Bozoun's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1584 |
| Date | 01 January 1584 |
| Court | Court of the King's Bench |
English Reports Citation: 76 E.R. 970
IN THE KING'S BENCH.
S. C. Godb. 35, 36, 37. 2 Roll. 192, 193. S. C. cited acc. Hard. 231. Hob. 229. 5 Cru. Dig. 60. Vin. Abr. Grants H. 13. pl. 67. Prerogative G. a. 2. pl. 6, 7, 8. R. b. pl. 3, 4. Z. b. pl. 2. Reversion G. pl. 9. Com. Dig. Disuses C. 2. Fait E. 4. Grant G. 10. 12. See the notes and references infra.
[34 b] bozoun's case. Mich. 26 and 27 Eliz. In the King's Bench. 1584. S. C. Godb. 35, 36, 37. 2 Roll. 192, 193. [S. C. cited ace. Hard. 231. Hob. 229. 5 Cru. Dig. 60. Vin. Abr. Grants H. 13. pi. 67. Prerogative G. a. 2. pi. 6, 7, 8. R. b. pi. 3, 4. Z. b. pi. 2. Reversion G. pi. 9. Com. Dig. Disuses C. 2. Fait E. 4. Grant G. 10. 12. See the notes and references infra.'] A portion of tithes in L. appertaining to the rectory of G. which was a rectory presentable, and all the other tithes in L. being parcel of the rectory of L. appropriated to the late monastery of D.; the Queen being seised of the said rectory of L. grants by letters patent ex certa scieniia, &c. to two persons and their heirs all that portion of tithes in L, in the occupation of I. S., with a clause of nan obstante, I. S. never had any tithes in L. in his occupation ; held that the grant was void; because 1st. The last words " in the occupation of I. S." referred to all the sentence, and a portion of tithes in gross was intended to pass, and not the rectory, and though the grant was ex certa scientia, &c. yet that will not extend to pass any thing against the Queen's intent and the proper signification of the words. And when the King by the common law cannot in any manner make a grant, or when the words of the grant are not sufficient ex vi termini to pass the thing granted, a non obstante will not render it good: secus when the common law allows the grant, or when the words are of themselves sufficient to pass the thing granted, and the law merely requires that the King be not deceived. As a grant of a protection in quare impedit, or assise, with a non obstante, is void; but the King's grant of lands in lease, " notwithstanding it be in lease for life, or years, of pi. 3. Incidents B. pi. 2, 3. Bac. Abr. Officers L. And therefore the sheriff must have lands sufficient within the county to answer the King and his peoplei, ib. 9 E. 2. st. 2. 2 Edw. 3. c. 4. 4 Edw. 3. c. 9. 5 Edw. 3. c. 4. 13 & 14 Car. 2. c. 21. s. 7.; which is the only qualification required from a sheriff, 1 Bl. Com. 346. n. The sheriff is answerable civiliter, but not criminaliter, for the act of his bailiffs, Latch. 187. Dalt. Sher. 3. 2 Inst. 466. Bac. Abr. Officers L. Sheriff H. 4.; and it is no objection to his being called upon to answer civiliter, that the acts done by his officers would also warrant a criminal prosecution against them. Nor is it necessary to found a proceeding against the sheriff, to shew a recognition by him of his bailiff's act, Ackworth v. Kempe, Dougl. 60. Saunderson v. Baker, 3 Wils. 309. 2 Bl. Rep. 832. Woodgate v. Knatchbull, 2 T. R. 148. Bac. Abr. Sheriff H. 4. (ED.) (m) See the books cited in the last note...
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