Bar, protefting that tenements are not held by homage and fcutage; plea, that he holds of defendant by fealty and rent of four fhillings, of which rent nothing is in arrear for the four firft years in the avowry, and that at the time of the taking offered four fhillings for rent of the fifth year, which defendant refused, and took the cattle, and traverfes that defendant was feifed of the rent of eleven fhillings, unless once by diftrefs; replication, that the rent of eleven fhillings was in arrear for four years, and that he was feifed of rent of eleven fhillings without distress, Ra. Ent. 575. Vet. Int. 94.

Bar, that he holds by fealty, rent of two fhillings and other fervices alledged of, which nothing except nine fhiliings of rent of eleven fhillings was in arrear, and as to faid nine fhillings defendant otherwife diftrained plaintiff's beafts, and detained them until he paid, and fo defendant was feised by diferefs, and traverfes that he holds by the entire fervices in the Count, Ra. Ent. 577.

Avowry by king's bailiff for fuit of court unperformed by an abbot for ten years, Ra. Ent. 573. Vet. Int. 48.

That W. held lands of defendant by fealty, rent, and fuit of court, and defendant was feifed 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 feifed of manor within the hundred, affigned to defendant for dower, where plaintiff, by reason of the manor, ought to do fuit 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 fervices, and avows for suit of court undone, Upp. 91. Her. 628.

That plaintiff's father was feifed 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 fuit of court, and lord of the manor, cuftomary 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, fuit of court, and heriet, and avows for beriot; plea, that J. feifed of the meffuage and lands whereof, &c. held of defendant by faid fervices, enfeoffed defendant and plaintiff's father of another part, which defcended 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, Upp. 110.

PRESCRIPTION CUSTOMS,

That T. feifed of the manor, had free foldage throughout the vill, and if any perfon erected a fold defendant pulled it down, and took the hurdles damage feafant, per quod, &c.; bar, that plaintiff, feised of another manor in the fame vill, had foldage without interruption, and traverses the prescription, Upp.

106.

That defendant by the custom of the manor was elected furveyor 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 seised, demised to plaintiff, and traverses the ordinance, 1. Br. 160.

That mayor, &c. of H. had toll of fkins fold in market, and defendant being mayor took the fkins for toll withheld; bar, that plaintiff was a burgefs of B. and fo quit of toll in H. and elfewhere throughout the county by prefeription; replication, maintaining avowry, traverfes prefcription, Upp. 107.

That the dean, &c. feifed of a manor, had a market in the vill, and toll of cattle fold, and diftrained for toll unpaid; manor demifed to G. who affigned to defendant, who avows for toll of a cow fold; replication, de injuria, and traverses prefcription of toll, Her. 670.

By

an abbot, for goods waived, Her. 676,

RENTS

RENTS BY PRESCRIPTION.

Avowry by parfon for rent iffuing out of meffuage, by prefcription and diftrefs for it; plea, de injuria propria, and traverfes that the parfon was feifed of the rent by prefcription, Ra. Ent. 557. Similar avowry; plea, de injuria, &c. and traverfes that parfon diftrained for rent, prefcription, Ibid. 558. Similar avowry by prior for rent iffuing out of twenty acres of land by prefcription; plea, that plaintiff held the faid twenty acres of land of prior by fealty; rent at four fhillings, and fuit of court, and traverfe that prior was feifed of rent, fix fhillings and eightpence as of rent charge by prefcription, Ra. Ent 557. Upp. 79. 115. 143. That J. feifed of rent by prefcription, iffuing out of the fhop or ftall in the city, devifed it to W. who granted in fee to the chapter of Canterbury, who avow for rent unpaid, Ra. Ent. 558.

That defendant was feifed of rent by prefcription iffuing out of locus in quo, and the ufage was to diftrain for it; plea in bar, that plaintiff was feifed of lands charged with the rent, and traverses the feifin of the rent by prescription and diftrefs for it, 1. Br. 20.

That B. feifed of the manor of L. and J. feifed of the manor of S. every seventh year had twenty pounds from the tenants of the manors for talliage called Horne Geld, Ab. 392,

PRESCRIPTIONS CUSTOMS TOLLS.

That defendant, feifed of the manor, had efray by prescription, and took the mare as eftray, which he offered to deliver plaintiff on being demanded, if plaintiff would content defendant for depafturing her; plaintiff refused, and defendant avows; bar, de injuria, &c. and traverfes that defendant was feifed of the manor; judgment by nil dicit, Br. R. 414.

That bishop, being feifed of the manor, had toll throughout the year of all merchandizes whatfoever to be carried through the manor to certain parts of the kingdom, and diftrained for toll unpaid; plea, de injuria, and traverses the prefcription, Mo. Ent. 322.

Avowry as bailiff of infant 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 another; replication, confeffes, &c. but fays, that according to the custom, Sc. it belongs to him to affign a guardian to fuch infants, &c.; demurrer, 2. Lut.

1181.

Avowry by leffees for years, damage feafant; plea in bar, that prebendary, being feifed, &c. had a bull to go freely into any lands within the parish without impounding, prebendary demifed to plaintiff for three lives; replication, maintaining the avowry, and traverfes prefcription, 3. Br. 352.

ON STATUTES AND FOR DISTRESSES.

Cognizance on ftatute Car. 2. for regulating militia, Clif. 366,
Avowry on flatute 4. Hen. 7. for agriculture, Pl. Gen. 598.

Avowry for moiety of profits of the land on ftatute for maintenance of houfes in hulbandry, Ra. Ent. 576. For levying an affeifment made on plaintiff by commiffioners of fewers; replication, de injuria, &c. Her. 642. Avowry for taking cattle by virtue of commiffioners of fewers as bailiff of earl L. Bro. R. 417.; replication, de injuria, &c. and iffue.

Avowry, finding goods, &c. occupying much room, damage feafant and cepit in name of a diftrefs, 1. Bro. 312.

Arowry, defendants plead that plaintiff is a distiller, and did not make due entries in the excife office, according to 13. Car. 2. juftifies by warrant of justices of

peace

peace till the plaintiff paid twenty fhillings in redemption; bar, that E. A. was poffeffed of the goods, and made his will, and continued poffeffed till defendants took them de injuria, &c. Lev. Ent. 152.

That defendant holds lands within the level by decree of commiffioners of fewers for forty years; demurrer, Co. Ent, 293.

Avowry, according to ftatute 32. Hen. 8. for rent by executors, Clif. 646.

VII, Declarations, Plea of Non Cepit, &c. and Avowries. Writs, Procefs, 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, peafe, beans, &c.; demurrer, that locus is not properly defcribed, nor the number or kind of cattle fpecified; joinder in demurrer.

142.

142. DEMURRER, that locus is not defcribed in the declara

tion.

142. Demurrer general to avowry and cognizance.
143. Demurrer to cognizance, that it is not ftated 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 fhewn who has the freehold.

143. Demurrer to an avowry, for that it flates another locus than that mentioned in the declaration, when it should have been by way of plea in abatement, and that he only avows on a passessory title.

144 Record in replevin in C. B. of Lancaster, with special imparlances, judgment by default, de retorno habendo, award of such writ, and return that goods were eloigned. WRIT de retorno habendo awarded. 145. WRIT upon a judgment de retorno habendo irreplevifable in the common pleas.

146. WRIT upon a retorno 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 theriff of damages in replevin.
148. Appearance in replevin by defendant, and for default
of plaintiff judgment de retorno habendo.

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 cofts of the defence and award of execution.

149. Writ of enquiry of yearly rent charge of how much in

arrear.

150. Writ of enquiry and return upon a judgment for the avowant de retorno habendo, for want of plea to his avowry, as furviving joint tenant and tenant in feveralty.

152. Record of a judgment for the avowant in replevin, for want of a plea in bar to avowry, for rent in arrear, (where proceedings had been removed out of the county court, to wit, by re. fa. l.) and after the

fheriff's

VOL. VII.

Page

fheriff's return to the writ of enquiry, finding the
value of the goods diftrained to be less than the rent,
diftrained for judgment for the value of the goods
and cofts.

154. Scire facias against bail in replevin in C. B. where pro-
ceedings had been removed by re. fa. lo. out of the
county court, and afterwards the fheriff returned
elongati to a writ de retorno babendo upon judgment,
for want of a declaration to fhew why thofe goods
should not be taken in lieu of thofe eloigned. (See
Scire Facias, proceedings in, poft.)

157.

156. Scire facias against bail in replevin, upon a judgment
de retorno habendo for want of plea to the avowry
after theriff's return elongati to fhew why their own
goods fhould not be taken in lieu of thofe eloigned;
JUDGMENT against the bail in replevin de bonis pro-
priis upon default of appearance after fheriffs return
fcire feci upon the writ of feire facias, to fhew why
their principal, having eloigned the goods replevied
to him, their own goods fhould not be taken in lieu
158. thereof; WRIT of execution on the judgment.
159. Record, &c. fetting forth the complaint in the county
court, and removed by re. fa. lo.

101. Writ of enquiry under the ftatute 18. Car. z. upon a
judgment on a demurrer to the cognizance for rent

arrear.

101. Count on a recordari facias, in order to have costs, where the damage is under forty fhillings

161. Plea in abatement in replevin of privilege by an attorney.

160. Declarations in replevin.

161. Plaint in replevin in manor court,

VOL.

I.

Page

VOL.

48. Plea in abatement, that the property is in himself, and tra-
verfes plaintiff's property.
74. Plea of property in a ftranger.

VII.

Page

I.

3, 4:

9.

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,
&c.; imparlance; writ of retorno habendo.

Plaint in replevin removed by re. fa. lo. into B. R.; 10, 11. plea in bar; default in not rejoining; judgment de retorno habendo.

19.

13,14. Proceedings in replevin; plaint removed by re. fa, lo. declaration; avowry for rent; replications; demurrers; judgment for avowant; retorno habendo. 22,23. Proceedings in replevin; plaint; re. fa. lo.; judg ment de retorno habendo; writ of retorno habendo ; return that cattle were cloigned.

PRECEDENTS in BOOKS of PRACTICE REPORTERS, &c.

24. Plaint;

VOL.

VII. Pagz

24. 26. Plaint; declaration; avowry; judgment de retorno

babendo.

PRECEDENTS in Books of PRACTICE, REPORTERS, &c.

375. Plea in bar, that the cattle replevied were diftrained
damage feafant, and not for rent in arrear.
Declaration in replevin for feizing cattle; avowry and cog
nizance by the freeholder in his own right, and as bailiff
to another, for damage feafant; plea in bar, that the locus
in quo is a copyhold, held of the manor of Bushy, of which
the defendant and he to whom he is bailiff were lords, and
that they demifed the fame to the plaintiff by copy of
court roll, and he being feifed thereof, put in his cattle
there, when the defendant diftrained them; replication,
admitting that the locus in quo is held of the manor, and
the defendants were lords thereof, and granted the fame
to the plaintiff, and that he was feifed thereof, as alledged;
fays, that upon fuch grant to him a fine was affeffed, of
which he had notice, but refufed to pay, and thereby for-
feited the fame, upon which forfeiture the defendant en-
tered; and because the cattle in the declaration mentioned,
after fuch entry, were in the locus in quo trefpaffing, de-
fendants diftrained them damage feafant; rejoinder, pro-
tefting against the reasonableness of the fine alledged; a
custom within the manor that every tenant admitted to
customary land, fhould pay the value of a year's rent, and
no more, by way of fine; that the lands in queftion were
worth only fo much, and that the plaintiff tendered to one
of the lords of the manor thereof, which he refused to ac-
cept; fpecial demurrer, that the value of the lands re-
mained in eftimation, and that the pretended custom was
uncertain; joinder in demurrer, and judgment for the
plaintiff; inquiry awarded and final judgment.
Declaration in C. B. in replevin for a mare taken in the
king's highway; cognizance as bailiff of lord L. the lo-
cus in quo his freehold, and the mare there damage feasant;
traverse, 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; affignment of errors ir. B. R.; 1ft, general;
id, no original; 3d, no warrant of attorney; several cer-
tioraris; prayed rule to return them; chief justice, cuftos
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
Camage feafant in the four acres, fo 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 feafant; plea, maintaining the declaration; de-
murrer; joinder; judgment for the plaintiff; enquiry
awarded; final judgment; general errors aforefaid; no

Lill. Ent. 371 374

Lill. Ent. 351

original;