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 ...

For not doing of a thing which ought to be done by the Law, to the damage of another touching Suits in Law.

1. It lies against an Attorney that is retained,* 1.1 and makes default; Lib. Intra. 2. A. sect. 1: Regist. orig. 113. A. if his Client be prejudiced by it.

* 1.2Against a Clerk of Assize that takes a Fee, and enters not the Jury, 34 Hen. 6.4. for thereby the Cause is delayed by his nonfeasance.

* 1.3Against a Feoffee to use, which doth not plead according to the directions of the Feoffor, 14. Hen. 8.24, B. pl. 2. Q. for the pleading is for his ad∣vantage or disadvantage.

* 1.4Against a Lord of a Mannor that will not hold his Court, 11 Edw. 2. Action upon the Case 46. for the Tenants of the Mannor are thereby pre∣judiced, and the Lord is as well bound to hold his Courts duly, as the Tenants are to do their services.

1. Against a Sheriff that will not execute Pro∣cess,* 1.5 14 Hen. 7.23. the party being shewed to him, 8 Edw. 4.14.17. for Justice is thereby delayed.

2. For the Plaintiff against a Sheriff that will not return his Writ, 2 Hen. 6.5. 8 Edw. 4.14.7. for he is thereby hindred in his Suit.

3. Against a Sheriff that will not return an Out∣lawry, 42 Assize 12. for though it properly con∣cerns the King, yet the party may receive prejudice by not returning it.

4. For delivering a distress upon a second de∣liverance, and not returning the Writ, 2 Edw. 3.43. for thereby the further proceedings of the Avowant are hindred.

Notes

• * 1.1

  Attorney.
• * 1.2

  Clerk of Assize.
• * 1.3

  Feoffee to use.
• * 1.4

  To hold Court.
• * 1.5

  Sheriff.