But, in such a case, can his Adversary or his Heirs on any future
occasion be again heard? He may at least with respect to the Propriety
of that Tenement, as against the Minor, when he has attained his full
age, or against his Heirs. In addition, the Assise should proceed
against a Minor in that one case only, which we observed, in treating
concerning Heirs within age.[463] Upon the Assise proceeding against a
Minor, if the Seisin should be awarded to continue with him, he shall
not answer concerning the Right, until he has attained his full age.
For, it is a general principle, that a Minor is not obliged to answer
to any suit by which he may possibly be deprived of his Inheritance,
or by which he can lose life or member, until he attain his full age.
Yet, in certain other cases, he is bound, as, for example, respecting
his paternal Debts, or his own, and in case of a Novel Disseisin.
Should, however, the Seisin be adjudged against the Minor, in favor
of the Demandant, restitution shall be made to him in the form before
mentioned, nor shall he answer to the Minor upon the question of Right,
until such Minor has attained his full age, as the latter would not be
bound to answer the Demandant. The reason is of general force: because,
such transactions, as take place with Minors, in Pleas of this
description, ought not to be held firm and unalterable.
[Footnote 463: Vide L. 7. c. 9. &c.]
But if, on a Minor alleging himself intitled to the privilege of his
age, it should in Court be objected, that he is of full age, this is
usually ascertained by a Recognition of eight free and lawful Men, who
are to be summoned for such purpose, by the following Writ——
CHAP. XVI.
“The King to the Sheriff, Health. Summon, by good Summoners, eight[464]
free and lawful Men of the Neighbourhood of such a Vill, where the
Tenement in question is, that they be before me or my Justices, on such
a day, prepared on their oaths to return, whether _N._, who claims one
Hyde of Land in that Vill by my Writ against _R._, be of such age, that
he can and ought to sue; and, in the mean time, let them view that
Land, and cause their Names to be imbreviated; and Summon, by good
Summoners, him who holds the Land, that he be then there to hear that
Recognition. And have, &c.”
[Footnote 464: Vide F.N.B. 569. where twelve Jurors are mentioned.]
CHAP. XVII.
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