Page:Ruffhead - The Statutes at Large, 1763.djvu/140

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94
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.

CAP. XX.
The Tenant's Answer in a Writ of Cosinage, Aiel, and Besaiel.

WHereas that Justices in a Plea of Mortdauncestor, have used to admit the Answer of the Tenant, that the Plaintiff is not next Heir of the fame Ancestor, by whose Death he demanded the Land, and is ready to enquire the fame by Assise; (2) it is agreed, That in Writs of Cosinage, Aiel, and Besaiel, which be of the same Nature, his Answer shall be admitted and enquired, and according to the same Inquisition they shall proceed to Judgement.

CAP. XXI.
A Cessavit by the chief Lord against his Freehold Tenant.

[1]WHereas in a Statute made at Gloucester, cap. 4. it is contained, That if any lease his Land to another to pay the Value of the fourth Part of the Land, or more, the Lessor, or his Heir, after the Payment hath ceased by two Years, shall have an Action to demand the Land so leafed in demean. [2](2) In like manner it is agreed, that if any with-hold from his Lord his due and accustomed Service by two Years, the Lord shall have an Action to demand the Land in demean by such a Writ:

(3) Præcipe A. quod juste, &c. reddat B. tale tenementum quod A. de eo tenuit per tale servitium, & quod ad prædictum B. reverti debet, eo quod predictus A. in faciendo prædictum servitium, per biennium cessavit, ut dicitur.

[3]II. And not only in this Case, but also in the Case whereof Mention is made in the said Statute of Gloucester, Writs of Entry shall be made for the Heir of the Demandant against the Heir of the Tenant, and against them to whom such Land shall be aliened.

  1. ↑ 6 Ed. 1. stat. 1. c. 4.
  2. ↑ Fitz. Brief, 249, 269.; 6 H. 7. f. 7.; Fitz. Cessavit, 1, 2, 3, 4, 7, 8, 17, 21, 22, 30, 31, 33, 34, 35, 45, 46, 50, 51, 54.
  3. ↑ 8 Co. 118.; Fitz. Cessavit, 42.; Co. Lit. 154.; 6 Ed. 1. stat. 1. & 2.; Regist. 237.

CAP. XXII.
Waste maintainable by one Tenant in common against another.

[1]WHereas two or more do hold Wood, Turf-land, or Fishing, or other such Things in common, wherein none knoweth his several, and some of them do Waste against the Minds of the other, an Action may lie by a Writ of Waste; (2) and when it is come unto Judgement, the Defendant shall choose either to take his Part in a Place certain, by the Sheriff, and by the View, Oath, and Assignment of his Neighbours sworn and tried for the same Intent, or else he shall grant to take nothing from henceforth in the same Wood, Turf-land, and such other, but as his Partners will take. (3) And if he do choose to take his Part in a Place certain, the Part wasted shall be assigned for his Part, as it was before he committed the Waste. (4) And there is such a Writ in this Case, that is to say,

Cum A. & B. tenent boscum pro indiviso, B. fecit vastum, &c.[2]

See 20 Ed. 1. stat. 2. concerning Waste; and 11 H. 6. c. 5. where Waste is maintainable against a Tenant who grants over his Estate, and takes his Profits.

  1. ↑ 21 Ed. 3. f. 29.; Fitz. Waste, 26, 96.; 2 inst. 403.; Co. Lit. 200.; 52 H. 3. c. 23.; 6 Ed. 1. c. 5.
  2. ↑ Regist. 76.

CAP.

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