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Vet. Int. 94
Bar, protesting that tenements are not held hy homage and fcutage; plea, that he
holds of defendant by fealty and rent of four shillings, of which rent nothing is in arrear for the four first years in the avowry, and that at the time of the taking offered four shillings for rent of the fifth year, which defendant refused, and took the cattle, and traverfes that defendant was feised of the rent of eleven thillings, unleis once by distress ; rep'ication, that the rent of eleven thillings was in arrear for four years, and that he was feised of rent of eleven thil.
lings without distress, Ra. Ent. Bar, that he holds by fealty, rent of two shillings and other services alledged of,
which nothing except nine shillings of rent of eleven shillings was in arrear, and as to faid nine shillings defendant otherwise diftrained plaintiff's beasts, and detained them until he paid, and so defendant was feised by distress, and traverses
that he holds by the entire services in the Count, Ra. Ent. 577: Avowry by king's bailiff for suit of court unperformed by an abbot for ten years,
Ra. Ent. 573. Vel. Int. 48. That W. held lands of defendant by fealty, rent, and suit of court, and defendant
was feised of fealty and rent, W. enfeoffed plaintiff of lands, and defendant
avows for fuit in court. P. 4. E. 3. 26. Avowry by tenant in dower of one feised of manor within the hundred, alligned to
defendant for dower, where plaintiff, by reason of the manor, ought to do suit at the hundred, and because suit of court was undone for three years avows for
half a year, M. 5. E. 3. 3. That plaintiff holds lands of defendant by certain services, and avows for suit of
court undone, Upp. 91. Her. 628. That plaintiff's father was seised of one parcel of land called B. and another called
c. and held of B. by fealty and rent, and C. by fealty, rent, and suit of court, and lord of the manor, customary heriot for another of them, and avows for two cows and a calf produced within the time ; plea, that the father did not die
feifed, Co. Ent. 613. That plaintiff's father held land of defendant by fealty, suit of court, and heriot,
and avows for beriot; plea, that J. feised of the messuage and lands whereof, &c. held of defendant by faid services, enfeoffed defendant and plaintiff's father of another part, which descended to plaintiff: demurrer, 8. Co. 103. As to one ox non cepit, as to the other that he took it for an heriot; plea, hors de fon fee, UI10
That T. feised of the manor, had free foldage throughout the vill, and if any
person erected a fold defendant pulled it down, and took the hurdles damage feasant, per quod, &c.; bar, that plaintiff, feifed of another manor in the same
vill, had foldage without interruption, and traverses the prescription, Upp. That defendant by the custom of the manor was elected surveyor of the fields, and
took the cattle damage feasant in ten acres of land, contrary to an ordinance made in the court; bar, that R. being feised, demised to plaintiff, and traverses
the ordinance, 1. Br. 160. That mayor, &c. of H. had toll of skins sold in market, and defendant being mayor
took the kins for roll withheld ; bar, that plaintiff was a burgess of B. and so quit of toll in H. and elsewhere throughout the county by prescription ; replication,
maintaining avowry, traverses prescription, Upp. 107. That the dean, &c. feised of a manor, had a market in the vill, and toll of cattle
fold, and dịftrained for toll unpaid; manor demised to G. who alligned to defendant, who avows for toll of a cow sold ; replication, de injuria, and traverses
prescription of toll, Her. 670. By an abbot, for goods waived, Her. 676,
RENTS BY PRESCRIPTION.
Avowry by parson for rent issuing out of mesuage, by prescription and distress for
it; plea, de injuria propria, and traverses that the parson was seiled of the rent by preicription, Ra. Ent. 557. Similar avowry; plea, de injuria, &c. and traverses that parfon diftrained for rent, prescription, Ibid. 558. Similar avowry by prior for rent iffuing out of twenty acres of land by prescription; plea, that plaintiff held the said twenty acres of land of prior by fealty; rent at four shillings, and suit of court, and traverse that prior was feised of rent, fix shillings
and eightpence as of rent charge by prescription, Ra. Ent 557. UDP: 79.115. 143. That J. feised of rent by prescription, issuing out of the shop or liall in the city,
devised it to W. who granted in fee to the chapter of Canterbury, who avow
for rent unpaid, Ra. Ent. 558. That defendant was feised of rent by prescription issuing out of locus in quo, and the
usage was to diftrain for it; plea in bar, that plaintiff was feised of lands charged with che rent, and traverses the seilin of the rent by prescription and distress for
it, 1. Br. 20. That B. seised of the manor of L, and J. feised of the manor of S. every seventh
year had twenty pounds from the tenants of the manors for talliage called Horne Geld, Afh. 392,
PRESCRIPTIONS CUSTOMS TOLLS.
That defendant, feised of the manor, had effray by prescription, and took the mare
as eftray, which he offered to deliver plaintiff on being demanded, if plaintiff would content defendant for departuring her; plaintiff refused, and defendant avows; bar, de injuria, &c. and traverses that defendant was seised of the manor;
judgment by nil dicit, Br. R. 414. That bihop, being feiled of the manor, had toll throughout the year of all mer.
chandizes whatloever to be carried through the manor to certain puts of the kingdom, and distrained for toll unpaid; plea, de injuria, and traverses the pre
fcription, Mo. Ent. 322. Avowry as bailiff of infaat heirs admitted by guardian to the court of the manor of
defendant; plea, that the father by will committed the custody of the infants to ano her; replication, confesses, &c. but says, that according to the custom, Sc. it belongs to him to aflign a guardian to such infants, &c. ; demurrer, 2. Lut.
1181. Avowry by leflees for years, damage feasant; plea in bar, that prebendary, being
seised, &c. had a bull to go freely into any lands within the parith without impounding, prebendary demised to plaintiff for three lives; replication, main. taining the avowry, and traverses prescription, 3. Br. 352.
ON STATUTES AND FOR DISTRESSES.
Cognizance on statute Car. 2. for regulating militia, Clif. 366.
huibandry, Ra. Ent. 576. For levying an affeilment made on plaintiff by commiffioners of sewers; replication, de injuria, &c. Her. 642. Avowry for taking cattle by virtue of commissioners of iewers as bailiff of earl L. Bro. R. 417. ;
replication, de injuria, &c. and issue. Avowry, finding goods, &c. occupying much room, damage feasant and cepit in
name of a distress, 1. Bro. 312. Arowry, defendants plead that plaintiff is a distiller, and did not make due entries
in the excise oflice, according to 13. Car, 2. juflities by warrant of justices of
peace till the plaintiff paid twenty shillings in redemption ; bar, that E, A. was poilessed of the goods, and made his will, and continued poffeffed till defendants
took them de inju įa, &c. Lev. Ent. 152. That defendani hold, lands within the level by decree of commissioners of sewers
for forty years ; demurrer, Co. Ent, 293. Avowry, according to statute 32. Hen. 8. for rent by executors, Clif. 646.
VII. Declarations, Plea of Non Cepit, &c. and Avowries. Writs, Process, and other Detached Proceedings in Replevin. VOL. VIII. Page 126. Declaration for taking plaintiff's cattle, and goods of
plaintiff, in a place called B. 141. Declaration in c. B. in replevin, for taking plaintiff's
oats, barley, pease, beans, &c.; demurrer, that locus
is not properly described, nor the number or kind of 142. cattle specified ; joinder in demurrer. 142. DEMURRER, that lacus is not described in the declara
tion, 142. Demurrer general to avowry and cognizance. 143. Demurrer to cognizance, that it is not stated how the
rent became due, or that any was in arrear. 143. Cause of demurrer to an avowry, for that the tenant at
will has not shewn who has the freehold.
than that mentioned in the declaration, when it should
only avows on a paljessory title.
imparlances, judgment by default, de retorno ha-
were eloigned, Writ de retorno habendo awarded. 145. Writ upon a judgment de retorno habendo irreplevisa
ble in the common pieas. 146. Writ upon a retornó habendo in an hundred court ;
bailiffs return that the goods were eloigned. 147. JUDGMENT by default for want of a plea, and award
of enquiry to the sheriff of damages in replevin. 148. Appearance in replevin by defendant, and for default
of plaintiff judgment de retorno babendo. 148. Judgment de retorno habendo for want of plea to an
avowry. 149. Judgment for defendant de retorno habendo for want of
plea to avowry, with costs of the defence and award
avowant de retorno habendo, for want of plea to his
want of a plea in bar to avowry, for rent in arrear,
PRECEDENTS in VII.
Books of PRACTICE Page
REPORTERS, &c. Sheriff's return to the writ of enquiry, finding the value of the goods distrained to be less than the rent,
distrained for judgment for the value of the goods 154. Scire facias again bail in replevin in C. B. where pro
ceedings had been removed by re. fa. lo. out of the
Scire Facias, proceedings in, poft.)
de retorno habendo for want of plea to the avowry
goods should not be taken in lieu of those eloigned; 157. JUDGMENT against the bail in replevin de bonis pro
priis upon default of appearance after Theriffs return
to him, their own goods should not be taken in lieu
court, and removed by re. fa. lo. jor. Writ of enquiry under the statute 18. Car. 2. upon a
judgment on a demurrer to the cognizance for rent Joi. Count on a recordari facias, in order to have costs,
where the damage is under forty shillings 161. Plea in abatement in replevin of privilege by an t
verses plaintiff's property,
Proceedings in replevin ; plaint levied in the inferior
court; removed by re. fa.lo. into B. R.; declaration
in replevin; cognizance as bailiff diftraining for rent, 3, 4:
&c.; imparlance ; writ of retorno habendo. 9 Plaint in replevin removed by re. fa.lo. into B. R.; 10, 11. plea in bar; default in not rejoining ; judgment de
retorno habendo. 13,14. Proceedings in replevin; plaint removed by re. fa. lo. 19. declaration ; avowry for rent ; replications ; de.
murrers ; judgment for avowant; retorno habendo. 22,23. Proceedings in replevin ; plaint; re. fa. lo. ; judg
ment de retorno habendo ; writ of retorno habendo ;
PRECEDENTS in VII.
Books of PRACTICE, Page
REPORTERS, &c. 24. 26. Plaint ; declaration ; avowry; judgment de retorno
babende 376. Plea in bar, that the cattle replevied were distrained
damage feasant, and not for rent in arrear. Declaration in replevin for seizing cattle ; avowry and coga
nizance by the freeholder in his own right, and as baili. to another, for damage feasant; plea in bar, that the locus in quo is a copyhold, held of the manor of Bulhy, of which the defendant and he to whom he is bailiff were lords, and that they demised the same to the plaintiff by copy of court roll, and he being seised thereof, put in his cattle there, when the defendant distrained them; replication, admitting that the locus in quo is held of the manor, and the defendants were lords thereof, and granted the same to the plaintiff, and that he was feised thereof, as alledged ; says, that upon such grant to him a fine was assessed, of which he had notice, but refused to pay, and thereby forfeited the fame, upon which forfeiture the defendant entered; and because the cattle in the declaration mentioned, after such entry, were in the locus in quo trespafling, defendants diftrained them damage feasant; rejoinder, protesting againit the reasonableness of the fine alledged; a custom within the manor that every tenant admitted to cuitomary land, should pay the value of a year's rent, and no more, by way of fine ; that the lends in question were worth only so much, and that the plaintiff tendered to one of the lords of the manor thereof, which he refused to accept; special demurrer, that the value of the lands re. mained'in estimation, and that the pretended custom was uncertain; joinder in demurrer, and judgment for the plaintiff; inquiry awarded and final judgment.
Lill. Ent. 371. 374 Declaration in c. B. in replevin for a mare taken in the
king's bighway; cognizance as bailiff of lord L. the loCus in quo his freehold, and the mare there damage feasant; traverle, not taken in the king's highway; general demurrer in abatement to the plea , joinder, continuance by cur. ad vult. ; judgment for the plaintiff in replevin ; award of enquiry, and return, and final judgment for damages and costs; assignment of errors ir. B. R.; ift, general ; 2d, no original ; 3d, no warrant of attorney ; several certioraris ; prayed rule to return them; chief justice, custos brevium of C.B. non mifit breve, in nullo eft erratum pleaded, and judgment affirmed, and for colts in error, Declaration for taking his cattle in the road ; avowry, for
çamage feasant in the four acres, so took them there, and drove them along the road to impound them ; plea in bar,
that the road is not parcel of the four acres, Declaration for taking a mare in the highway ; cognizance,
damage feasant; plea, maintaining the declaration; de. murrer; joinder; judgment for the plaintiff; enquiry awarded'; final judgment; general errors aforesaid; as
Lill, Ent. 351