Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	heir_n	tail_n	2,529	5	9.7722	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31505	Certain proposals of divers clerks and attorneys of the Court of Common Pleas for the taking away fines upon original writs and damage cleer and regulating the proceedings of law and remedying some inconveniences ... / presented to the Right Honourable the Lords and Commons assembled in Parliament.		1661 (1661)	Wing C1729; ESTC R35481	7,641	14

Error shall be brought meerly for delay or that the matter assigned shall not be difficult or abide argument then the party Plaintiff in the said Writ of Error to pay to the Defendant for his or their delay therein treble costs and damage and in case of Non-suit or discontinuance before argument double costs and in case of abatement or in such cases where the matter shall be difficult single costs and damages and that the parties may have thereof like execution as for the principle debt or damages 9. They humbly conceive it fit that some legal course were provided for the recovery of Legacies and that the Client should not be forced to an equitable course in Chancery for every petit Legacy There is by reason the Civil Law hath no compulsary process no remedy but in Chancery for Legacies where if the Legacy be small it is quickly spent with a great overplus the remedy whereby often proves worse than the disease They therefore humbly propose that an Action of Debt Trover Detinue or other Action as the Case requires may lie at Common Law for the same and that therein the thing demanded upon due proof made upon the Tryal may be recovered with costs and damages and like defence and process may be had therein as in such other Actions are or shall be used at Common Law 10. As the Law now stands the Heir may defeat all Creditors for if he fear the debts of the Ancestor he may alient the same day his Ancestor dies and leave the Creditor no medium to bring his Action and though it is true that fraud may be averred yet few frauds are hard to be proved They humbly conceive it very hard to the Creditor that the bare alienation of an Heir should defeat him of a just debt the same being often done meerly in fraud when perhaps the Creditors money purchased the land discending and therefore they humbly propose that an Action of debt may lie against the Heir in all cases as well after as before alienation and that his Person Goods and Land may be subject to the execution for the debt of his Ancestors upon specialty to the value of the land discending in Fee-simple or fee-Fee-tail and that such Action and this proposal may if the Parliament shall conceive meet be extended to the heirs of Copyholders as well as Freeholders 11. They humbly propose that for the avoiding of unnecessary and frivolous suits at Law that it may be enacted that if any Attorney or Sollicitor shall deposite in the defence or prosecution of his Clients Cause any other or larger summ or summs then so much as the charge thereof shall surmount unto in Easter Term Trinity Term and the short Vacation or in one other Term and Vacation that then such Attorney or Sollicitor shall be without all remedy to recover the same against the Client at Law 12. In Replevin at Common-law tender of amends before impounding in all cases was a good Bar and by the Statute 21 Jac. in trespass for involuntary Trespasses tender of amends is made a good plea being done before Action brought but because many times impoundings and actions are made and brought perhaps before the Defendant hath any knowledge of the Trespass this proposal is presented But for voluntary trespasses it is conceived fit to leave them at the Common Law to prevent greater inconveniencies And for the further avoiding of the frivolous suits at Law they humbly propose that tender of sufficient amends with costs for all involuntary Trespasses may be a good Bar in all Replevins and Actions of Trespass brought for the same so that the same be done before the Rules be out for pleading in such Action FINIS