Page:Ruffhead - The Statutes at Large, 1763.djvu/139

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1.
93

CAP. XVI.
Priority of Feoffment giveth Title of Wardship.

[1]IN Case where Inheritance descendeth to one within Age of the Father's Side, that held of one Lord, and the Mother's Side that held of another Lord, there hath been hitherto Doubt, for the Marriage of such an Heir, to which of the two Lords it should belong; (2) it is agreed, That the same Lord shall from henceforth have the Marriage of whom the Child's Ancestor was first infeoffed, not having Respect to the Sex, nor to the Quantity of the Land, but only to the more ancient Feoffment by Knights Service.

Obs. by Stat. 12 Car. 2. c. 24.

  1. ↑ 44 Ed. 3. f. 15.; Dyer 11.; 5 Ed. 3. f. 4.; Bro. Gard. 114, 115, 116.; Fitz. Prerog. 23, 24.; Fitz. Gard. 2, 3, 16, 19, 27, 36, 46, 53, 81. 86. 115. 134. 139.; 2 Inst. 391.

CAP. XVII.
In what Case Essoin De malo delicti doth lie, and where not.

[1]IN the Circuit of the Justices an Essoin De malo lecti shall not be from henceforth allowed for Lands in the same Shire, unless he that caused himself to be essoined be sick indeed; (2) for if the Demandant except, that the Tenant is not sick, nor in such Plight but that he may come before the Justices, his Exception shall be admitted. (3) And if it can be so proved by Enquest, the Essoin shall be turned to a Default. [2](4) And from henceforth such Essoin shall not lie in a Writ of Right between two claiming by one Descent.

See 12 Ed. 2. stat. 2.  5 Ed. 3. c. 5. And 9 Ed. 3. stat. 1. c. 3. for farther Regulations of Essoins.

  1. ↑ Fitz. Essoin, 176, 186, 187, 188, 189, 190, 192, 193, 194, 196, 197.; 52 H. 3. c. 13 & 20.; 3 Ed. 1. c. 42, 43, & 44.; 6 Ed. 1. c. 10.
  2. ↑ Regist. 8.

CAP. XVIII.
He that recovereth Debt may sue Execution by Fieri facias or Elegit.

[1]WHEN Debt is recovered or knowledged in the King's Court, or Damages awarded, it shall be from henceforth in the Election of him that sueth for such Debt or Damages, to have a Writ of Fieri facias unto the Sheriff for to levy the Debt of the Lands and Goods; The Execution of a Debt recovered.(2) [2]or that the Sheriff shall deliver to him all the Chattels of the Debtor (saving only his Oxen and Beasts of his Plough) and the one half of his Land, until the Debt be levied upon a reasonable Price or Extent. Assise maintainable by Tenant by Elegit.(3) [3]And if he be put out of that Tenement, he shall recover by a Writ of Novel disseisin, and after by a Writ of Redisseisin, if need be.

  1. ↑ Hob. 57.
  2. ↑ 3 Bulstr. 320.; Dyer 206, 373.; 3 Co. 12.; 4 Co. 65, 74.; 5 Co. 87, 88, 90.; Fitz. Extent, 13.; Fitz. Process, 51.; Fitz. Execut. 35, 37, 41, 46, 66, 85, &c.; Co. Lit. 289. b.
  3. ↑ Rast. 72, 327.; Regist. 299.; 2 Inst. 394., Cro. Car. 44.; 2 Leon. 84, 88.

CAP. XIX.
The Ordinary chargeable to pay Debts as Executors.

[1]WHereas after the Death of a Person dying intestate, which is bounden to some other for Debt, the Goods come to the Ordinary to be disposed; [2](2) the Ordinary from henceforth shall be bound to answer the Debts as far forth as the Goods of the Dead will extend, in such sort as the Executors of the same Party should have been bounded, if he had made a Testament.

By 31 Ed. 3. stat. 1. c. 11. the Ordinary shall commit Administration. And for the Duty of Ordinary and Administrator, see 43 El. c. 8.  22 & 23 Car. 2. c. 10.  29 Car. 2. c. 3. §. 25. and 1 Jac. 2. c. 17.

  1. ↑ Dyer 232.; 5 Co. 83.; Fitz. Brief, 822.; Fitz. Execut. 77.
  2. ↑ 2 Inst. 397.

CAP.

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