Page:The statutes of Wales (1908).djvu/154

22 sometimes immovables, by force of a covenant entered into between the parties, which may differ from the law in the form described in the Place above named. The proceeding upon this Writ is thus: First, there being found pledges to prosecute, the defendant shall be summoned once, and if it be necessary, a second time; and if he come not upon the second summons nor essoin himself, the demand and declaration of the plaintiff shall be heard, and the thing demanded shall be taken into the King's hand, if it be a tenement; and if it be a chattel that or its value shall be taken into the King's hand; and another day shall be given him; and if, within fifteen days he shall replevy the thing so taken into the King's hand, and appear at the day given him, he shall be received to answer and defend; but if not, the plaintiff's demand shall be awarded to him by default, together with damages taxed as is said before in the Writ of Debt; and he shall remain in the King's mercy. Saving always to the King the amerciaments for the default as aforesaid. The plaintiff's complaint being heard, and the declaration of his demand, the defendant shall make answer; and upon the affirmation of the one party, and the denial of the other, they shall proceed to the inquest, and the business shall be determined by the inquest of the country. And it is to be known that sometimes a freehold is demanded by the Writ of Covenant, as where any man letteth land to another to farm, rendering therefor a certain rent under a condition added thereto in the writing of Covenant, that if he be not satisfied for the rent it shall be lawful for him to enter into the land that he hath demised, and to hold the same; if he to whom the land hath been demised do not pay the rent, and he who hath demised it hath not the means of entering into the land demised according to the tenor of his writing, by reason of the power of his adversary in this case he ought to recover the tenement by the Writ of Covenant, together with damages. Where sometimes a covenant is made between parties that the one shall infeoff the other of a certain tenement, and shall deliver seisin unto him at a certain day, if afterwards he should transfer that tenement by feoffment to a third person, since he cannot annul that feoffment by virtue of the first contract that was not carried into effect, in that case the injured party cannot have other redress by Writ of Covenant, but this only: that he have a satisfaction in money for his damages; and thus in one case there lieth an action to demand a tenement by Writ of Covenant, and in another case money or damages,