in the con- £ of Ccntijss uiijenfoefcet it irjall be grantee bp tlje CIcrp, if tije
V °h*nThc ClCL'fJP after grants a Tenth, tl)0' he who has tljC Exemption be Party
Temh S were to this Grant, yet \y# exemption rcmam0 i for tijis accoross until tije
granted, and (JJrailt. 19 P* 6. 62*
aflented to
it, yet he has not loft the Advantage of his Charter by not fpcaking of it before ; for nore there had
Power to allow it or difallow it ; And if he had voted againlt the granting the Tenths, yet a Grant by
the
Statutes. 501
the major Part would have been fijfficient * whether he would or no. Br Parliament) pi S8. cttej?
S. C and 20 H. 6. 12. * The larger Edition in Folio of Brooke, is ^Eacoiuer fon ooveraigne)
which is mirprinted for (Enconter fon Soien) and lb are the other Editions.
2. Strangers fhall not be hound to take Notice of a particular Aft of Par-
liament, as they lhall of a general Act. Br. Double Plea, pi. 74. cites
37 H. 6. 15.
3. Confirmation by Aft of Parliament cannot alter a Condition, or make ah
ill Writ good, viz.. of a thing which is not comprised within the Grant ; But
contra of a Thing contained in the Grant, viz. the King grants a Manor
Habendum with the Advowfon &c. but tf he grants my Land, and this
is confirm' d ly Aft of Parliament, this is good ; Note the Diveriity. Br.
Parliament, pi. 71. cites 38 H. 6. 37 & 38.
4. Where a Man has Title to Land by a Tail, and after the fame Land So where thi
is given to him ly Parliament, his Heir /hall not le remitted ; lor by the Khl S has
Act of Parliament all other Titles are excluded for ever ; for it is a q ffjf |j'
Judgment of the Parliament, that this Gift only mall Hand ; Per Engle- Land Ts
held J. Br. Parliament, pi. 73. cites 29 H. 8. Button v. Savage. given to him
by Parlia-
ment in Fee, the Tr.il is determined ; fo that the Heir fhall not avoid Leafes or Charge made by his
Father &c. for the laft Statute binds all former Titles and Eftates not excepted. Ibid.
5. An Aft of Parliament between Particular Perfons fhall not bind *Godb. 1-0.
Strangers. And therefore it was adjudg'd in the Cafe of the Prior ofP l2 \ 6 - SG
Caltle-acre and the Dean of St. Stephen's, (as appears by the Record Cafe 'of 1 ' 12
thereof 21 H. 7. 1. upon the Statute 2 [1] H. 5. cap. 7. which gave the Chalk v Pe-
Lands of Priors Aliens to the Kins;,) that this would not extinguilh an ter, alias sir
Annuity of the * JprfOC Of CaSfeatrC, which he had out of a Reaory ^ch Bar-
Parcel of a Priory Alien, notwithstanding there was no faving in the Cafe^ - .
Act. And Mich. 25 & 26 F.liz,. in t 'BufulCU's Cafe in the Court of f 2 And 190.
Wards, it was refblv'dj That when an Act makes any Conveyance pi. 8. S.C,
irporation
rington's Cafe. of Bridg-
water, and
fays, That it never was feen that a Statute or other Thing available to One Refpedt, fhall be taken op
expounded to make a Thing good to All Refpects.
(E) Illicit Perfom fhall be boimd by a Statute not being
named. Infants.
n A 55 Infant fljailbe bounti &?tfje statute of 20 e. 3 . . . . of Re-
Jf\ ceipts, to put in Security according to the Statute for the Va-
lue, fcecattfetlie Security $ a Latere, anotlje aBorw of tfjc Statute
are general (if any). 33 H. 6. 6. adjudged.
2. A Statute which gives Corporal Punipment, fhall not bind an Infant.
Contra of other Statutes, if they do not except Infants. Br. Coverture,
pi. 68. cites Doct. & Stud. lib. 2. fol. 113.
3. An Infant is not taken within the Statute ofWeftm. 2. cap. 25. That
Failer of Record in A fife pall make a Difeifor ; lor the Statute lhall have
reafonable Construction. Br. Parliament, pi. 41. cites 4 H. 7 10.
6 M (E. a) P/7-
$02
Statutes.
* s:c ce. 3) (E. i) Private Statutes, Ns&i, and * Pkadhigs.
'■A
M A N was rejlord by Parliament to Land forfeited, and had Writ
to the Efcheator to put him in Poffejjion, and he return d DiJittrVd
I y . >.'. who came and faid that he had no Notice of the Rejiitution by Parlia-
ment Sic. And per Jufticiarios, He is excufed till Notice, by which If-
fufi was taken that they occupied alter Notice ; Quod vide, that Notice
is requisite upon an Act of Parliament; the Reafon feems to be inafmuch
as it is a Particular Matter ; lor it feems of a General Aft all are bound
to take Notice. Br. Parliament, pi. 35. cites 43 Ail 29.
2. It was faid that a Private Ait of Parliament pall not conclude Men as
aGcncr.d Acl pall do, nor Strangers to it are not fo bound to take there-
of Notice as Privies are, quod nota. Br. Parliament, pi. 27. cites 37
H. 6. 15.
Writ founded 3. A particular Aft was made, e that the Chancellor calling to him one
upon a P.-rti- J0j ce ma y award Subpoena between A. and B. and make an End of the Mat-
'•wient ter - There, by all the Jultices except Littleton, theyfliall not awafd Sub-
to to com- poena general, but Special Subpoena making mention of the Ail ; For he
prtbendCer- ]],all purfue the Aft Jlriclly, and a Common Aft for Common Profit fiiafl,
"\ be conltrued largely; ^jtare if the Jujlicepallbe named in the Subpoena,
otheivuic u q if the Suffice dies, if the Chancellor may call to him another Tuf-
ls not eooa. ""J. J .1 J .. t> ti i • l • • t- J
Br. Parlia- tice; Et non adjudicatur. Br. Parliament, pi. 61. cites 14 E. 4 2.
ment, pi. 66. m
cites 22 E. 4. 4"- Br. Brief, pi. 399. cites S. C. 3 Le. 133. Arg. cites S. C.
S. P. & cf 4. Where in A ft ion, Voucher or Aid Prayer is againjl the Jdtteen, (he is
any ether Per- a j-j £ p cr j' 0ii by Statute tn fome Cafes ; and in thele Cafes it ought to be plead-
"^m lcakd S ea "i a,hl A civn ccyta!H '> becaufe it is a private Statute; Per Brian Ch. J.
voucii'd or and others; Quod non Negatur. Br. Pleadings, pi. 71. cites 3 H.
prayed in 7. 14.
Aid. Br. Par-
liament, pi. 38. cites S.G.
5. When a private Aft is pleaded, it is not good to fay Inter alia in-
atlitaf ejl ckc. but if it concerns leveral diftinft Matters, to recite all
that concerns the Materia SabjecJa, and to aver that is is all that concerns
this Matter. Freem. Rep. 75. pi. 92. Trin. 1673. Ld. Byron's Cafe.
6. Every Man is fo far Party to a Private Aft of Parliament, as not to
gain/ay it, but not fo as to give up his Inter eft. It is the great Quertion in
Barington's Cafe 8 Rep. The Matter of the Aft there direfts it to be
between the Yorejlers and the Proprietors of the Soil; and therefore it lhall
-,!' t extend to the Commoners to take away their Common : Suppole an Aft fays,
Whereas there is a Cont rover fy between A. and B. It is enailcd that A. pall
enjoy it. This does not bind others, tho' there be no faving; becaufe it
was only intended to end the Diiference between them two ; Per Hale
Ch. J. Vent. 176. in Cafe of Lucy v. Levington.
If a Private 7- When a Private Scatute is mifpleaded, and the Plaintiff demurs there-
Statute be upon, but does not pew the Mifpleading for Caufe ; it was doubted whether
*** the Courts may either by the printed Book of Statutes, or by the Record, or
mufttakeit otherwife, take Notice that the Statute is otherwife than the Party has
to be as it is pleaded it. Sid. 356. pi. 7. Hill. 19 & 20 Car. 2. B. R. Hoi'by v.
J)leaded, un- Bray.
efsthePlain-
tiff denies it, as he might by pleading Nut tiel Record, or by slleging that it is further enacted Sec. and
t..cr., if it is Material, lie lhall tike Advantage. Ld. Raym, Rep. 3S2. Mich. 10 W. 3. Piatt v. Hill.
8. Privat e
Statutes. 503
8. Private Acts, which go to one particular Thing, are to be inter- $ Le 133.
preted literally. 2 Mod. 57. in Cafe of Threadneedle v. Lynam. Al 'g in Cafe
t J •> 1 J of vVroth
v. the Counters of SulTex.
9. Private Acts of Parliament may be put in IJfite, and tried by the Re-
cord upon Nultiel Record pleaded, unlefs they are produced exemplified, as
was done in the l$iMCe'0 Cafe, W my Lord Coke's 8 Rep.— and there-
fore the Averment of Nul tiel Record was refilled in that Cafe. Hale'"
Hilt, of the Law. 16.
as
3
(E. 3) Pleadings in Actions on Statutes in General. s ee (E. ?)of
Mifreciuls.
1 :
N Trefpas, the PlaintiiT declared for Diftrefs in one County, and car-
rying it into another County, which is prohibited by the Statute, and
did not make mention of the Statute in his Writ or Count, and Exception
taken ; Et non Allocatur ; The Reafon feems to be, in as much as it is a
General Statute which prohibits that None fliall do it; contra of particu-
lar Statutes, as appears in the Time of H. 7. Br. Parliament, pi. 32.
cites 30 All! 38.
2. An A3 of Parliament of Refutation of the Heir after Attainder of
Treafon was, that the Heir may enter, except where the King was bound
to recempence, and he brought Scire Facias upon the A£l to repeal Let-
ters Patents made by the King to J. N. in Fee, to Ihew wherefore the
Land ftould not be refum'd and delivered to the Plaintiff, and this Word
(Refunfd) was not in the Ail ; and yet the belt Opinion was, That this
Surplufage in a Judicial Writ is no Default. Br. Nugation, pi. 8. cite3
7 H -4-
3. In A£tion upon the Statute of Labourers, Pafton would have counted
and'rehearfed the Statute in his Count ; but Prelton faid, He need not re-
bcarfe the Statute. By which he counted without reheariing it, quod No-
ta ; the Reafon feems to be in as much as it is a General Statute. Br. Par-
liament, pi. IS- cites 5 H. 5. 11. > _ .•
4. Where Form of a Writ is given by the Statute, ana a Man ta^es Colu-
mn Writ, he mail not have Damages, but according to the Common
Law, et e contra, if he takes the Form of Action given by the Statute :
But where no new Form is green by the Statutc,there he fliall recover upon
the Statute by Writ of Common Form ; Note the Difference by the belt
Opinion. Br. Action furle Statute, pi. 6. cites 9 H. 6. 2.
5 Where it is enatled, 'that J. S. pall anfwer of all Riots and
tfrejpajfes done to W. N. by Bill in B. R. and Writ ijftted to anfwer to
certain Riots and trefpafes according to the All &c. and did not ex-
prefs certainly what Riots and Trcjpafes, and per Judicium, the De-
fendant was therefore difmiiiedj For tti the Aft be General, yet the
Writ -/ball be Special i but the Courfe in B. R. is to award Capias ad re-
fpondendum to certain Trelpaffes or Felonies, and well. But contra it
fcall be upon a Special Act of Parliament. Br. Puiliament, pi. 74.
cites 24 E. 4. 47. . . c t ■ ■
6 Information was brought in the Exchequer for giving ol Liveries,
and did not declare upon what Statute of Liveries, and .Exception was taken,
Et non Allocatur; in as much as it was for the King, and the Left pall be
taken for him, fcilicet, lhat which gives the greattfi Punpment, as it
feems. Br. Aftion fur le Statute, pi. 47. cites 5 H. 7. 17.
•7. And
504 Statutes.
Urt r'T \ n as niuch a ? "° Aai0>1 of NV aft »« *> '*« Gw»»o« Z
£,y f) thcSn- Ie Statute, pi. 47. cues 5 H. 7. 17.
tute thai] be
rehear ed, becaufe there was no otlicr A&ion or Prohibition at Common Law Br. Parliament „l - r
cttesS. C per Mordant. """•«■•/}•
Parliament •!" */" T'i?* ?m™ in Chiv ' al T> and S*™* « Dw*r, it is other-
y\. - v cites' T ' tor ?* nhls Pnbihtim was at the Common Law. Br. Action fur le
s C. r cr otatate, pi. 47. cues 5 11. 7. 17.
Mordant.
I fa AffiL, t B J" j n Aaion of V'to againfi MminifimUrs by Statute he fhall not
by Executors reheurle the Scatute - £r - A6tion fur le Statute, pi. 47. cites S H 7 r 7
£ • ? Br. ffc^^^c?" ^^ ° f TrCfpafS ^ " C ~ Law K- in other Ca-
MMrf' f ° I0 - ^^'^Jormdon in Defender, which is only by Statute the Sti
ass hc &?:;: ^ ^ od ei deWat ' Br - Aaion fur ie **4 ;i. £
mention it
Sn? P T°"5. ft *'; K e 5f/ D A ? ° f 5«i«n«W is, That Grants made to Cities and
cites Vi £ 4. Boroughs JbaJIJe good Secundum coram Coutenta, there, if the Grant be not
55, 56 S.C. good, the Ad 01 Parliament does not make i't good For it is Secundum
eorum Contenta. Br. Parliament, pi. 64. citesli E .^6 c^
laLSnt, it 12 c A tr fi> a p U ^ Advant^oA Gtad^ w£hS pleading
*V" ° tes «6 « Particular Aft. Br. Parliament, pi. 64. cites 21 E |
A Statute is
pi.5: li ™ M }* ™d? which fwrfow a « Men which were rort/it
*Z£ £ £■ , "fiS Sta T he -«? *>*■ n «< "«£«»
w.r*,r o, 3 But it the Statute be general, there is no need for rhi»
Party to a lege ,t, mafmuch as all Men are bound t" have CWance
thereof. And alio when a fen* is made for the Benefit of ne Man X hi
Will not uie the Advantage thereof by mewing it, it i at h s Pe til • As
il the king will pardon a Man by his Charter, he Ml not 1 have Be
• "^hereof unlefs he will himfelf See D. 27 'b 28 a dT 1 So Hill"
gft 8. in the Cafe of the Abbot of WdbuSta v* the fccutorf of
StedS ciredtJte mS^f^P ? 8 ' "V made 'W* AM*ww» was re-
found guilty r Kea to oe macle at a Parliament begun 28 April a 2 H 8 wh P «. a « ,v
of a i/*- 7 began on 28 Apn 3 , H. 8. and was cominu'd by P Proro4ionstiH , "h 8
ST-T ^-dffreci"^ f^ VV " ™ d /£ that no Parliament SSEffL^jSi
Wm >f c 7 o a 84 a" Hiif e
which he ri -^79a. 84. a. Hill. 6& 7 E.6. Partridge v. Strange and Croker
fions ^PaSrS^ "nS^-I" SlS T ° f ? e L ""^ ^' which was e - aed « ■ **
dictment thc Aft was not weU fet tor ^^o/^T W^'^V D Ex «P tIotl W3S ^ken, That in the In-
June, the Time mentioned in el, d etm enr ,nH " ? " tS of P ari,am f« were returnable //. ,4,4 s /
.' f///0&for, the Selno d id no ~' ^ • \f\ *™ A ™Z to the printed Book, yet being p.
n Mod.i 13 . Paich. «J A^ 6 'r. Ibt^t.^^^™*™^ W***r" 1*A
J.J. "Where
Statutes. 5° 5
15. Where one Aft prohibits a Thing and another inflifts a Penalty for Ow. 135.
doing it, both the Acts mult be recited 3 For they are both as one Aft ; ^ v Warbur
Per Saunders Ch. B. PL C. 206. in the Cafe of Stradling v. Morgan. tOT j but
fays, That
where the Statute is only revived without any Addition to it, there Contra Formam Statuti is enough.
16. If there be an A£t of Parliament, in which are diverfe Branches,* Inplead-
a Man may mention one only if it ferves his * Purpofe ; Eut Per Harper J. ^p",.^
IF there be in the A& a Provifo or Exception, or other Matter ; becaule ment 'i t i s
fuch Provifo or Exception &c. is Parcel of every Branch, fo that never ul'ed
the Branch is not perfeft Law without it, fuch f Provifo &c. ought to allege _
to be pleaded by the Party. PI. C. 410. b. in the Cafe of Nevvys & Znft™
Schokftica v. Larke. ;..., p lir p fe,
and he need
not plead the whole Act D. 105. b pi. 7. Mich. 1 & 2 Ph. & M. Fulmerlton v. Steward. S.P.
" lo
Part of a Statute may be publick and Part private, As the Statute of Weft. 2. Per Bridgman Ch. J.
And for the firft cites PI. C. 65. Dive v. Maningham ; and for the laft cites Hob. 227. Ncedler's Cafe;
and that the Statute of Recufancy is general, but that Part of it which concerns Universities prefenting
to the Livings of Recufants is private, and muft be pleaded he cited 10 Rep. Chancellor ot Oxford's
Gaffe See Sid. 24 in the Cafe of Allen v. Robinfon.
+ S P. Br. Pleadings, pi 164. cites 10 H. ;. 19, 15. tho' the Provifo arifes to his Disadvantage. .
\nd it was faid by Treb / Ch. J That where an Exception is incorporated in the Body of the Qaufe, he who
pleads the Claufe ought alfo to plead the Exception ; but when there is a Claufe for the Benefit of the
Pleader and afterwards follows a Provifo which is againft him, he fhall plead the Claufe, and leave it to
the Adverfary to fhew the Provifo. Ld. Raym. Rep. 120. Mich. S VV. 3. Jones v. Axen.
17. Where a Man will take Benefit of an Aft of Pardon, he mtift aver, This Dteer-
That he is not a Perfon excepted ; but where he claims no Benefit by itJ^bZhe^
but only to keep that which he had belore the Act, in iuch Caie he need r { ck> That
not make fuch Averment 3 Per Harper and Dyer accordingly. PI. C. he that will
488. in Nicholl's Cafe. ' -f™«-
*r taffe of an Ait-'
of Parliament with an Exception mutt: fhew himfelf out of the Exception, viz. If the Exceptions be of
Pe-fr.s the Rule holds ; becaufe the Court, upon reading of the Statute, cannot know whether he be
the Perfon excepted or not; and therefore the Party, who knows himfelf beft in that Cafe, mult fliew
himfelf out of the Exception ; and it is an Advantage given by the Statute to fuch as are not difabled
to take it by the Exception : But if the Exception be of Offences, of which the Court may be informed
bv reading the Statute', he that pleads the Statute need not lay, That it is an Offence not excepted ;
And for this he cited Noy 99. M0.619. 12 Mod. 612. Hill. 13 W 3. B.R. in the Cafe of Ingram
V ' Holt Ch. J. faid, He was not fatisfied with the Cafes, where it is held, That a Man pleading an A6:
of Pardon ou^ht to aver, That he is not within the Exceptions ; but the faid Matter ought to be replied
by the Plaintiff or the Attorney-General, as the Cafe happens to be. And it is fo in all Cafes of Private
Afts of Pardon whatsoever; and the Cafes to the contrary are not founded upon folid Reafon. Ld.
Raym. Rep. 709. Hill. 13 W. 3. B. R. in the Cafe of Ingram v. Foote.
18. In an Aftion upon a Statute which prohibits a Thing upon which
a Penalty is demanded, the Ilfue may be Non Gulp, or Non Debet; and fo
it has been oftentimes refolved in this Court. Cro. E. 766. Trin. 42
Eliz. Wordy v. Herpingham.
19. Statute of Limitations being pleaded to be made 24 yac. was held to
be naught 3 but in another Cafe, it being pleaded to be made in the 21//
Tear of the Reign of King James over England, Scotland &c. was held
good enough: They would not take Notice what V ear of his Reign over
Scotland^ it was, it being right for England. But it was agreed, That
tho' this is an Aft that the judges fhall take Notice ol, being general,
yet if the Party takes upon hinTto plead it ipecially, and miitakes, it
is fatal to him. Freem. Rep. 311. pi. 380. in Cane. Anon.
-o The fureft Way of pleading an Aft of Parliament is to ^w, The Courts
that the Parliament vas held fuch a Tear of the King, without taking \{yffX"\l
6 N Notice " °
Statutes.
506
take Notice Notice of the Commencement , which is good Pleading ; Per Levins Ser-
of the Be- : eant j^ R a ym. Rep. 210. Pafch. 9 W. 3. in the Cafe of Birc qui
SfpK tam&c. v. Rothwell.
Cur. Ld Raym. Rep ^45. Pafch. 10 W. 5. S. C. S. P. Lev. 206. Mich. 22 Car. 2. B. R. in the
Cafe of the King v. Wild.
21. Where in pleading an Act of Parliament it is (aid. That the Par-
liament continued ufque ad fitch a Day, the Words (tifque ad) in fuch Ca-
fes of Ads of Parliament always include the Day to which the Ufque ad
is applied ; but in all other Cafes the Ufque ad is exclulive of the Day.
But in Cales of A£ts of Parliament it is ufually faid, That the Parlia-
ment was held ufque ad fuch a Day, quo Die it was prorogued. Arg.
to which the Court agreed. And Treby Ch. J. laid, That the Word
Prorogation was not tound upon the Roils till the Time of E. 4. Ld.
Raym. Rep. 210. Pafch. 9 \V . 3. Birt Qui tarn &c. v. Rothwell.
If a Publick 22. Where an JcJion is brought upon a Statute , as the Statute of H. 8.
Act he mif- (" Kon-relidence, which was no Offence at Common Law, and he mifre-
recited in a(cs f ^ g Statute, lo as there is no fuch Statute as he has declared upon,
if the Plea and he concludes Contra Formam Statuti, it is ill j For tho' the Statute be a
be tied up to General Statute, yet the Plaintiff has confined himfelf to that Statute,
the Statute U p on which he declared by thefe Words, Contra Formam Statuti. Ld.
Deferdam Raym. Rep. 343. Palch. 10 W. 3. Birt Qui tarn v. Rothwell.
by Vigore Statuti prxdicti, or Contra Formam Statuti prxdifti, this Mifrecital will be fatal ; But if the
Conclufion be Contra Formam Statuti generally, the Judges will take Judicial Notice of it as much as
if it had been fhewn in the Plea. And the fame Law of any other Variance. Per Holt Ch. J. Ld.
Ra\m. Rep. 3S2. Mich. 10 VV. 3. in the Cafe of Piatt v. Hill.
If an A&ion 23. When a Seffion of Parliament is held after a Prorogation, then they
be brought f a „ That it was held by Prorogation fuch a Day ; but they never lay
ot P Pdi a Ha- Aa held the Day of the Adjournment, but fuch a Day of the Selfions, with-
mert and it out taking notice of the Adjournment, which is a continued Act Ld.
befet forth Raym. Rep. 343. Ealter 10 W. 3. in the Cafe of Birt qui tarn &c. v.
Bo have been R ot hwell.
held by Pro-
rogation when it was by Jrljeun:nie>it, it will be fatal ; and before the Time of H. 6. Afhof Parliament
were by Way of Petition and Anfwer. Per Holt Ch. J. 12 Mod. 602. Mich 1 9 W. 3. B. R. Anon.
When a Statute is made at a Sellion of Parliament held by Prorogation, the molt brief and fure Way
isto plead Quod ad SefSonem Parliamenti tent.' fuch a Day and Year at fuch a Place. Lutw. 140 in a
Note there, cites Cro. J. ill. Ford v. Hunter. Cro. J. m. pi. 9. Hill 13 Jac. B. R. The Cafe
was The Plaintiff fuppofed the Statute to be made Ad Parliamentum tentum S Elu. whereas it beg.:n
5 Eli-/., andlo it ought to have been Ad Seflionem Parliamenti tent', in Anno Svo. liliz.and therefore after
Demurrer it was ruled to be ill.
24. There is not that Stri£tnefs required in pleading an Act of Parlia-
ment upon a collateral Matter, as when it is direftiy pleaded againit the
King. 12 Mod. 613. Hill. 13 W. 3. B. R. in Cale of Ingram v. Foot.
2j.Tenant for Years cannot affign over his Tern without Writing ; but
the Alfignmcnt may be pleaded without faying it was by Deed. Ii'aThing
might have been dune at Common Law without Writing, and an Act of
Parliament comes and fays it lhall not be good without Writing, that
ihall not alter the Manner of Pleading, but the Pleading lhall continue aa
belbre, and its being in Writing lhall come in Evidence: Bat if a 'Thing
be made good originally by AS of Parliament, there you mult plead all the
Circumltances ol the i\Sc, as upon the Statute of 32 H. 8. of Wills, you
multiet out that the Will was in Writing, and lb plead it ; Per Cur.
12 Mod. 540. Trin. 13 W. 3. B. R. Birch v. Bellamy.
26. When a Statute gives a Plea, it tnuft be pleaded in the Words of the
Statute; Per Holt Ch. J. 11 Mod. 207. Hill. 7 Ann. B. R. Hull v.
Holliday.
(E. 4) Pro
Statutes. 507
(E. 4) Procefs in A&ions on Statutes.
1. TN Actions given by Statute, a Man fliall not have other Procefs
X than is limited in the Statute ; but if it comes in by Prefentment or
by bidifl 'merit , Procefs of Outlawry lies ; But where Writ which was ac
the Common Law before is given in a new Cafe, As Debt againft Execu-
tors, or Trefpafs for Executors of Goods carried away in tne Lile of the
Teltator, fuch Procefs ihall be made as it was in thofe Actions before at
the Common Law; Per Babb. Br. Procefs, pi. 57. cites 8 H. 6. 9.
(E. 5) Mifrecital.
See (E.j)
i. TF the King by All of Parliament recites an All where there is no fuch
J[ Alt, and confirms the fame Eft ate of the Party contained in the AcJ 9
this is a Conclulion to all to fay, that the Tenant had nothing in the
Land at the Time ot the making of the Act, or at the Time of the Con-
firmation; Per Hurley. Quisre. Br. Parliament, pi. 78. cites 9 H.7. 2.
2. If a Man in an Action or Pleading alleges a Statute, and mifre- * See pi. s,
cites it in Matter or in Tear, * Day or f Place, the other may demur gene- — t Ir ,1as
rally; lor there is no fuch Statute, and then there is no fuch Law; tor been '} olde:1
every one who meddles with it ought to ihew the Law truly; But in jjf^ ff to
Cafe of the King it may be amended, and this in another Term. Contra whatCounty
for a common Perlon. Br. Parliament, pi. 87. cites \ 23 H. 8. the Parlia-
ment was
holden, but that the Omiffion of the Day is no Fault. 2 Hawk. PI. C. Abr. 227. S. 65.
£ S. C. cited Arg. 2 Bulft. 49. in Cafe of Crefwick v. Rooksby.
3. If one recites a Statute made fuch a Day where no Statute was made at s - c and p -
that Day, he has tailed ; lor he does not refer the Statute to the Know- Clted P^ b '
ledge of the Judges, as he had done if he had faid Contra formam Sta- ^'eHz "
tuti in fuch Cafe made and provided, in which Cafe had he fo faid, the C. B. in Cafe
Law would refer the Thing to fuch Statute as had been apt for it, but of Widal v.
he has recited one Act, and he does not intend any other ; and if there ^^ ton :~ ~
be no fuch, then he has grounded his Action upon that which is not, and £ e isjj^in*
fo the Recital of the Day, which is Surplufage, makes the Matter vi- Famam's
tious, if it be mifrecited. Arg. PI. C. 79. b. and Ibid. 84. b. S. P. ac- Cafe.