Page:Ruffhead - The Statutes at Large, 1763.djvu/145

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1.
99

the Matter to the former Justices before whom the Assise shall be taken. (5) But from henceforth the Justices of the Bench in such Assises shall give four Days at the least in the Year before the said Justices assigned, for to spare Expence and Labour. Inquisition of Trespass.(6) [1]Inquisitions of Trespass shall be determined before the Justices of both Benches, except the Trespass be so hainous that it shall require great Examination. (7) Inquisitions also of other Pleas pleaded in either of the Benches, shall be determined before them, wherein small Examination is required, as when the Entry or Seisin of any is denied, or in case when one Article is to be inquired. (8) But Inquisitions of many and great Articles, the which require great Examination, shall be taken before the Justices of the Bench, except that both Parties desire that the Inquisition may be taken afore some of the Associates when they do come into those Parts; so that from henceforth it shall not be done but by two Justices, or one with some Knight of the Shire, upon whom the Parties can agree. The Writ of Nisi prius.(9) [2]And such Inquisitions shall not be determined by any Justices of the Bench, unless a Day and a Place certain be appointed in the Shire, in Presence of the Parties, and the Day and Place shall be mentioned in a Writ judicial by these Words:

Præcipimus tibi quod venire facias coram Justiciariis nostris apud Westmonasterium in octabis sancti Michaelis, nisi talis & talis tali die & loco ad partes illas venerint, duodecim, &c.

See 6 Rich. 2. stat. 1. c. 5. ordaining that Justices of Assize shall hold their Sessions in principal Towns.  8 R. 2. c. 2. that none shall be Justice in his own County; and 11 Rich. 2. c. 2. providing that the Chancellor and Justices shall have Power to appoint where Assizes shall be held. See farther concerning Justices of Assize 20 R. 2. c. 3.  33 H. 8. c. 24.  1 Geo. 1. c. 45. And 21 Geo. 2. c. 12.

  1. ↑ 13 Co. 42.
  2. ↑ Regist. ind. 7.; F. N. B. 240. E.; Rast. 437.; 2 Salk. 454.

Assizes of Darrein presentment and Quare impedit shall be ended in their proper Counties.II. [1]And when such Inquests be taken, they shall be returned into the Bench, and there shall Judgement be given, and there they shall be inrolled. (2) And if any Inquisitions be taken otherwise than after this Form, they shall be of no Effect, except that an Assise of Darrein presentment, and Inquisitions of Quare impedit shall be determined in their own Shire before one Justice of the Bench and one Knight, at a Day and Place certain in the Bench assigned, whether the Defendant consent, or not, and there the Judgement shall be given immediately. Clerks of Assise.(3) [2]All Justices of the Benches from henceforth shall have in their Circuits Clerks to inroll all Pleas pleaded before them, like as they have used to have in Time passed. A Jury may give their Verdict at large.(4) [3]And also it is ordained, That the Justices assigned to take Assises shall not compel the Jurors to say precisely whether it be Disseisin, or not, so that they do shew the Truth of the Deed, and require Aid of the Justices. (5) But if they of their own Head will say, that it is Disseisin, their Verdict shall be admitted at their own Peril. None shall be put in Juries but such as were summoned.(6) And from henceforth the Justices shall not put in Assises or Juries any other than those that were summoned to the same at the first.

See 2 Ed. 3. c. 16.  Also 14 Ed. 3. stat. 1. c. 16. by which Nisi prius may be granted before a Justice of another Court than where the Suit dependeth, and Justices of Assize may give Judgement upon Assize, Quare impedit, and Darrein presentment. And see 14 H. 6. c. 1.  35 H. 8. c. 6.  18 Eliz. c. 12.  12 Geo. 1. c. 31.  24 Geo. 2. c. 18. §. 5. concerning farther Regulations with respect to Trials by Nisi prius.

  1. ↑ 9 H. 3. stat. 1. c. 13.; Dyer 135, 163.
  2. ↑ Dyer 175.
  3. ↑ Rast. 99, 333.; Plow. 92.; Dyer 173.; 9 Co. 11.


CAP. XXXI.
An Exception to a Plea shall be sealed by the Justices.

[1]WHEN one that is impleaded before any of the Justices doth alledge an Exception, praying that the Justices will allow it, which if they will not allow, if he that alledged the Exception do write the same Exception, and require that the Justices will
  1. ↑ 9 Co. 13.; Kelyng 15.; 2 Inst. 426.
O 2
put
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