Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	husband_n	issue_n	tail_n	1,425	5	10.2979	5	false

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-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