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Action.

34 Sect,

1.

Old Forms of Action.

Actions as to interests in land.

against anyone still more removed from the disseisor, entry " in the Actions of entry in the post were given by the Statute of Marlborough (g). If the demandant himself had been disseised it was entry sur disseisin. The action of entry in the nature of an assize (h), also called entry in de quibus, was founded on a disseisin done to the demandant himself. It could be brought in the per, in the per and cui, and in the post. if

post.''

49. Actions as to interests in land " were to recover incorporeal hereditaments and profits d prendre. The only one which survived the Real Property Limitation Act, 1833 (i), was the action of quare impedit {k) This was the remedy when a usurper had wrongfully presented a clerk to a benefice of which the demandant was the patron. The action of nuisance was either an assize, or an action in the King's Bench (l), or in the sheriff's Court (m), according to the subject of the action. It was superseded by the personal action on.

Nuisance.

Waste.

the case for nuisance. The action of waste (n) originally only lay against a guardian in chivalry, a tenant in dower, and probably a tenant by the curtesy but by the Statute of Gloucester (o) it was extended to all tenants for life. It was superseded by the action on the case for waste.

Sub-Sect. Development mixed

of

actions.

Ejectment.

50. Most

Mixed

2.

Actions.

the actions in this category were originally real actions of damages had been appended, as The action of ejectment, howin the case of the action of waste. ever, underwent the opposite process, being originally a personal action for trespass, which developed into a mixed action. to

of

which by statute the incident

51. In early times there were two forms of action by which a lessee for years who was ousted from his possession might have a remed}^, viz., quare ejecit infra terminwn (p), which was a real action,

and which came chasers from the

to

be regarded as applicable only against purand ejectione firmce, which was a personal

lessor



action of the nature of trespass, and which was applicable to all cases where the termor was dispossessed. In the latter damages only could at one time be recovered {q), but by the time of Henry YII. 52 Hen. 3, c. 29. Nat. Brev. 191 Eoscoe, 61. (?•) 3 & 4 Will. 4, c. 27, s. 36. [h) Fitz. Nat. Brev. 32 Eoscoe, 100 Brit. lib. 4, c. 6. " Fos (-satum), stag (-num), sepe (-s), vi (-a), [1) Fitz. Nat. Brev. 183, 184 diversi cursus aquarum, poscunt assisam mercatum, feria bancum. I terminari coram justic (-iariis) assisar (-um). I placitari in banco." (m) *'Fab (-rica), fur (-ca), porta, domus, vir (-gultum), gur (-ges), mo (-lendinum), murus, ovile et pons, tradantur bsec vicecomitibus." (Fitz. Nat.. Brev. 184.) [n) Fitz. Nat. Brev. 55. (o) 6 Edw. 1, c. 5. Fitz. Nat. Brev. 197, 198. See Pollock and Maitland, Hist, of Eng. Law, ( p) vol. ii., pp. 105 et seq. The earliest recorded instance of the writ of ejectione firmcE is in 1370 (Y. B. Trin. 44 Edw. 3, fos. 22, 26), while g-ware ejecit infra terminum dates back to about 1235 (Pollock and Maitland, Hist, of Eng. Law, vol. ii. (2nd ed.), p. 107). {q) In 1455 it was held by Choke, J., that damages only could be recovered in. [g)

{h) Fitz.







.