; and farther 11 H. 7. c. 15.

  1. ↑ 2 Inst. 387.
  2. ↑ Add such.

CAP. XIV.
The Process in an Action of Waste. A Writ to enquire of Waste.

[1]WHereas for Waste done in the Inheritance of any Person, by Guardians, Tenants in Dower, Tenants by the Courtesie of England, or otherwise for Term of Life, or Years, a Writ of Prohibition of Waste hath been used to be granted, by which Writs many were deceived, thinking that such as had done the Waste should not need to answer but only for Waste done after the Prohibition to them directed; The Process in Action of Waste.(2) [2]our Lord the King, to remove from henceforth this Error, hath ordained, That of all Manner of Waste done to the Damage of any Person, there shall from henceforth be no Writ of Prohibition awarded, but a Writ of Summons, so that he of whom Complaint is shall answer for Waste done at any Time; A Writ to enquire of Waste.(3) [3]and if he come not after the Summons, he shall be attached, and after the Attachment he shall be distrained; (4) and if he come not after the Distress, the Sheriff shall be commanded that in proper Person he shall take with him twelve, &c. and shall go to the Place wasted, [4]and shall enquire of the Waste done, and shall return an Inquest, and after the Inquest returned, they shall pass unto Judgement, like as it is contained in the Statute of Gloucester.

And see 11 H. 6. c. 5. where Waste is maintainable against a Tenant who grants over his Estate and takes the Profits.

  1. ↑ 2 Inst. 389.; Fitz. Waste, 129, 130, 131, 134, 135, 136, 137.
  2. ↑ Regist. 72. &c.; 1 Brownl. 240.; Dyer 204.
  3. ↑ 3 Co. 18.
  4. ↑ 3 Ed. 1. c. 21.; 6 Ed. 1. stat. 1. c. 5; 20 Ed. 1. stat. 2. concerning Waste.; Rast. 697.

CAP. XV.
An Enfant eloined may sue by Prochein Amy.

Enfant's Suit.IN [1] every Case whereas such as be within Age may sue, it is ordained, That if such within Age be eloined, so that they cannot sue personally, their next Friends shall be admitted to sue for them.

  1. ↑ Dyer 104.; 2 Ed. 3. 16.; 40 Ed. 3. 16.; Bro. Gardein, 13, 22, 24, 25, 26, 27.; Regist. 78.; 2 Inst. 390.; 3 Ed. 1. c. 47.

CAP.

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