clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 374   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

374 23 H. 8, CAP. 14, CAPIAS.
tion between him and the defendant. Nor, said Littledale J., could the
avowry be good under the two Statutes taken together, for then a defend-
ant in replevin might, in his pleading, leave out both landlord and tenant.
One or other of these two Statutes dispensing with the requirements of
the common law must be followed. The question was not decided whether
it was a proper averment that "a person unknown, &c.," held the premises.
But it was argued that the Statute was confined to manorial rents, ser-
vices, &c., and did not extend to ordinary cases between landlord and tenant.
It will be observed that the Statute leaves the necessity of shewing the
landlord's title specifically as at common law.
As to the third section, see 7 H. 8, c. 4.1 In Dyer, 141 b, it was held
that on a nonsuit in replevin for damage feasant the avowant shall have
his costs and damages. In Da Costa v. Clarke, 2 B. & P. 376, where an
avowant in replevin, after trial and verdict for the plaintiff, obtained
judgment now obstante veredicto in consequence of the plaintiff's pleas
in bar being bad, it was determined that he was not entitled to any costs
upon the pleadings subsequent to the pleas in bar, because he should have
demurred to them.
' See also Poe's Practice, secs. 444, 454 et seq.
287 STATUTES
Made at WESTMINSTER, An HO 23 HEN. VIII. and A. D. 1531.
CAP. XIV.
An Account of Trespass upon the Statute of 5 R. 2, to some Process of
Outlawry.
Forasmuch as there is great Delay in Actions of Trespass
brought upon the Statute of Richard the Second, made in the
fifth Year of his Reign, against them that make Entries into
any Lands or Tenements where there Entry is not given by the
Law, and also in Actions of Annuity, and Actions of Cove-
nant, because there lieth no Process of Outlawry in such nature
of Actions: (2) For Reformation whereof, it may please the
King's Highness, by the Advice of the Lords Spiritual and
Temporal, and the Commons, in this present Parliament as-
sembled, and by Authority of the same, to ordain and enact,
That like Process be had hereafter in every Action from hence-
forth to be brought upon the said Statute of Anno quinto,

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 374   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives