times between that day and the day of exhibiting this bill, at, &c. Disturbance aforesaid, wrongfully and injuriously() placed and erected, of ways. and caused and procured to be placed and erected, divers large quantities of boards, planks and wood, in and across the said way, and put and placed, and caused and procured to be put and placed, divers other large quantities of wood and timber in the said way, and kept and continued the said boards, planks and wood, so placed and erected in and across the said way as aforesaid, and also the said other wood and timber in the same way as aforesaid, for a long space of time, to wit, hitherto, and thereby during all the time aforesaid, the said way was and still is greatly obstructed and stopped up, and the said A B by means thereof, could not, during the time aforesaid, or any part thereof nor can he now have or enjoy his said way, as he of right ought to have done, and otherwise might and would have done, and hath been, and is by means of the premises deprived of the use, benefit and advantage thereof, to wit, at, &c. aforesaid.

* 361

And whereas also the said A B before and at the time of Second count, for a way to a the committing of the grievances hereafter mentioned, was, and messuage from thence hitherto hath been, and still is, lawfully possessed from a highway, without of a certain other messuage, with the appurtenances, situate stating the

means of ob

&c. and by reason thereof, he the said A B, during all struction.(s)

the time aforesaid, ought to have had, and still of right ought to have a certain way from the said messuage of the said A B, unto, into, through, and over a certain close in the parish aforesaid, unto and into a certain common and public highway,(t)

of ways.

Injury.

Disturbance in the county aforesaid, and so back again from the same common and public highway, unto, into, through, and over the said close, and from thence into the said messuage of the said AB for himself and his servants to go, return, pass, and repass, on foot, every year, at all times of the year, at his and their free will and pleasure, as to his said last-mentioned messuage, with the appurtenances belonging and appertaining. Yet the said CD, well knowing the said last-mentioned premises, but wrongfully and unjustly intending to injure the said A Bin that behalf, and to deprive him of the use and benefit of his said last-mentioned way, whilst he the said A B was so possessed of the said last-mentioned messuage, with the appurte nances, and so entitled to the said way as aforesaid, to wit, on, &c. aforesaid, and on divers other days and times *between, &c. at, &c. aforesaid, wrongfully and injuriously stopped up, and obstructed the said last-mentioned way, and the said A B by means thereof, could not, during the time aforesaid, nor can he have or enjoy his said last-mentioned way, as he of right ought to have done, and otherwise might and would have done, and hath been, and is deprived of the use, benefit and advantage thereof, to wit, at, &c. aforesaid.-[Conclusion as ante, 238.]

* 362

[Commencement as ante, 238.

The venue is local.]-For that whereas the said A B before, and at the time of the com.. mitting of the grievance hereinafter next mentioned, was and from thence hitherto hath been, and still is, lawfully possessed of, in a certain messuage, with the appurtenances, situate, &c. and therein during all the time aforesaid, inhabited and dwelt, and still doth inhabit and dwell, with his family; and by reason thereof he the said A B, during all that time aforesaid, until the time of the committing of the grievance by the said CD as hereinafter next mentioned had, and still of right ought to have, for himself and his family inhabiting in the said messuage, with the appurtenances, the use and benefit of a certain pew, in the parish church of, &c. aforesaid, to hear and attend divine service, celebrated therein, as to the said messuage, belonging

(u) As to the precedents of declarations for disturbance of seats in churches, see 8 Wentw. 55. Forrest's Rep. Fxchcq. 14. 3T. R. 659.

5 T. R. 296. 1 Lev. 71. 1 Sid. 203. 2 Lev. 193. 3 Lev. 73, 1 Wils. 326. 1 T. R. 428.

of pews.
Injury.

* 363

and appertaining. Yet the said CD well knowing the premi- Disturbance.
ses, but contriving, and wrongfully and unjustly intending to
injure and prejudice the said A B and to deprive him of the
use and benefit of the said pew, whilst he the said A B was so
possessed of his said messuage, with the appurtenances, and
dwelt and inhabited therein as aforesaid, and was entitled
to the use and benefit of the said pew as aforesaid, to wit, on,
&c. and on divers *other days and times, between that day and
the day of exhibiting this bill, at, &c. unlawfully, and without
the leave or license, and against the will of the said A B en-
tered, and caused and procured divers other persons to enter,
and continue in the said pew during the celebration of divine
service in the said church, and thereby greatly disturbed the
said AB in the enjoyment of the said pew, and prevented him
from having the use and benefit thereof in so full and ample a
manner as he otherwise might and would, and ought to have
done, and also unlawfully tore, wrenched, broke and damaged
the door of the said pew, and also unlawfully shut and fastened
the door thereof, and kept the same so shut and fastened for a
long space of time, to wit, hitherto, and thereby, during all
that time, hindered and prevented the said A B and his family
inhabiting in the said messuage, with the appurtenances, from
sitting in and using the said pew for the purpose aforesaid, and
whereby he the said A B could not, during the time aforesaid,
have or enjoy the use of the said pew for himself and his family,
inhabiting the said messuage, in so ample and beneficial a
manner as he otherwise might, and ought to, and would have
done, and hath been greatly disturbed and molested in the use
and enjoyment thereof, to wit, at, &c. aforesaid.-[Second count
similar to the first, except, that instead of the words "use and
benefit," say " the right privilege and liberty of sitting in the
said pew," and conclude as ante, 238.]

tolls,

ance of franchises, offices, fences,

&e.

For the precedents and mode of declaring for a disturbance, For disturb subtraction, or other injury to FRANCHISES, see 4 Mod. 423.1 Show. 18. 8 Wentw. Ind. 58. TO TOLLS in a market, &c. 2 Saund. 172. n. 1. 1 Bos. & Pul. 400. Owen, 109. Cro. Jac. 43. 122, 123. 3 Lev. 190. 2 Lutw. 1517. 6 East, 438. 8 Wentw. Ind. 58. For NOT GRINDING CORN at plaintiff's ANCIENT MILL, 2 Saund, 112, 113. n. 1. 172. n. 1. 8 Went Ind

Casc on sta- 58.

tutes.

*364

Of OFFICES, 10 Co. 59. b. Cro. Eliz. 335. 8 Went. Ind. 54. Of FERRIES, Willes, 508. 8 Went. Ind. 58. 2

Saund. 114.

*Declarations on statutes so much depend on each particular statute, that no general precedent can well be given; see the forms referred to, 8 Wentw. Ind. 58. and the notes to the precedent, ante, 185. in debt by the party grieved; and Com. Dig. tit. Action upon Statute, tit. Pleader, 2 S. to 2 S. 30. On the, &c. RIOT ACT, I East, 615. 3 East, 400. 457. On the stat. of Winton, 13 Edw. I. HUE AND CRY, with notes, see 2 Saund 374:

replerin in K.

B. or C. P.(a) a plea, wherefore he took the cattle, (or "the goods and chattels," or "the corn,") of the said A B and unjustly detained the same against sureties and pledges, until, &c. and thereupon the said A B by E F his attorney, complains, for that the said CD on the day of A. D. (d) in the parish of in the county of

" in a certain dwelling-house

there,(e) [or if on land, "in a certain close," or "common,"

(a) As to the declaration in replevin in general and precedents, see Com. Dig. tit. Pleader, 3 K. 10. Bae. Abr. tit. Replevin. 8 Wentw. Index, 219. 2 Saund. 194. a. 282. 310.

(b) As to the title of the term, see ante, 1. n. (a),

(c) The venue in this action is local, and the place is material and traversable, I Saund. 347. n. 1. See infra, n. (e).

(d) The precise day is not material. The plaintiff may in the same declaration, count for several takings,

part at one day and place, and part at another day and place, F. N. B. 68.

(e) The action of replevin requires more certainty in the description of the place, where the distress was taken, than that of trespass, the place being material and traversable, Hob. 16. Willes, 478. 2 Wils. 354. and if the defendant plead non cepit, and the plaintiff cannot prove a caption, or that the defendant had the cattle, &c. in the place stated in his declaration, he will be nonsuited, (1 Stra. 507, 508. 2 Mod. 199. I Saund

there called
tels,") to wit,
wit, of the value of—.(i) and unjustly detained the same, against
sureties and pledges, until, &c.(k) wherefore the said A B
saith, that he is injured, and hath sustained damage to the value
of() and therefore he brings his suit, &c.

(e),] took the cattle,(f) (or "goods and chat- Replevin.
-(g) of him the said A B,(h) of great value, to

366