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guilty shall operate as a denial that the defendant committed the trespass alleged in the place mentioned, but not as a denial of the plaintiff's possession, or right of possession of that place, which, if intended to be denied, must be traversed specially.
3. In actions of trespass de bonis asportatis, the plea of not guilty shall operate as a denial of the defendant having committed the trespass alleged by taking or damaging the goods mentioned, but not of the plaintiff's property therein.
4. Where, in an action of trespass quare clausum fregit, the defendant pleads a right of way with carriages and cattle and on foot in the same plea, and issue is taken thereon, the plea shall be taken distributively; and if a right of way with cattle, or on foot only, shall be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of way so found; and for the plaintiff in respect of such of the trespasses as shall not be so justified.
5. And where, in an action of trespass quare clausum fregit, the defendant pleads a right of common of pasture for divers kinds of cattle, ex. gr., horses, sheep, oxen and cows, and issue is taken thereon, if a right of common for some particular kind of commonable cattle only be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of common so found; and for the plaintiff in respect of the trespasses which shall not be so justified.
6. And in all actions in which such right of way or common as aforesaid, or other similar right, is so pleaded that the allegations as to the extent of the right are capable of being construed distributively, they shall be taken distributively.
of suit by death of party, one year allowed in which to renew, 36.
limitation of possessory, for own, or ancestor's disseisin, 33; of trespass
appointment of, 17, 21; bonds, and duties of, 62; not chargeable on any
of lands shall not be to the prejudice of the lord of the fee, 7; by tenant
lords may, the bodies of defaulting bailiffs to compel an account, 8.
may be had for false verdicts, 36.
of tenants unnecessary, 77; of tenants to strangers, void, 81.
Bargains and Sales
must be inrolled within six months after date, 28.
he is a, who is born before matrimony, 8.
Benefit of Clergy,
those having, shall not depart from the Ordinary when convict of
Choses in Action
are non-assignable, 37.
for sale of goods, &c., not good, unless partly performed, or in writing,
made during Commonwealth, held to be made of estates in socage, 59;
No more costs than damages in petty suits, 53; or in suits for slander
shall be paid for waste by fermors, 9; no more costs than, 53, 57, 62;
statute of, creates estates tail, forbids their alienation, and provides for
in action for, apology may be proved to mitigate damages, 109.
after joinder in, judgment given as to very right of the cause, 52, 76,
if disseisor die, and his heir continue, entry may still be made, 41.
of money allowed to be made by those in in extremis, 7; of money of in-
clerks or servants guilty of, liable to transportation, 88.
on lands must be lawful and peaceable, 18; by, widow can regain estates
statutes of, 90, 107, 111, 114, 117, 119, 120.
shall have a writ of accompt, 14; shall have an action against tres-
nature and form of writs of, 13; limitation of time in which writs of,
statute of, requiring writing in certain cases, 65-70; extended to execu-
statute of, conveyances, provides penalty for, 47-49; statute of, devises,
appointed by deed or will by father, for child, 60; to have full custody
takes estates pur autre vie as special occupant, 68; action lies against,
of pleadings in particular actions, 121-124.
statute as to, 94.
statute of, 27.
statutes of, 49, 76.
those holding by, in capite allowed to devise two thirds of lands, 31;
shall not be aliened to prejudice lord of the fee, 7; proceeds from sale
for short terms, binding on wife, heirs, &c., when made by tenant in
statutes of, 10, 32, 54; persons under disability excepted out of statutes
fraudulent, void, 51; parties in interest shall contribute to pay off,
statutes of, 8, 16.
no benefit of clergy to those committing, save to those in orders, 18.
writ of, granted to one who has been ejected from lands held in elegit, 14.
to pay debts of intestate like executor, 14; to grant administration to
act as to, 115; receipt by lender, agent, widow of deceased partner, an-
several matters may be pleaded in defence by leave of court, 77.
parents, grandparents, and children assessed by justice of peace for the
children enabled to take estates as though born in father's lifetime, 75.
appointments under, not invalid on the ground of exclusion of part of
claim of, not necessarily to date back more than sixty years, 33.
statute of false, 87; person obtaining money under false, deemed offen-
statute of, 15.
avowry for, not to be made after fifty years, 33; of wife's estates of in-
in case of grant of, the grantees have right to enforce conditions, 42;
those holding in, allowed to dispose by will of all lands, 31; tenure by
debts of deceased persons not to have priority of payment over simple
declaration of, must be in writing, 67; unless raised by implication of
statute of, 23; every person to whose use another stands seized of estates,
of one breach of a covenant not to be deemed to extend to others, 115.
liveries, primer seisins, &c., abolished, 58.
by what words in feoffment, feoffor bound to, 10; by tenant for life void
shall be construed as before stat. of uses, 26; tenants in socage may
beneficially interested in a will cannot attest unless he relinquishes
required by statute of frauds, 65-70; required to confirm debts con-
of entry sur disseisin in the post provided, 9; of entry, novel disseisin,