$5iS«''
\
John JVbams
3fUmiru,
IN TME CUSTODY OF THE
BOSTON PUBLIC LIBRARY.
5.HELF N°
-<- 'ADAMS
V\^£ allow of the Printing and Publifhing of the
** Book Intituled, A 'General Abridgment of Law
and Equity, Alphabetically digefted under proper
Titles, &c. By Charles Finer, Efq;
W. Lee.
W. Fortefcue.
J. Willes.
E. Probyn.
F. Page.
Law. Carter.
J. Fortefcue A.
W. Chappie.
T. Parker.
M. Wright.
Ja. Reynolds.
Tho. Abney.
T. Burnett.
lfc&^7&
'/0S7ZS
General Abridgment
O F
LAW and EQUITY
Alphabetically digefted under proper
TITLES
WITH
NOTES and REFERENCES
to the WHOLE.
By CHARLES VINER, m
Favente Deo.
ALDERSHOT in Hampihire near Farnham in Surry ;
PRINTED for the Author, by Agreement with the Law-Patentees.
AOAIAS 5.V.V
TABLE
OF THE
Several TITLES, with their Divifions and Subdivifions:
R
€pltf)tn»
O. s
p
P. 2
a
R
S
T
U
w
X
Second Deliverance.
How granted.
At what Time.
Pleadings. „ . - . „u«
Variance between Replevin and the
Second Deliverance. l •
Withernam. p
What it is. , '
Granted in what Cafes, and when, and
by what Court. _
Cattle. Us'd how. And in what Cales,
'and on what Terms reftor'd.
Writ, Proceedings, Pleadings, and Judg-
ment. . , .
Procefs and Proceedings in Replevin.
c/finding Pledges, and by whom taken.
Liable in what Cales.
In what Cafes of Rent.
Sheriff. Demeanor. Punifhable m what
Cafes relating to Replevins. *
Grant of Replevins &c. by whom, or who
may hold Plea of them ; and when,
where, and how. z
Pleadings. a
Place°iliuabla In what Cafes, and how. B. a.
Property pleaded in the Plaintiff or a
Stranger. In what Cafes. And claim'd
at what Time. ~. a
By Que Ellate. . , Ua
Traverfe. Good or neceffary in what
Cafes. E - a
Judgment. p
How. * a
Replication mrtJ Eejomucr,
Good. _,..•, .
Where it muft fet forth a Title at large. A
Where it muft tend to a proper Iflue,
and what is a proper Iffue.
Without maintaining the Writ.
As to Place.
Tho' not anfwering Part of the Defen-
dant's Plea, or being too general.
Neceffary in what Cafes.
In what Cafes there fhall be one or more
Replications. And in what Cafes one
Replication fhall go to feveral Bars.
Where it is a Departure. See Departure.
Aids Faults in the Plea &c in what Cafes
Confeffion of the Truth of the Plea &C.
In what Cafes it fhall be faid to be. _
Shewn in the Replication or Rejoinder,
what may or muft be
K
Conclufion. Where it ought, as well as a
Plea, to have a proper Conclufion, and
what is a proper one. L
Judgment. In what Cafes upon the Repli-
cation. M
In Chancery. N
Report*
Bv Matter in Chancery. A
Etpugnant
In what Cafes Repugnancy fhall make
Things void, and what fhall be faid to
be fuch. A
Pleadings. B
Eefcetpt;
Who ihall be receiv'd
In refpett of Eftate ;
Where Eftates are conjoin 'd. A
Strangers or others. And on what
Terms. Surety. A. z
Termor, in Default of others. A. 5
Allow'd by whom. C
Reverfion.
What fhall be faid a Reverfion to be re-
ceiv'd. D
What Perfon. E
Reverfioner.
When to be receiv'd. H. K
In whatAftions. F.N
At what Time. O
See Default (A)
In the Aftion, in what Cafe. G
How. For Part. And
Done upon Refceipt. What may be- G.2
Femes Covert. Receiv'd.
At what Time. IE.
How. By Attorney ; and How. Sce(M,2)
Lies. In what Cafes.
Againft Suppofal of the Writ. M
By Attorney. M. z
Receipt after Receipt. R
In what Cafes one Man fhall be received
after Receipt of another. B
Pleadings.
And where Caufe muft be fliewn before
the Receipt. R- 2
Profert or Monftrans of Deeds &c. Necef-
fary in what Cafes. R. 5
Trayeife neceffary ; and where good
or not. R- 4
Counterplea, good. P
At what Time it may be. Q_
Proceedings after Receipt. R â– >
Pleas after Receipt. S
Judgment. '
Execution. How. U
a Heltons,
A TABLE of the Several TITLES,
KcfCQtlO. See Diftrefs.
Retu
Sob Return(A)
the Action, and againft
ovcrcd.
, by Fine and Attachment
f . > •■d Indictment.
liOt
, â– '. ...lings and Pleadings.
El
i
In v hat (Jules.
..ill his own Grant,
.. Office, or without Scire
Facias.
Mefne Iflues. In what Cafes the King
have them. Sec (A) pi i. -.
Kcrcrtiation.
Lt.
Good.
In reftcft of the
Tni rved. B
ved.
ient Rent. B. a
Manner. And who (hall have the Rent. C. a
Thing out of which ; B
Part of the Eftatcor Thing granted. B.z
Pcrfbn,
To whom;
Srrarger.
Rclervor.
Uncertainty.
Tho' no prefent Diftrefs can be had
Upon what Conveyance.
Y\ ithout Deed, and
By what Deed.
In refpeCfc of the
Enate granted.
Conveyance.
By what Words a Rcfcrvation may be
o &c.
Several Refervatknsof fcveral Rents, what
fliall be faid to be.
Enure to whom.
jointcnants. ^^
; it flian be
-A. a
C
D
la
M
M. 2
F
H
I
L
L,
of what Thing
to be iiluint
faid
N
CL
-fui: g.
To whom it fliall be faid to be referved
upon the Words.
By whom to be performed upon the Rcfcr-
vation. p
ant what, and what a Rcfcrvation. L. z
M hat fliall be fad refervedon the Words. Q
Exception.
t it is, and what amounts to it
â– hat it may be.
By what Words it may be.
<â– rary to the Grant,
In v.- (hall be faid to be.
Excepted, what fliall be faid to be.
Things excepted inL , . what
Cafes they fliall pals by Grant ccc. of
the I
In what Cafes Exception or Rclerration
• to a '-rant.
R
S
T
U
w
X
V
2
Good.
In refpeft of the Place where men-
tioned i;i the Deed.
Tal .
Y\ ho fliall take by the Rcfcrvation, tho'
not within the YV j) a
D II have the Rem in refpeft of
ir Enate. c
How much fli:i|l be faid referved. F a
Extent tin q
Determined. Where by the Words of the
I :vation the Rent fliall determine,
tho' tlie Term continues. ' h a
Non Refidence,
What is, and
Punifliable by Statute.-' a
icreofasto Leafcs. B
1 In what Cafes. (•
, Verdict &c. ]j
Ecfignation*
Of Temporal Offices &c.
What is. j^
To v I jj
Bonds of Resignation. Sec Simonv CFi
fceffituttom 7
I .' I id electing Temporal Officers. A
To, and by, whom in Cafes of Forcible En-
3
In Cafes of ftolen Goods. (j
Scire facias ;
NeceflTary in what Cafes. £)
Upon Seifure of Lands or Goods:
How to be granted ; and where Caufe
multbcflicwn. £
iMmimons, I\C{jimt«!jmcnt 3 anti
Eeattacljmcnt*
Caufe,
Good, and How confidcrcd, \
Awarded,
At what Time, and where. B
In what Cafes, and A&ions, and How. C
General or Special. J)
Removed. What. Sec Conufancc.
Sued,
Bj h horn. e
A linft whom. p
Difcontinued; andtheEl g
Reviv'd. What, and in what Cafes. H
New Defence. J
Arainfl v, horn.
Vouchees, Tenants, or fomc ^of them,
and How. J£
Procel's. l
Pleadings, Abatement &c. M
Return*
Good. What.
Rcfcousof the Body. A
Delivery over by the Old Sheriff to the
New One. B
In whofc Name. By Sheriff, or other Officer. C
By whom. £)
Where there arc Joint Officers. D. z
How.
Not againft a former Return ; F
Againft the Admittance of the Party. G
Nihil. Peremptory in what Cafes. G. z
Succcllbr. Sheriff.
Bound in what Cafes by PrcVrecflbr. F
Excufe
With their Divifions and Subdivifions.
Excu'e.
Of [not] doing [according to] the Command.
What Default of the Party. H
Not excufing all the Time of the Com-
mand. *
Of Not ferving the Writ. What. I. z
Good or Not
In refpecl of the
Words. K-
Uncertainty L
Sufficient, What ; And made good by
Intendment, in what Cafes. L.2
Amerced, W ho; ftl
Sheriff ; upon what Return.
Mandavi Ballivo &c.
, By Bailiff.
How.
Part by Sheriff, and Part by Bailiff ot
Franchife. ^ 2
Averment
Againft Return of Sheriff. °
In what Cafes a Man may appear or be
received againft the Return of the
Sheriff. °-*
Statures relating to Returns.
Falfe Return.
Remedy theret f, and how punifhed. 0-
Not bringing . dj according to the
ced, how, and the Pu-
nifhtnent thereof ^
What Writs mull be returned. S
At what Tin â–
111 Rerurn aided by Appearance. U
Keucrficru .
Poflibilitjc. A
What is a Reverfion. -^
To which Rent is incident. ^
Develted and Revelled by what. F
C rant good ~
In refpect of the Eftate of the Grantor. t.
. Paffes by what
Words,
And what paffes by the Word, Re-
verfion. 9*
In futuro. *2
Conveyance.
Intereft.
How Tenant for Life &c. Revcrfioners
&c. are feverally intcrefted
inter te. "â–
Reverfioner.
Pow er. Charges by him, good to bind
the Heir. L
What Actions he may have, and when. M
Pleadings
Where there mud be Profert or Mon-
ftrans of Deeds by Reverfioner or
Remainder-Man. ^
&tijcrtcr*
In what Cafes. A
JSleufte*
What Things fhall revive. A
By what Act. #
Eig&t
The feveral Sorts ; and the Difference be-
tween that and Title and Intereft. A
Where a Poffeffion ffiall draw the Right of
the Land to it. B
After accruing Right barred by what Con-
veyance. _ C
Extinguiihed by Feoffment &c. D
Riots &c.
, Routs, and unlawful Affemblies,
What. A
What Perfons may be guilty of a Riot. B
Statutes and
Power of the Juftices, C
Informations and Indictments, Good or
Not. D
Proceedings, Pleadings, and Verdict. E
What is
In refpedt of the
Value of the Thing taken. A
Mar ;e , a d Pcrfon from whom. B
Within the Statute,
In refpeft of the
Time when done. C
Place where committed. D
Amounts to a Robbery, What. See (B)
In what Place the Robbery fiiall be faid to
be done. E
W Um the Party robb'd ought to do. E
Notice
To whom, and when ; and what fhall be
faid a fufficier.t Notice. G
Oath and Examination. H
Cautions for preventing them. I
Hue and Cry. K
Ii forced and Levied, How. L
Punifhments for not Purfuing, Conceal-
ing, or not Arrefting Fel M
Encouragement or Rewards for Appre-
hending Robbers. N
Hundred difcharged.
What fhall be a Taking within the
Statute fufficient to difcharge the-
Hundred. O
Action
Brought
By whom. P
Within what Time. Q_
Proceedings. R
Declarations^ Pleadings, and Verdict S
W r itnefles, Who; and Proof how. T
Trial. Venue. U
Chargeable towards the Robbery, Who,
and How ; and of Contribution. W r
Charges of Officers reimburfed. X
Indictment; and where the Felon fhall have
his Clergy. Y
I mnification of taking Perfons upon
hue and Cry, or killing Robbers. Z
Ettmottrs*
Injurious to Trade and detrimental to the
Publick. A
Safe Cofflmct* a
For Payment of Portions
Decreed on Settlements, the no Words
directing it. A
©arnage* a
Satisfaction*
Wh.it fhall be faid to be a Satisfaction, and
for what A.
©cijool anrj StfjooJ^aftei:* a
@>cuc facias.
How it mult be. A
Brought
A TABLE ot the Several TITLES
Brought. In what
County. g
Curt, or out of what Court it (hall Mitt F
In lieu of Refummons C
For v j_)
I pon what Suggcftion orSurmife. E
!> â– Readii gs. G
.rns.
O.
'of the Time. H
emptory. In what Cafes. I
SCUUener. See Payment (C).
How â– ifcs relating to their
Bufincfs. A
Scare!) fur t!jc Umff*
Scars in a Cljurclj.
Acu. i ind Headings A
Securities.
Jn w hai Cales to he given. A
Relief againit them,
In refpecT: of the Confideration. B
Tho" given on a fceming Confide-ation. C
The Confideration not being performed. D
Pro Turpi Caufa. J£
Transfcrr'd ; or a defective Security made
good by fubftituting another in its Room. F
SC DcfCnoeilOO. Sec Forfeiture (E). A
SClfin. Sec Execution
Gc
What. To have an Affife. A
Of Part, where Seifin of all. B
Seifin of one,
Where Seifin of another. C
Thing where Seifin of another Thine. C. i
Actual. &
What Aft
In Law will make actual Seifin. D
Of the Tenant will be a Scilin actual
in Law. E
Neceflary in what Cafes. E. z
Given by what Thing p
Of whom, or by whom, fhall ferve for others. G
Corporations See (G) pi. I, 2.
For whom the Seifin fhall be fufficicnt H
Jnftantaneou>. J
Pleadings. K.
Seifure foe tlje Kino;.
Statutes relating thereto. A
By whom it may be made. JJ
In what Cafes, and of what C
Retain. In what Cafes the King may fcife,
but not retain D
At what Time. E
Livery. In what Cafes, and of what. F
Pleadi G
Scqucftration.
What i: i-, and the Original and Force
thereof. A
In what Cafes, and How. K
Againft what Perfons. C
hat Places. Ireland Zzc. D
Of \ -gs. j.;
The Power of Sequeftrators. J?
Determined or let afide. G
Relation. j-j
Serjeant at arms, a
Scruicc of Utiles, Orocrs $c. A
Seffir-ns of parliament.
fuch. A
Seffions of tlje peace.
Summon'd, and held How^ and by whom. A
B
C
D
E
F
G
H
I
K
L
JM
N
O
P
&
s
T
Held
When, and how often.
In what Place.
Of Appeals toSeflions; and
Good or Not.
To what Scffions it mud be.
Their Power.
As to Orders made by Ju dices.
To make original Orders.
Over their own Orders
To delegate Authority to Juftices.
As to Arte lis
Of an after ScfTtons to controul a former
Cofts upon Appeal.
Orders of SefTions.
Good or not, in refpect. of the Form
Quamed.
For what.
In Part.
Of their Entries and Proceedings.
Private Seffions.
Next Seffions. How underftood.
Of what they may inquire, and proceed
thereupon. \j
Of Adjournment of SefTions. \y
Information againft a Court of Seffions, or
againft Juftices of Peace; For what ' X
Settlements m Cljancerp.
Settlement of Lands by Chancery &c. What
Limitations Chancery &c. will direct. A
By Perfon of weak I'nderftanding. jj
Ufes in Settlements relieved againft in Equity C
Settlement of poor.
What is. By
Birth, and Orders relating thereto. A
Fraud, and How punifhed. B
Habitation. Q
Having &c. Land or Houfe &c. D
Marriage. £
Notice. Who muft give Notice, and
what amounts to it. F
Serving Offices. Q
Orders.
What Orders fhall be faid Conclufive
or Final ; and what fhall be faid an
afcertaining a Settlement. H
Parents Settlement ; and Orders relating
thereto. I
Payments. K
Renting. L
Service or Hiring. j\i
Orders relating thereto. N
Oilier Things. (j
Orders of Settlement or Removal
In what Cafes the Order muft mention a
Complaint, and by whom it muft be made. P
Good or Not
In refpect of the
Form or Manner. Q
Foundation upon which made &c. R
Juftices by whom made and How. S
Qualh'd
In what Cafes
In General. T
For Want of
Adjudication. \J
Words. And where they fhall
be fupplied by Intendment, or
by other Words in the fame
Order. VY
In Part. X
Scfocrs.
Statutes relating to Sewers, and impowcr-
ing Commiffioncrs. A
AlTcflmcncs
With their Diviiions and Subdiviiions.
evy-
Aflefsfnentshow, and the Manner of 1.
in
Chargeable towards Repairs &c.
Who.
Commifnoners.
Their Power.
Punifh'd how, and for what.
Proceedings.
Pleadings and Exceptions.
©IjCTiff.
His
Power as to . -
Arrefts, and detaining Pnfoners.
fcaifingthc PofleComitatus&c.
Breaking open Houfes, Chefts tec.
Makings Deputy, and What l.c may do
bv Deputy.
In Executions, and how he liiol demean.
How he mull demean in Ca'csot Injunctions
as to Execution.
Payment of the Money tothe Slicnrr,
Good or not.
Sale by him
How, a-id to whom.
Venditioni exponas.
Reilitution after Sale In what Gates
Chargeable,
In Debt.
For Non-feafance.
Punifh'd.
For what Returns. _
For what, and how, in Civil Cafes.
Indictable and punifh-blc in what La.es,
relating to Offenders 6cc.
Own Cafe. , , - • i :
What Act of Office done by him in his
own Cafe is good. -
Compellable to do what, tho himlelt is
Party. .
Secui ities given to him,
Void, in what Cafes.
Pleadings thereon.
Attachments againft him.
In whatCaies, and
Directed to whom.
Actions
Againft him.
For Falfe Return.
A
B
C
I)
E
G
H
i
K
L
N
()
P.
M
N
Securities given
Avoided. In what Cafes.
Pleadings.
Ecclefiaftkal Court.
What Power it has in Simony. See Pro-
hibinon(M)pl. I 8c 2. <•)
©irnul cum, A
©0ti.
O
T
U
w
M
X
Y
Z
A. a
ror rant «^r"" ,
Trefpafs, or Cale, or Debt.
By him _
In refpeft of his Office.
Pleadings by him and Baillft.
Determination of Office
D^hai- S edbyWrit;andofAasdone
by him before Notice.
Two Sheriffs, q a
TuSe'lnwha^cIi-esthe-Sheriff is Judge. D.a
Sen relating to Things done or begun
in the Time of a former Sheriff. *â– â–
Statutes, and what is within them. *
By 'whom it may be to make a Forfeiture. C
A Stranger.
Amounts to Simony. What. £
Before Avoidance. y.
Bonds of Kefignation.
^ Right to prefer- What it is. g
Prefent At what Time he may_ «
AftentoftheKmg, of what Eftcft. ^
Pardon by him, of what Effect. ^
Dilabili'.y thereby.
V\ ho may meddle with the Soil, orto whom
it belongs.
What is incident to the Soil.
€>obier.
©aitcttoc*
Ghent bound ;
By what Aft of his. _
Examined againft hisClient.
In what Cafes.
See Trial. See Attorney.
Maintenance.
What (hall be faid Maintenance in him.
Charg'din Default of his Client.
Difpur.es between Client &c. and Solicitor.
@xrott)=©sa*
Subfcriptior.s. Cafes relating thereto.
©pCClCiltp*
Spoliation*
'in what Cafes, and what is Spoliation.
For whom.
Stamp 3 ft,
I Good. What Aft of Parliament is good,
In Refpect of the
i Manner.
Matter.
The Commencement.
Relation of them.
General Statutes. .
What Avail be fa id fuch, whereof the
Court ought totaktXitKt without plead-
No! general. What Afts, not being ge-_
neral, the Court will take Notice o.
without Pleading. T
In what Cafes they toll the particular In-
terelt of a particular Perfon.
What Perfons bound, tho' not nam d. in-
A
B
A
A
B
C
I)
E
A
B
A
A
B
A
A
. a
B
B
C
fants.
Private Statutes. Notes and Pleadings.
Pleadings in Actions on Statutes m general
Mifrecital.
Procefs in Actions on Statutes.
Conltruition of Statutes.
Affirmative or -Negative-Common Law
. Continuing former Statutes —
Contracts, or Covenants, jetted by
them. -Contrary to the Words. — £■-
quit „ __ Extended by Equity ccc be-
yond the Words.- Extended by Equity
&c to Perfons not named. - Exceptions.
_ Explanatory.- General or Particular
_ Intent.- Interfering— Obfcure or
Dubious.- Penal Statutes.- Preamble.
_ Prefcription.— Provifoes —Reference.
-Remedy -Reftra'med by Equity 8cc.—
BetrofpcCt -Strictly. - Subfequent Sta-
tures where they toll Sec. Precedent.
Words.— In General.
Words of
Forfeiture.
Saving.
Repealing.
what Statutes,
E
E. 2
E.;
E.>
E.4
E. 6
King bour.d by
E. 3
E 9
E. io
Statute
A TABLE of the feveial TITLES &c
H
ecosm-
Stacutea Merchant, Staple, and
zance.
Statutes relating thereto.
What good.
Execution.
\\ ho fhall have it, and how.
Againll whom, and of what, and how
Atwh.it Time granted ;
How pui i Execution.
After Execution
Difbharg'd, how, before Execution.
Difcharge of all the Laud, or of Part
What Act (hall be;
Bat not any other Part of the Thing
to be extci dcd.
Ofa Statute after Execution ftied.
Of Recognizance alter Execution.
Bound by a Statute ; VVbat.
Extent.
In what Cafes.
Upon v. hom. Sec (O) pi. S, 9.
Ol wha: Things.
How.
By what Procefs, and Proceedings
thereon.
Intereft. What Inn-reft the Conufec has
in the Land after Extent.
Re-extent;
For whom granted, and when.
For what Caufes it lies.
Pray'd. At what Time it fhall be pray'd.
Reftitu. ion.
Holding o-er
What a good Caufc
ACt of
God. A a
Law. See (A. a - * pi. 4.
Stranger. See (A. a) pi. 5
Party. ( • .,
W ho fh ill have Benefit thereby. B. a
Re-entry by Conul'or,
In what Cafes. EX a
Avoided
For what. See (P. a. 2)
By Plea without Scire facias, or Venire
facias, or Audita Querela. £. a
Scire facias or Venire facias, or Pleader.
Granted for what Caufcs. p. a
E. 11
F
G
. H
I
K
S
J.
M
N
Y
Z
o
p
R
S.2
T
U
X
Z.2
I.
G
K
M
P a 2
Q_a
Scire nicks
In what Cafes, and for what Caufes H a
Neceflary in whatCafes. Ha-
Againft whom it lies ^ a
How it flail be as to Colts and Damages. O a
Ad Rchabendum Terram.
In whatCafes it lies,
Or Audita Querela,
Granted for wliat Caufes
Who fhall have it.
Ad Computanrfum.
In what 1
Avoided for what Caufe; and
Pleadings
Saver Default.
Stealtoff,
By Owner, or PofTefLr of Goods, as by
£ a «ln>ent, and where fuch Taking &c
fhall be raid Felony. B
Ofwhat Things it fhall be faid Felony
I:> rcfpectol the Nature of the Things
Ifoln. b
In what Cafes Stealing the fame Thing fhall
fhall be faid Felony in one RefucCt,
and not (o in another.
Indictment and Pleadings
^tcuwfti of Courts'/
His Office and Authority, and how confi-
dcr d.
His Power,
As to
Fines and Amerciaments.
The fury.
Punifhing Offences in Court.
Puniflable,
In what Cafes.
Appointed
How.
One afting as Steward without Authority •
What Acts of his fhall be valid, and
how.
Forfeiture of his Office.
Deputy.
In what Cafes Steward may make a De-
puty, and his Power. J
Deputy's Deputy,
A«5t of his Good, in what Cafes. K
Joint Stewards.
How they may aft. L
Pleadings. t^j
c
D
B
C
D
E
F
G
H
Replevin.
(O. 3) Second Deliverance.
13 E. 1. cap. 2. \.^Orafmuch as Lords of Fees diji raining their Tenants*** this Pre-
if. 1, JTj for Services and Cujioms due unto them are many Times a JP^ e h ! s ^?
grieved^ becatlje their Tenants do replevy the Dijircfs by Writ or without Writ } ^own that
was at the
Common Law hefore the Making of this Aft. 2 Lift. 339. The Mirror without Caufe does find
great Fault with this Aft. 2 Inlt. 339.
And when that Lords, at the Complaint of the Tenants, do come by At-* So as Lordi
fachment into the County, or into * another Court, having Power to hold Pkas°f. r Hm " ire " s ^
of f Withernam, and do avow the Taking good and lawful, by reafen that & c . may
the Tenants difivcw to hold ought, nor do claim to hold any Thing of him haye Power
which took the Dijirefs, and avow 'd it, he that diji rained is amerc ? d 3 and*" hold Plea
the Tenants go quit, t^flnl
3^9 -f De vetifo Namh, of a forbidden or unjuft Taking, and is not underjleod of a Taking in 11 i-
thernam ; for that is ajult, and no forbidden Taking: 2 Inlt. 339.
To whom Tuuipment cannot be affigncd for fuch * difavowing by Record * That is
of the County, or of other Courts having no Record ; whereof'th©
Court being no Court could have no Conufance, becaufe it concerned Freehold. 2 Inft. 539.
S. 2. It is provided and ord lined from henceforth, That where fuch Lords See (W) pi.
* cannot obtain fujhee in Counties, and fuch Manner of Courts agatnjl ^>~ J al cr
their Tenants as foon as they jhatl be attached at the Suit of then Tenants, a i se " ve ra
Writ (hall be granted to them to f remove this Plea before the Jujhces, before good Caufe
whom, and no otherwhere \tiot clfewheref\ Jujiice may be miutjired unto fuch to i
remove
Lords. And the Caufe pall be put in the Writ, bee aufe fuch a Man dijlramed J'^ „„ ca '__ a
in his Fee for Services and Cujioms to him due. I Note, That
Replevin
may be as well removed into B.R. as into C B which appears twice the fame Year. Br. Replevin, pi.
67. cites 9 H 7. 10.
The Writ of Pone lies when there is a Replevin depending by Writ out of the Chancery, the
Plaintiff or Defendant may remove the Plea by a j- Pone ; and if the Plea be depending in the County,
the Plaintiff may remove the fame || without Caufe, but the Defendant cannot remove it without Caufe,
and that ** Caufe muft be put in the End of tie H r/t. And if it be upon this Statute, the Words be,
i^uia prtdift' 11. cepit avena prttdift.' in Jeodo fuo pro corfuetudmibus ct fertitiis tit dicitur, which are the
very exprefs Words of the Act. 2 Inlt. 339 £ S. P. And this Writ is fu'd out of the Chancery.
F. N. B. 69. (M) — || S.P. F. N. B. 69. (M) & 70. (A) and that the Caufe fhewn by the .Defendant
mult be put after the Telle of the Writ. F. N. B. 69. (M) in the new Notes there (a) fays, That
the Pone {at the Defendant's Suit) was Pone loquelam, qua elt in Com.' tuo int.' A. & B. de Averiis
ipfius A. capt." Sec. and fays, Pra:tato B. where it mould be Praefat.' A. Rolph came for A. the Plain-
tiff it) the Replevin, and pray'd Damages, becaufe otherwife he had no Remedy ; For the Pone is a-
bateable, and fo held the Court, being without Warrant; and yet it fhall not be remanded, becaufe
both are the King's Courts ; and a new Pone does not lie in this Cafe, becaufe the Plaitft fliall (land.
Martin, Baker and Pafton contra, That a Pone orRecordareis only to remove the Plaint ; So that when