PETIT CAPE, (continued). Default after appearance, what, 282. In general in real action, inquest cannot be taken on default, 282, 283. Not required where issue has been found for demandant, 283. Nor after departure in despite of the court, 283. Nor where tenant suffers judgment by nil dicit the term of appearance, 284. Issuing unnecessarily not error, 284. Default may be released, 284. If saved, writ abates, 284. PEW. Action on the case for disturbance in enjoyment of, 370. Where pew is appurtenant by prescription to a messuage, 370. Or annexed by a faculty, 370. Trespass not maintainable where lay impropriator has granted a seat in the chancel, 370, 665. Declaration, 378. Possession sufficient title, $78. But pew must appear to be appurtenant to messuage, 378. Against stranger repairs need not be stated, 378. Aliter against ordinary, 378, 380. PISCARY. Ejectment for, 4-18. Trespass for owner of, 664. PLEAS IN BAR IN REAL ACTIONS. Several pleas by leave of the court, 213. Accord and satisfaction. Not a good plea unless where amends in damages only recoverable, 213. Only good plea in dower, 213, 224. Judgment recovered. Only a bar in an action of the same nature, 213, 214. Not a bar in a fresh action for a collateral right, 214. Nor where recovery was against a person having only a qualified right, 214. Every thing given in evidence under, but collateral warranty, when collateral warranty or Semble fine with proclamations need not be pleaded, 215, 216. Donee of estate tail or lessee for life may disclose his estate and plead in bar, 216. Whether tenant can plead that demandant was never seised, or must tender the demi-mark, Effect of such tender, 216, 217. At what time it must be tendered, 217. In cessavit, 218. In Quo Jure, 218. In ne injuste vexes, 218, 219. IN DOWER unde nihil habet. Ne unques seisie que dower, 219. Puts in issue the seisin only, 219. Quare, whether jointenancy may be given in evidence under, 220. Remitter, 219. Other cases in which dower is defeated by title paramount, 220. Replication, 220. Sentence in the ecclesiastical court not good, 220. PLEAS IN BAR IN REAL ACTIONS, (continued). Bigamy tried under, 220, 221. Mode of trial in dower in inferior court, 221. Replication that wife has been reconciled, 221. Divorce, 221. Jointure, 221. Fine and recovery, 221. Attainder, 222. Husband alive, 222. Tried by witnesses, 222. Assignment of dower, 222. Prior term of years. Pleaded in delay of execution, 223. If rent reserved wife may be endowed of it, 223. Tenant must plead such term, and cannot set it up in ejectment, 225. Cannot be pleaded after imparlance, 223. By none but the heir, 223. Certainty of the charters shewn, 223. Privity the foundation of the plea, 224. Only bar for lands which the charters concern, Tout temps prist, 224. 224. Demandant may take judgment on immediately, 224. Or may reply a demand in order to get damages, 224, 225. IN FORMEDON. Non dedit, 225. Title paramount, 225. Exchange, 225. Common recovery, 225. Fine with proclamations in formedon in the descender, 225. Fine and non-claim informedon in remainder or reverter, 226. Warranty, 226. IN ENTRY sur disseisin. General issue, 226. Hors de son fee in action for rent, 226. Entry for forfeiture or in mortmain, 227. IN ENTRY SUR INTRUSION, 227. IN OTHER WRITS OF ENTRY, 228. Pleas by the tenant. General issue, nul tort, &c. 228. May be waived and general issue pleaded, 229. Pleas by disseisor, 229. Cannot appear by attorney, 229. Pleas by bailiff, 229. Replication, 230. IN REDISSEISIN, 230. IN JURIS UTRUM, 230. IN ASSISE OF Mortd'anceESTOR, 230, 231. IN AIEL, BESAIEL, AND COSINAGE, 231. IN QUARE Impedit. By the ordinary. Disclaimer, 231. Cannot be pleaded after essoign, 231, 232. Entitles plaintiff to judgment with cesset executio, 232. But if issue is found against him he is barred, 232. PLEAS IN BAR IN REAL ACTIONS, (continued). Refusal of clerk on account of unfitness, 232. Cause of refusal must be shown specially, 222. Special plea of justification found against bishop makes him a disturber, 232. But he may by stat. 25 Ed. 3, c. 7, if he has collated by lapse, 253. Ordinary not concluded by patron's plea, 233. His death suggested, 233. By the patron. Ne disturba pas, 233. Plenarty. At common law in all cases a good bar, 233. By stat. West. 2, c. 5, no bar if writ brought within six months, 233. But in case of an appropriation the origin of it should be shewn, 234. Plenarty by presentation of a stranger is where the plea is pleaded by the clerk, 234. Must shew of whose presentation and at what time, 234. Presentation, admission, and institution, sufficient plenarty against common person, 234. Only necessary where defendant seeks a writ to the bishop, 235. In other cases sufficient to deny plaintiff's, 235. Rules as to traversing plaintiff's title, 235, 236. Such part must be traversed as is inconsistent with defendant's, and absolutely de- Traverse of the advowson being in gross, 236. Of its being appendant, 237. Of the presentation, 238. Defendant cannot traverse where he confesses and avoids, 238, 259. Where defendant has set out his own title and traversed the plaintiff's, the latter Formal traverse when necessary, 239. By the incumbent. Ne disturba pas, 239. Non-joinder of patron (in abatement), 240. Could not have pleaded to right of patronage at common law, 240. But may do so by stat. 25 Ed. 3, c. 7, 240, He must be possessor to do so, 240. Quare in what cases induction necessary, 240. Cannot plead to the title if he resigns, or is made a bishop pending the writ, 240. Must shew his title and that of his patron, 241. Unless it be by the plaintiff's own presentation, or by collation, 241. May be of the presentation of another than of him who is sued as patron, 241. Replication to, 241. If incumbent's plea be found for him he cannot be removed, 241. IN WASTE. Nul waste fait, 242. Admits nothing, 242. But matter of justification or excuse cannot be given in evidence under it, 242. When pleaded by tenant for life a forfeiture, 242. Pleas to the title. In abatement when title wrongly stated, 242. PLEAS IN BAR, IN REAL ACTIONS, (continued). In bar when title denied, 242. As that reversion has been devested out of plaintiff, 242. But in action by lessor “nothing in the reversion,” generally is a bad plea, 242. Failure of title pleaded puis darrein continuance, 242. Denial of defendant's liability, 243. No demise to lessee in action against assignee, 243. Assignment before waste doue, 243. Replication, 243. Repairs, 243. Not sufficient to state only that defendant took the trees for repairs, 245. That defendant repaired before action brought, 243. That building was so ruinous that he took it down and rebuilt it, 245. That the lease was without impeachment of waste, 244. That plaintiff's ancestor bargained and sold the trees to defendant, 244. Release, 244. Accord and satisfaction in waste in the tenuit, 244. IN QUOD PERMITTAT, 244. IN QUOD EI DEFORCEAT, 245. IN NUPER Obiit, 245. IN PARTITION, 245. IN DECEIT, for impleading lands in ancient demesne in the king's court, 245. Issue, whether manor is ancient demesne, tried by doomsday-book, 245. IN WARRANTIA CHARTÆ. That plaintiff has not been impleaded, 246. Riens per descent, 246. Plaintiff not tenant the day of the writ purchased, 246. Or in of another estate, 246. That nothing passed by the deed, 246. PLEAS IN BAR in REPLEVIN, 638 to 642. (See title Replevin.) PLENARTY, 233, 234, 235. (See titles Quare Impedit, and Pleas in Bar in Real Actions.) To remove writ of dower, 30. To remove replevin, 627. POOR'S RATE. Replevin on distress for, 622. Plea in bar to, 641. Costs in, 644, note (a). POSTDISSEISIN. Lies by stat. of Merton, after recovery by verdict in mortď’ancestor, or other real action, 72. After recovery against vouchee and disseisin by him, 72. May be brought by those who first recovered, or some of them, against those, or some of Against recoveree after feoffment by him, 73. Writ vicontiel and sheriff judge, proceedings same as in redisseisin, 73. (See title Redisseisin.) Double damages in, 73. Process in, 73, and pleas, 73. Non-tenure no plea, 192. PRÆCIPE, various kinds of, 1, 2. PRESCRIPTION, (continued). How stated in plea of right of common in trespass, 677. PRESENTATION. (See title Quare Impedit.) Where one party has right of nomination, and another of presentation, 101. When traversed in quare impedit, 238. How proved in ejectment, 595. PRESUMPTION. Of grant of right to use watercourse, 358, 372. Of notice to landlord, and of his concurrence to dedication of way to the public, 361. Of grant of right of way, 362, 371. Of grant of lights, 371. Of right to pew, 371. Of grant of easement, 372. Of conveyance of legal estate, 493 to 497. (See title Ejectment.) Of death, 508, 588, note (e). Of licence, 685. PRIMA TONSURA AND VESTURA, 486. PROCLAMATIONS, 184. (See title Summons in Real Actions.) PROCESS. (See titles Summons, Attachment, Distress, and Grand Cape.) Plea of justification under, in trespass, 682. (See title Trespass.) Replication to, 695. PROHIBITION of waste. At common law, 109, note (m). Whether it lies to prevent a bishop from committing waste in his see. (See Addenda, 711.) QUARE EJECIT INFRA TERMINUM, writ of entry of. Lies for lessee for years on entry and feoffment, or lease for life by lessor or his heir, 98. And semble where lord by escheat enters, 98. Semble, it only lies where ejector claims title under lessor, 99. QUARE IMPEDIT. Lay at common law only during the vacancy of the church, 100. But since stat. West. 2,7 Anne, in every case of usurpation, if brought within six months after And, if six months elapse, on next avoidance, 100. Plaintiff not only recovers possession of the advowson, but may remove the clerk, 100. DISTURBANCE, what constitutes. Admitting clerk on presentation of pretended patron, or refusing to admit plaintiff's clerk, 100. But wrongful collation is no disturbance, 100. Nor mere presentation without admission, 100. Wrongful presentation, institution, and induction, to a donative, only disturbance at elec- BY WHOM. Right of presentation must be immediate, 101. Where one has the right of nomination, and another of presentation, 101. Grantee of next avoidance, 101. The king, 101. Parson patron of vicarage, 101. Heir cannot have it for disturbance in his ancestor's lifetime, 101. Unless in case of a donative, 101. Executor or administrator, 101. Coparceners. Should join where there has been no composition or disagreement, 102. But where there has been a composition or disagreement, the parcener whose turn it is, or all the parceners may sue, 7, 102. Tenants in common or jointenants must join, 102. Where they make partition each seised of a separate estate, 102. Baron and feme on voidance during marriage of wife's advowson may join, or the husband If the husband die, the wife may sne, 102. And so the husband if he survive, 102. |