Against the postmaster of Ipswich, for wrongfully keeping and detaining the plaintiff's letters directed to him an unreafanable time, which the defendant ought to have delivered to him. Plea, not guilty, Againit a beadborough, for billeting foldiers on plaintiff without his confent, contrary to the ftatute, Against the returning oficer, for refufing to permit the plaintiff to give his vote at an election of members to ferve in parliament, Against an innkeeper, for fuffering the horfe of his guest to ftray from the inn through negligence, Against a common carrier, upon the cuflom of the realm, Plea (to an action at the fuit of a corporation of Guildford Declaration against a common carrier by land; with a Count in trover for a box of one hundred guineas, PRECEDENTSİN BOOKS of PRACTICE, REPORTERS, &c. 2. Wilf. Rep. 443 Lill. Ent 21 2. Ld. Raym. 938 Mod. Ent. 144 Ibid. 221 1. T. R. 656 6. T. R. 163 Lill. Ent. 109 Pl. Aff. 248 1. Ld. Raym. 58 Against an innholder, for goods loft in his inn, Tho. 42. Vid. 151. Int. Cl. 173. and for a bag with money ftolen through his neglect, and loft, The 74. Br. R. 13. For a horfe loft, 8. Co. 32. Upp. 239. Her. 243. 250. Ro. Ent. 22, 23. Goods, Ra, Ent. 404. Co. Ent. 347. Afb. 48. Against a common waterman, for money and goods in a cheft loft, Vid. 37. 2. Inftr. Against a common carrier, for goods and chattels delivered to carry which were 193. By leflor against leffee at will of a cottage burned by negligence, Ab. 56. Like by hufband and wife, 4b. 23. Againt an innkeeper, for bag and money loft in the inn, Ra. Ent. 404. purfe with money, Ra. Ent. 405. Vet. Int. 20. 1. Br. 196. Of a Of a pack of goods and money, Ra. Ent. 404. Chamber broke open, and goods and money taken away, Reg. 105. Purie and money of plaintiff loft in cuftody of fervant, Co. Ent. 347. Ben 169. Money, Reg. 104. By executor, leffce of a mill, who, with co-executor, demifed mill to defendant for a term of years, and defendant, by negligence, burned it, Her. 16., For fuing in the court of admiralty, Ra. Ent. 23. Dy. 159. For For fuing in court christian after prohibition delivered, and for throwing it in the mud, F. N. Br. 92. For arresting plaintiff in city court without any caufe of action, Afb. 4. For executing writ after writ of error allowed, Her. 233. Plea, that plaintiff, by writing, releafed to defendant. Replication, that release was under duress, Tho. 72. Plea, not guilty, 2. Vent. 289. Plea to declaration against occupier of lands, who by custom ought to carry off tithes, &c.; protelting, &c. for plea, that the proprietor and farmer of tithes were used to carry off tithes at their own proper charges; and traverses the cuf tom; iffue on the traverfe, Tho. 75. 3. Inft. Cl. 320. Plea (to negligently keeping fire), that a ftranger put fire in a houfe adjoining plaintiff's houfe; and traverfe the negligence, 1. Bro. 29. 3. Inftr. Cl. 337Plea, that defendant did not burn the mill, medo et ferma, Ko. Ent. 65. Plea by innkeeper, that defendant gratuitoufly entertained plaintiff for the night; and traverses keeping a common inn, 2. Mo. Int. 147. 3. Inftr. Cl. 340. Replication and iffe on the traverse. Plea (to declaration for horfe lost by negligence), that plaintiff requested defendant to put his horfe to paflure, who was fo put and led away by robbers; and traveife that he was led away by negligence of plaintiff or his fervants. Replication, maintains the declaration; and traverse the requeft to put horfe to pasture, Ro. Ent. 23. 3. Infr. Cl.341; and iffue on the traverse. Plea, non. cul. Vent. 77. Plea by innkeeper, protefting that goods were not brought into the house; pleads, that they were not ftolen by robbers, &c. 3. Inftr. Plea by carrier, protesting that there were not one hundred guineas in the bag; pleads, that the bag by plaintiff's fervant, 3. Infir. Cl. 339. Replication and iffue. Plea, that he planted the thorns properly, and traverfes negligence, Ra. Ent. 13. Plea, that he ferved the horie well and fufficiently; and traverfes negligence, Ra. Ent. 3. Flea, that a hired mare perished with divers difeafes; and traverfes that he overloaded her, Her. 101. Plea by barber, that he did not fhave with dirty foap, Ra. Ent. 2. Plea,that plaintiff being executor, wafted goods until the return of the writ, Ra. Ent.11. Plea, that certain writs of procedendo were not delivered to the fheriff defendant, Ra. Ent. 84. Plea by carrier, that plaintiff did not deliver to defendant the cheft with money, Against a mith, for negligently fhoeing a horfe, Reg. 106. F. N. Br. 94. Againit occupier of a crane, for a cafk of wine burft by negligent cranage, Ra. Ent. 3. For fo negligently keeping a horfe to be depaftured, that it was ftolen, Her. 249. Plaintiff delivered cattle to defendant, with hay and grass, for a fum of money for a certain time, and defendant kept them fo improvidently, that feven of them were much damaged, 1. Br. 251. For cattle that were delivered to keep, so negligently kept that part died, and the wool of the refidue was loft, Reg. 107. Against an innkeeper, for a horfe delivered to him to ride, Her. 243. Horfe fold, Upp. 231. Againit a barber, who unfkilfully fhaved plaintiff with unwholefome foap, Ra. Ent. 2. Against a taylor, for cabbaging the cloth, and making the garments fo fmall that they were ufclefs, Ab. 12. PLEAS BY, &c. Plea by fanier, that he well and skilfully fhoed the horse; and traverfes that he fixed fixed the fhoe as in the declaration is mentioned; and iffae, 1. Bro. 31. 3. Injir, Cl. 352: Plea, the horse died with various infirmities; and traverfes that the horfe died with hard riding. Iffue on the traverfe, 1. Bro. 4. 3. Inftr. Cl. 350. Like of mate hired; traverfed overloading her, Ro. Ent. 51. Plea by barber, that he did not have, 3. Inftr. Cl. 349. Plea, that defendant cultivated the land in an hufbandlike manner; and traverse negligence. iffue on the traverfe, 1. Bro. 73. 3. Inftr. Cl. 353. Plea, that goods were burned in the inn on the way by the act of God, and not through negligence. Demurrer special, Wi. Ent. 29. Plea by waterman, that the boat, with goods in the cheft, by tempeft was funk without defendant's negligence; and traverses that they were loft for want of fafe cuftody, Vid. 3. 38. Br. R. 101. 2. Mo. Int. 95. 3. Instr. Cl. 303. Cl. Ass. 99. Plea, that a ftranger put fire in the house adjoining plaintiff's houfe; and traverses negligently keeping fire, 3. Inftr. Cl. 337. Plea, that goods were not burnt through negligently keeping fire, 3. Inftr. Cl. 337Plea, that he kept the fire, &c. Replication, and iffue on negligently keeping the fire, 3. Inftr. Cl. 338. Other Misfeafances than fuch as are reducible to particular Offices and Employments. VOL. VIII. Page 409. Declaration in B. R. against defendant, for giving falfe inftructions to a bailiff, whereby he arrefted an improper perfon. IV. TORTS IN DISTURBANCE OF INCORPOREAL RIGHTS. VOL. Page 5. Ways. 6. Other Rights than any of the foregoing, Tolls. Ferries, Franchises, &c. 497. Declaration in C. B. against defendant for digging turfs and peats on a piece of ground whereon plaintiff was entitled to common of turbary in right of a meffuage, and carrying them away, and converting, &c; per quod, plaintiff could not enjoy his faid common of turbary in fo ample a manner as he ought to have done. 506. Declaration by a freeman of N. claiming right of common, as freeman refident, and paying foot and lot, against defendant, for disturbing his right by digging pits, erecting houfes, &c. and inclofing, &c. 508. Declaration in B. R. for depafturing cattle on a common; per quod, the plaintiff could not enjoy his right of common as he ought. Plea to firft Count. General iffue to fecond Count, nil dicit. taxatio Unica 513. De VOL. 513. Declaration in C. B. against defendant, for preventing plaintiff from enjoying his commen of turbary, by hindering plaintiff and his fervant from entering on the common. Various Counts. 528. Declaration in B. R. by copyholder, for disturbance of common by furcharging common with cattle. 530. Declaration in C. B. against defendant, for disturbing Declaration where a vicar claims a right of common appurte- For overstocking a common where plaintiff had a right to put a PRECEDENTS in BOOKS of PRACTICE, For disturbance of common of pafture, by turning on sheep, Declaration for destroying plaintiff's common of pafture by Declaration for depriving plaintiff of his right of common of pasture, Declaration in cafe for inclefing a common, by which plaintiff could not enjoy his common in fo beneficial a manner as he had before done, Declaration by tenant of a copyholder against another, for digging turf upon the common of the copyholders, by reafon whereof the tenant could not enjoy for his cattle as freely as before, For obftructing plaintiff in his common, Mor. Pr. 320 Ibid. 323 Ibid. 326 Ibid. 279 Ibid. 456 Lill. Ent. 6z Pl. Aff. 214 2. Ld. Raym. 1225 Mod. Ent. 114 Com. Rep. 341 Action on the cale for difturbance of common, brought by a copyholder, and makes title. Defendant makes title to the common as well, &c. as copyholder in fee, by grant of the lord of another manor, and juftifies. Repli cation, traverses the prefcription, &c. Special verdict, finds that the meffuage, &c. of defendant, is within the foreft of S. and prescribes for common alledged by defendant, and judgment for defendant, 1. Lut. 74. Action on the cafe by leffee for years, for difturbance of common claimed by prescription in his leffors, alledging that defendant put in fixteen horfes, and erected a warren, &c. and that they have a right of chace with plaint ff. Plea as to chace, not guilty to refidue, that one of defendants is lord of the manor, of which the common is parcel, for that they put in cattle, and that one of defendants, from time whereof, &c. had warren there, and juftifies making the coney boroughs; and then avers, that plaintiff had fufficient common. Replication, traverting fufliciency of common, and prefeription to right of warren, and divers exceptions to the pleadings, 1. Lut. 101. Plaintiff, feifed of houfes and lands, had common for certain cattle in certain palture throughout the year, and defendant having no right, put in theep, 1.Br. 249. Where Where plaintiff, feised of houses, &c. had common for all large cattle lerant, &c. throughout the year. Plaintiff, feifed of lands, had common, and defendant furcharged lands with inten tion to hinder plaintiff of his common, Her. 207. Plaintiff, feifed of lands, had common in half rood or perch of pafture for all cattle throughout the year, and defendant erected a houfe there, 3. Br. 76. By leffee, who ought to have common in parcel of a field for two hundred sheep every fourth year in which the field ought to lie fresh for husbandry, when defendant fowed the land in the fourth year, Her. 91. By leffee, who ought to have common in the lands which defendant inclofed, Ca. By lefee, where defendant ploughed pafture in which plaintiff ought to have common for horfes and cows throughout the year, Her 65. Ent. 11. By affignee of a term, for chafing sheep out of the pafture with the dogs, and net permitted to have pafture there for a time, fo that part of the fheep perished, Her. 164. By a commoner, where defendant inclofed three acres of land in common for a coney borough, and there filled it with rabbits, Her. 125. PLEAS. Plea (to disturbance of common), not guilty, Co. Ent. 11. 15. Plea, that the lords of the feveral manors had common of pafture for customary tenements, pur confe de vicinage. Replication, de injuria; and traverfes prefcrip tion, Co. Ent. 10. Plea, that the proprietor of the land gave licence to defendant to pat in his cattle; and traverses prefcription, 1. Br. 250. Flea, that J. feifed of houfes and lands, had common of pafture for all cattle throughout the year, and demifed to defendant, who put in his cattle, &c. Re plication, protesting &c. maintains prefcription in the declaration; and traverfes the prefeription alledged by defendant, Her. 118. -Plea (disturbance of common by chafing cattle), that W. feifed of the manor whereof, &c. deviled to defendant for life, who chafed plaintiff's sheep, damage feafant; and traverses the prefcription, Her. 175. Flea (to furcharging comino), that J. was feifed as well of houfes and lands as the pafture in fee. Que eftate and non pref. Her. 208. For that defendant inclofed the common, fo that plaintiff could not enjoy h's com mon, Cl. M.n. 186. By a copyheider who had common of pafture in a pafture called J. and B. for al his horfes and cows upon the premifes levant and couchant for the whole year, when defendant put beafts into the common; per quod, &c. Wi. Ent. 49. S. Ca. 111. DECLARATIONS. F1 in ff, fcifed of meffuages and lands, had common of pafture in L. for all his beats levant, &c. for the whole year, and defendant enclosed forty acres in common for a coney borough, and kept coneys there. Same for all his commcnable cattle in a wood, and defendant fe inclofed the wood that plaintiff could not enjoy his common, Winch Ent. 42, 76. 2. Inft. Cl. 241. For right of common for three cows, &c. and for a way right, 2. Mod. Ent 85. Plaintiff, feifed of meffuages and lands, had common for a certain number of beafis in a certain pafture every year when the fields fhould be fown and from thence after the corn carried away until the field is refown, and when the field lies fallow for the whole year, and defendant with carts fubverted the common, 1. Br. Ent. 47. Similar, where plaintiff had common for all his large beafts called rother beafts, levant, &c. in a waste throughout the year, and defendant crected hedges and ditches upon the common, and hindered plaintiff from pulling them down, The. En. 33. Plaintif, |