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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 324   View pdf image (33K)
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321
11 H. 6, CAP. 6, CONTINUANCE OF SUITS.
the Act. 2°. That a remainder-man is within the Act, though the pre-
amble and body of the Act speak only of the reversioner. And 3°, the
defendant having pleaded an assignment to A., before which no waste done,
and the plaintiff having replied the Statute, and that the grant to A. was
to the intent, that he might not know against whom to bring his action of
waste, and averred a taking of the profits, and the defendant having in
his rejoinder traversed the intent, it was resolved that the intent aforesaid
was not traversable, but the pernency of the profits, for in that the intent
was implied. It is said in F. N, B. 56 A., that if tenant for life or years does
waste and grants over his estate, the writ lies against him who did the
waste and not against the grantee; but if waste be done after the aliena-
tion, it lies against the tenant, F. N. B. 60 L., with a quaere.
245
CAP. VI.
No suit pending before any Justices, shall be discontinued by a new
Commission.

Item, Our Lord the King
considering the great Losses
and Damages which oftentimes
have come, and be likely to
come hereafter, as well to him-
self as to many of his Lieges,
for that where as veil divers
Indictments and Suits for our
Lord the King, as other Visits
between Party and Party,
have been taken before dives s
Justices of the Peace, assigned
by several Commissions of oar
said Lord the King in divers
Counties of England, and
divers Pleas and Processes
upon those Indictments have
often been made, and hanging
before the same Justices not
determined, the which Pleas
and Processes have been of tea
discontinued, by making of
new Commissions of the Peace
in those Counties, to the great
Item nostre seignour Ie roi
considerantlezgraundes perdes
& damages que sovent foitz
ount avenuz & verisemblable-
ment avenderount en apres si-
bien a luy mesmes come as plu-
sours dez sez leges de ceo qe la
oue sibien diversez enditemen-
tez & sutes pur nostre seignour
Ie roi come autres sutes paren-
tre parte & parte ount este pri-
sez devant divereez justices de
pees assign ez par diversez com-
missions de roi en diversez
countes dEngleterre & diverses
plees & processes sur icelles eu-
ditementz ount sovent este
faitez & pendantz devant mes-
mes les justices nient determi-
nez lez quex plees & processes
sovent ount este discontenuz
par faisaunces de novell com-
missions du pees en icelles
countes a graunde perde nostre

 

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 324   View pdf image (33K)
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