Forler Land

Land in the diocese of Hereford, which had a peculiar custom attached to it, but which has been long since disused, although the name is retained. Butl. Surv. 56.

Land in the diocese of Hereford, which had a peculiar custom attached to it but which has been long since disused, although the name is retained. Butl. Surv. 60. ‘"Some of the peculiar customs of Hereford are recently published, as that *the reeve of the borough may have been directly accountable to the king/ while ‘In most cases the king^s farmer was the sheriff of the shire/ Maltl. Domesd. Book and Beyond 209. So also, ‘at Hereford the reeve’s consent was necessary when a burgage was to be sold, and he took a third of the price.’ When a burgess died the king got his horse and arms (these Hereford burgesses were fighting men^ if he had no horse, then ten shillings ‘or his land with the houses.’ Any one who was too poor to do his service might abandon his tenement to the reeve without having to pay for it. Such an entry as this seems to tell us that the services were no trivial return for the tenements id. 199. and the principal terms, to be used in accordance with the laws. The legal order or method of legal proceedings or construction of legal instruments. Form is usually put in contradistinction to substance. For example, by the operation of the statute of 27 Eliz. c. 5, s. 1, all merely formal defects in pleading, except in dilatory pleas, are aided on general demurrer. The difference between matter of form and matter of substance, in general, under this statute, as laid down by Lord Hobart, C. J., is that **that without which the right doth sufl Elciently appear to the court is form;** but that any defect “by reason whereof the right appears not** is a defect In substance; Hob. 233. A distinction somewhat more definite is that if the matter pleaded be in itself insufficient, without reference to the manner of pleading it, Die defect is substantial; but that if the fault is in the manner of alleging It, the defect Is formal; Dougl. 633. For example, the omission of a consideration in a declaration in assumpsit, or of the performance of a condition precedent, when such condition exists, of a conversion of property of the plaintiff, In trover, of knowledge in the defendant, in an action for mischief done by his dog, of malice. In an action for malicious prosecution, and the like, are all defects in substance. On the other band, duplicity, a negative pregnant, argumentative pleading, a special plea, amounting to the general issue, omission of a day, when time is immaterial, of a place, In transitory actions, and the like, are only faults in form; Bacon, Abr. Pleas, etc. (N 6, 6); Comyns, Dig. Pleader (Q 7); 10 Co. 95 a; 2 Stra. 694; Gould, PI. c. 9, § 18; 1 Bla. Com. 142. At the same time that fastidious objections against trifling errors of form, arising from mere clerical mistakes, are not encouraged or sanctioned by the courts, It has been Justly observed that “Infinite mischief has been produced by the facility of the courts in overlooking matters of form; It encourages carelessness, and places Ignorance too much upon a footing with knowledge amongst those who practise the drawing of pleadings;’’ 1 B, & P. 59; Comm. V. Emery, 2 Binn. (Pa.) 434.

Land in the diocese of Hereford, which had a peculiar custom attached to it, but which has been long since disused, although the nameisretained. But. Surv. 56.