Page:Ruffhead - The Statutes at Large, 1763.djvu/200

and double Damages, and they that alledge the false Exception shall have the Punishment aforesaid. (10) But if neither of the Tenants do come at the Day, then upon their Default the Assise shall pass against them. (11) And if it be found thereby, that the same Exception was lawfully and truly alledged, and that they which alledged it were jointly seised before the Plaintiff purchased his Writ against them, the Assise shall pass no further, but the Writ shall be abated. (12) The same shall be observed, if both or one only do appear, if it be found by Assise that the Exception aforesaid was truly alledged, as before is said. (13)Jointenancy pleaded in Mortdauncestor and Juris utrum. In the same Order it is established and agreed, That in Assises of Mortdauncestor, and Juris utrum, at the first Day that the Parties appear in Court, if the Tenant alledge the foresaid Exception against the Demandant, shewing a Deed thereupon, and the Demandant will offer to aver by the Assise or Jury, that at the Day of his Writ purchased, he that alledged the Exception was sole Tenant, from thence the same Process and Manner of Proceeding shall be used in ^[1] Assises of Mortdauncestor and Writs of Juris utrum, as before is ordained in Assises of Novel disseisin, and like Punishment shall be inflicted upon the Offenders and those that be convict. (14)Jointenancy pleaded in other real Actions. In other Writs whereby Tenements are demanded, such Process shall be made, that if at the first Day that the Parties appear in Court, the Tenant doth alledge the foresaid Exception of a joint Feoffment, and the Demandant will offer to aver by the Country, that the Day of the Writ purchased, he that alledged the Exception was sole Tenant, then the same Process and Manner of Proceeding shall be observed betwixt the Parties until a Jury have passed between them thereupon. (15) And if it be found by the Jury, that the same Exception was truly alledged, then the Writ of the Demandant shall abate; (16) and if it be founden by the Jury, that the same Exception was falsly alledged, and to the Hindrance of the Party, then the Demandant shall recover his Seisin of the Tenements in Demand, and the Tenant shall be punished by the Pain above limited in Assises of Novel disseisin as to the Imprisonment, and as to the Damages, according to the Discretion of the Justices. (17) And we will and grant, That this Statute shall take his Effect: the Morrow after the Feast of Saint Peter ad vincula next coming. (18)^[2] Forasmuch also as Pleas in Court Spiritual heretofore had many Times unmeet Delays, for that our Writ that is called Indicavit was many Times brought before the Judges of such Matters when they were begun, and thereupon our chief Justices could not proceed lawfully, nor in due Manner, to award a Writ of Consultation upon such manner of Process; (19)When the Writ of Indicavit is to be granted.^[3] it is agreed, That such a Writ of Indicavit shall not be granted from henceforth to any before the Matter hanging in the Spiritual Court between the Parties be recorded, and that our Chancellor shall be certified thereof by the Sight and Inspection of the Libel. (20) In Witness of which Thing we have caused these our Letters to be Patent, I myself being Witness at Westminster. Given the seven and twentieth Day of the Month of May, the four and thirtieth Year of our Reign.