Page:Ruffhead - The Statutes at Large, 1763.djvu/141

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1.
95

CAP. XXIII.
Executors may have a Writ of Accompt.

[1]EXecutors from henceforth shall have a Writ of Accompt, and the same Action and Process in the same Writ as the Testator might have had if he had lived.

4 Ed. 3. c. 7. which gives Executors an Action of Trespass for Wrong done to Testator. And 25 Ed. 3. stat. 5. c. 5. extends it to Executors of Executors.

  1. ↑ 2 Inst. 404.; Fitz. Executors, 97.

CAP. XXIV.
A Writ of Nusance of a House, &c. levied and aliened to another. A Quod permittat and Juris utrum for a Parson of a Church. In like Cases like Writs be grantable.

A Writ of Nusance.IN [1]Cases whereas a Writ is granted out of the Chancery for the Fact of another, the Plaintiffs from henceforth shall not depart from the King's Court without Remedy, because the Land is transferred from one to another. (2) And in the Register of the Chancery there is no special Writ found in this Case, as of a House, a Wall, a Market, but the Writ is granted against him that levied the Nusance. [2](3) And if the House, Wall, or such like be aliened to another, the Writ shall not be denied; but from henceforth, where in one Case a Writ is granted, in like Case, when like Remedy falleth,[3] the Writ shall be made as hath been used before:

(4) Questus est nobis A. quod D. injuste, &c. levavit domum, murum, mercatum, & alia quæ sunt ad nocumentum, &c.

(5) And if such Things levied be aliened from one to another, the Writ shall be thus:

Questus est nobis A. quod B. & C. levaverunt, &c.

6 R. 2. stat. 1. c. 3. in which Courts Writs of Nusance called Vicontiels shall be pursued.

  1. ↑ Rast. 405.; 2 Inst. 404.; Rast. 441.
  2. ↑ 9 Co. 55.
  3. ↑ Read requiring like Remedy.

Quod permittat.II. [1]In like manner as a Parson of a Church may recover Common of Pasture by Writ of Novel disseisin, likewise from henceforth his Successor shall have a Quod permittat against the Disseisor or his Heir, though a like Writ were never granted out of the Chancery before. (2) And in like manner as a Writ is granted to try whether Land be the free Alms of such a Church, or the Lay Fee of such a Man, even so from henceforth a Writ shall be made to try whether it be the free Alms of this Church, or of another Church, in Case where the free Alms of one Church is transferred to the Possession of another Church. (3) And whensoever from henceforth it shall fortune in the Chancery, that in one Case a Writ is found, and in like Case falling under like Law, and requiring like Remedy, is found none, the Clerks of the Chancery shall agree in making the Writ; [2](4) or the Plaintiffs may adjourn it[3] until the next Parliament, and let the Cases be written in which they cannot agree, and let them refer themselves until the next Parliament, by Consent of Men learned in the Law, a Writ shall be made, lest it might happen after that the Court should long time fail to minister Justice unto Complainants.[4]

14 Ed. 3. c. 17. gives Juris utrum to Parson or Vicar.

  1. ↑ Rast. 538.; Regist. 31.
  2. ↑ Rast. 419.; Coke pla. 359.
  3. ↑ Or adjourn the Plaintiffs.
  4. ↑ Rast. 123.; Fitz. Entry, 3, 7, 8, 10, 61, 64, 67, 68, 69, 74.; Co. Lit. 54. b.

CAP. XXV.
Of what Things an Assise shall lie. Certificate of Assise. Attachment in an Assise.

Of what Things an Assise of Novel disseisin will lie.FOrasmuch as there is no Writ in the Chancery whereby Plaintiffs can have so speedy Remedy, as by a Writ of Novel disseisin; (2) our Lord the

King,

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