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Page:Ruffhead - The Statutes at Large, 1763.djvu/81

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A.D. 1267.
Anno quinquagesimo secundo Henrici III.
C. 11–13.
35

And they that have Hundreds of their own to be kept,[1] shall not be bound to appear at any such Turns, but in the Bailiwicks where they be dwelling. [2](4) And the Turns shall be kept after the Form of the Great Charter, and as they were used in the times of King Richard and King John.

  1. ↑ For they that have Hundreds of their own to be kept, read and if any have Tenements in different Hundreds, they shall not, &c.
  2. ↑ Regist. 174, 175.; 2 Inst. 120.

CAP. XI.
No Fines shall be taken for Beaupleader.

IT is provided also, That from henceforth neither in the Circuit of Justicers, nor in Counties, Hundreds, and Court Barons, any Fines shall be taken of any Man for Fair-Pleading, nor so that any Occasion shall be.  [1]II. And it is to be known, that by this Act Fines certain, or Loans assessed since the time that our Lord the King first passed into Britain, are not taken away.

Enforced by 3 Ed. 1. c. 8. & 1 Ed. 3. stat. 2. c. 8.

  1. ↑ Regist. 179.; 2 Inst. 122.

CAP. XII.
Days given in Dower, Assise of Darraine Presentment, and Quare impedit.

[1]IN a Plea of Dower, that is called Unde nihil habet, from henceforth four Days shall be given in the Year at the least, and more if conveniently it may be, so that they shall have five or six Days at the least in the Year. Process in Quare impedit.(2) In Assises of Darraine Presentment, and in a Plea of Quare impedit, of Churches vacant, Days shall be given from fifteen to fifteen, or from three Weeks to three Weeks, as the Place shall hap to be near, or far. (3) And in a Plea of Quare impedit, if the Disturber come not at the first Day that he is summoned, nor cast no Essoin, then he shall be attached at another Day; at which Day if he come not, nor cast no Essoin, he shall be distrained by the great Distress above given; [2](4) And if he come not then, by his Default a Writ shall go to the Bishop of the same Place, that the Claim of the Disturber for that time shall not be prejudicial to the Plaintiff; saving to the Disturber his Right at another time, when he will sue therefore.  Attachments.(5) The same Law, as to the making of Attachments, shall from henceforth be observed in all Writs where Attachments lie, as in making Distresses, so that the second Attachment shall be made by better Pledges, and afterwards the last Distress.

Altered by 32 H. 8. c. 21. and 16 Car. 1. c. 6. §. 13. and 24 Geo. 2. c. 48. §. 4. in Dower after Issue joined there shall not be above 15 Days between Teste and the Return of the Venire, &c.

  1. ↑ 3 H. 8. c. 21.
  2. ↑ Fitz. Jour. 18, 19, 32.; 11 H. 6. 4.; 33 H. 6. 1.; Fitz. Brief al Evesque, 14, 21, 22, 27.; 2 Inst. 123.

CAP. XIII.
After Issue joined there shall be but one Essoin, or one Default.

[1]AND it is to be known, after that a Man hath put himself upon any Enquest, the which hath or must pass in such manner of Writs, he shall have but one Essoin, or one Default; so that if he come not at the Day given to him by the Essoin, or make Default the second Day, then the Enquest shall be taken by his Default, and according to the same Enquest they shall proceed to Judgement. (2) And if such Enquest be taken in the County, before the Sheriff or Coroners, it shall be returned unto the King's Justices at a certain Day; and if the Party Defendant come not at that Day, then, upon his

  1. ↑ Fitz. Essoin, 21, 33, 34, 35, 100, 130, 159; 2 Inst. 120.; Godbolt 236. pl 327.; Salk. 216.
F 2
Default
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