Waller against the Deane and Chapter of Norwich
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 956
King's Bench Division
956 WALLER AGAINST THE DEANE AND CHAPTER OF NORWICH OWEN, 186. bath been twice adjudged upon this very statute. viz. 9 Eliz, in Palmers case, and in the 35 Eliz. Warburton, cont. for the information doth intend only the statute of 3 Ed. 6, and 14. and he did recite the words thereof in his information : also this statute only makes the (iifence and declares the manner of it, and no other statute makes any addition to it, or increaseth the penalty, but only revives it to endure in perpe,euum. But if a statute cloth prohibit a thing, and another statute gives a penalty, there, upon information upon the penalty, both statutes ought to be recited and to conclude contra formam statutorum, vid. Commenter, 206. Morgans case. And so the Statute of Usury, 37 H. 8. is revived the 13th Eliz. and an addition made to it, there such inclusion ought to be contra, formam statutorum, but where the statute is only revived, it is otherwise : as the Statute of Perjury 5 Eliz. was continued untill the 14 Eliz, and then it was determined, and 27 Eliz. was revived, yet all informations upon that statute, are contra form= statuti 5 Elizah. Cook. This is no good exception and cited Talbot and Sheldens case. Hiller. 33 Eliz. who were indited for recusancy contra formam statuti 23 Eliz. and iii a writ of error, the judgment was reversed because the penalty was demanded : for the 10th Enz. made the offence, and the 23 Eliz. gave the penalty, but if the information be for the offence only, there it had been good, See the new Book of Entries 182. but if there be divers statutes in the point of information contra formam statuti is good, because the best shall be taken for the King. Yid. 5 H. 7. 17. 8 Ed. 3. 47, a. [136] PASCH. 10 JACOB. WALLER AGAINST me: DEANE AND CHAPTER OF NORWICH. In an action of covenant the plaintiff declared on a lease made from the deane, the ease was thus. The deane in the 38 Eliz. had made a lease for 99 years, to one Themilthorpe, and then in the 42 Eliz. made a lease to the plaintiff for three lives, rewiring rent, with a letter of attorney to make livery, and a covenant to save the plaintiff harmelesse against Themilthorpe, afterwards the attorney makes livery se. after Michaelmas which was a rent day, and he being disturbed by Themilthorpe, brought this covenant. And two points were moved in the case. First. Inasmuch as Ole lease was voyd to...
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Williams v Sir C. M. Burrell, Bart., and Another
...cetteux que vies were living, was guilty of a breach of the covenant for quiet enjoyment." In Waller v. The Dean and Chapter of Norwich (Owen, 136. S. C. 1 Brownlow & G-oldsb. 21), in an action of covenant, the plaintiff declared on a lease made from the dean ; and the case was thus :-The d......
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Knipe v Palmer
...lies whether the plaintiff had any thing in the land or not, and that it may be good as a contract, although the lease be bad ; aud cited Owen 136. 3 Bulst. 154, 158. Willes C.J.-But, brother ! that was a covenant which was collateral to the land; and all the covenants in the case at Bar [1......
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Pitman v Woodbury
...if the lease was made, and then surrendered, all the covenants would be void. In the ease of Waller v. The Dean and Chapter of Norwich ;(Owen, 136, reported also in 2 Brownlow, 158), there is much discussion on the .question, whether a covenant to save the lessee harmless was avoided if the......
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Drue v Baylie
...he cannot distrain for it. Covenant for payment of rent, and a bond to perform covenants, are defeated by the deter tnination of the rent. Ow. 136. The case was this : An administrator, possessed of a term left by the intestate, demises it for part of his time, rendering a rent to him, his ......