Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	heir_n	issue_n	tenant_n	2,162	5	9.7963	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A76070	The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon. Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained.	J. B.	1657 (1657)	Wing B102; Thomason E1655_1; ESTC R208897	73,945	241

treble damages Terms ley The next processe after this Writ is Pone and upon the return thereof and filing it with the Filacer he maketh out a distringas and thereupon you may have an amerciament in case the Defendant appear not And then an alias and a plures distringas and further amerciaments as I told you before in other actions Of Inquiry of Damages It is a Writ directed to the Sheriffe whereby the Sheriffe by the Oath of Jurors is to enquire of the costs which are the expences of the suite And damages which contain the hinderance that the Plaintiff or Demandant in a real or personal action hath suffered by means of the wrong done unto him by the Defendant or Tenant Terms ley Of a Scire facias upon a special Bail in the Filacers Office It is a VVrit that issueth out after Judgement had and obtained by the Plaintiffe against the Defendant by a nihil dicit non sum informatus confession of the Action Trial by nisi prius or otherwise And the Plaintiffe having so obtained judgement against the Defendant and perceiving that he is not easily to be arrested and taken in execution or not sufficient to satisfie the same but knoweth the Bayl to be better able than the Plaintiffe may at his choice leave the Defendant and prosecute the Bayl in this manner First Judgement being entred he must sue forth a Capias ad satisfaciendum against the Defendant directed to the Sheriffe of the same County where the Action was first laid and get the same returned by a non est inventus then he must procure a VVrit of Scire facias from the Filacer against the Bayl if the Bayl were taken by the Filacer upon the Capias alias plures habeas Corpus c. issuing out of that Office upon which VVrit if the Sheriffe return a Scire feci then there needs no second VVrit to be made but if he return a nihil then there must a second VVrit of Scire facias which being likewise returned with a nihil then the two VVrits of Scire facias must be taken out upon the remembrance in the Prothonotaries Office with the returns of them and rules thereupon given and filed accordingly with the Custos Brevium and thereupon if the Bayl shew not cause why Judgement should not be had Judgement by default shall be entred against them in the said Prothonotaries Office for the summe in which they became Bayl as aforesaid whereupon the Plaintiffe may take execution out against them either by fieri facias or elegit but not by Capias ad satisfaciendum against their persons And in this case observe that the Plaintiffe may likewise sue and Arrest the Bayl going by way of Original at the Common Law for the summe for which they became Bayl and Arrest their bodies either upon the Capias or plures or sue them to the exigent thereupon and declare upon the said Recognizance using all proceedings therein as in an Action of Debt but in this the Action must be laid in the County of Middlesex onely where the Records do lie and whence the venew out of that respect must rise And if the Bayl cannot be Arrested in the County of Middlesex upon a Capias c. you may return he cannot be found c. and sue forth thereupon a Testatum and by that means Arrest them in any other County where they may be found observing all the proceedings as in an Action of Debt Of a Supersedeas It is a Writ awarded to the Sheriffe commanding him to surcease for to Arrest the party and if he have Arrested him then that he set him at Liberty For that the Defendant hath appeared or found sufficient Bayl for his appearance by the return of the Processe c. See more of this Writ how and for what it may be granted in F. N. B. 591. 593. 594. Of a VVrit of Dower and of a Grand-cape and Petite-cape It is a Writ and it lieth where a man is sole seised during the Coverture between him and his wife of Lands or Tenements in Fee-simple or Fee-tail where by possibility the issue between them may inherit if such a man die his wife shall recover the third part of all the Lands whereof the Husband was sole seised any time during the Coverture Terms-ley it is called Dower or Dowery as a gift because the Law it self doth without any gift of the Husband give it to her The Processe in this Action of Dower are First a Summons between the Teste and return whereof there is 5. returns And if the Tenant neither appear nor nor cast an Essoigne entring a ne recipiatur a grand Cape lies to seize the Lands c. for that for such his default the Tenant shall loose his Land But if he wage his Law of non Summons he shall save his default and then he may plead with the Demandant Note that in the Grand Cape the Tenant shall be summoned to answer to the default and further to the Demandant but in petite Cape he shall be summoned to answer to the default onely and not to the Demandant and it is called a petite Cape because it includes lesse than the other And if the Tenant by the return of the Summons Essoigne the Demandant adjourns 15. dayes longer in such case the Attorney for the Tenant may enter with the Filacer that the Tenant appears and prayes view c. then a Writ of view goes out whereby the Sheriffe is to shew the Tenant the Lands in question which supposeth the Tenant knows not well what Lands it is that the Demandant asketh by the return of which Writ of view the Tenants Attorney takes a Declaration Note that where a default is made after appearance there a petite Cape is to issue forth at the Demandants suite which is made as likewise the grand Cape by the Filacer of the County where the Land lieth Of a Formedon There are three sorts of Formedon viz. in Descender in Remainder and in Reverter The first is where Tenant in the tail enfeoffeth a Stranger or is disseised and dieth the Heir shall have the Writ of Formedon in Descender to recover the Land The second is where one gives Lands in the tail and for default of issue the Remainder to another in the tail and that for default of such issue the Land shall Revert to the Donor if the first Tenant in tail die without issue he in the Remainder shall have a Formedon in Remainder But if the Tenant in the tail die without issue and he in the Remainder also die without issue then the Donor or his Heirs shall have a Formedon in the Reverter Terms ley The processe incident to this action are first a Summons between the Teste and return whereof there is 9. returns and the same Processe which are in Dower after the Summons that is a grand Cape Writ of view and petite Cape the proceedings are much like to that of Dower

Declaration Return irreplevisable shall be awarded to the Avowant then he may make his Avowry to the intent to ground a Writ to enquire of damages or he may hold the beasts as a distresse till he be satisfied And if any Retorno habendo go forth before this Writ this is a Supersedeas to it the Sheriff must not proceed upon it F.N. B. 72. Dyer 41.42 280 59. If the Sheriff upon the Retorno habendo do return that the Cattle were esloigned then a Capias in Withernam shall be awarded to take other Cattle and if the Sheriffe retorn he hath no Cattel then a Capias against the body Of a Capias in Withernam It is a Writ lying where he that destraineth or the Owner of the Cattle after the distresse taken doth esloign them or carry them out of the County or holdeth keepeth them in some Castle so that the Sheriffe cannot make a Replevine or Retorno habendo as occasion is then the Sheriff by this Writ may take so much of the other goods or Cattle of the party that hath done this instead of them And if they be in a Castle within his County the Sheriff may take posse Comitatus and break into the Castle and make Replevine 3. H. 7.1 Terms ley distr F. N. B. 73 West 1. cap. 17. Dyer 41.59 West 1. c. 20. Brit. Chap. 17. Note that whatsoever the Sheriffe retorns upon the plures Replevine it ought to be inserted and rehearsed in the Writ of Withernam And if the Sheriff retorn that he hath commanded the Bayliffe of the Franchise who hath given him no answer or that the Bayliffe will not make deliverance that then the Plaintiffe shall have a non omittas directed to the Sheriffe commanding him to enter into the Franchise and make the return and if the Sheriffe do it not the Plaintiffe shall have an alias non omittas directed to the Sheriffe and afterwards a plures non omittas c. Of the non Omittas It is a Writ and lieth where the Sheriffe returneth upon a Writ to him directed that he hath sent to the Bayliffe of such a Franchise which hath return of writs he hath not served the Writ then the Plaintiff shall have this Writ directed to the Sheriffe that he himself enter into the Franchise and execute the Writ and the Sheriffe shall warn the Bayliffe that he be before the Justices at that day contained in the writ and if he come not excuse himself then all the Writs judicials which shall passe out of the Court during the same Plea shall be Writs de non omittas c. and the Sheriffe shall make execution of them having that Plea Terms ley The Sheriffs return that he hath commanded the Bayliffe of the Liberty c. who gave him no answer c. or the other return that that the Bayliffe will make no deliverance are no good returns for by the Statute of Westminster 1 Chap. 27. in the end of the same Statute appears that the Sheriffe upon such a return made to him by the Bayliffe ought presently to enter into the Franchise or Liberty make deliverance of the thing taken Of a Partitione Facienda This Writ lieth where two or more men hold Lands or Tenements together joyntly or in Common and undivided which are divideable by Law and some of them refuse to divide them in this case the rest may enforce them to it by this Writ to the Sheriffe who will thereupon by a Jury of the Bayly-wick divide it Terms ley Statute of 32. H. 8. cap. 10. and 32. H. 8. cap. 32. The Writs that are made out on this Writ after the Summons returned are a Pone and distresse infinite but before you can have your distr you must be sure to have your Pone returned by the Sheriffe and to file it with the Filacer which warrants the making out of the distringas and upon that you may get an amearcement of five pounds if the Defendant appear not then you may have an alias distringas doubling your issues and so distresse infinite till he do appear Of a Warrantia Chartae This VVrit lieth for him that is enfeoffed with warranty and is afterwards impleaded in an Assize or other Action in which he cannot vouch then he may have this Writ against the Feofor or his Heir to compel them to warrant the Land unto him Terms ley F. N. B. fol. 134. D. A man may bring this Writ of Warrantia Chartae c. in what County he will if the deed bear not date at a certain place or County for then he ought to bring the VVrit where the deed bears date This VVrit extendeth to the warranty of Lands c. of an estate of Free-hold or inheritance and not to any Chattle real personal or mixt saving onely in case of a wardship granted with warranty The processe whereby the vouchee is called is a Summons ad warrantizandum and whereupon if the Sheriffe return that the vouchee is sumoned he make default then there is awarded a Magnum Cape ad valenciam c. when if he make default again then judgement is given against the Tennant and he to have over in value against the vouchee but if the Sheriffe return that he hath nothing then after a Writ of alias and plures a Writ of sequitur sub periculo suo is awarded c. And the Demandant shall not have judgement to recover in value c. because the vouchee was never warned After the Summons comes a pone and then a distringas and if the Defendant appear not an alias distringas setting issues c. And so distresse in infinitum till there be appearance given Of a Quare impedit It is a Writ judicial that lieth where one hath recovered a presentment to the Bishop to command him to admit his Clerk that hath recovered and if the suite were against the Bishop alone then this Writ may be directed to the Bishop of the Diocesse or the Metropolitane at the election of the party And if in this case the Bishop refuse him the party may have a quare not admisit F. N.B. 38. or it is a Writ that lieth where a man hath an Advowson and the Parson dieth and another presenteth his Clerk or disturbeth me to present then he may have the said Writ The Writ is a Summons at the Plaintiffs suite and after your proceeds are the same as in the Writ of Partition by pone and distringas c. Of Wast VVaste is where Tenant for Term of years Tenant for life or Tenant for Term of anothers life Tenant in dower or Tenant by the courtesie or Guardian in Chivalery doth make waste or destruction upon the Land that is to say pulleth down the house or cutteth down Timber or suffereth the house willingly to fall or diggeth the ground then he in the reversion shall have one Writ for the waste and shall recover the place where the waste was done

moreover here came D. H. of c. N.H. of c. in their proper persons and each of them did acknowledge himself to owe to the said B. the summe of 200. l. of lawfull money of England which said summe of 200. l. the said D. and N. for themselves and their Heirs do will and grant and either of them do will and agree shall be made of the Lands and Cattles of both of them and shall be levied to the use and behoof of the said B. and his Executors and the said A. likewise present here in Court doth acknowledge himself to owe to the aforesaid B. the summe of 400. l. of lawfull money of England which said summe of 400. l. the said A. for himself his Executors and Administrators doth will and agree shall be made of his Lands and Goods and shall be levied to the use and behoof of the said B. and his Executors yet under this condition that if it shall happen that judgement in the aforesaid Plaint to be here given for the said Plaintiffe in the said debt and also all damages adjudged to the said Plaintiffe against the said Defendant here in Court by occasion of the detaining of the aforesaid debt he shall satisfie it or render his body here in Court in execution of the same judgment c. A Writ of Scire Facias against the Bail Oliver c. To the Sheriffe of Surry Greeting whereas John Haslock late of Catteram in your County Yeoman and Anthony Basset of the same Husband-man late in our Court to wit in the Term of the Holy Trinity in the year of our Lord 1653. before F. W. one of our Justices of the Common-Bench at Westminster have bailed and both of them did become bayl for Robert Onusted late of c. in twenty pounds that if it should happen the same Robert in a Plea of debt upon demand of twenty pounds against him by one John Slater otherwise Green Executor of the Testament of Robert Slater alias Green in our said Court of Common-Bench aforesaid prosecuted by any lawfull means to be convicted and judgement for the same Executor in the Plea aforesaid against the aforesaid Robert in the same Court to be given that then the same Robert the aforesaid debt of twenty pounds and also all damages to the said Executor by occasion of the detention of the debt aforesaid against the said Robert in the said Court to be assessed or by any way to be adjudged should satisfie or that the said Robert his body in Execution of that judgement in our said Court should yield which said twenty pounds the aforesaid John Haswell and Anthony have acknowledged to be made of the Lands and Cattles and to the behoof and use of the aforesaid Executor to be levied if it should happen the said Robert against the Bayl aforesaid in any way to make default and although the aforesaid Executor in the Term of St. Michael in the year c. before E.A. Knight and his associates our then Justices of the Common-Bench at Westminster by order of the same Court had recovered against the aforesaid Robert as well the aforesaid twenty pounds as thirty shillings which to the same Executor in our said Court were adjudged for his damages which he hath had by occasion of the detention of that debt whereof he is convicted as by the Record and Processe thereof in our said Court remaining it manifestly appeareth yet the aforesaid Robert his body in Execution of the judgement aforesaid in our said Court hath not yielded nor to the aforesaid Executor for the debt and damages aforesaid according to the Form of the Recognisance aforesaid hath satisfied as by the information of the aforesaid Executor we have received and for that we will that those things which in our said Court have been rightly done and recognized be duely demanded for execution we command you that by honest and lawfull men of your Bayly-wick you give to the aforesaid John Haswell and Anthony to know that they be before our Justices at Westminster from the day of Easter in 15. dayes to shew if they have or know any thing to say for themselves why the aforesaid twenty pounds by them in form aforesaid severally acknowledged of their Lands and Cattles in your Bayly-wick ought not to be made and to the aforesaid executor yielded according to the form of the Recognizance aforesaid if they shall think fit and have you there the names of them by whom you shall give them to know and this VVrit Witnesse O. St. John c. FINIS