original; no warrant of attorney; feveral certioraris prayed; rule to return them; no error; judgment affirmed, Declaration in replevin for taking plaintiff's cattle, the defendants plead property in a ftranger, and for a return make cognizance, as bailiffs to A. and B. for damage feafant in their freehold; replication, and iffue on the property, PRECEDENTS it Books of PRACTICE, REPORTERS, &c. Hunt. Rep. and Dif. 238 to 245 Hunt's Rep. and Dis. 276 Declaration for taking goods and chattels in a dwelling house; avowry, for rent in arrear, Pleas in bar; 1ft, that the defendant of his own wrong took the goods and chattels; 2d, that plaintiff was not tenant of the houfe to defendant, Verdi&t for the Declaration in replevin for taking plaintiff's cattle, Declaration in replevin, in the county court, for goods Declaration in replevin, for a mare taken in the king's high way, Declaration in replevin, for feizing wreck on the fea shore, Declaration in replevin, for feizing wheat in fhocks in plain- Declaration in replevin, on a re. fa. lo. in order to have costs Declaration for taking a mare in the highway, Declaration in replevin, in K. B. for feizing goods and chattels for rent in arrear, Declaration in replevin, for taking cattle, Declaration in replevin, for taking a cow, Declaration in replevin, for taking plaintiff's goods; de- Declaration in the common pleas, in replevin, for a mare taken in the king's highway; cognizance as bailiff of lord L. the locus in quo the freehold, the mare there damage feafant; and traverses the taking in the king's highway; plea to the cognizance, that he did take in the king's highway; general demurrer to the plea; joinder; continuance by cur. ad. vult.; judgment for the plaintiff in replevin; award of injury, and return, and final judgment for damages and cofts; affignment of errors in B. R. ift, general errors; 2d, no original; 3d, no warrant of attor ney; fevel certioraries; prayed rule to return them chief justice and cuftos brevium of common pleas non mifit breve; in nullo eft erratum pleaded, and judgment affirmed, PRECEDENTS in Books of PRACTICE REPORTERS, &c, and for cofts in error, S. P. 445. Lill Ent. 351. 2. R. Pr. C. P. 358 to 375 Declaration in replevin for taking plaintiff's cattle; ift cognizance as bailiff to J. W. S. acknowledges the taking the cattle in the place in which, &c. becaufe he fays that the place is a waste or common of forty acres in the parish of W. and in the manor of W. and that within the manor, from time whereof, &c. there hath been another common called W. D. of which manor the faid J. W. S. at the faid time when, &c. was feifed in fee, and prefcribes in a que eftate for a court leet, and that there has been a custom for a court leet to make bye laws for the prefervation of the common within the manor, and to impofe penalties upon the farmers and tenants of the manor for breach thereof; and the faid J. W. S. and all thofe, &c. from time whereof, &c. have demanded, received, and taken from the perfons offending against fuch bye law the penalties incurred for breach thereof, and on non-payment to diftrain the cattle of fuch farmer or tenant in any place within the manor; and that at a leet held after Michaelmas 1764 a bye law was made, which is fet forth with a penalty for breach thereof, and for acting contrary to that bye law and all former bye laws; and that the plaintiff was guilty of a breach of the bye law; whereby a penalty of thirtyfive pounds was forfeited to the said J. W. S. and the fame not being paid upon request, but being in arrear the defendant as bailiff to J. W. S. diftrained the cattle in the place in which, &c. being within the manor, and juftly, &c.; 2d, cognizance is like the firft, except in laying the custom to make bye laws a little different from the firft; 3d cognizance is different from both the others in laying the cuf tom to make bye laws; the plaintiff demurs to all the cognizances generally; the defendant joins in demurrer, 2 Wilf. Rep. 155 to 163 Declaration in replevin for feizing a cow in a place called the lane; cognizance for a diftrefs for a fine at a court leet in the manor of S. belonging to R. F. upon a custom to chufe a conftable, ftates that the plaintiff was chofen conftable and refufed to take upon him the office; general demurrer and joinder, Declaration for taking goods and chattels in a dwellinghoufe; avowry, for rent in arrear, Pleas in bar, 1ft, that defendant of his own wrong took the goods and chattels; 2d, that plaintiff was tenant of the house to defendant, Lill. Ent. 369 Mor. Pref. 590 to 591 Declaration in replevin in B. R. for taking houfehold goods; avowry, that tenant in fee of locus in quo, being a lot of land demifed to defendant for a term of fifty-one years, whereupon he entered and built a houfe, where, &c. and demifed the fame to plaintiff for a year, at a rent payable Ibid. 592 quarterly, quarterly, and that he dißrained for three years rent in arrear; replication, no rent in arrear, and issue, 2. PRECEDENTS in BOOKS of PRACTICE REPORTERS, &C. Lill. Ent. 356 141. Declaration for cattle taken in feveral counties, Her. 629. For cattle taken, Ra. Ent. 554. 50. Co. Ent. 570. 573. 596. 599. 601. 603. 609. Wilk. 281. 1. Co. 54. 67. 2. Co. 27. Plo. 269. P. 10. E. 3. 45. Vet. Int. 47. 200. 211. 1. Br. 20. 22. 3. Br. 339. Afb. 208. 1. Bro. 304. Tho. 264. 266. Ro. Ent. 141.405. Wi. Ent. 812.816.825. 836. 840. 868.879 920. 2. San. 194. 283. Bro. R. 415. 421. 2. Ven. 131 145.224. 2. Lut. 1131. 3. Lev. 120. ; Inf. Cl 423. Lev. Ent. 154.; and goods, Ra. Ent. 128.557. 568. Upper B. P. 114. Her. 666. For a gelding taken, Wi. Ent. 859. 860. 3. Br. 267. Her. 652. 661. For fteers or bullocks, H. 4. E. 3. 25. For one ox, Wi. Ent. 939. For two, 2. Lut. 1131. For a horfe, Wi. Ent. 870. For one fheep, lb. 937. 2. Lut. 1237.; fheep and lambs, lb. 1139. 1231. For a mare, Wi. Ent. 849. 886. 911. Bro. R. 414. Co. Ent. 591. 600. Of heifers, 2. Lut. 1157. 1238. Of cows, Wi. Ent. 817. 826. 872. 9:8. 2. Lut. 1151. 1190. 3. Lev. 141. Of beafts taken in two places, 2. Inft. 533. 3. Br. 316. 325. Her. 679. Co. Ent. 585. Wi. Ent. 835. For beafts taken in the county of S. and chafed into the county of K. and there impounded and replevied, Her. 629. 680. For beafts taken and impounded at B. in the county of E. parcel of the honour extending into the counties of E. and H. and the court held in the county of H. from whence the plaint was removed by accedas ad curiam, Her. 629. Br. R. 419. certiorari. For beafts taken one day and replevied the next, Her. 645. For cattle taken in plaintiff's cuftody, 11. H. 4. 17. 24. Declaration against a person for cattle taken by him, together with another, Co. Ent. B. P. 114. For cattle taken, and part thereof detained, Ra. Ent. 554. 558. Mo. Intr. 303. Co. Ent. 611. 613. Of goods, 1. Br. 159. For cattle taken and detained until, &c. and of other cattle and goods taken and detained, Ra. Ent. 567. 2. Br. 206. Upper B. P. 86. Declaration on pluries replevin of cattle taken in divers places, Ra. Ent. 560. Upper B. P. 113. In one place, 3. Br. 311. For cattle taken, the price of them mentioned in the declaration, z. San. 320. Of goods and chattels, 2. Lut. Ent. 1147. Declaration wherefore detains twenty theep until, &c. and four sheep, residue thereof, he as yet detains, Pl. Gen. 601. For five mares and one filly, 3. Lev. 105. For goods and chattels taken, Wi. Ent. 837. 2. Lut. 1147.1155. Lev. Ent. 152. For chattels, Vet. Int. 240. 3. Br. 306. By administrator, for chattels taken in time of inteftate, Ra, Ent. 560. For For one load of hay, Wi. Ent. 850. A cart, 2. Lut. 1174. For fix casks of allum, 1. San. 187. Two pigs, 2. Lut. 1144. Declaration in replevin, where defendants in perfon appear on fuperfedeas, and pay into the hands of the prothonotary to fatisfy plaintiff, Wi. Ent. 9:6. On a plaint removed in the county of B. out of the court of the honour of W. by cer tiorari, Br. R. 419. Declaration in replevin for yet detaining, and praying delivery together of two calves which the cows brought forth in the mean time, Mo. Int. 236. Plea, (after confeffion of the declaration) a release of plaintiff to defendants W. and W.; replication by way of eftoppel, that defendants had twice imparled; and demurrer, 2. Lut. 1174. Declaration for cattle ftill detained; defendant avows taking part of the cattle; plaintiff thereupon prays that defendant may gage deliverance of cattle, which he agrees to do, and writ awarded to sheriff to make deliverance, Ra. Ent. 554. Vet. Int. 47. Upp. 113. Similar declaration for part of cattle, whereof plaintiff prays that defendant may gage deliverance; avowry, and to delivery fays, that he made delivery in the county, and writ awarded to the sheriff to make delivery fi non, &c. Ra. Ent. 558. Upp. 88. Similar declaration; defendant avows, plaintiff prays that defendant may gage deliverance, who finds pledges thereon, and judgment of delivery, Ra. Fnt. 559-576. Similar declaration for ten oxen detained; plaintiff prays that defendant may gage deliverance; as to nine of the cattle gages deliverance, to the other fays he died in pound overt through plaintiff's default; writ awarded to sheriff of delivery of the catt'e, Ra. Ent. 565 Vet. Int. 47. Similar declaration; avowry, plaintiff prays delivery; defendant fays that part of the cattle died of hunger in the pound, which plaintiff does not deny, and gages deliverance of the refidue, Ra. Ent. 568. Gage deliverance on pledges found on the prayer of plaintiff, afferting that defendant detained the cattle, and writ awarded to the sheriff, Ra. Ent. 565. Vel. Int. 47. Defendant, after iffue joined of cattle ftill detained, fays, that he ought not to gage deliverance, because he fays that he put the cattle in pound overt, where they died of hunger; replication, that defendant converted them to his own ufe; and traverfes that they died of hunger, Ra. Ent. 567. Upp. 113. Return by fheriff, that he took the cattle of defendant to the value, on a pluries replevin after a return of cattle eloigned on which he and the other defendants are fined for contempt; declaration against them, and gage deliverance on each fide; defendant did not deliver the cattle accordingly, and thereon feire facias awarded on the recognizance; fureties appear and feverally plead that defendant delivered the cattle, and iffue; verdict, that he did not deliver the cattle, and judgment thereon, Co. Ent. 611. Declaration for cattle as yet detained; cognizance as bailiff for an annual rent unpaid, and as to delivery of the cattle fays, that he impounded them, and afterwards the cattle came to plaintiff's poffeffion, Br. R. 415. As to part of the cattle defendant claims property, as to the refidue defendant avows plaintiff thereupon prays that defendant may gage deliverance of the cattle, upon which defendant fays that part of the cattle perifhed with hunger in the open pound through plaintiff's fault, which plaintiff does not deny, and of the refidue defendant gages deliverance, Mo. Intr. 316. Pluries replevin, cattle eloigned returned by the bailiff, and cattle taken on a capias fatisfaciendum in withernam; declaration thereupon, plaintiff prays defendant may gage deliverance of the cattle before taken; plea, and after iffue joined defendant prays that plaintiff may gage deliverance of the cattle taken in VOL. VII. wither withernam, who finds pledges thereon, and rule that defendant may have them thereon at the day of fubpoena, &c. Mo. Intr. 324. Non cepit chattels; avows taking cattle, Ra. Ent. 565. Non cepit two steers, and avows taking, H. 4. E. 3. 25. Plea by one non cepit, the other avows, Ra. Ent. 561. 565, Upp. B. P. 111. Plea, that defendant is feifed of a clofe in the fame vill in which he took cattle damage feafant, and traverses the taking mentioned in the declaration; replication, iffue on the plea, Ra. Ent. 554. Wilk. 282. Vet. Int. 48. Traverse of locus, and makes cognizance taking cattle damage feafant, Vet. Int. 244. Afb. 407. Nen cepit to part, 2. Br. 88. Traverse locus, and avows that he is feifed of the manor whereof, &c. he took cattle damage feafant; replication, that locus is called as well by one name as the other, Ra. Ent. 556. Vet. Int. 211. Plea, cepit, in alio loco, in the fame ill, and for return avows in locus of parcel of the manor whereof he is feifed, damage feasant; issue on the locum of taking, Her. 590. Plea, cepit part of the cattle damage feafant in his clofe, and traverses locus in declaration, and to refidue feoffment to ufes and defcent to F. iffue on the traverfe; and demurrer to the other plea, Ra. Ent. 554. Plea in abatement of declaration fince fecond deliverance, for that locus in quo is in another county; judgment, Ibid. 274. Plea in eospel, (to declaration on fecond deliverance, for cattle taken in two locis at B.) for that plaintiff first counted against defendant of taking in one place, 3. Br. 317. Plea in bar, protesting property in another, for plea cepit in alio loco, Ra. Ent. 556. That property of cattle was in defendant, and not plaintiff, and iflue, Her. 677. Of chattels, Ra. Ent. 557. Vet. Int. 53. 93. Her. 677. As to part, property in defendant, and not plaintiff; as to refidue, non cepit, Upper B. P. 128. 3. br. 456. Non cepit to part, to refidue, that property in the horse was in L. and property in the dish in W. and not plaintiff, Ra. Ent. 557. Upper B. P. 97. That property of the cow was in E. and not plaintiff; and property of two heifers was in J. and not plaintiff, and avows for a return. Ra. Ent. 568. That property of one ram was in defendant, and avows for two rams damage feafant, Her. 4.; as to part, that property was in J. and defendant cepit as his fervant, for refidue avows; replica tion, that property was in plaintiff, and not in J. Ra. Ent. 567. Upper B. P. 98. Avowry as lord of moiety of the will, and that cattle belonged to R. and not to plaintiff, and defendant took them damage feafant; plea in bar, that locus in quo, &c. is foil of plaintiff in feveralty, and that cattle departured by him for profit, and fo the cattle belonged to him; replication, that locus in quo is waste and held in common, T. 3. E. 3. 37. Plea in abatement after hearing plaint returned by fheriff, Upper. B. P. 95. Plea, that plaintiff delivered to him chattels for fafe custody, in which cafe plaintiff ought to profecute detinue, and not replevin; replication, de injuria, &c. and traverfes delivery, Ra. Ent. 569. Plea in abatement (by chaplain of Canterbury, after demanding to hear the plaint certified into court by recordari), for that the chaplain is not a name of dignity, and judgment for defendant, Ra. Ent. 570. Plea, that locus of taking is in another county, in abatement, Jud. 274. Plea (to Count on fecond deliverance of cattle taken in two places in B.), estoppel, for that plaintiff first counted of taking in one place in E. 3. Br. 317. Plea in abatement by one; the other avows, Ra. Ent. 569. Plea, non cepit to replevin against R. and M. his wife, and W. by R.; plea by M. that he is the wife of E.; cognizance by W. as bailiff of E. and M. his wife; replication, that M. is not the wife of E. Her. 658. Cognizance as bailiff, for damage feafant; plea, non ballivus, Her. 604. Plez, |