AND HOW For that whereas, heretofore, to wit, on, &c. at, &c. (venue) by a certain THE TITLE, act of parliament made in the year of the reign of his present majesty, ACQUIRED. [or, "his late Majesty King —"] intituled, &c. after reciting, that, &c. it By private act of parwas, amongst other things, enacted, &c.-[Here set forth the material causes, re- liament (2). lating to the matters in dispute.] As by the record of the said act of parliament, remaining amongst the rolls of the parliament of our lord the now king, at Westminster, in the county of Middlesex, may more fully and at large appear. ed by hus wife, of the of the wife And the said E. F. and G. his wife, being so seised(b), afterwards and dur- By fine leviing the continuance of the said demise, to wit, in [Hilary] Term(c), in the year of band and the reign of our sovereign lord the now king, a certain fine was duly had and inheritance levied in his said majesty's court of the Bench at Westminister, *in the county (a). of Middlesex, before —, (d) then his majesty's justices of the Bench afore- [ *581 ] said, and other faithful subjects of our said lord the king, then there present, between the said plaintiff by the name of —, complainant, and the said E. F. and G. his wife, by the names of, &c. deforciants, amongst other things, of the said demised tenements, with the appurtenances, by the name and description. of, &c.; whereupon a certain plea of covenant (e) was summoned between them in the same court, to wit, that the said E. F. and G. acknowledged the said tenements with the appurtenances, to be the right of the said plaintiff, as those which the said plaintiff had of the gift of the said E. F. and G. and the same remitted and quitted claim from the said E. F. and G. and the heirs of her the said G.(f) to the said plaintiff and his heirs for ever(g). And further the said E. F. and G. granted for themselves, and the heirs of the said G. that they would warrant to the said plaintiff and his heirs the tenements aforesaid, with the appurtenances, against all men for ever; as by the record of the said fine, remaining in the said court of the Bench aforesaid, more fully appears(h); which said fine so had and levied as aforesaid, was had and levied to the use and behoof of the said plaintiff, and his heirs and assigns for ever, to wit, at, [ *582 ] &c. (venue) aforesaid. By virtue (i) of which said fine the said plaintiff then and there became and was seized of the said tenements, with the appurtenances, in his demesne as of fee. The like, See the precedent, 1 Saund. 259. As to the pleading a fine with proclama- with proc tions as to bar to the issue in tail, and in general when such proclamations are lamations. (z) 2 Bla. Com. 344, 345.-As to pleading a private act of parliament, see Bac. Abr. tit. Statute, L.-Bul. Ni. Pri. 224. see a precedent, 1 Saund. 193. The defendant is not entitled to oyer, Dougl. 476, 7.-1 Saund. 9, n. 1. b. (a) As to the fine and effect of it, 2 Bla. Com. 348, 357.-1 Saund. 319, n. 1. See the form of a fine, 2 Bla. Com. App. No. 4.-See the precedents, 2 Saund. 175, 269, 270. 1 Saund. 258.Co. Ent. 700. Clift, 819, pl. 5.-1 Leon. 255.-2 Rich. C. P. 531, vol. xvii. MS. 633. This form was adopted in 3 East, 346. (b) It is not in general necessary to allege a seisin in fee, 2 Saund. 175, n. 1.-1 Leon. 255. See a statement of seisin in fee in right of the wife, 2 Saund. 269. (c) The term must be shown, and in what court the fine was levied, 2 Saund. 175, n. 2. (d) It appears advisable to state the names of all the judges, 2 Saund. 175, n. 2. (e) 2 Rich. C. P. 352.-2 Saund. 270. (f) In 2 Saur. d. 270, it is stated, "the heirs of the husband," but this is inaccurate, when the estate is the inheritance of the wife, 2 Saund. 176, n. 3.-2 Rich. C. P. 352. (g) If a less estate, see 2 Saund. 175. (h) A reference to the record of the fine, or of proclamations, is unnecessary, 2 Saund. 176, n. 4. (i) As to this statement, see 2 Rich. C. P. 352.-2 Saund. 270, 176. And as to the statement of a deed to lead the uses of the fine, see the following precedent of a recovery, and the statement of the deed to declare the uses of the fine, 2 Saund. 270. THE TITLE, necessary, and how they are to be pleaded, see 1 Saund. 259, n. 8.-2 Saund. ACQUIRED. 175, n. 3, 4.—See the form, 2 Bla. Com. App. No. 4. AND HOW Deed to lead the uses of recovery, and recov And the said defendant further says, that before the said several times when, &c. in the said first count mentioned, and at the several times hereinafter menery accord- tioned, one E. F. as heir at law of G. H. deceased, was seised in his demesne ingly(k). as of fee, of and in the manor of, &c. with the appurtenances, in the county aforesaid. And being so seised thereof, he the said E. F. heretofore, to wit, on, &c. at, &c. (venue) aforesaid, by his certain indenture of bargain and sale, bearing date the day and year last aforesaid, and made between the said defendant, the now defendant, of the first part, the said E. F. of the second part, I. K. of the third part, N. O. of the fourth part, and P. Q. of the fifth part; which said indenture bearing date the day and year aforesaid, was then and there sealed with the seal of the said E. F. and was, within six months then next [ *583] following, to wit, on, &c. in due *manner enrolled in the High Court of Chancery of our said lord the king, (according to the form of the Statute in such case made and provided,) in consideration of the sum of 5s. of lawful money of Great Britain, to him the said E. F. in hand then and there paid by the said N. O. he the said E. F. at the request and by the direction and appointment of the said J. K. testified as therein mentioned, did bargain and sell, and the said E. F. did grant, bargain, sell, and confirm unto the said N. O. (amongst other things) the said manor, of, &c. with the appurtenances, in the county aforesaid, to have and to hold the same to the said N. O. and his heirs and assigns, to the use and behoof of the said N. O. and his heirs and assigns for ever, to the intent and purpose that the said N. O. might become perfect tenant of the freehold of the said manor, with the appurtenances. And it was thereby agreed that the said P. Q. should, before the end of that present Easter Term, or of some other subsequent Term, sue forth a writ of entry against the said N. O. in order to have a recovery suffered of the manor, of, &c. sur disseisin en le post. And that the said recovery when suffered should be and enure to the use of the said C. D. the now defendant, and his assigns, for and during the term of his natural life, and the remainder thereof to the use of the said J. K. his The recov- heirs and assigns for ever. And the said defendant further says, that afterwards, to wit, in Term, in the year of the reign of our lord the now king, a writ of entry sur disseisin en le post, was sued out, and a common recovery in due form of law suffered, of the said manor, with the appurtenances, in pursuance of the said indenture, wherein the said P. Q. was demandant, against the said N. O. tenant, and the said N. O. vouched to warranty the said defendant (the now defendant) who appeared and vouched to warranty the said J. K. who appeared and vouched to warranty the common vouchee, and a writ ery. (k) The recovery is pleaded in this form more concisely than is usual. See the next form. The above form in a plea was advised by Mr. Serjeant Williams, in preference to the more prolix statement. He pleaded thus in a special verdict, and the court expressed their approbation of it. See also 8 East, 560. Lutw. 1539.-Doc. Plac. 309 a.-Jocob's Law Dict. tit. "Recovery." See the Record of a recovery, 10 Wentw. 251, and the exemplification of it, ibid. 252. The recovery is in this case merely inducement to show that C. D. was tenant for life. See the form of a recovery with single vouchers, and writ of seisin thereon,? Saund. 89, &c.; and one with double voucher, 2 Bla. Com. App. No. 5, which will assist in framing the statement of a recovery. See the nature of a recovery defined, &c. Willes, 451.-2 Saun. 42, n. 7.-2 Bla. Com. 357.-See the forms, Winch. Ent. 1189.-2 Lutw. 1541.-Clift, 814, pl. 3. AND HOW of seisin was thereupon awarded to the said P. Q. and the sheriff of the same THE TITLE, county returned the same writ executed as by the record and proceedings ACQUIRED. thereof remaining in the court of our said lord the king, of the Bench here, to wit, at Westminster, more fully appears. And the said defendant further saith, that the said J. K. and all those whose estate he now hath, and at the said several times when, &c. had of and in the said manor, with the appurtenances, from time whereof the memory of man is not to the contrary, have had, and have used, and been accustomed to have, and of right ought to have had, and the said defendant who is so seised of the said manor, with the appurtenances, for the term of his life as aforesaid, still of right ought to have, &c.-[Here the subject-matter of the prescription was stated.] year of the reign and his companions, M. in a plea of [After stating that R. H. and M. by fine became seised, *proceed lows:]-And the said R. H. and M. being so seised, N. Z. and J. M. afterwards, to wit, in the same Term of St. Michael, in the aforesaid, in the said court of the Bench, before justices of the bench aforesaid, impleaded the said R. H. and land of the aforesaid manor and tenements (amongst other things) by the writ of the said lady the queen, of entry upon disseisin en le post, in the same court then returnable and duly returned, and the said R. H. and M. and N. Z. and J. M. parties to the said writ in the said court in due manner appearing, and the said R. H. and M. so being seised of the said manor and tenements, with the appurtenances, in their demesne as of fee as aforesaid, the said N. Z. and J. M. then declaring upon the said writ, in their proper persons demanded against the said R. H. and M. the manor and tenements aforesaid, with the appurtenances, (amongst other things) by the names and descriptions aforesaid, as their right and inheritance, and into which the said R. H. and M. had not entry, unless after the disseisin, of which R. H. thereof unjustly and without judgment had made to the said N. Z. and J. M. within thirty years then last past; and whereupon they said that they were seised of the manor and tenements aforesaid, with the appurtenances, in their demesne as of fee and right, in time of peace in the time of the said then queen, by taking the profits thereof, to the value of, &c. and into which, &c. and thereupon they brought suit, &c. And the said R. H. and M. in their proper persons, came and defended their right, when, &c. and thereupon vouched to warranty J. Z. gentleman, son and heir apparent to the said J. Z. esquire, which said J. Z. the son present then in court, by H. M. W. esquire, his guardian, which said H. M. W. was admitted by the said court of the said queen, to appear for the said J. Z. the son, being then under age, as the guardian of the said J. R. the son, the manor and tenements aforesaid, with the appurtenances, to them warranted, &c. and thereupon the said N. Z. and J. M. demanded against the said J. Z. tenant, by his own warranty, the manor and tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon they said that they were seised of the manor and tenements aforesaid, with the appurtenances, in their demesne as of fee, in time of peace, in the time of the said queen, by taking the profits thereof, &c. and into (1) This form is precisely as pleaded in Outram v. Morewood, 3 East, 346.-See the notes, ante, 580, 502; and 1 Hen. Bla. 395. VOL. II. 57 The like more fully pleaded(). [ *584 ] R. H. and M. vouch J. Z. the son. AND HOW vouches R. H. R. H. de fends. Judgment. THE TITLE, which, &c. and thereupon they brought suit, &c. And the aforesaid J. Z. tenACQUIRED. ant, by his own warranty, defended his right, when, &c. and thereupon *furJ. Z. the son ther vouched to warranty, R. H. who was present there in court, in his proper person, and freely, the manor and tenements aforesaid, with the appurtenances, [*585] to him warranted, &c. And thereupon the said N. Z. and J. M. demanded against the said R. H. tenant, by his own warranty, the manor and tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon they said that they themselves were seised of the manor and tenements aforesaid, with the appurtenances, in their demesne as of fee and right in the time of peace, in the time of the said then queen, by taking the profits thereof, to the value, &c. and thereupon they brought suit, &c. And the said R. H. tenant by his own warranty, defended his right, when, &c. and said that the aforesaid R. H. did not disseise the aforesaid N. Z. and J. M. of the manor and tenements aforesaid, with the appurtenances, as the aforesaid N. Z. and J. M. by their writ and count aforesaid above supposed, and of this he put himself upon the country; and the aforesaid N. Z. and J. M. thereupon craved leave to imparl, and they had it; and afterwards the aforesaid N. Z. and J. M. came again there into court in that same Term, in their proper persons, and the aforesaid R. H. though solemnly called, came not again, but departed, in contempt of the court, and made default. Therefore it was then considered that the aforesaid N. Z. and J. M. should recover their seisin against the aforesaid R. H. and M. of the manor and tenements aforesaid, with the appurtenances, and that the aforesaid R. H. and M. should have of the land of the said J. Z. the son, to the value, &c. and that the said J. Z. the son, should further have of the land of the said R. H. to the value, &c. and the said R. H. in mercy, &c. And thereupon the said N. Z. and J. M. prayed a writ of the lady the queen, to be directed to the sheriff of the county aforesaid, to cause them to have full seisin of the manor and tenements aforesaid, with the appurtenances, and it was granted to them, returnable there, on, &c. At which day came there into court the aforesaid N. Z. and J. M. in their proper persons, and the sheriff, to wit, esquire, then returned, that he, by virtue of the writ aforesaid to him directed, on, &c. then last past, did cause the said N. Z. and J. M. to have full seisin of the manor and tenements aforesaid, with the appurtenances, as by that writ he was commanded, &c. as by the record and process thereof in the court of our Uses of re- said lord the king, of the Bench, at Westminster, now remaining, appears: which said recovery as to the coals and iron stone being within or *under any part of the said lands and tenements in, &c. (except the coals and iron stone being within or under any of the messuages, buildings, orchards, and gardens, which were then standing and being upon any of the said lands and tenements,) with free liberty of ingress and egress into the said premises, in places convenient for the getting and digging for the same coals and iron stone, and for the stacking the same in places near where the same should be gotten, until they might conveniently be sold, or be carried away, off and from the said premises, was had and suffered, to the use of the said J. Z. the father, for and during the term of fourscore years, if he go long did live, the remainder thereof to the use of the said J. Z. the son, and to the heirs male of his body lawfully begotten and to be begotten, and for default of such issue, to the use of the second, Writ. Return. covery. [ *586 ] : AND HOW Right of J. ther, and reversion in Z. the fa seisin of the third, fourth, fifth, sixth, seventh, and eighth sons of the body of the said J. Z. THE TITLE, the father, begotten or to be begotten severally and successively, one after another according to seniority, and to the several and respective heirs male of the body of such sons, respectively, and for default of such issue, to the use of the said J. Z. the son, and to his heirs forever, to wit, at, &c. (venue) aforesaid. By virtue of which said recovery, and by force of the statute made for transferring uses into possession, the said J. Z. the father, became possessed, amongst other things, of the said coals, with the liberties and appurtenances thereto J. Z. the belonging, for the term of fourscore years, if the said J. Z. the father, should son, &c. by so long live; and the said J. Z. the son, became seised thereof in his demesne virtue of reas of fee tail, the further remainder and reversion thereof belonging as before limited; and the said J. Z. the father, being so possessed, he the said J. Z. the father, afterwards, to wit, on, &c. in, &c. to wit, at, &c. (venue) aforesaid, was created a knight by the said queen, which honor of knighthood the said J. Z. the father, then and there accepted. And the said Sir J. Z. afterwards, to wit, on, &c. in, &c. at, &c. (venue) aforesaid, died without any issue of his body, save the said J. Z. the son, and the said J. Z. the son being so seised as aforesaid, afterwards, to wit, on, &c. in, &c. at, &c. (venue) aforesaid, &c. —[Lease and release by the son.] *And the said E. F. being so seised as aforesaid, he the said E. F. afterwards, to wit, on, &c. at, &c. (venue) aforesaid, duly made and published his last will and testament in writing (n) bearing date, &c. and signed by him the said E. F. and attested and subscribed in the presence of the said E. F. by three credible witnesses, according to the form of the Statute in such case made and provided (o), and thereby (amongst other things) gave and devised the said demised premises, with the appurtenances, unto the said plaintiff, to hold unto and to the use of the said plaintiff, and his heirs and assigns forever. And the said E. F. afterwards, to wit, on, &c. at, &c. (venue) aforesaid, died so seised of the reversion of and in the said demised premises, with the appurtenances as aforesaid, without altering his said will, as to his said devise of the said demised premises, with the appurtenances. Whereupon and whereby(p) the said plaintiff then and there became and was seised of the said reversion in his demesne as of fee. And being so seised, &c. covery. [*591] Title by devise, in feesimple(m). And the said defendant being so possessed of the said demised premises, Title to a chattel real, with the appurtenances, and the said E. F. being so possessed of the said re- by will(g). version as aforesaid, afterwards, and during the said term by the said indenture granted, to wit, on, &c. at, &c. (venue) the said E. F. duly made and published (m) See the forms, 2 Saund. 235, 6.-1 Saund. 253. Lil. Ent. 133.-7 East, 128.-3 Wils. 130. See a devise for the residue of a term pleaded, Morg. 455, 461. See the form stating a title by devise of a copyhold and surrender to the use of the will, ante, 586. (n) The will must be shown to have been made in writing, in pursuance of the statutes 32 H. 8. c. 1. and 34 H. 8. c. 5.-1 Saund. 276 a. n. 2. (0) 29 Car. 2. c. 3. s. 5. but neither this nor the statute of Wills need be referred to, Dyer, 85 b. It is not necessary in pleading a will, to state that the solemnities required by this statute against (p) No assent of the executor is to be stated in (q) This form is framed precisely as in the case of Mackay v. Mackreth, 2 Chit. Rep. 461.-Ses also 1 Saund. 278.-2 Id. 21. |