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Reilly, S. A.

"Our Legal Heritage : 600-1776 King Aehelbert - King George III"


By 1616, Chancery could order injunctions to stop activities.
In Slade's case of 1602, the Court of the Queen's Bench held that
assumpsit may be brought in place of the action of debt. So
assumpsit supplants debt for recovering liquidated sums and is
then called "indebitatus assumpsit".
A statute of 1623 gave rights for adverse possession. It provided
that all writs of formedon [right to land by gift of a tail] in
descender, formedon in remainder, and formedon in reverter for any
manors, lands, tenements, or hereditaments shall be sued within
twenty years, for the quieting of men's estates and avoiding of
suits. In default thereof they shall be excluded from such entry
except children under 21 years, women-covert, non compos mentis,
imprisoned or overseas shall have an additional 10 years after
their disability ceases if the 20 years have expired. The
limitation for bringing actions on the case (except slander),
account, trespass, replevin, debt, detinue for goods and chattels
and the action of trespass, quare clausum fregit [damages for
unlawful entry on land], is within 6 years; for trespass of
assault, battery, wounding, imprisonment is within 4 years; and
for actions upon the case for words is within 2 years.
The trial of Sir Walter Ralegh in 1603 began a call for a right to
confront and question one's accusers. Before trial, privy
counselors who in theory sat as impartial justices, cross-examined
Ralegh in prison.


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