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	life_n	tail_n	2,528	5	9.7186	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A64757	Practica Walliæ, or, The proceedings in the great sessions of Wales containing the method and practice of an attorney there, from an original to the execution : whereunto is added, the old statute of Wales at large, and an abridgement of all the statutes uniting Wales to England : with tables of the fees, and the matters therein contained / by Rice Vaughan ...	Vaughan, Rice.	1672 (1672)	Wing V136; ESTC R3656	72,094	234

l. XCV All Officers and other Persons in Wales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and Process from any of them directed and all lawful and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices XCVI Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledge Recognizances before the President or one of the Justices by a Dedimus for the due execution of their offices and for their true account before the King's Auditor or Auditors to be assigned for that purpose which Oath and Recognizance shall be agreeable to those used for Escheators in England XCVII Such Escheators shall yearly have their Patents under the great Seal shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum freehold and shall account yearly before such Auditor or Auditors as the King shall assign for Wales XCVIII There shall be also two Coroners elected for each of the said twelve Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like Fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester XCIX The Justices of Peace or two of them 1. Qu. shall appoint in every Hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England C. The Sheriff shall have a Goal in a place of the Castle of the Shire-Town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailiffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CI. Sheriffs shall keep their Counties monthly and their Hundred-Courts for pleas under 2 l. and shall take for entring of Plaints Process Pleas and Judgements there as is used in England and not above Also all Trials in such Courts or before Stewards in Court Barons shall be by Wager of Law or Verdict of six Men at the election of the Party Plaintiff or Defendant that pleads the Plea CII Sheriffs shall hold their Turns yearly after Easter and Michaclmas as is used in England CIII The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turns to his own use and the Sheriff shall account for the same accordingly having been first afferred by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so afferred in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgement in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CIV Certain Fees which the Sheriff is to have for the return and execution of divers Writs For which see the Statute at large CV Every Sheriff within this limit may put suspitious persons under common Main-prise according to the Statute of 47 H. 8.26 which see before binding them with two sufficient Sureties by Recognizance to appear before the Justices at the next great Sessions and shall then also certifie the names of the parties so bound without concealment CVI. The Sheriffs Fee for taking such common Main-prise is 2 d. but he shall take no Fee for the return of any Writ of Execution unless he return the same executed CVII The Fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CVIII None for Murder or Felony shall be put to his Fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CIX The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CX Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXI If any sorreign Plea or Voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole Record unto the Justice that sent it who thereupon shall proceed to Judgement as the Cause shall require but if such Plea or Voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign Plea or Voucher notwithstanding CXII All Lands Tenements and Hereditaments in Wales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst Heirs males according to the Custom of Gavelkind CXIII No Mortgages of Lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise then after the course of the Common-Law and Statutes of England CXIV It shall be lawfull for all persons to alien their Lands c. in Wales the County of Monmouth and other places annexed as aforesaid from them and their Heirs to any person or persons in Fee-simple fee-Fee-tail for life or years according to the Laws of England notwithstanding any Welch Law or Custom to the contrary CXV If any person having Lands in Wales be bound in England by a Statute staple of Recognizance and pay not the Debt accordingly in such Cases upon Certificate into the Chancery of England Processes shall be made to the Sheriffs of Wales out of the said Chancery for the due levying of the said Debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Place of

Defendant die or against the Son and Heir of the Defendant or against the ter-Tenant of the Lands which the Defendant held at the time of the Judgement And also when a single Woman marries after she recovers she must have a Scire fac in her and her Husbands name or where there are two Plaintiffs and one died after Judgement and before satisfaction there the Survivor must have a Scire fac and it is very fit a Scire fac be where two are such joyntly and one of them died after Judgement and before satisfaction that a Scire fac be had against th● Survivor Defendant that the future Execution be only against the surviving person for otherwise it mu●● be issued out against him that is dead as well as against him that is living for otherwise no Record will warrant the issuing of any Execution fo● or against them who before that Scire facias were therein never mentioned in all which Scire facias the●● must be a mention or suggestion 〈◊〉 the Cause thereof In a Scire facias against one Executor or Administrator for a Debt recovered against the Testator or Inte●state he may plead as he might to as Action commenced for the same thing against him Ne unques Exec. c. o● Administratio nunquam Commissa fuit but his safest course will be Plene administravit but if there were an● Judgement against the Testator 〈◊〉 Intestator that must be pleaded i● special or otherwise he shall have 〈◊〉 benefit thereof when he comes 〈◊〉 discharge the Assets that shall be charged upon him upon his general Plene Administravit The Scire facias against the Heir is where any Heir hath any Lands fallen upon him from Father or Kinsman without any conveyance formerly made to him thereof or against the ter-Tenant is where any one doth occupie and hath purchased Lands that were the Lands of him against whom any Recovery was had at the time of the Judgement given for all such Lands are lyable to the Judgement and in these Cases the Defendants in the Scire fac are to appear and defend themselves if they can the ter-Tenant by pleading some Conveyance made of the Lands before Judgement or something else as his Case requires and the Heir defendeth himself most commonly by pleading Riens per discent which is sometimes generally and some other times specially pleaded now to plead it specially is to say he hath nothing by discent praeter c. to wit save ten acres of Lands or such a quantity in such and such Townships for if the Heir be sure the Plaintiff cannot fasten that he hath any Lands by discent he may safely plead the general Riens per discent but if he hath not from his Father or Ancestors some thousand acres and but one acre or two by discent and all the rest being a thousand or two thousand are not so he must except the two acres in his Plea without which the Plaintiff upon the general Issue pleaded if he prove the Defendant hath one or two acres by discent shall have a Writ not only to extend that but all the rest of the Land that he holds as were the late Lands of him against whom the Judgement was though he held them by conveyance and came not by discent whereof he must be seized in Fee-simple at the time of the Writ brought against him or else he is not lyable and upon Judgement had against Heir and ter-Tenants the Plaintiff is to have Execution to extend the whole Lands thereto lyable till the whole money recovered be thence levied If Judgement in any Action or on a Scire fac against an Executor or Administrator the first Execution is a ●ieri facias de bonis testatoris for the ●rincipal Debt and bonis propriis for ●he Damage thereon if the Sheriff ●o return that the Executor or Administrator hath no Goods unad●inistred then the Plaintiff is without remedy against the Party but is ●y an Action upon the Case to take is remedy against the Sheriff for ●●e return is not held sufficient or ●ny good return in Law but if the ●heriff returns a Devastavit c. then Fieri facias de bonis propriis goes out ●o leavy the whole as well the Debt ●●s the Damage out of the Executor or Administrators own Goods which return also proves sometimes very dangerous to the Sheriff for ●n returning of a Devastavit against ●ome Executor or other wherein ●evera it lies not that Executor may ●●ring his Action against the Sheriff ●nd recover very great Damage against him therefore the Sheriff is ●n a strict case and he should do nothing rashly but all things warily ●nd advisedly and so he cannot do amiss And upon that Fieri facias bonis propriis if the Sheriff return nib●habet c. then the Party Plainti●● shall have a Capias ad satisfaciend against the body of the Executor o● Administrator There are many other things which are requisite for an Attorneys knowledge as the knowledge in the solicitation of quashing or traversing of Indictments or Presentments a●● in levying of Fines and suffering common Recoveries for better assuring of Lands and some other things which would prove too tedious to insist upon for I confess have been in some things before ove● tedious already therefore I sha●● leave them to learn and to seek o●● by their own industry the knowledge of them if they conceive the pleasure in them or the gain gott●● thereby will countervail their pain● And indeed I rather omit to speak any thing touching the quashing and traversing of Indictments for it matters not much what such Person 〈◊〉 gives occasion to be presented o● indicted may suffer for defect o● knowledge that way in his Attorney for Councel if well paid as such Person to avoid their conviction and consequently their penalties and punishments will or at least should do will sufficiently direct them And for the knowledge in suffering of common Recoveries and levying of Fines it belongs altogether to Councel to be managed and directed without an Attorney be in something able to ease the Councel as by Drawing Titlings and Concords which an Attorney who that way obtained good experience may do otherwise I hold him not fit to meddle therein or to be instructed least trusting to his Instructions without further knowledge he may spoil his Clyents Conveyances and thereby do him therein more harm perhaps then by his negligence or ignorance in dealing for his Clyent in several petty Causes It is very behoovefull for an Attorney to know at least the forms if not the nature of all Writs and the Retorns of them especially of such Originals second Writs Jury Writs and Writs of Execution as be most used and expedient for his practice And to know well the Fees of the Prothonotory and the rest of the Officers of the Court for without some knowledge in these Writs and Retorns his Clyents Cause may be delayed and perhaps sometimes overmuch