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Plea, that property in one horse was in R. only, and traverses the property in R. and

B. Similar plea, and vaverse of the other horse, Mo. Ent. 300. Avowry by virtue of an attachment out of county court again't one N. D.; plea in

bar, that plaintiff was possessed, and traverses that N. D. was possessed, and issue, 2. Lut. 1196. That property of the ox was in one A. and not in plaintiff, and

illue, 1. Pro. 310. Property in part, residue non cepit, Pl. Gen. 602. Replerin, that defendant being poffesfed of cattle as of his own, &c. delivered

them to D. for safe cuítody, who gave them to plaintiff, who took and yet detains; plea in bar, that defendant being poffeffed fold them to plaintiff, who was poffeffed un'il he wrongfully took, &c. and delivered them to D. and plaintiff took them from hin, and was again pofiessed ; replication, maintains avowry, and

traverses seilin", Vo. Int. 304. Writ of enquiry on writ de proprietate probenda, for that one outlawed was possessed

of the goods, 7. H. 4. 45. Entry of deliverance gaged, where the defendant took four oxen, and one of them died in pound overi, Thej

. Br. 130. Entry of gage deliverance in the hostings, Ibid. 276. Reserno ba endo on default, by plaintiff in replevin; sheriff's return; cattle eloign

ed; copias in viiternam; and theriff returns nil habuit averia ; on which plaintiff makes a fine for cortimp, and finds pledges to prosecute as well the claim as a return of the catile ; declaration thereon and imparlance, Bro. R. 418. Process until gage deliverance of cattle eloigned, and then imparlance to the declaration and avow y, Co. En:. 612. Paris seplevin ; return of cattle eloigned ; cattle taken on a capias to the value ;

declaration; imparlance, plaintiff prays deliverance of the cattle firft taken, and defendants gages delivery of the cattle taken in withernam; further impadlance and arowry, 3. Br. 310.

RESCUE, or RESCOUS (See Tort, peft.)
SCIRE FACIAS (See Post.)
STATUTES, Actions on (See AssumPSIT, DEBT, TORI
SUGGESTIONS ON PARTICULAR

See PRACTICAL
STATUTES.

FORMS.
OF DEATHS.
Ox PROHIBITIONS (See Vol. VI.)

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BY DEFAMATION.

and

whom

was

In Common Pleas, Easter Term, 23. Geo. III. LONDON, to wit. John Ireland, late of L. warehouseman, Declaration for was attached to answer unto Michael Bottomley in a plea of tref words of forgery; pass on the case; and thereupon the said plaintiff, by John Loyd robbery;

embezzlementof his attorney, complains, that whereas the said plaintiff now is a money from one good, true, honeit, just, and faithful subject of this realm, and with as such from the time of his nativity hitherto hath always behaved plaintiff and governed himself, and hath always, until the speaking, &c. clerk, with of the several false, scandalous, and defamatory words hereinafter men

cial damage laid. tioned to have been spoken and published by the said defendant of and concerning the said plaintiff,been said, held, esteemed,and reputed to be . a person of good name, fame, credit, and reputation amongst all his neighbours and other good and worthy subjects of this realm, and hath never been guilty, nor until the speaking, &c. of the several false, &c. words hereafter mentioned been suspected to have been guilty of any kind of forgery, robbery, fraud, or dishonesty, or of any other such hurtful crime or offence: And whereas before the speaking, &c. of the several false, &c. words hereafter mentioned to have been spoken and published by the faid defendant of and concerning the said plaintiff, he the said plaintiff lived with and was in the service of one Rowley in the character or capacity of a clerk, and during such his servitude behaved himself with the greatest integrity and honesty towards his faid master, and without being guilty of any embezzlement, purloining or taking away money or other things entrusted to his care, whereby and by means of which faid several premises he the said plaintiff, before the speaking, &c. of the several false, &c. words hereinafter mentioned, had deservedly obtained and acquired the benevolence, good opinion, and credit not only of his aforesaid master, but of all other persons any ways acquainted with him, or to whom he was known, to wit, at L. aforesaid; yet the faid defendant, well knowing the premises aforesaid, but contriving and maliciousy intending wrongfully and unjustly to hurt, prejudice, and damnify the said plaintiff in his aforesaid good name, &c. and to bring him into public hatred, scandal, and ignominy, and to subject him to the pains and penalties by the laws and statutes of this realm made and provided against persons guilty of forgery, robbery, embezzlement, fraud, or diihonesty, on the twenty-eighth of February 1783, to wit

, at L. &c. aforesaid, in a certain discourse Colloquium. which the said defendant then and there had with one Brown, a good and worthy subject of this realm, of and concerning the said plaintift, and of and concerning him the said plaintiff and his conduct and behaviour whilst in the service of the said Rowley as aforesaid, he the said defendant then and there falsely and maliciously said, spake, and published these false, scandalous, and defamatory words following of and concerning the laid plaintiff, and

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of and concerning him and his conduct and behaviour whilft in the service of the laid Rowley as aforesaid, that is to say, “He (meaning the said plaintiff) robbed Rowley (meaning the faid Rowley, with whom the said plaintiff' lived in the capacity of clerk as aforesaid) of twenty or thirty pounds at a time; he (again meaning the laid plaintiff) is run away for a forgery of four or five thousand pounds, (thereby meaning that the said plaintiff had been and was guilty of forgery, and that he had ubiconded to avoid being apprehended for luch offence) and all the fea-ports are stopped against him (again meaning the faid plaintiff), and he

(again meaning the said plaintiff) will be hanged if he (again ed Count, em- meaning the said plaintiff) ever comes back;" And afterwards, to bezzling, and wit, on the day and year aforefaid, at L. &c. aforesaid, in a cerother words, tain other discourse which the said defendant then and there hau

with divers good and worthy subjc&ts of this kingdom of and concerning the laid plaintiff, and of and concerning his conduct and behaviour whilst in the service of the said Rowley as aforesaid, he the said defendant then and there falsely and maliciously said, rehearsed, proclaimed, and loudly published the other false, &c. words following of and concerning the faid plaintiff and his conduct and behaviour whilst in the service of the said Rowley, in the presence and hearing of those latt-mentioned subject, that is to fay, “he (nieaning the faid plaintiff) has been the ruin of Mr. Rowley (meaning the aforesaid Rowley, and also meaning and infinuating by such last-mentioned words that the faid plaintiff bad acted dishonestly by the laid Rowley whilst he was in his service as aforesaid ;) he (again meaning the faid plaintiff) spent five hundred pounds (meaning five hundred pounds) a-year, and kept a whore at Ilington at five guineas per week ; (thereby meaning and infinuating, and intending to have it understood by the perioris to whom such words were spoken that the said plaintiff, whilst in the service of the laid Rowley as atorefaid, embezzled confiderabie sums of money, the property of his said maiter, and by that means became enabled to live at the rate and in the manner infinuated by the faid defendant as aforesaid); and he (again n.eaning the laid plaintiff) robbed him (meaning taru

· Rowley) of thirty-six guineas out of his desk to spend at gaming :" 3d Count. Like colloquiurn with the second Words: “He (meaning the

said plaintiff) robbed him (meaning the faid Rowley) of tweniy or thirty pounds at a tiine (thereby meaning and insinuating that

the laid plaintiff embezzled money of the said Rowley as afore4th Count.

faid):" (Colloquium of and concerning the laid plaintiff. Words: “ He (meaning the laid plaintiff) is run away for a forgery of four or five thousand pounds, and will be hanged if ever he (again meaning the said plaintiff) comes back (mcaning and infinuating by such last-mentioned words that the said plaintiff had been and was

guilty of a forgery, for which he was liable to capital punithment);" sth Count. (Like colloquium with the fourth.] Words : “ He (meaning the

faid plaintiff') is run away for forgery (thereby meaning that the faid plaintiff had been and was guilty of forgery):) Colloquium

like that in the second and third counts.] Words: He (meaning the laid plaintiff) robbed him (meaning the luid Rowley) of thirty-fix guineas out of his (meaning the faid Rowley's) desk?” By reafun and means of the speaking and publishing of which said several false, &c. words hereinbefore mentioned of and concerning the laid plaintiff, he the said plaintiff is very much hurt, injured, and damnified in his aforefaid good name, &c. and is fallen into public scandal, ignominy, and disgrace amongst all neighbours and other good and worthy subjects of this realm, insomuch that divers of those neighbours and subjects, to whom the innocence and integrity of the said plaintiff in the premises were unknown, have always, from the time, &c. of the several false, &c. words hitherto lo vehemently fufpected the faid plaintiff to have been and to be guilty of forgery and robbery, and to have embezzled and purloined any money whilft he was in the service of the said Rowley as aforesaid, that they have on that account always from the time of speaking such words hitherto wholly refused, and Itill do daily moreover refuse to have any commerce, acquaintance, or discourse with him, or to to have any thing to do with him as before they were accustomed to do, and would have again had not these words been spoken and said : Plaintiff in fact further faith, that by reason and means of the speaking, &c. of the said several falfe, &c. words hereinbefore mentioned of and concerning the said plaintiff one J. W. who was able to procure him the said plaintiff a beneticial place or employment in the character or capacity of a clerk, declined and omitted to procure him such place, office, or employment, or to yield or afford him any alsistance on that occation: And one T. T. with whom the said plaintiff was used to deal in the course and way of trade, and from whom he was used to buy and purchase goods on credit, and of and from whom he the saidplaintiff had bought, bespoke, and ordered

certain large quantity of goods and merchandize in the way of trade, declined, refused, and defifted from having any further dealings with him, and withheld and kept back the said goods and merchandizes fo by him ordered as aforesaid, and declined and refused executing such order, or complying with the same, and refused to give himn further credit, whereby he the said plaintiff loft and was deprived of all benefit and advantage that would have arisen to him from his being engaged and employed in such character, office, capacity, or employment as aforesaid, and all profit, benefit, emolunient, and advantage that would have arisen and accrued to him from the execution of or compliance with the faid order to by him given to the faid T. T. as aforesaid; and from the further dealings, friendship, and affiitance of and with him the said T. T.: And the said plaintiff also faith, that on occasion of the speaking, &c. of the said several false, &c. words hereinbefore mentioned, many other persons with whoin he was used to deal on credit have refused to give him any further credit: And he also was, hath been, and is on occasion of the several preiniles aforesaid otherwise

greatly

QA

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