Hilary Term, 6 Queen Elizabeth
| Jurisdiction | England & Wales |
| Year | 1794 |
| Date | 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 73 E.R. 500
King's Bench Division
[226 b] helarv term, 6 queen elizabeth. Where the assizes are adjourned, non venue of the Justices at the day, puts the parol without day. But a re-attachment and a re-summons, or habeas an'pora jurat' tested on that day may bo awarded to the next assizes. (37) Barton v. Rromlowe and Lewer. [Mo. 3G5. Cro. El. 388. and Poph. 100.] In Lancaster a common recovery was had in which the writ bore teste on the 10th of March, which was the first week in Lent returnable in 4 weeks of Lent next to come, and adjudged a good return, and that nnxt to come had relation to weeks and not to Lent: And it is not like this case, for next to come cannot have relation to the same day of the date. Vulf, long oto. E. 4. 26 for the killing of 22 wild beasts, from the 3d day of July until the 20th clay of July next following where next had relation not to July but to the day. Mich. 13. Jac. C. B. Pi/e v. Coe, [Brownl. 74] A. made a bond to B. on the 17th Nov. 1614. to pay one hundred pounds on the 19th day of Nov. next ensuing, and another one hundred pounds the first day of December ensuing; adjudged that the first one hundred pounds shall be paid on the 19th day of the same Nov. and the intent of the party appears by the appointment of the second payment of one hundred pounds. By Mason's Reports. [Cro. Jac. 678.J 32. E. 3. 21. Adjournment upon a mortality, 'post, pi. 39. 2 DYER, 227 a. HILARY TERM, 6 QUEEN ELIZABETH 501 (38) It was hoklen by all the Justices of assize assembled, that [Jeuk. cent. 5, a 95, s. all the assizes which were adjourned to L. or Westminster out of '']K 6 40 a 47 E 3 ,, the country are now without day by the non-venue of the Justices bh. 7,'uitim. there, although they are not discontinued by reason of the statute oOn . eiiz. iai of 1. E. 6. [c. 7. 2.] and now the plaintiffs ought to sue out a re-attaehment against the defendants, and a re-summons or habeas corpora against the recognitors, and the writs shall be of the teste of this Term, and returnable at the next assizes &c. (39) Also it was holden by all the Justices aforesaid, that the writs of adjournment for the said Term from Saint Albans are good, and that the tude of the last writ, which was at the town of Saint Albans, on the 28th day of November in the 3.5th year of H. 8. was good enough, and therefore they held it the surest way to follow this precedent in the end of this Term, without antedating it...
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