Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	issue_n	remainder_n	tenant_n	4,156	5	10.8291	5	false

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

the former Pannel and commanded to retorn eight more unto him and so proceed to Trial again in all points as formerly hath been said of first Trial. Now a Receipt spoken of a little before is where one is admitted to appear upon the Pettite Cap. where a Quod ei deforceat or a Writ of Dower is brought against Husband and Wife for Lands wherein the Wife hath some title or interest if the Husband makes default after the appearance of full Jury and suffer a Pettite Cape to go out against him the Wife if she please upon calling of the Pettite Cape shall be admitted to appear if she please upon the very calling of the Writ either in proper person or by Attorney having had out a Commission whereby her Warrant was taken to make that Attorney as it is in all Cases of Common Recovery wherein any Tenant or Vouchee appears not in person but by an Attorney and if she also have her Plea ready or forth-coming to be put into the Court and so save her and her Husbands default and she may also so do in case her Husband alone were sued for some Lands wherein after the death of her Husband she hath an Estate for life and save her Husbands default by stopping and preventing the issuing out of a Writ of Seizin against him so that her Plea be issuable and put in manner aforesaid and then the Demandant will be forced to proceed to Issue and Trial against her de novo And if a real Action be brought against a Tenant for life and he maketh default ut supra he in the remainder shall in the like sort be admitted and received having his Plea ready as aforesaid shewing his Estate in remainder but the Tenant in Receipt is after bound in Recognizance with pledges to answer the mean Profits before it be received in case the matter pass against him if it be required of him but very many have been and still are admitted without requiring any such tyes These proceedings which indeed are very good and which the Law as I conceive hath provided to save the right of a Stranger to the Action if he comes in are very often used for meer delayes to the Demandant in my judgement some of these Receipts upon what experience I found might be abrogated in some Cases as when a Tenant for life is sued after he appears and comes to plead he may pray in him that hath the Estate in remainder and thereupon a Writ of Summons ad auxiliandum will be issued out against him in the remainder whereupon he may come in and appear and plead his Title and at the Trial give it in Evidence which is as much as he can do when he appears upon the Pettite Cap. and if the Law be so to save that trouble to the Demandant of going round about upon the Receipt when the Jury are gone together and have deliberated and considered of their Evidence and to come to yield and deliver up their Verdict after they are asked whether they are agreed on their Verdict or no or who shall speak for them the Plaintiff is called to know whether he stand to his Writ or Plaint and if his Attorney appears the Verdict is taken and entred if he does not appear the Defendants Councel prays that a non-Suit be entred or recorded which accordingly is done and upon every such non-Suit the Defendant shall have Execution for his Costs if the Law give Costs to the Plaintiff had he recovered in that Action and there falls sometimes in some Cases a special Verdict as well as a general Verdict a general Verdict is when a Jury finds in general the matter in Issue either for the Plaintiffs side or Defendants side no points or matter in Law opposing it but a special Verdict is when upon the Evidence the whole matter of Fact on both sides is apparent to the Jury save that a point or question in Law falls out to appear upon the whole Evidence which the Jury cannot resolve wherefore the Court assents and Councel on both sides agree that a special Verdict be drawn in that case And thereupon the Councel on both sides agree and consider forthwith at the Bar upon the main material points or heads to be agreed and delivered up by the Jury which is afterwards drawn at large in form and that Verdict will be that the Jury find all matters of Fact material to make the Case on both sides and make a doubt in some points in Law which fall to be in the whole case and matter and conclude that if the Law in such points be thus and thus they find for the Plaintiff and cess him Damage and Costs or otherwise as the Action requires but if the Law in that point be thus and thus or otherwise they find for the Defendant and after this Verdict is drawn and perfected and both Parties Councel assent to the truth thereof it is entred and Copies thereof made for the Judges and a time appointed to argue it for the Court is to Judge and determine all points and questions doubtful in Law to the Jury though the Jury be to determine and accordingly to deliver up their Verdict on all matters of Fact as be given them in Evidence and leave the doubt in Law to the Judges determination and judgement and at the time appointed Councel on both sides argue the Case that falls out to be the point of Law in the Verdict by citing as many Cases as they can produce to make the stronger for the Law in the Case to be on their Clients behalf and by enlarging with their own Reasons and Expositions upon the same Cases and then or perhaps another time the Judge make each of them an Argument upon what Cases as were cited and on all as had been said on both sides and then or what other time they are disposed deliver their opinion in the point in Law either for the Plaintiff or for the Defendant and accordingly Judgement shall be entred And for every Sessions from the time of giving up the Verdict by the Jury till Judgment be given there is an Entry of Curia advisare vult which is in the nature of a continuance It falls out sometimes but indeed very seldom that a Jury after they are Sworn and hear their Evidence are discharged without delivering any Verdict at all and none of them wihdrawn as is before spoken of when Causes are referred after Evidence heard but an absolute discharge entred by the Court wherein yet there is always mentioned ex assensu partium and this falls out to be when Councel of the one side demurs on the Evidence given on the other side and the Councel from whom the Evidence is given joyns in demurrer whereupon the Evidence that was given to be drawn up with the demurrer to it and then the Jury as aforesaid discharged and the points that falls out were in Law upon the Evidence left to the Judgement and