Volume 194, Page 372 View pdf image (33K) |
372 21 H. 8, CAP. 19, AVOWRIES. vices, that if the Lord of -whom any such manner Lands, Tenements, or Hereditaments be so holden, distrain upon the same Manors, Lands, or Tenements, for any such Rents, Cus- toms, or Services, and Replevin thereof be sued, that the Lord of -whom the same Lands, Tenements, or Hereditaments be so holden, may avow, or his Bailiff or Servant make Conisance, or justify for taking of the said Distresses upon the same Lands, Tenements, or Hereditaments so holden, as in Lands or Tenements within his Fee or Seigniory, (2) alledging in the said Avowry, Conisance, and Justification, the same Manors, Lands, and Tenements to be holden of him, without naming of any person certain to be Tenant of the same, and "without making any Avowry, Justification, or Conisance upon any person certain; (3) and likewise the Lord, Baily, or Servant to make Avowry, Justification, or Conisance in like manner and form upon every Writ sued of second Deliverance. 285* III. And also be it enacted by the said Authority, That every Avowant, and every other person or persons that make any such Avowry, Justification, or Conisance, as Baily or Servant to any person or persons in any Replegiare, or second Deliverance, for Rents, Customs, Services, or for Damage fesant, or other Rest or Rents, upon any Distress taken in any Lands or Tenements, if the same Avowry, Conisance, or Justification be found for them, or the Plaintiffs in the same be nonsuit, or otherwise barred, that then they shall recover their Damages and Costs against the said Plaintiff, as the game Plaintiffs should have done or had, if they had recovered in the Replegiare, or second Deliverance found against the said Defendants. IV. And be it also ordained, that the said Plaintiffs and Defendants in the said Writs of Replegiare, or Writs of second Deliverance, and in every of them, shall have like Pleas, and like Aid-Prayers in all such Avowries, Conisances, and Justifi- cations (Pleas of Disclaimer only except) as they might have had before the making of this Act, and as though the said Avowry, Conisance, or Justification had been made after the due Order of the Common Law. V. And it is further enacted by the said Authority, that all such persons as by order of the Common Law may lawfully join to the Plaintiffs or Defendants in the said Writs of Reple- giare, or second Deliverance, as well without Process as by Process, shall from henceforth join unto the said Plaintiffs or |
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Volume 194, Page 372 View pdf image (33K) |
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