Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/233

Rh tenant of the freehold, o that a leee for years is confined to his action upon the cae.

2. aie of nuance is a writ, wherein it is tated that the party injured complains of ome particular fact done, ad nocumentum liberi tenementi ui, and therefore commanding the heriff to ummon an aie, that is, a jury, and view the premies, and have them at the next commiion of aies, that jutice may be done therein : and, if the aie is found for the plaintiff, he hall have judgment of two things; 1. To have the nuance abated; and 2. To recover damages. Formerly an aie of nuance only lay againt the very wrongdoer himelf who levied, or did, the nuance; and did not lie againt any peron to whom he had aliened the tenements, whereon the nuance was ituated. This was the immediate reaon for making that equitable proviion in tatute Wetm. 2. 13 Edw. I. c. 24. for granting a imilar writ, in cau conimili, where no former precedent was to be found. The tatute enacts, that “de caetero non recedant querentes a curia domini regis, pro eo quod tenementum transfertur de uno in alium;” and then gives the form of a new writ in this cae: which only differs from the old one in this, that, where the aie is brought againt the very peron only who levied the nuance, it is laid, “quod A. (the wrongdoer) injute levavit tale nocumentum;” but, where the lands are aliened to another peron, the complaint is againt both; “quod A. (the wrongdoer) et B. (the alienee) levaverunt .” For every continuation, as was before aid, is a freh nuance; and therefore the complaint is as well grounded againt the alienee who continues it, as againt the alienor who firt levied it.

this tatute, the party injured, upon any alienation of the land wherein the nuance was et up, was driven to his quod permittat proternere; which is in the nature of a writ