For, whenever it happens, that the Tenant, if present in Court, cannot
allege any cause why such Assise ought not to proceed, the Recognition
ought by right to proceed, without awaiting the appearance of the
adverse party. But, if the Tenant were present, he could not, as we
observed, allege that the Minor had done any thing on account of
which the Assise should cease; and, therefore, the Recognition shall
unquestionably proceed, whether the Tenant, being of full age, appear
or not, according to the form before mentioned; and thus, restitution
having been made to the Minor through the Recognition, the full age of
the Minor shall be awaited, if it be intended to sue him concerning the
Right. But when one Minor sues another, the Recognition shall proceed
in the same manner, and without any variation, as it usually does
between a Minor and one of full age.
CHAP. XIII.
But, when a person of full age proceeds against a Minor, the latter,
indeed, may avail himself of an Essoin against his Adversary, in
the usual manner. When he appears, he may pray a delay, on account
of his Age, and that the Recognition may not be taken, until he is
of full age; and, thus, on account of Age, the Recognition of _Mort
d’Auncestor_ usually stands over. But here we should observe, upon
the necessity which exists, in order that such Assise should stand
over on account of his age, that the Minor should allege himself to
be in Seisin of the Tenement in question, and, therefore, that the
Recognition ought not to proceed, before he has attained his full age:
nor should he omit, that his Father or some other Ancestor was seised
on the day of his death; since, neither a Recognition against a Minor,
nor even a suit concerning the propriety, shall cease, by reason of the
Seisin of a Tenement which any Minor has himself acquired and retains
only by his own right. But, if it be replied to a Minor, that his
Ancestor died seised of the Tenement, the Seisin of which is sought by
the Recognition, not as of Fee, but as of Ward, then, indeed, although
the principal Recognition ought to cease, on account of the Minor’s
age, yet another Recognition shall proceed upon the point, whether the
Minor’s Ancestor was seised as of Fee or of Ward, on the day of his
death; and the Assise shall be summoned, by the following Writ.
CHAP. XIV.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account