Stat. Westm. sec. - Real Actions Act 1285
| Jurisdiction | UK Non-devolved |
| Citation | 1285 c. 25 |
(13 Edw. 1) C A P. XXV.
‘FOrasmuch as there is no Writ in the Chancery whereby Plaintiffs can have so speedy Remedy, as by a Writ ofNovel disseisin ;’ (2)'our Lord the King, willing that Justicemay be speedily ministred and that Delays in Pleas may be taken away or abridged, granteth that a Writ ofNovel disseisin shall hold Place in more Cases than it hath done heretofore; (3) and granteth that for Estovers of Wood, Profit to be taken in Woods by gathering of Nuts, Acorns, and other Fruits, for a Corody, for Delivery of Corn and other Victuals and Necessaries to be received yearly (in a Place certain) Toll, Tronage, Passage, Pontage, *Pawnage , and such like, to be taken in Places certain, keeping of Parks, Woods, Forests, Chases, Warrens, Gates, and other Bailiwicks, and Offices in Fee, from henceforth an Assise of Novel disseisin shall lie. (4)And in all Cases afore rehearsed, according to the customed Manner, the Writ shall beDe libero tenemento ; (5)and as before times it hath lien and holden Place in Common of Pasture, so shall it from henceforth hold Place in Common of Turf-land, Fishing, and such like Commons, which any Man hath appendant to Freehold, or without Freehold by special Deed, at the least for Term of Life. (6)In case also when any holding for Term of Years, or in Ward, alieneth the same in Fee, and by such Alienation the Freehold is transferred to the Feossee, the Remedy shall be by a Writ ofNovel disseisin , and as well the Feoffor as the Feossee shall be had for Disseisors, so that during the Life of any of them the said Writ shall hold Place; (7) and if by the Death of the Parties Remedy happen to fail by that Writ, then Remedy shall be obtained by a Writ of Entry. (8) And albeit that above Mention is made of some Cases wherein a Writ of Novel disseisin held no Place before, let no Man think therefore that this Writ lieth not now where it hath lien before. (9)And though some have doubted whether a Remedy be had by this Writ in case where one feedeth in the Several of another, let it be had for certain, that a good and a sure Remedy is given in that Case by the said Writ. (10) And let them which be named Disseisors beware from henceforth that they alledge not false Exceptions, whereby the taking of the Assise may be deterred, saying, that another Time an...
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