fame as

lands.

the faid Sarah, as the bailiff of the faid T. H. and T. W. well acknowledges the taking of the faid gelding in the faid place in 3d Avowry and which, &c. doing damage there, &c.: And for a further avowry cognizance, and cognizance in this behalf, by like leave of, &c. according to, lat, &c. the faid T. H. in his own right well avows, and the faid Sarah, only prescribes in refpect of a as, &c. well acknowledges the taking of the faid gelding in the meuage instead faid place in which, &c. and justly, &c.; because they fay, that of a meuage and the faid fir J G. long before, and alfo at the faid time when, &c. was, and still is, feifed of and in a certain other meffuage, with the appurtenances, fituate and being in the township aforefaid, in his demeine as of fee, and that he the faid fir J. G. and all those whofe, &c. had of and in the faid laft-mentioned mefluage, with the appurtenances, from time whereof the memory of man is not to the contrary, have had and used, and been used, and accuftomed to have and ufe, during all the time aforefaid, and of right ought, &c. &c. [fame as the fecond, only omitting what is in Italic]. [4th Avowry like the fecond, claiming the common only for twenty oxen or cows. 5th Like the fourth, but claiming the common only for twenty cows or oxen in right of the meffuage only.] W. LAMBE.

and a mare, in B. R.

SOMERSETSHIRE, to wit.

Declaration (in William Cullen was fumreplevin), for moned to answer George Norman of a plea, wherefore he took taking a gelding the cattle of the faid George, and them unjustly detained against gages and pledges, until, &c. and whereupon the faid George, by A. B. his attorney, complains; for that the faid William, on, &c. at, &c. in, &c. in a certain place there called the Higher Monkey Leafe, took the cattle following, to wit, one gelding and one mare of the faid George, and them unjustly detained against fureties and pledges, until, &c. wherefore the faid George faith that he is injured, and has damage to the value of twenty pounds; and therefore he brings fuit, &c.

*Avowry,

da

N. GROSE.

And the faid William, by C. D. his attorney, comes and demage feafant, fends the wrong and injury, when, &c. and well avows the takant to be por ing of the faid cattle in the faid place in which, &c. and justly, &c.; feffed generally, because he says, that he the faid William, before, and at the time

ftating defend

when, &c. and long afterwards, was lawfully poffeffed of and in the faid place, called Higher Monkey Leafe, in the parish of A. aforefaid; and because the faid cattle, at the faid time when, &c. were wrongfully in the faid place in which, &c. feeding on the grafs there then growing, and doing damage there to the faid William, he the faid William well avows the taking of the faid cattle in the faid place in which, &c. as and for a diftrefs for the damage fo there done and doing by the faid cattle; and this, &c.;

where

wherefore, &c. and a return of the faid cattle, together with his
damages, cofts, and charges, according to the form of the statute
in that cafe made and provided, to be adjudged to him, &c.
J. MORGAN.

against was fummoned to anfwer Edward Davies, &c. for ANDREWS. taking one bay mare at the township of Longdon, within the parish of Pentefbury, in the faid county, in a certain place there called Pound Yard or Dorfet's Yard.

locus and demif

ed fame to R.P.

And the faid William, by A. B. his attorney, comes and de- Avowry, that fends the wrong and injury, when, &c. and well avows the tak-lord T. feifed of ing of the faid mare in the faid declaration mentioned, in the said place in which, &c. juftly, &c.; because he fays, that the right as tenant from honourable Charles earl of Tankerville, long before, and at the year to year, faid time when, &c. was feifed of and in the faid place in which, that R. P. de

mifed to defend.

&c. with the appurtenances, in his demefne as of fee; and being ant for one year,
fo feifed, he the faid earl, long before the faid time when, &c. to and because the
wit, on the fecond of February 1784, demifed the faid place in mare was da-
which, &c. with the appurtenances, to one Richard Price, now de-
ceafed, to have and to hold the faid place in which, &c. with the well avows, &c.
appurtenances, to the faid Richard Price for one whole year from
thence next enfuing and fully to be complete and ended, and fo

from
year to year for fo long a time as it fhould please the said earl
and the faid Richard Price; by virtue of which demife he the faid
R. P. afterwards, and long before the faid time when, &c. to wit,
on the fame day and year aforefaid, entered into the faid place in
which, &c. with the appurtenances, and became and was poffeffed
thereof for the faid time; and being fo poffeffed thereof, he the
faid R. P. afterwards, and long before the faid time when, &c.
to wit. on the fame day and year laft aforefaid, demifed the faid
place in which, &c. with the appurtenances, to the faid William,
to have and to hold the faid place in which, &c. with the appurte
nances, unto the faid William for one whole year from thence
next enfuing; by virtue whereof he the faid William afterwards,
and long before the faid time when, &c. to wit, on the fame day
and year laft aforefaid, entered into the faid place in which, &c.
with the appurtenances, and became, and until and at the faid time
when, &c. was poffeffed thereof; and because the said mare in
the faid declaration mentioned, at the faid time when, &c. was
Wrongfully and injuriously in the faid place in which, &c. was
eating and depafturing the grafs there then growing, and doing
damage there, he the faid William well avows the taking of the
faid mare in the faid place in which, &c. and juftly, &c. for and in
the name of a diftrefs for the faid damage fo by the faid mare then
and there done and doing to the faid William; and this, &c.;
wherefore he prays judgment and a return of the said mare, to-

gether

mage feafant

Plea in bar ad

demife to R. P.

to

when, &c. was

not

who entered,

his cattle, until

gether with his damages, cofts, and charges in this behalf, according to the form of the ftatute in fuch cafe made and provided, to be adjudged to him, &c.

FOSTER BOWER.

was

And the faid Edward, as to the faid avowry of the said William mits lord T.'s by him above made, fays, that he by reafon of any thing in the feifin, and the faid avowry contained ought not to avow the taking of the faid and the demife mare of the faid Edward in the faid declaration mentioned, in the defendant, faid place in which, &c. to be juft, &c.; because he fays, that but protesting true it is, that the faid right honourable Charles eail of T. that defendant feifed of and in the faid place in which, &c. with the appurtenances, at the time in his demefne as of fee, as the faid W. has in his faid avowry poffcffed, alledged, and that being fo feifed he the faid earl demifed the faid but fays that place in which, &c. with the appurtenances, to the faid R. Price, defendant de- as in the faid avowry is alfo alledged; and that he the faid R. P. mifed to plain afterwards demifed the faid place in which, &c. with the appurtetiff to hold, &c. nances, to the faid William, as in the faid avowry is alfo alledgand at the time ed, and that he the faid William entered into the faid place in when, &c. was which, &c. with the appurtenances, in manner and form as the poffeffed there- faid William has above in his faid avowry alledged; but protestof, and put in ing that the faid William was not at the faid time when, &c. pofdefendant de in. feffed of the faid place in which, &c. in manner and form as the juria jua, &c. faid William hath in his faid avowry alledged: for plea in this behalf, the faid Edward further fays, that long before the faid time when, &c. and during the term fo demifed by the faid R. P. to the said William, to wit, on the fixteenth of November 1784, at the township of Longdon, within the parish of Pentesbury, in the faid county of Salop, he the faid William demifed the faid place in which, &c. with the appurtenances, to the faid Edward, to have and to hold the fame to the faid Edward from the faid fixteenth of November in the fame year, until and upon the feaft-day of the Annunciation of the Bleffed Virgin Mary then next coming and fully to be complete and ended, at and under a certain. rent to be therefore paid by the faid Edward to the faid William; by virtue of which faid demife he the faid E. long before the faid time when, &c. to wit, on the fame day and year laft aforesaid, entered into the faid place in which, &c. with the appurtenances, and became, and until and at the faid time when, &c. was poffefled thereof, and being fo poffeffed thereof he the faid E. afterwards, and during the continuance of the faid demife from the faid William to the faid E. made as aforefaid, and before the faid time when, &c. to wit, on the faid nineteenth of November 1784, put the faid mare in the faid declaration mentioned in the faid place in which, &c. to feed and depafture on the grafs there then growing, and which faid mare was in and upon the faid place in which, &c. feeding and depafturing on the grafs there then growing, from thence until the faid William of his own wrong, at the faid time when, &c. being during the continuance of the laid demife from the faid William to the faid Edward made as aforefaid

at

at the township of Longdon aforefaid, in the county aforefaid, took the faid mare in the faid declaration mentioned, in and upon the faid place in which, &c. and detained her against fureties and pledges, until, &c. in manner and form as the faid Edward hath above thereof complained against him; and this, &c.; wherefore inasmuch as the faid William hath above acknowledged the taking of the faid mare in and upon the faid place in which, &c. he the faid Edward prays judgment and his damages by reafon of the taking and unjustly detaining the faid mare to be adjudged to him, &c. EDWARD LAw.

mife should be

the cattle of A.

And the faid William, as to the faid plea of the faid Edward by Replication, adhim above pleaded in bar to the faid avowry of him the faid Wil- mits the demife liam by him above made, fays, that he by reafon of any thing in to defendant,but fays it was made that plea contained ought not to be barred from having and main- in confideration taining his faid avowry against him the faid Edward; because he of a fum of mo fays, that true it is that he the faid W. demifed to the faid E. the ney paid by faid place in which, &c. with the appurtenances, and that the faid plaintiff to deF. thereupon entered into the fame in manner and form as the faid fendant, and under a provifo, E. hath in his faid plea by him above pleaded in bar alledged; but that if the cat. the faid W. further fays, that at the faid demife fo made by the faid tle of one A. B. W. to the faid E. as aforefaid, was made by him the faid W. to the were turned infaid E. in confideration of a certain fum of money paid for the to locus, the defame by the faid E. to the faid W. and upon this exprefs provifo, void, and upon condition, and agreement, that is to fay, that if any cattle of and defendant's rebelonging to one Thomas Thompfon, of the parish of Pentesbury, paying confide. in the faid county, fhould be turned into the faid place in which, ration money he &c. with the appurtenances, to feed and depafture there, that might re enter; then, and in fuch cafe, the faid demife, fo made by the faid W. to B. were turned the faid E, fhould be from thenceforth wholly void, and ceafe, and into locus, debe determined; and that thereupon, and immediately from and fendant tenderafter the repayment by the faid W. to the faid E. of the faid fum of ed the confidemoney fo paid by the faid E. to the faid W. upon the granting of and re-entered, the faid demife, and in confideration of the fame, then that it and because the fhould and might be lawful to and for him the faid W. to re-enter cattle were da. in and upon the faid place in which, &c. with the appurtenances, mage fealant, and to have, hold, repossess, enjoy, and retain the fame as his own former eftate, without any regard being had to the faid demife thereof fo made by the faid W. to the faid E. to which faid provifo, condition, and agreement, fo made as aforefaid, at the time of the granting fuch demife of the said place in which, &c. to the the faid E. he the faid E. fully affented: And the faid W. further fays, that after the making of the faid demife and agreement fo made as aforefaid, and after the entry of the faid E. into and upon the faid place in which, &c. and fo demifed to him in manner and upon the provifo, condition, and agreement aforefaid, and during the continuance of the faid demife fo made by the faid W. to the faid E. as aforefaid, and long before the faid time when, &c. to wit, on the feventeenth of November 1784, divers cattle, to wit,

One

ration money,

&c.

Declaration.

Plea in bar, that

one cow and two calves of and belonging to the faid Thomas Thompson, were turned into the faid place in which, &c. and were then and there fed, and depaftured there, with the privilege, confent, and licence of him the faid Edward; thereupon the faid demife, fo made by the faid W. to the faid E. as aforesaid, became wholly void, and ceafed, and determined, to wit, at the townfhip of Longdon aforefaid, in the faid county: And the faid W. further fays, that the faid demife, being fo void, and having ceafed and determined as aforefaid, in manner and by reafon of the premifes laft aforefaid, he the faid W. afterwards, and before the faid time when, &c. to wit, on the fame day and year laft aforefaid, at, &c. tendered and offered to pay to the faid E. the faid fum of money, fo paid by the faid E. to the faid W. upon the granting of the faid demife, fo made as laft aforefaid, and in confideration of the fame, and then and there requested the faid E. to accept and receive the fame from him; but the faid E. then and there wholly refused fo to do: And the faid W. further fays, that he the faid W. after fuch tender and refufal aforefaid, and before the faid time when, &c. to wit, on the fame day and year laft aforefaid, re-entered into and upon the faid place in which, &c. with the appurtenances, and then and there became re poffeffed thereof, and had held, retained, and enjoyed the fame, and hath continually from thenceforth hitherto had, held, retained, re-poffeffed, and enjoyed the fame, as he lawfully might for the caufe aforefaid; and because the said mare in the faid declaration mentioned, after fuch tender, and refufal, and re-entry by the faid W. as aforefaid, into and upon the faid place in which, &c. to wit, at the faid time when, &c. was wrongfully and injuriously in the faid place in which, &c. eating up and depafturing the grafs there growing, and doing damage there, he the faid William well avows the taking of the laid mare in the said place in which, &c. and justly, &c. for and in the name of a distress for the faid damages fo by the faid mare then and there done and doing to the faid W. in the faid place in which, &c.; and this, &c.; wherefore, &c.

Drawn by MR. CROMPTON.

SOMERSETSHIRE, to wit. James Jarman was attached. to answer William Hardwell, &c. for taking three horses in the parish of Thubbear in the said county, in a certain field or place there called Jarman's Verding.

Avowry. Damage feasant.

And the faid William, as to the faid avowry of the faid James locus adjoins a by him above made, fays, that by reafon of any thing in that

clofe, and di

vided there from by a hedge or fence in which there is a fence and gateway leading from locus into the faid clefe; that the tenants of locus ought to repair the faid gate and gateway, and keep the gate shut; that plaintiff, being poffeffed of the faid clofe, put his cattle therein, and because the gate was open the cattle escaped. A 2d Plea, that locus adjoins the clofe (as before) plaintiff poffeffed of close and put in his cattle, and because defendant had wrongfully fet open the gate, &c.