The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

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Title
The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...
Author
Glisson, William.
Publication
London :: Printed by the assigns of Rich, and Edw. Atkins for Hen. Brome and Tho. Basset ...,
1679.
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Subject terms
Actions and defenses -- England.
Civil procedure -- England.
Writs -- England.
Appellate procedure -- England.
Cite this Item
"The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A42852.0001.001. University of Michigan Library Digital Collections. Accessed May 1, 2024.

Pages

Against whom an Account lieth as Baily, 1. of a Court or Hundred. 2. of a Mannor &c.

[unspec 1] A.having a Bailywick makes B. his Under-Baily to gather the Amercements, he shall have an Account against him, 3 Edw. 3.54. pl. 24.

If one enter into my land to my use, and take the profits, I shall have an Account against him as Baily in Law, Nat. br. 117. A.

An Infant purchases Lands, his parents occupy this, he shall have Account against them as Bai∣lies in Law, Nat. br. 117. b.

Page 13

Non jacet versus Executores, quia mere pertinet ad curam Christianam cognoscere de Computo red∣dendo, versus Executores, Regist. origin. 135. b. Nat. br. ••••7. C. Littleton, 48 Edw. 3.2. 4 Edw. 4.25.

But if an Executor will account, though not compellable, debt lieth for the Arrearages due upon the Account, 2 Hen. 4.13. P. 2.

And if a Baily be found in Arrearages be∣fore Auditors, his Executors shall be charged, if they have Assets, 11 Hen. 4.84. & fol. 19. pl. 48.

It lieth not against a Deputy-Baily, Nat. br. 119. B. 4 Edw. 3.100. pl. 8. because the Head-Baily is chargeable.

It lieth not against an Infant, 118. D. Nat. br. be∣cause he hath not discretion to Account, 21 Edw. 3.8. pl. 21. Regist. origin. 135. A. Also he cannot wage his Law, 26 Edw. 3.63. b. for he cannot take an Oath.

It lies against a Woman, Nat. br. 118. D. 19 Hen. 6 4 pl. 10.

Two Joynt-tenants of wood, one sells all and takes the money, the other shall not have an Account against him, Doct. & Stud. 32. b.

It lies not against a Surveyor or Controller, Nat. br. 119. C.

The King shall have an Account against any person that takes the profits, though he claim them to his own use per Prerogativam, Coke part 11.90. Devoushers Case. 35 Hen. 6.27. b. Nottingh. 8 Eliz Dyer 249. pl. 83.

The King shall have an Account against an Executor, Littleton, Coke 11. part 89. B. Devoushers Case, per Prerogativum.

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