Page:Ruffhead - The Statutes at Large, 1763.djvu/157

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1.
111

CAP. XLVIII.
In what Cases the View of Land is grantable, and what not.

[1]FOR View of Land it is ordained and provided, That from henceforth View shall not be granted but in case when View of Land is necessary: As if one lose Land by Default, and he that loseth, moveth a Writ to demand the same Land. And in case when one by an Exception dilatory abateth a Writ after the View of the Land, as by Non-tenure, or misnaming of the Town, or such like, if he purchase another Writ, in this Case, and in the Case before mentioned, from henceforth the View shall not be granted, if he had View in the first Writs. (2) In a Writ of Dower, where the Dower in Demand is of Land that the Husband aliened to the Tenant or his Ancestors, where the Tenant ought not to be ignorant what Land the Husband did aliene to him or his Ancestor, though the Husband died not seised, yet from henceforth View shall not be granted to the Tenant. (3) In a Writ of Entre also, that is abated because the Demandant misnamed the Entre, if the Demandant purchase another Writ of Entre, if the Tenant had View in the first Writ, he shall not have it in the second. (4) In all Writs also where Lands be demanded by reason of a Lease made by the Demandant, or his Ancestor, unto the Tenant, and not to his Ancestor, as that which he leased to him, being within Age, not whole of Mind, being in Prison, and such like, View shall not be granted hereafter; (5) but if the Demise were made to his Ancestor, the View shall lie as it hath done before.

  1. ↑ Fitz. View, 50, 51, 57, 129, 118.; Fitz. View, 1, 2, 5, 24, 41, 49, 69, 102, 118, 119.; 10 H. 7. f. 8.; 2 Inst. 479.

CAP. XLIX.
The Penalty for buying the Title of Land depending in Suit. A Remedy for Suits where the Law faileth.

[1]THE Chancellor, Treasurer, Justices, nor any J. of the King's Council, no Clerk of the Chancery, nor of the Exchequer, nor of any Justice or other Officer, nor any of the King's House, Clerk ne Lay, shall not receive any Church, nor Advowson of a Church, Land, nor Tenement in Fee, by Gift, nor by Purchase, nor to Farm, nor by Champerty, nor otherwise, so long as the Thing is in Plea before us, or before any of our Officers; [2](2) nor shall take no Reward thereof. (3) And he that doth contrary to this Act, either himself, or by another, or make any Bargain, shall be punished at the King's Pleasure, as well he that purchaseth, as he that doth sell.

Enforced by 28 Ed. 1. stat. 3. c. 11.

See farther 33 Ed. 1. stat. 2 & 3.  1 Ed. 3. stat. 2. c. 14.  4 Ed. 3. c. 11.  20 Ed. 3. c. 4.  1 R. 2. c. 4. against Maintenance and Champerty; and 32 H. 8. c. 9. against Bracery and buying of Titles, which farther enforces the Statutes against Maintenance and Champerty.

  1. ↑ Fitz. Champerty, 1, 5, 6, 8, 12, 14, 15.; Hob. 117.; 3 Ed. 1. c. 25.; Add 28 & 33.
  2. ↑ Regist. 182, 183.; Rast. 119.

CAP. L.
No Man shall depart from the King's Court without Remedy.

ALL the said Statutes shall take Effect at the Feast of St. Michael next coming, so that by occasion of any Offence done on this Side the said Feast, contrary to any of the Statutes, no Punishment (Mention whereof is made within these Sta-

tutes

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