Page:Ruffhead - The Statutes at Large, 1763.djvu/142

^[1]King, willing that Justice may be speedily ministred, and that Delays in Pleas may be taken away or abridged, granteth that a Writ of Novel disseisin shall hold Place in more Cases than it hath done heretofore; (3) and granteth, that for Estovers of Wood, Profit to be taken in Woods by gathering of Nuts, Acorns, and other Fruits, for a Corody, for Delivery of Corn and other Victuals and Necessaries to be received yearly (in a Place certain) Toll, Tronage, Passage, Pontage, Pawnage,^[2] and such like, to be taken in Places certain, keeping of Parks, Woods, Forests, Chases, Warrens, Gates, and other Bailiwicks, and Offices in Fee, ^[3]from henceforth an Assise of Novel Disseisin shall lie. (4) And in all Cases afore rehearsed, according to the customed Manner, the Writ shall be De libero tenemento; Assises in Common.(5) ^[4]and as before times it hath lien and holden Place in Common of Pasture, so shall it from henceforth hold Place in Common of Turf-land, Fishing, and such like Commons, which any Man hath appendant to Freehold, or without Freehold by special Deed, at the least for Term of Life. Lessee for Years, or Guardian aliens in Fee.(6) In case also when any holding for Term of Years, or in Ward, alieneth the same in Fee, and by such Alienation the Freehold is transferred to the Feoffee, the Remedy shall be by a Writ of Novel disseisin, and as well the Feoffor as the Feoffee shall be had for Disseisors, so that during the Life of any of them the said Writ shall hold Place; (7) and if by the Death of the Parties Remedy happen to fail by that Writ, then Remedy shall be obtained by a Writ of Entry. (8) And albeit that above Mention is made of some Cases wherein a Writ of Novel disseisin held no Place before, let no Man think therefore that this Writ lieth not now where it hath lien before. Assise where one doth feed in another Several.(9) ^[5]And though some have doubted whether a Remedy be had by this Writ in case where one feedeth in the Several of another, let it be had for certain, that a good and a sure Remedy is given in that Case by the said Writ. (10) And let them which be named Disseisors beware from henceforth that they alledge not false Exceptions, whereby the taking of the Assise may be deferred, saying, that another Time an Assise of the same Land passed between the same Parties, or saying, and falsly, that a Writ of more high Nature hangeth between the same Parties for the same Land, and upon these and like Matters do vouch Rolls or Records to Warranty, to the end that by the same vouching they may take away the Vesture, and ^[6]receive the Rents and other Profits, to the great Damage of the Plaintiff. The Penalty for failing of an Exception pleaded.(11) ^[7]And where before none other Pain was limited against him that falsly had alledged such untrue Exceptions, but only that after such false Surmises disproved the Assise should pass; (12) our Lord the King, to whom such false Exceptions be odious, hath ordained, That if any being named Disseisor do personally alledge the Exception at the Day before inquired of, or to be inquired after, to the Double, and shall nevertheless have a Year's Imprisonment for his Falshood. Pleading of an Exception by bailiff.(13) And if that Exception be alledged by a Bailiff, the taking of the Assise shall not be delayed therefore, nor the Judgement upon the Restitution of the Lands and Damages. In what Case a Certificate of Assise doth lie.(14) Yet nevertheless, that if the Master of such a Bailiff that was absent, come after before the