Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	act_n	offence_n	peace_n	2,595	5	6.0850	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50665	Land-lords law a treatise very fit for the perusal of all gentlemen and others : being a collection of several cases in the law concerning leases, distresses, replevins, rescous, waste, and several other matters which often happen between land-lord and tenant, as appears in the contents of the several chapters / by G. Meriton ...	Meriton, George, 1634-1711.	1665 (1665)	Wing M1803; ESTC R19512	77,063	192

grieved so much as the Justice or Head-Officer shall set down and in case the party offending be not able to pay it or do it not according to Order then the Offender is by them or either of them respectively to be committed to the Constable or other Officer of the Place where the Offence was committed or the party apprehended to be whipped and so for every Offence afterwards and proved as aforesaid the Offender is to have the like punishment of Whipping If the Constable refuse or neglect to whip the Offender any such Justice of Peace or Head-Officer may commit him to Prison without Bail till he whip or cause to be whipped the party offending as is above declared No Justice may execute this Statute for Offences done to himself unless he be associated with one or more Justices of Peace whom the Offence doth not concern Stat. 43. El. ch 7. Now the Statute of the 15. Car. 2. is an Additional Act to this as follows That every Constable Head-borough or other person in every County City Town Corporate or other place where they shall be Officers or Inhabitants shall have power to apprehend or cause to be apprehended such as they suspect for having or carrying or any waies conveying any Burthen or Bundles of any kinde of Wood Under-wood Poles or young Trees Bark or Bast of Trees or any Gates Styles Posts Pales Rails or Hedg-wood Broom or Furze If any person be suspected to have any such Woods Under-woods c. any Officer by Warrant under the hand and Seal of one Justice may enter by virtue thereof into the Houses Out-houses Yards Gardens or other places belonging to such persons and wheresoever they finde any such they may apprehend those persons and also those who are suspected to have cut and taken the same and carry them before a Justice of the Peace of the County City c. and if he in whose custody such Wood c. is found cannot give a good Account which may be satisfactory to the Justice how he came by the same with the consent of the Owner or do not within a convenient time set down by the Justice produce the party of whom he bought the same Wood Under-wood c. or some other credible Witness to depose upon Oath such Sale of the said Wood Under-wood c. which the Justice may administer that then the said person shall be deemed convict of the said offence of cutting and spoiling of the same Woods Under-woods c. within the meaning of the before-recited Statute of the 43. of Eliz. and be liable to the punishment therein contained and to pay over and above down presently to the use of the Overseers of the Poor of the place where the Offence is committed for the First Offence such a summe not exceeding 10s as the Justice shall appoint And if the Offender shall not perform the Justice's Order herein to the Owner and also to the Overseers of the Poor then the Justice is to commit him to the House of Correction for so long not exceeding one Moneth as he shall think meet or to be whipt by the Constable or other Officer as the Justice shall judge most expedient And if such person shall again offend in the like kinde and be convicted as before then he must be sent to the House of Correction for one Moneth and be there held to hard Labour And if he do offend the third time and be convicted as before then he shall be taken adjudged and deemed as an Incorrigible Rogue If any buy any Burthens of Wood c. as before named which may be justly suspected to have been stoln or unlawfully come by any Justice Mayor Bailiff or Head-Officer within his Jurisdiction may upon complaint to him made examine the matter upon Oath which they may administer and if he find that the same was bought of one that may be justly suspected to have stoln or unlawfully come by the same he may then order the party that bought the same to pay Treble the value to the party from whom they were stoln or unlawfully come by and in default of present payment thereof issue out his Warrant to levy the same by Distress and Sale of the Offender's goods rendring the overplus to the owner of such goods and for lack of such distress to commit the party to the Gaol there to remain without Bail for the space of one Moneth at his own charges Note that no man is to be punished by this Law that hath been punished by a former Law for the same Offence nor is any man to be questioned for any offence in this Statute unless he be questioned for the same within six weeks after the Offence is committed FINIS

this case shall abate because every kind of Action of Waste must be ad exhaereditationem If there be two Joynt-tenants Co. 1 part Inst f. 200. b. Westm 2 chap. 22. Vide Rastall Waste 6. Wingate's Abr. Stat. p. 552. Ferrer's Mag. Charta fo 71. b. Co. ● part Inst fo of a Wood Turbary Piscary or the like and one of them doth Waste against the will of the other here the other may have an Action of Waste against him and he that did the Waste hath election before Judgment either to take his part in certainty by the Sheriff and the Oath of 12 men c. or that he grant that from thenceforth he shall not doe Waste but according to his proportion c. and if he make choice of a certain place then the place wasted shall be assigned to him And this doth extend as well Co. 1 part Inst fo 200. a. b. 47 E. 3. 22. b. 2 H. 5. 1 3. to Tenants in common and Joynt-tenants for Life as to an Estate of Inheritance but if one Tenant in common or Joynt-tenant out of a Dove-house destroy the whole Flight of Doves no Action of Waste doth lie in that case upon the Statute but the other may have an Action of Trespass against him that destroyed them quare vi armis Columbare le Pl fregit 200 Columbas Pret. 40 interfecit c. If a Lease be made to hold to one without any impeachment Co. 1 part Inst f. 220. a. Vide Co. Reports l. 2. f. 23. l. 9. f. 9. l. 12. f. 83. of Waste then the Lessee may cut down Trees and convert them to his own use but if the words be to hold without impeachment for any Action of Waste then in th●● case if the Lessee cut dow● Trees the Lessor shall hav● them for the discharge extends but to the Action If Lessee for Life grant a Co. 1 part Inst f. 233. b. 234. a. Rent-charge and after doth Waste and the Lessor recover in an Action of Waste he shall hold the Land charged during the Life of the Tenant for Life but if the Rent were granted after the Waste done the Lessor shall then avoid the Grant made by the Lessee for Life A Parson Vicar Arch-deacon Prebend c. may have Co. 1 part Inst f. 341. a. 10 H. 7. 5. F. N. B. 55. d. 57. c. an Action of Waste and the Writ shall be said ad exhaeditationem Ecclesiae c. ipsius B or Praebendae ipsius A. If Tenant in Fee release to his Tenant for Life all his Co. 1 part Inst f. 345. b. 42. F. 3. ● 23 F. N. B. 60. ● 41 E. 3. Wast 83. 42 E. 3. 18. Right yet he shall have an Action of Waste And if Tenant in Tail make a Lease for his own Life yet Idem Ibid. he shall have an Action of Waste But if Tenant for Life be the Remainder to another in Co. 1 part Inst f. 345. b. 43 Ass pl. 13.41 E. 3. Wast 83.11 H. 4.67.13 H. 7.10 Plo. Com. 482. Tail and he in the Remainder release to the Tenant for Life all his Right and State in the Land in this case he cannot afterwards have an Action of Waste If the Lessor bring an Action Co. 1 part Inst f. 356. a. 46 E. 3. 20. 8 H. 6.13.30 H. 6. 7. of Waste against his Lessee the Lessee cannot plead generally Riens en le Reversion but he must shew how and by what means the Reversion is devested out of him But if the Grantee of a Reversion bring an Action of Co. ubi suprá Waste the Lessee may plead generally that he hath nothing in the Reversion If a Bishop make a Lease Co. 1 part Inst f. 356. for Life or Years and dies and the Lessee the See being void doth Waste in this case the Successor shall have an Action of Waste And so if Lessee for Life be disseised and Waste is done Co. ubi suprá and the Lessee re-enters here an Action of Waste lieth against him If Lessor and Lessee for Years c. join in the cutting Mich. 18 H. 8 ● Perkins 202. down of 20 Oaks c. growing upon the Lands leased the Lessor shall not punish the Lessee for the same If the Lessee before his term begin enter into the Lands let to him and doe an Act which amounteth unto Waste the Lessor shall not have an Action of Waste for the same None shall have Judgment to Finch l. 1. ch 3. p. 29. recover in an Action of Waste where the Waste comes but to 12d or such a petty Summe for De minimis non curat Lex If Waste be done upon Co. 2 part Inst ● 303. Reges Prac. p. 343. Lands let for term of Years or Life by one against whom the Lessee can have no Remedy in Law for committing the same Waste the Lessee in such case is not punishable for the same by the Lessor except there be a special Covenant in the Lease that he shall not commit nor suffer Waste to be done Note well what hath been here said concerning Guardians in Chivalry and their Wards is but onely to shew what the Law was formerly in those cases for now by the Stat. of 12 Car. 2. chap. 24. Wardship that former undoing of many Gentlemen Primer-Seisins and all Ouster le mains c. are quite taken away and all hold now in free and common Soccage and every Father whether he be at age of 21 years or under may by Deed executed in his life-time or by his last Will and Testament in writing in the presence of two or more credible Witnesses delivered dispose of his Children under the age of 21 years and not married at the time of his Death for and during such time as they shall remain under the age of 21 years or any lesser time to the Custody and Tuition of any person or persons in Possession or Remainder Popish Recusants excepted and such Disposition of such Child or Children since the 24 Febr. 1645 or hereafter to be made shall be good against all and every person and persons claiming such Child or Children as Guardian in Soccage or otherwise c. CHAP. XIII An Abridgment of the Statute of the 43 Elizab. and the 15 of Car. 2. about the unlawful cutting stealing or spoiling of Wood c. necessary for all Gentlemen to know IF any shall be convicted by his own Confession or by the Testimony of one Witness upon Oath before one Justice of Peace or Head-Officer to have unlawfully cut or taken away any Grain growing robbed any Orchard or Garden digged up or taken away any Fruit-Trees broken any Hedges Pales or other Fences cut or spoiled any Woods or Under-woods standing and growing or the like or to have been accessary thereunto he shall within such time as the Justice or Head-Officer shall appoint pay for the first Offence to the party