with rain water, to be used and expended in the faid refpective meffuages by the respective owners of the faid refpective meluages for the time being, for their respective uses in common, until the dividing and parting of the faid ciftern and reservoir hereafter mentioned, and which faid ciftern or refervoir always from the time of the first digging and making thereof until the divifion and parting thereof hereafter mentioned, was one whole and entire ciftern or refervoir for the purposes aforefaid, without any divifion whatfoever, and which faid ciftern or refervoir was, before the commitment of the grievance hereafter mentioned, and during the occupation and poffeffion of the faid plaintiff and defendant refpectively of their faid refpective meffuages, to wit, on, &c. at, &c. aforefaid, divided between the faid plaintiff and defendant by and with their mutual confent, by a certain wall erected in and across the faid ciftern or refervoir, and by the faid plaintiff and defendant allotting (between themfelves) one part of the faid cistern or refervoir to the fole ufe of the occupier of the faid meffuage, now of the faid defendant for the time being, and the other part of the faid ciftern or refervoir to the fole ufe of the occupier of the said meffuage, now of the faid plaintiff for the time being, and by the placing and fixing a certain leaden box with two fpouts upon the faid wall, a little below or under the main spout or pipe, fo conveying the faid rain water from the faid refpective. tops of the faid refpective meffuages into the faid ciftern or refervoir, so that the said rain water might for the then future run out of the faid main fpout or pipe into the said leaden box in an exact level, and from thence in an equal degree out of the faid leaden box by and through the faid refpective fpouts of the faid leaden box refpectively into the faid refpective parts of the faid ciftern or refervoir so respectively allotted to the faid plaintiff and defendant, as the relpective occupiers of the faid refpective mefluages, one of the faid fpouts of the said leaden box letting out the taid rain water into that part of the faid ciftern or refervoir allotted to the faid plaintiff, and the other of the said spouts letting out the said rain water into the faid part of the faid ciftern or reservoir so allotted to the faid defendant, and by reafon of the faid dividing, parting, and allotting of the faid ciftern or refervoir in manner aforefaid, ever fince the faid dividing and parting of the faid ciftern or refervoir hitherto, the faid rain water conveyed as aforefaid from the said tops of the faid refpective mefluages into the faid leaden box, ought to have run in great plenty and abundance from and out of the faid leaden box through the fpout of the faid leaden box, being next the faid meffuage of the laid plaintiff, into that part of the faid ciftern or refervoir to allotted to the faid plaintiff for the neceflary fupplying of the faid plaintiff and his family, fo rending and dwelling in his faid meluage, with rain water, to be fpent and uted by them in and upon the faid meffuage of the faid plaintiff, in and about the neceflary ufes of the faid plaintiff and his family there; yet the said defendant, well knowing, &c. but contriving, &c. to hurt, injure, and prejudice the faid plaintiff, and to deprive him Nn 2

of

Declaration

at

landlord of two

of the benefit and advantage of his faid allotment of the faid cif tern or refervoir, and of the faid rain water which from and after the faid divifion and parting of the faid ciftern or refervoir, out to have run and come by the means aforesaid into that part of the faid ciftern or refervoir fo allotted to the faid plaintiff as aforesaid, while he the faid plaintiff was fo poffeffed of his faid meffuge as aforefaid, and inhabited therein with his family as aforefaid, and after the faid divifion and parting of the faid ciftern or refervoi as aforefaid, and after the faid placing and fixing of the faid lea den box upon the faid wall for the purpofe aforefaid, and before the day of exhibiting, &c. to wit, on the faid, &c. at, &c. in, &c. aforefaid, wrongfully, &c. by then and there wrongfully, &c. putting, &c. and caufing and procuring, &c. certain ftays, props, nails, and wedges, under that part of the said leaden box fo placed and fixed upon the faid wall for the purpofe aforefaid, which fo was to convey and ought to have conveyed the rain water into that part of the faid ciftern or refervoir which was and had been on the faid divifion allotted to the faid plaintiff in refpect of his fad meffuage as aforefaid, and thereby, &c. raifing and keeping railed therewith on that fide of the leaden box next to that part of the faid divided ciftern or refervoir fo allotted to the faid plaintif higher than that fide of the faid leaden box next the part of the faid ciftern or refervoir fo allotted to the faid defendant as aforefaid, by means whereof that part of the faid rain water which during all that laft-mentioned time ought to have run out of the faid leaden box into that part of the faid ciftern or refervoir so allotted to the faid plaintiff as the occupier of his faid meffuage, was prevented and hindered from running into the faid part of the faid ciftern or refervoir fo allotted to the faid plaintiff as aforefaid; and the faid plaintiff thereby, during all that time, hath loft and been deprived of the benefit of that part of the faid rain water which during that laft-mentioned time ought to have run out of the faid leaden box into the faid part and divifion of the faid ciftern or refervoir foal lotted to him as aforefaid, and could not have or enjoy the beneft of that part of the faid rain water, or of his faid allotment of the faid ciftern or refervoir in fo large, copious, and beneficial a manner as he, during all that time, ought to have had and enjoyed the fame. Damages forty pounds, &c.

The defendant pleaded not guilty, but the plaintiff had a verdict with one fil damages and cofls. Drawn by MR. WARREN.

MIDDLESEX, to wit. J. S. complains of J. H. being, &c.; the fuit of the for that whereas the faid J. S. on the first day of May A. D. houfes, for build- 1770, and before, was, and yet is feifed of and in divers, to wit, ing fo near to two dwelling-houfes, with the appurtenances, fituate, ftanding, them as to ob- and being in the parish of St. Ann, Limehoufe, otherwile St. Ann, in the county of Middlefex, in his demefne as of fee, which

Aruct the win. dow lights.

faid dwelling-houfes, during all the time afçrefaid, were in the ' refpective tenures or occupations of R. B. and one J. D. as tenants thereof to the faid J. S.: And whereas during all the time aforefaid there were, and of right ought to have been, and yet are ard of right ought to be divers, to wit, four windows on the east fide of the faid dwelling-houfes in the cccupation of the faid R. B. and divers, to wit, two windows on the east fide of the said dwelling-houfe in the occupation of the faid J. D. through which faid windows refpectively the light on the faid, &c. came and entered, and of right ought to have come and entered, and from thence hitherto of right ought to come and enter into the faid dwelling-houfes refpectively; yet the faid J. H. well knowing, &c. but contriving, &c. to aggrieve the faid J. S. in this behalf, and to obstruct and hinder the light from entering and coming through the faid windows into the faid dwelling-houfes refpectively, and to injure the faid J. S. in his hereditary eftate of and in the faid dwelling-houfes refpectively, whilft the faid J. S. was fo feifed of the faid dwelling-houfes refpectively, and the faid dwellinghouses were to be occupied by the faid R. B. and J. D. refpectively, as tenants thereof to the faid J. S. as aforefaid, to wit, on the twenty-eighth day of September, A. D. 1771, at &c. &c. wrongfully and injuricufly erected and built, and caused, &c. a certain erection and building of great height and length, to wit, of the height of twenty-fix feet, and of the length of fifty-fix feet, and from thence hitherto hath wrongfully and injuriously kept and continued the faid erection or building erected and built fo near unto the faid dwelling-houfes of the faid J. S. refpectively, that by reafon thereof the light, during all the time laft aforesaid, hath been and yet is obftructed and hindered from entering through. the faid windows into the faid dwelling-houfes refpectively, in fo ample and beneficial a manner as it ought to have done, and the faid refpective dwelling-houfes of the faid J. S. were and are thereby greatly disturbed, and are greatly darkened, and are greatly injured, &c. in value, and the faid J. S. is greatly prejudiced in his hereditary eftate of and in the fame, to wit, at the faid, &c. in, &c. And whereas the faid J. S. on the faid, &c. and before, ad Count, rain was and yet is feised in his demefae as of fee of and in divers, to water falling wit, two dwelling-houfes and two yards, with the appurtenances, fituate, &c. at, &c. in, &c. ; which faid laft-mentioned dwellinghouses and yards, during all the time aforefaid, were in the refpective tenures or occupations of the faid R. B. and J. D. as tenants thereof to the faid J. S.: And whereas alfo the faid J. H. on the fame, &c. and before, was poffeffed of and in a certain piece or parcel of ground lying near unto the faid laft-mentioned dwellinghoufes of the faid J. S. towards the weft, and divided therefrom by a certain way or paffage, to wit, at, &c, in, &c.; and the faid J. being fo feifed of and in the faid last-mentioned dwelling-houfes and yards, and the faid J. H. being fo poffeffed of the faid ground, with the appurtenances, as aforefaid, he the faid J. H. afterwards, to wit, on the faid, &c. at, &c. wrongfully and injurioufly newly erected and built, and caufed, &c. a certain erection or

frem new erec

tions.

building, partly upon his faid ground, and partly upon the faid way or paffage nearer to the faid dwelling houfes and yards of the faid J. than any building had ever before been erected or built, and hath contrary from thence hitherto continued the faid erection or building fo there wrongfully and injurioufly erected and built; yet the faid J. H. well knowing, &c. aforefaid, but contriving, &c. to injure and aggrieve the faid J. in his hereditary eftate of and in his faid laft-mentioned dwelling-houfes and yards refpectively on the fame, &c. at the faid, &c. fo fituated his faid new erection or building, and erected and built the fame there in such a manner and fo near unto the faid dwelling-houses and yards of the faid J. that the rain water which from time to time, from the time of the erecting and building of the faid erection or building of the faid J. H. hitherto hath defcended and fallen on and upon the faid new building or erection of the faid J. H. hath run and flowed from thence on and upon the faid laft-mentioned dwelling-houfes and yards of the faid J. refpectively, whereby the fences of the faid latt-mentioned dwelling houfes and yards of the faid J. refpectively are greatly damaged, decayed, rotted, and fpoiled, and the fame mefluages and yards refpectively are rendered of lefs ufe to the tenants of the faid J. as occupiers thereof, and the said J. during all the time laft aforefaid, hath been and yet is greatly injured in his hereditary eftate of and in the faid laft-mentioned dwelling-houses and yards refpectively, and the tenants of the faid J. of and in the faid refpective dwelling-houfes and yards, have threatened and are about to leave the fame, to wit, at, &c.: And whereas allo 3d Count, ob- the faid J. on, &c. was, and continually from thence hitherto hath Aructing paffage been, and ftill is feifed of and in divers, to wit, two other, &c. fttuate, &c. in the refective, &c. and by reafon thereof the faid J. during of the time aforefaid, of right ought to have had, and yet of right ought to have for his tenants, occupiers of the faid laftmentioned dwelling-houfes refpectively, a certain way from a certain ftreet at, &c. called Philpot-street, otherwife Ropemaker's-fields, into and along a certain court or yard unto the faid laft-mentioned dwelling-houfes of the faid J. refpectively, and fo back again by the fame way from the faid laft-mentioned dwelling-houfes of the faid J. refpectively, unto and into the said street, to go, pafs, and repafs on foot at all times of the year, at their free will and pleafure; yet the faid J. H. well knowing, &c. but contriving, &c. to aggrieve the faid J and to injure him in his heredi tary eftate of and in the faid laft-mentioned dwelling-houfe, and to deprive the tenants of the faid J. occupiers of the faid l.ftmentioned dwelling-houfes refpectively, of the ufe and enjoyment of the faid way or paffage on the faid, at, &c. aforefaid, wrongfully and injuriously erected, built, and fet up, and caufed, &c. a certain reffuage or building in and upon a great part of the faid court or yard, and kept and continued the fame fo there erected, built, and fet up, for a long time, to wit, from thence hitherto, &c. till encroached upon the faid court or yard, by reafon whereof

or way.

the

he faid way or paffage, during all the time last aforesaid, hath been and is rendered fo ftrait and narrow, that the faid tenants of the faid J. occupiers of the faid laft-mentioned dwelling-houses of the faid J. refpectively, could not have the use and enjoyment of the faid way or paffage in fo ample and beneficial a manner as they ought to have had, and the faid laft-mentioned dwelling-houses of the faid J. refpectively are thereby rendered almoft ufelefs, and the hereditary eftate of the faid J. of and in the faid laft-mentioned dwelling-houfes refpectively, is greatly diminished in value, and the tenants of the faid J. occupiers of the faid laft-mentioned dwelling-houses refpectively, daily threaten to leave the fame, to wit, at, &c. aforefaid: And whereas alfo [ftate that the plaintiff 4th Count, pulwas feifed of two dwelling-houfes, &c. as in the laft Count]; by ling down privy reason thereof the faid J. during all the time aforefaid of right to the houses. ought to have had, and yet ought to have for his tenants and occupiers of the faid laft-mentioned dwelling-houses refpectively, the ufe and privilege of a certain privy or houfe of office fituate, &c. near unto the faid laft-mentioned dwelling houfes of the faid J. at all times of the year at their free will and pleasure, as belonging and appertaining to the faid laft-mentioned dwelling-houfes refpectively of the faid J.; yet the faid J. H. well knowing, &c. but contriving, &c. to aggrieve the faid J. and to injure him in his hereditary eftate of and in the faid laft-mentioned dwellinghouses refpectively, and to deprive the tenants of the faid J. occupiers of the faid laft-mentioned dwelling houfes refpectively, of the ufe and enjoyment of the faid privy or houfe of office on the faid, &c. at, &c. aforefaid, wrongfully, &c. pulled down, threw down, proftrated, and destroyed, and caufed, &c. part of the said privy or houfe of office, and kept and continued a great part of the faid privy or houfe of office there fo pulled down, &c. for a long time, to wit, from thence hitherto, by reafon whereof the Occupiers of the faid laft-mentioned dwelling-houfes of the faid J. refpectively, during all the time laft aforelaid, have been deprived of the ufe and enjoyment of the faid privy or house of office, and could not use the fame in fuch manner as they of right ought to have done and ought to do, and the faid last-mentioned dwelling-houses of the faid J. refpectively are rendered almost ufelefs, and the hereditary eitate of the faid J. of and in the faid laft-mentioned dwelling-houfes refpectively, is greatly diminished in value, to wit, at the faid, &c. in, &c. aforefaid; whereupon, the faid J. faith he is injured, and hath fuftained damage to the value of two hundred pounds, and therefore he brings fuit, &c. W. BALDWIN.

at

SURRY, to wit. Robert Bruce, late of, &c. jailor, was at- Declaration tached to answer unto William Bryant, Mary his wife, and Sa- the fuit of corah Morris, in a plea of trefpafs on the cafe; and thereupon the parceners in fee of copyhold premifes, and the husband of one of them, for cutting down trees, and digging in the foil with a conver fion,

Nn4

faid