Page:Ruffhead - The Statutes at Large, 1763.djvu/146

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100
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.

put to their Seals for a Witness, the Justices shall so do; and if one will not, another of the Company shall. (2) And if the King, upon Complaint made of the Justices, cause the Record to come before him, and the same Exception be not found in the Roll, and the Plaintiff shew the Exception written, with the Seal of a Justice put to, the Justice shall be commanded that he appear at a certain Day, either to confess or deny his Seal. (3) And if the Justice cannot deny his Seal, they shall proceed to Judgement according to the same Exception, as it ought to be allowed or disallowed.[1]

  1. ↑ Regist. 182.

CAP. XXXII.
Mortmain by Recovery of Land by Default.

[1]WHEN Religious Men and other Ecclesiastical Persons do implead any, and the Party impleaded maketh Default, whereby he ought to leese the Land, forasmuch as the Justices have thought hitherto, that if the Party impleaded make Default by Collusion, that where the Demandant, by Occasion of the Statute, could not obtain Seisin of the Land by Title of Gift, or other Alienation, he shall now by reason of the Default, and so the Statute is defrauded; [2](2) it is ordained by our Lord the King, and granted, That in this Case, after the Default made, it shall be inquired by the Country, whether the Demandant had Right in the Thing demanded, or no. And if it be found that the Demandant had Right in his Demand, the Judgement shall pass with him, and he shall recover Seisin; and if he hath no Right, the Land shall accrue to the next Lord of the Fee, if he demand it within a Year from the Time of the Inquest taken; (3) and if he do not demand it within the Year, it shall accrue to the next Lord above, if he do demand it within half a Year after the same Year; (4) and so every Lord after the next Lord shall have the Space of half a Year to demand it successively, until it come to the King, to whom at length, through Default of other Lords, the Lands shall accrue. Every chief Lord may challenge the Jurors.(5) And to challenge the Jurors of the Inquest, every of the chief Lords of the Fees shall be admitted, and likewise for the King, they that will shall challenge; (6) and after the Judgement given, the Land shall remain clear in the King's Hands, until it be dereigned by the Demandant, or some other chief Lord, and the Sheriff shall be charged to answer therefore at the Exchequer.[3]

See farther, 18 Ed. 1. stat. 1. c. 3.  34 Ed. 1. stat. 3.  18 Ed. 3. stat. 3. c. 3.  15 R. 2. c. 5.  23 H. 8. c. 10. restraining Alienations in Mortmain.  1 & 2 P. & M. c. 8. permitting them to spiritual Corporations.  39 Eliz. c. 5.  21 Jac. 1. c. 1.  13 & 14 Car. 2. c. 12. permitting them for the Benefit of the Poor, &c.  7 & 8 W. 3. c. 37. empowering the Crown to grant Licences to alien in Mortmain; and 9 Geo. 2. c. 36. restraining Gifts in Mortmain by Will.

  1. ↑ 7 Ed. 1. stat. 2.; 2 Inst. 428.
  2. ↑ Fitz. Coll. 1, 2, 4, 5, 6, 7, 9, 10, 11, 22, 24, 25, 26, 27, 31, 40, 42, 46.; 10 H. 7. f. 3.; 11 Ed. 3. stat. 3. c. 3.[n 1]
  3. ↑ 9 H. 3. stat. 1. c. 36.
  1. ↑ This seems to be a mistaken Reference.

CAP. XXXIII.
Lands where Crosses be set, shall be forfeited as Lands aliened in Mortmain.

[1]FOrasmuch as many Tenants set up Crosses, or cause to be set up in their Lands, in Prejudice of their Lords, that Tenants should defend themselves against the chief Lords of the Fee, by the Privileges of Templars and Hospitalers; (2) it is ordained, That such Lands shall be forfeit to the chief Lords, or to the King, in the same Manner as is provided for Lands aliened in Mortmain.

  1. ↑ 7 Ed. 1. stat. 2.; 2 Inst. 428.
4
CAP.
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