Plea, that property in one horfe was in R. only, and traverfes the property in R. and Similar plea, and traverfe of the other horfe, Mo. Ent. 300. B. Avowry by virtue of an attachment out of county court against one N. D.; plea in bar, that plaintiff was poffeffed, and traverfes that N. D. was poffeffed, and iffue, 2. Lut. 1196. That property of the ox was in one A. and not in plaintiff, and iffue, 1. Pro. 310. Property in part, refidue non cepit, Pl. Gen. 602. Replevin, that defendant being poffeffed of cattle as of his own, &c. delivered them to D. for fafe cuftody, who gave them to plaintiff, who took and yet detains; plea in bar, that defendant being poffeffed fold them to plaintiff, who was poffeffed until he wrongfully took, &c. and delivered them to D. and plaintiff took them from him, and was again poffeffed; replication, maintains avowry, and traverses felling, Mo. Int. 304. Writ of enquiry on writ de proprietate probenda, for that one outlawed was poffeffed of the goods, 7. H. 4. 45· Entry of deliverance gaged, where the defendant took four oxen, and one of them died in pound overt, Thef. Br. 130. Entry of gage deliverance in the huftings, Ibid. 276. Retorno batendo on default, by plaintiff in replevin; fheriff's return; cattle eloigned; copias in uitbernam; and fheriff returns nil habuit averia; on which plaintiff makes a fine for contemp, and finds pledges to profecute as well the claim as a return of the cattle; declaration thereon and imparlance, Bro. R. 418. Procefs until gage deliverance of cattle eloigned, and then imparlance to the decla ration and avowry, Co. Ent. 612. Puries replevin; 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 imparlance and avowry, 3. Br. 310. RESCUE, or RESCOUS (See TORT, poft.) STATUTES, ACTIONS ON (See ASSUMPSIT, DEBT, TORT STATUTES. OF DEATHS. See PRACTICAL FORMS. BY DEFAMATION. In Common Pleas, Eafter Term, 23. Geo. III. whom was cial damage laid. 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, robbery, and pass on the case; and thereupon the faid plaintiff, by John Loyd embezzlementof his attorney, complains, that whereas the faid plaintiff now is a money from one good, true, honeft, juft, and faithful fubject of this realm, and with as fuch from the time of his nativity hitherto hath always behaved plaintiff and governed himself, and hath always, until the speaking, &c. clerk, with Speof the feveral falfe, fcandalous, and defamatory words hereinafter mentioned to have been spoken and published by the faid defendant of and concerning the faid plaintiff,been faid, held, esteemed,and reputed to be a perfon of good name, fame, credit, and reputation amongst all his neighbours and other good and worthy fubjects of this realm, and hath never been guilty, nor until the fpeaking, &c. of the several falfe, &c. words hereafter mentioned been fufpected to have been guilty of any kind of forgery, robbery, fraud, or dishonesty, or of any other fuch hurtful crime or offence: And whereas before the fpeaking, &c. of the several falfe, &c. words hereafter mentioned to have been spoken and publifhed by the said defendant of and concerning the faid plaintiff, he the faid plaintiff lived with and was in the service of one Rowley in the character or capacity of a clerk, and during fuch his fervitude behaved himself with the greatest integrity and honefty towards his said 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 feveral premifes he the faid plaintiff, before the fpeaking, &c. of the feveral falfe, &c. words hereinafter mentioned, had defervedly obtained and acquired the benevolence, good opinion, and credit not only of his aforefaid master, but of all other perfons any ways acquainted with him, or to whom he was known, to wit, at L. aforefaid; yet the faid defendant, well knowing the premises aforefaid, but contriving and malicioufiy intending wrongfully and unjustly to hurt, prejudice, and damnify the faid plaintiff in his aforefaid good name, &c. and to bring him into public hatred, scandal, and ignominy, and to fubject him to the pains and penalties by the laws and ftatutes of this realm made and provided against perfons guilty of forgery, robbery, embezzlement, fraud, or difhonefty, on the twenty-eighth of February 1783, to wit, at L. &c. aforefaid, in a certain difcourfe Colloquium. which the faid defendant then and there had with one Brown, a good and worthy fubject of this realm, of and concerning the faid plaintiff, and of and concerning him the faid plaintiff and his conduct and behaviour whilft in the fervice of the faid Rowley as aforesaid, he the faid defendant then and there falfely and maliciously faid, fpake, and published thefe falfe, fcandalous, and defamatory words following of and concerning the faid plaintiff, and other words. of and concerning him and his conduct and behaviour whilst in the fervice of the faid Rowley as aforefaid, that is to fay, "He (meaning the faid plaintiff) robbed Rowley (meaning the faid Rowley, with whom the faid plaintiff lived in the capacity of clerk as aforefaid) of twenty or thirty pounds at a time; he (again meaning the faid plaintiff) is run away for a forgery of four or five thousand pounds, (thereby meaning that the faid plaintiff had been and was guilty of forgery, and that he had abfconded to avoid being apprehended for fuch offence) and all the fea-ports are ftopped against him (again meaning the faid plaintiff), and he (again meaning the faid plaintiff) will be hanged if he (again ed Count, em- meaning the faid plaintiff) ever comes back:" And afterwards, to bezzling, and wit, on the day and year aforefaid, at L. &c. aforefaid, in a certain other difcourfe which the said defendant then and there had with divers good and worthy fubjects of this kingdom of and concerning the faid plaintiff, and of and concerning his conduct and behaviour whilft in the fervice of the faid Rowley as aforefaic, he the faid defendant then and there falfely and malicioufly faid, rehearfed, proclaimed, and loudly publifhed the other falle, &c. words following of and concerning the faid plaintiff and his conduct and behaviour whilft in the fervice of the faid Rowley, in the prefence and hearing of thofe laft-mentioned fubject, that is to fay, "he (meaning the faid plaintiff) has been the ruin of Mr. Rowley (meaning the aforefaid Rowley, and alío meaning and infinuating by fuch laft-mentioned words that the faid plaintiff bad acted difhoneftly by the faid Rowley whilst he was in his fervice as aforefaid;) he (again meaning the faid plaintiff) fpent five hundred pounds (meaning five hundred pounds) a-year, and kept a whore at Iflington at five guineas per week; (thereby meaning and infinuating, and intending to have it understood by the perfons to whom fuch words were spoken that the faid plaintiff, whilft in the fervice of the faid Rowley as aforefaid, embezzled confiderable fums of money, the property of his faid master, and by that means became enabled to live at the rate and in the manner infinuated by the faid defendant as aforefaid); and he (again meaning the faid plaintiff) robbed him (meaning faid 3d Count. 4th Count. 5th Count. Rowley) of thirty-fix guineas out of his defk to fpend at gaming:" Like colloquium with the fecond. Words: "He (meaning the faid plaintiff) robbed him (meaning the faid Rowley) of twenty or thirty pounds at a time (thereby meaning and infinuating that the faid plaintiff embezzled money of the faid Rowley as aforefaid)" [Colloquium of and concerning the faid plaintiff.] Words: "He (meaning the faid plaintiff) is run away for a forgery of four or five thousand pounds, and will be hanged if ever he (again meaning the faid plaintiff) comes back (meaning and infinuating by fuch laft-mentioned words that the faid plaintiff had been and was guilty of a forgery, for which he was liable to capital punithment):" [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 Rowley) of like that in the fecond and third counts.] Words: He (meaning the faid plaintiff) robbed him (meaning the faid thirty-fix guineas out of his (meaning the faid desk:" By reafon and means of the fpeaking and publishing of which faid feveral falfe, &c. words hereinbefore mentioned of and concerning the faid plaintiff, he the faid plaintiff is very much hurt, injured, and damnified in his aforefaid good name, &c. and is fallen into public fcandal, ignominy, and difgrace amongst all neighbours and other good and worthy fubjects of this realm, infomuch that divers of thofe neighbours and fubjects, to whom the innocence and integrity of the faid plaintiff in the premifes were unknown, have always, from the time, &c. of the feveral falfe, &c. words hitherto fo vehemently fufpected the faid plaintiff to have been and to be guilty of forgery and robbery, and to have embezzled and purloined any money whilst he was in the fervice of the faid Rowley as aforefaid, that they have on that account always from the time of fpeaking fuch words hitherto wholly refufed, and still do daily moreover refufe to have any commerce, acquaintance, or difcourfe 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 thefe words been spoken and faid: Plaintiff in fact further faith, that by reafon and means of the fpeaking, &c. of the said several falfe, &c. words hereinbefore mentioned of and concerning the faid plaintiff one J. W. who was able to procure him the faid plaintiff a beneficial place or employment in the character or capacity of a clerk, declined and omitted to procure him fuch place, office, or employment, or to yield or afford him any affiftance on that occafion: And one T. T. with whom the faid plaintiff was used to deal in the courfe and way of trade, and from whom he was used to buy and purchafe goods on credit, and of and from whom he the faid plaintiff had bought, bespoke, and ordered a certain large quantity of goods and merchandize in the way of trade, declined, refufed, and defifted from having any further dealings with him, and withheld and kept back the faid goods and merchandizes fo by him ordered as aforefaid, and declined and refufed executing fuch order, or complying with the fame, and refused to give him further credit, whereby he thefaid plaintiff lost and was deprived of all benefit and advantage that would have arisen to him from his being engaged and employed in fuch character, office, capacity, or employment as aforefaid, and all profit, benefit, emolunient, and advantage that would have arifen and accrued to him from the execution of or compliance with the faid order fo by him given to the faid T. T. as aforefaid; and from the further dealings, friendfhip, and affiitance of and with him the faid T. T.: And the faid plaintiff allo faith, that on occafion of the speaking, &c. of the faid feveral falfe, &c. words hereinbefore mentioned, many other perfons with whom he was used to deal on credit have refused to give him any further credit: And he alfo was, hath been, and is on occafion of the feveral premifes aforefaid otherwife greatly Q4 |