accounted in place of the demandant as aforefaid, and put himself or herself upon the great affife, and pray recognition to be made whether he or the hath more right to the land in demand, than the party aforefaid; or otherwife the great aflife may be joined thus: Such an one defends the right, and fo the warrantor may defend the right, and acknowledge the feifin of his or her ancestor, and put himself or herself upon the great affife, and pray recognition to be made whether he or he hath more right in the land, as in that whereof he or she enfeoffed fuch a one, or that fucli a one released and quit claimed, than the aforefaid party.

XVI. And be it further enaded by the authority aforefaid, That when any perfon not present in court, fhall be vouched to warranty in a plea of land or tenement, the party fo vouched fhall have reasonable fummons, according to the difcretion of the juftices; and if the demandant will aver that the perfon vouched is dead, or that there is no fuch perfon, fuch averment fhall be received and tried without delay.

of voucher, and where

XVII. And be it further enailed by the authority aforefaid, Proceedings in cates That in writs concerning poffeffion, whereby lands or tenit is counter pleaded. ements are demanded, which ought to defcend, remain, revert or fall, by the death of any anceflor, or otherwife, if the tenant vouch to warranty, and the demandant counterpleadeth him or her, and will aver by affife, or by the country, or otherwife, as the court will award, that the tenant, or his or her ancestor or predeceffor, whofe heir he or she is, was the first that entered after the death of him or her of whofe feifin he or she demandeth, the averment of the demandant fhall be received, if the tenant will abide thereupon; and if not, he or she shall be further com pelled to another anfwer, if he or she have not his or her warrantor prefent, who will warrant him or her freely, and immediately enter into the warranty; and the demandant fhall have the like exceptions against the warrantor, if he or he will vouch further, as he or she had before against the firft tenant; and in all manner of writs of entry, which make mention of degrees, none fhall vouch out of the line. And further, That as well in the writs aforefaid, as in writs of right, if the tenant vouch to warranty, and the demandant will counterplead him or her, and be ready to aver by the country, that he or she, who is fo vouched to warranty, nor his or her ancestors or predeceffors, had never feifin of the land or tenement demanded, nor fee nor fervice by the hand of his or her tenant, or his or her ancestors or predeceffors, fince the time of him or her on whofe feifin the demandant declareth, until the time that the writ was purchafed, and the plea moved, whereby he, he or they might have enfeoffed the tenant, or his or her auceftor or predecellors, then, whether the party vouched be prefent or abfent, the averment of the demandant fhall be received, if the tenant will abide thereupon; if not, the tenant fhall be further compelled to another anfwer, and the demandant fhall have his or her exceptions against the warrantor, as lie or she had before against the first tenant. And further, If the tenant hath a deed that comprifeth warranty of another man who is bound in none of the cafes before mentioned, to the warranty of an older degree, his or her recovery by a writ of warranty of charters out of the chancery, fhall be faved to him or her, at what time foever he or she will purchase it, but the plea fhall not be delayed therefore.

XVIII. And be it further enaded by the authority aforefaid, That when any perfon hall demand lands or tenements against another, and the party impleaded voucheth to warranty, and the warrantor denieth his or her warran

Fff

ty, and it be found that the vouchee is bound to warranty by the law and custom of this state, then, in like manner as the tenant should lose the land or tenement in demand, in cafe where he vouched, and the vouchee could ditcharge himself of the warranty, in the fame manner fhall the warrantor lofe, in cafe where he or she denieth his or her warranty, and it be tried against him or her, that he or she is bound to warranty. And further, That in all cafes where an inqueft fhall be depending between the tenant and the warrantor, and the demandant will require a writ to cause the jury to come, it fhall be granted.

ing in cafes of re

diffe ifin.

XIX. And be it further enacted by the authority aforefaid, Manner of proceed. That if any perfon be diffeifed of his or her freehold, and fhall recover feifin by affife of novel diffeifin, or by confeffion of them that did the diffeifin, and after the plaintiff hath had feifin delivered by the fheriff, if the faid diffeifors do again difleife the fame plaintiff of the fame freehold, and thereof be convicted, the plaintiff fhall recover double damages, and the re-diffeifors fhall be alfo punished by fine and imprisonment, and fhall be forthwith taken and committed, and kept in gaol until they fhall have paid fuch damages and fine, and be thence delivered by due courfe of law. And the manner of proceeding in fuch cafe, fhall be as follows: When the plaintiff shall come to the chancery, he or she shall have a writ directed to the sheriff, in which must be contained the plaint of diffeifin upon the diffeifin, and therefore it fhall be commanded to the fheriff, that, taking with him the coroner of the county, or one of them, if there be more than one in the fame county, and two or more juftices of the peace in the fame county, he go in his proper perfon, to the tenement or pafture whereof the plaint had been made, and before them, by the firft jurors, and other neighbours and lawful men, if the first recovery was by verdict, if not, then by neighbours and lawful men, he diligently thereof make inquifition; and if they find the plaintiff diffeifed again as aforefaid, then the fheriff fhall do according to the provifion aforefaid; but if it be found otherwife, then the plaintiff thall be amerced, and the others fhall go quit. But no sheriff shall procced in any fuch plaint, without a fpecial writ. And in the fame manner it shall be done to them who fhall recover their feifin of any lands or tenements, by verdict, default, reddition or otherwife, in any real action, in any court of record, if they be afterwards diffeifed by the firft deforceors, againít whom they fhall have recovered.

or fervices are with

writ of ceffavit.

XX. And be it further enacted by the authority aforesaid, Remedy where rents That if any perfon hath demifed, or fhall demife his or her held for two years, by lands, to any other perfon, and to his or her heirs, rendering a certain annual rent for the fame, and he or she who holdeth the land fo charged, letteth it lie fresh, so that the party can find no diftrefs there by the space of two years, to compel the farmer to render, or to do as is contained in the writing or leafe; then the two years being paffed, the leffor or grantor, or his heirs or affigns, fhall have an action to demand the land in demefne, by a writ out of the chancery in this form.

COMMAND 4, That juftly and without delay, he render to B, one meffuage, with the appurtenances, in C, which the fame B demifed to the aforefaid, rendering therefore, yearly, to the fame B (fuch a certain rent) and which to him ought to reveit, because the aforefaid, in paying the aforefaid rent, hath ceafed by two years, as he faith.

And if he or she against whom the land is demanded, come before judgment, and pay the arrearages, and the damages and cofts, and find furety,

fuch as the court fhall think fufficient, to pay the rent from thenceforth, as is contained in the writing or leafe, he or she fhall keep the land; but if he or she neglect until it be recovered by judgment, he or she shall be barred for ever; and, in like manner, if any withhold from any perfon, of whom he or fhe holds, his or her due and accustomed fervice, by two years, the perfon to whom the fame is or fhall be due, fhall have an action to demand the lands in demefne, by a writ in this form :

COMMAND A, That juftly and without delay, he render to B (fuch a tenement) which the aforefaid holds of him by fuch certain fervice, and which to the aforefaid B ought to revert, because the aforefaid A, in doing the fervice aforefaid, hath ceafed by two years, as he faith.

And further, That as well in the cafe of rent, as in the cafes of fervices, writs of entry fhall be made as aforefaid, for the heirs of the demandant, and against the heirs of the tenant, and against them to whom fuch land fhall be aliened.

the land demanded

where not.

XXI. And be it further enacted by the authority aforefaid, Where a view of That from henceforth view fhall not be granted to the tenfhall be granted, and ant, but in cafe where a view of the land is neceflary; and that if one lofe land by default, and he or she who lofeth fhall purchase a writ to demand the fame land, and in cafe where one by an exception dilatory abateth a writ after the view of the land, as by non-tenure, mifnaming of the town, or fuch like, and the demandant purchaseth another writ; in these cafes the view fhall not be granted, if the party had view in the firft writs: And in a writ of dower, where the dower in demand is of land that the husband aliened to the tenant, or his or her ancestors, where the tenant ought not to be ignorant what land the husband did alien to him or her, or to his or her ancestor, though the husband did not die feifed, yet the view fhall not be granted to the tenant. And in a writ of entry, that is abated because the demandant mifnamed the entry, if the demandant purchaseth another writ of entry, if the tenant had view in the firft writ, he fhall not have it in the fecond. And in all writs where lands are or fhall be demand. ed, by reason of a demife made by the demandant, or his or her ancestor, to the tenant, and not to his or her ançeftor, as that which the demandant, or his or her ancestor, being within age, not of found mind, or in prison, and fuch like, demised to the tenant, view fhall not be granted; but if the demife was to the ancestor of the tenant, view fhall be granted, as hath been done before,

age, aile and betaile,

XXII. And be it further enacted by the authority aforefaid, In writs of coufin. That in all writs of coufinage, aile and befaile, if the tenant will plead that the plaintiff is not the next heir of the anthat plaintiff is not ceftor, by whofe death he or she demandeth the land, fuch, plea fhall be received, and the matter enquired of, and the court fhall proceed to judgment, according to the verdict thereupon to be given.

Tenant may plead the next heir,

XXIII. And be it further enaced by the authority aforefaid, That no writ fhall be abated by the exception of non-tenure of parcel, but for the quantity of the non-tenure fo alledged.

XXIV. And be it further enacted by the authority aforefaid, That if any perfon fhall purchase a writ of novel diffeifin, and he or he against whom the writ is brought as principal diffeifor, dieth before the affife be paffed, then,

the plaintiff fhall have his or her writ of entry upon difleifin, against the heir or heirs of the diffeifor or diffeifors, of what age foever fuch heir or heirs may be; and likewife the heir or heirs of the diffeifee, fhall have his, her or their writ or writs of entry, against the diffeifors, or their heirs, of what age foever they be, if the difleifee die before he hath purchafed his writ, fo that for the non-age of the heirs of the one part or other, the writ fhall not be abated, nor the plea delayed.

XXV. And be it further enacted by the authority aforefaid, That if a child within age be holden from his or her inheritance, after the death of his or her father, mother, brother, fifler, coufin, grand-father or great-grand-father, whereby fuch infant is driven to his or her writ, and his or her adverfary cometh into the court, and for anfwer alledgeth a feoffment, or pleadeth fome other thing by which the court would formerly award the age, and defer the inqueft until the full age of the infant, from henceforth, in every fuch cafe, the inqueft fhall not be deferred until the full age of the infant, but fhall pafs as if he or he was of full age.

may appear in perfon,

XXVI. And be it further enafied by the authority aforefaid, Tenants in affife, That all tenants in affife of novel difleifin, may either appear or by attorney or bai and plead in perfon, or make, and appear and plead by their attornies, or plead by bailiffs at their pleasure.

XXVII. And be it further enacted by the authority aforefund, That the panels of the affifes hall, in all cafes, be arrayed, and a copy thereof delivered by the fheriff, or his deputy, to the plaintiffs, tenants and defendants, if they demand the fame, at leaft fix days before the circuit court, or feffion of the juftices at which the fame fhall be returnable, upon pain that every sheriff or other officer neglecting his duty herein, fhall forfeit, for every offence, to the party grieved, the fum of twenty pounds; to be recovered, with cofts of fuit, in any court of record, by action of debt, bill, plaint or information. XXVIII. And be it further enacted by the authority aforesaid, That the plaintiff in every affife may, from henceforth, at his pleasure, fever and abridge his or her plaint of a moiety, or any other part or parts whereunto any bar is or fhall be pleaded, in fuch like manner as he or he might do in cafe the pleas in bar had been made, and divided to any certainty of number of acres in the plaint; and that the plaint for the refidue of the part or parts of the lands, not abridged, fhall be and fland good and effectual in the law.

XXIX. And be it further cnadded by the authority aforefaid, That from the time any plea fhall be moved by writ, the tenant shall not make any wafte or cftrepement of land in demand, pending the fuit; and if he or the do, the court wherein the plea depends, fhall caufe the land in demand to be kept at the fuit of the demandant.

XXX. And be it further enacted by the authority aforefaid, That all writs of fummons, and attachments, and other process in pleas of lands, fhall, from henceforth, have full fifteen days at the leaft between the days of the teft and the days of the return thereof. And further, That in all writs of dower, after iffe joined, it fhall not be needful or requifite to have above fifteen days between the teft and return of the venire facias, or any other procefs to be fued out for the trial of the faid iffue, but that the writ of venire facias, and other process after iffue joined, and until judgment be given, having only fifteen days between the teft and the return thereof, fhall be good and effectual. And alfo, That all writs of fummons to the warranty, and ali other process in any real action, being tefted the last day, or any other day in any term, and returnable the firft day, or any other day in the next fucreeding term, fhall be good and effectual.

Summons in real acflons to be proclaimed at the church duor.

XXXI. And for avoiding fecret fummons in real actions, without convenient notice to the tenants of the freehold; Be it further enacted by the authority aforefaid, That after every fummons upon the lands in any real action, and fourteen days at the leaft before the day of the return thereof, the fheriff to whom fuch fummons fhall be directed, fhall make, or caufe proclamation of the fame fummors to be made, at or near the most ufual door of the church of the town or place where the land whereupon the fummons was made, doth lie, upon a Sunday, immediately after divine fervice and fermon, if any there be; and if there be more than one church in fuch town, then fuch proclamation fhall be made, in form aforefaid, at or near to the most ufual door of the church nearest to the faid lands; and if there be no church in fuch town, then fuch proclamation fhall be made, in form aforefaid, at or near to the most usual door of the church in the fame county neareft to the said land; and fuch proclamation fo made as aforefaid, fhall be returned, together with the names of the fummoners; and if fuch fummons shall not be proclaimed and returned as aforefaid, then no grand cape to be awarded, but an alias or pluries. fummons, as the caufe fhall require, until a fummons and proclamation fhall be duly made and returned as aforefaid.

On return of attach

XXXII. And for avoiding delays in all manner of writs and attachments; Be it further enacted by the authority aforefaid, That if the tenant or defendant after the first attachment returned, make default, the ment, diftrets to be great diftrefs fhall be immediately awarded, and the tenant or defendant fhall be diftrained from time to time, until he or fhe do appear, or comply with the purpofe of fuch writ. And if the fheriff do not make a fufficient return to any fuch writ, at the day of the return thereof, he shall be amerced.

awarded.

XXXIII. And whereas the process by diftringas as heretofore used, is dilatory and expenfive; For remedy whereof, be it further enacted by the an thority aforefaid, That the court out of which the writ proceeds, may order the iffues levied from time to time to be fold, and the monies arifing thereby to be applied to pay fuch cofts to the plaintiff as the court fhall think juft, under all the circumstances to order, and the furplus to be retained until the defendant or tenant fhall have appeared, or other purpofe of the writ be anfwered; and when the purpose of the writ is answered, that then the faid illues fhall be returned, or if fold, what fhall remain of the money arifing by fuch fale, fhall be repaid to the party diftrained upon.

XXXIV. And becaufe fuch things as be recorded before the chancellor and the judges and juftices who have record, and be inrolled in their rolls, procefs of plea ought not to be made by fummons, attachment, view of land and other folemnities of the court, as hath been used to be done of bargains and covenants made out of court; Therefore, Be it further enaked by the authority aforefaid, That from henceforth thofe things which are found inIn what rafes feire rolled before thofe who have record, or contained in fines, facias to flue. whether they be recoveries or judgments had, or contracts, covenants, obligations, fervices or cuftoms acknowledged, or other thing whatsoever inrolled, wherein the court, without offence of the law and custom, may execute their authority, fhall have fuch force that the party, at any time within the year after the fame are or fhall be had, levied or ac knowledged, fhall have a writ of execution of the fame; and when the fine, judgment, recovery or recognizance be levied, had or made, of a further time paffed, the fheriff fall be commanded that he make known to the party of whom it is complained, that he or she be before the juflices or court at a