Tenant in tail by kniight’s service dies, his heir under, age ; the donor tenders him marriage ; he refuses, arid marries elsewhere, being still within age ; he dies (having issue) within age in ward ; the issue also dies having issue : the donor shall have the double value for one, and the single value for the other ; for the statute of West. 1, being a special statute concerning wards, is not repealed by West 2, which is another special statute. The words deed and feoffment, in the statute of West. 2 (which enacts that by them a tenant in tail shall not prejudice the issue in tail) are not to be understood of the right of the superior lord. Tenant in tail, the remainder in fee, he cesses for two years; the land shall be recovered against tenant in tail : F. N. B: 20, for this reason, viz. the recovery of the land for the cesser per biennium is given by a special statute.
A special statute does not derogate from a special statute, without express words of abrogation.
[1220] EngR 88, (1220-1623) Jenk 197, (1220) 145 ER 133 (B)
Commonlii
England and Wales
Updated: 20 October 2021; Ref: scu.461000