For chasing sheep, &c. with special damage. (=) *378 Second count II. TO PERSONAL PROPERTY. ewes and in the [Commencement and conclusion in K. B. C. P. or Exchequer, as ante, 367 to 370.]-For that the said CD, on, &c. and on divers other days and times between that day, and the day of exhibiting this bill, (or if in the Common Pleas," and the commencement of this suit,") with force and arms, &c. drove, chased and hurried the sheep, ewes and lambs, &c. to wit, sheep, lambs, of the said A B, of great value, to wit, of the value of -. then depasturing, and being in and upon a certain waste, or common, called parish of ————————, in the county of ~———————— (a) and then and there chased and drove the said sheep, ewes and lambs, from and off the said common, to divers places to the said A Bunknown, whereby the said A B was not only put to great trouble and expense, amounting in the whole to a large sum of money, to wit, the sum of 7. in and about endeavouring to find his said sheep, ewes and lambs, but also divers thereof, to wit, sheep, ewes and of the value of thereof, to wit, lambs, of great value, to wit, . then and there died, and others sheep, ewes and lambs, of great value, to wit, of the value of -. then and there became and were wholly lost to the said A B, and the residue of the said sheep, ewes and lambs then and there became and were greatly damaged, and lessened in value, to wit, at, &c. aforesaid. And also for that the said CD, on, &c. with force and arms, for chasing &c. chased and drove about other the cattle, to wit, other sheep,orother cattle.(b) sheep, other ewes and other lambs, of the said (z) See the precedents, 9 Wentw. Index, 9. and observe the notes to the precedents, ante, S67 to 370. (a) This count is local, and will. compel the defendant to confine his justification, if any, to chasing from off the particular common. The next count (which is transitory, 1 Saund. 220.) should be added, and in general, is sufficient without the more special count. (b) See the precedents, 9 Wentw. Index, 9. and observe the notes to the precedents, ante 367 to 370. 1 Saund 220. AB, of great value, to wit, of the value of to wit, at the parish aforesaid, in the county aforesaid. Whereby the said last-mentioned, sheep, ewes and lambs, being of the value aforesaid, became and were greatly damaged, lessened in value, "and spoiled, to wit, at, &c. aforesaid. [State the damage to the cattle according to the fact, and which may be as in the last pre"cedent, and if there be any evidence to support it, add a count de bonis asportatis, as post, 379.] cattle or other property, as a { Commencement and conclusion in K. B. C. P. or Exchequer, For seizing as ante, 367 to 371.]-For that the said C D, on, &c. with force and arms, &c. seized, took and distrained a certain cow (or distress. (c) certain furniture, goods and chattels, to wit, &c.) of him the said A B, of great value, to wit, of the value of. to wit, at, &c. and then and there impounded the said cow, (or furniture, goods and chattels,) and kept and detained the same so there impounded, for a long space of time, to wit, for the space of days then next following, whereby the said A B for and during all that time lost, and was deprived of the use and benefit of his said cow, (or furniture, goods and chattels,) and thereby the same, then and there became and were greatly damaged, lessened in value, and spoiled, to wit, at, &c. aforesaid. [Add a count de bonis asportatis as follows :] And also, for that the said CD, on the A. D. day of * 379 Common with force and arms, &c. to wit, at the parish of count de bonis asportatis.(d) aforesaid, in the county of aforesaid, seized, took and drove (or "led,” or if inanimate property, say, "carried away") a certain cow [or certain goods and chattels, to wit, Sc. enumerating them as in trover, ante, 323, 324.] of the said A B, of great value, to wit, of the value of 1. of lawful money of Great Britain, there then found and being, and converted and disposed of the same to his own use. [Conclude as in K. B. C. P. or Exchequer, with the alia enormia, c. as ante, 367 to 370.]. (c) See the precedents, 9 Wentw. Index, 8, 9. and observe the notes, 371. ante, 367 to 370. VOL. II. (d) Observe the notes, ante, 367 to [ 43 ] For shooting a dog, &e.(e) [Commencement and conclusion in K. B. C. P. or Exchequer, as ante, 367 to 370.] For that the said C D, on, &c. with force and arms, &c. to wit, at, &c. shot off and discharged a certain gun, then and there loaded with gun-powder, and shot, at and against a certain dog of the said A B, of great value, to wit, of the value of . and thereby and therewith, then and there, so greatly shot, hurt and wounded the said dog, that by reason thereof the said dog, being of the value aforesaid, afterwards, to wit, on the day and year aforesaid, died, to wit, at, &c. aforesaid. [If the mode in which the defendant. injured the dog, &c. be doubtful, add a more general count, as Second count. follows:] And also for that the said CD, on, &c. aforesaid, with force and arms, &c. to wit, at, &c. aforesaid, so greatly beat, hurt and wounded a certain other dog of him the said AB, of great value, to wit, of the value of that by reason thereof the same dog, afterwards, to wit, on the day and year aforesaid, died, to wit, at, &c. aforesaid, and other *wrongs, &c. [Conclude in K. B. C. P. or Exchequer, as ante, 367 to 370.] *380 For running a carriage against the plaintiff's, whereby he [Commencement and conclusion in K. B. C. P. or Exchequer, as ante, 367 to 370.] For that the said C D, on, &c. with force and arms, &c. to wit, at, &c. drove a certain carriage, to wit, a thrown curricle, which he the said CD was then and there driving, in carriage da- and along the king's highway,, with great force and violence maged, and he was out and his pense in repairing it, and in medicines, &c.(f) was put to ex- upon and against a certain other carriage, to wit, a certain chaise, of him the said A B, of great value, to wit, of the value of. and in which said chaise he the said AB was then riding in and along the said king's highway, and thereby then and there greatly broke to pieces, damaged and spoiled the said chaise of the said AB. And by means of the premises, he the said A B was then and there cast and thrown with great force and violence from and out of his said chaise, to and upon the ground, and by means of the premises, he the said A B (e) See the precedents, 9 Wentw. Index, 9. 1 Saund. 82. and observe the notes, ante, 367 to 370. &c. It may be stated that the defendant assaulted the cattle or other animal; but this is not usual, Barnes, 452, (f) See the precedent, 3 East, 593. Observe the notes to the precedents, ante, 367 to 371. and the prece dent and notes, ante, 281, 282. The injury and the damage should be stated precisely according to the facts. was afterwards, to wit, on, &c. aforesaid, forced and obliged to, To carriages and ships. and did necessarily lay out and expend a large sum of money, to wit, the sum of. in and about the repairing and amending the damage so done to the said chaise as aforesaid, and also by means of the premises, he the said A B then and there became and was greatly bruised, hurt and wounded, and sick, sore, lame and disordered, and so remained and continued for a long space of time, to wit, for the space of - then next following, and during all that time, suffered and underwent great pain, and was hindered and prevented from performing and transacting his lawful affairs and business, by him during that time to be done, performed and transacted; and was also thereby forced and obliged to pay, lay out and expend divers sums of money, in the whole amounting to a large sum of money, *to wit, the sum of -. in and about endeavouring to be cured of the sickness, soreness, lameness and disorder aforesaid, occasioned as aforesaid, to wit, at, &c. aforesaid. * 381 and detaining plaintiff's cart and horse, and converting a halter. [Commencement and Conclusion in K. B. C. P. or Exchequer, For seizing as ante, 367 to 370.] For that the said C D, on, &c. with force and arms, &c. to wit, at, &c. stopped and seized a certain horse and cart of the said A B of great value, to wit, of the value of ―l. and kept and detained the same from the said A B for a long space of time, to wit, for the space ofthen next following, and then and there seized and took from and off the head of the said horse, a certain halter of the said A B, of great value, to wit, of the value of 1, and then and there carried away the same, and converted and disposed thereof to his own use, to wit, at, &c. aforesaid. [Add a count de bonis asportatis, as ante, 379. and observe the notes to the precedents, ante, 367 to 371.] [Commencement and Conclusion in K. B. C. P. or Exchequer, as ante, 367 to 371.] For that the said CD, on, &c. with force and arms, &c. to wit, at, &c. seized and took a certain barge or vessel of the said A B of great value, to wit, of the value of . and in which said barge or vessel, he the said A B then For seizing and detaining plaintiff's barge.(5) See the precedents, 9 Wentw. 4, 5. and observe the notes, ante, 367 to 37,1 To carriages and there intended, and was about to carry and convey certain and ships. * 382 goods and merchandise, for certain freight and reward, to be therefore paid to him the said A B, and then and there carried away the said barge or vessel, and kept and detained the same from the said AB for a long space of time, to wit, hitherto, and converted and disposed thereof to his own use, and thereby the said AB was hindered and prevented from carrying and conveying the said goods and merchandise as aforesaid, and thereby lost and was deprived of all the profits, benefit and advantages which might and would otherwise have arisen and accrued to him there from, to *wit, at, &c. aforesaid. [Add o count de bonis asportatis, as ante, 379.] For trespass in dwelling. house, breaking open doors, and seizing goods therein.(h) III. TO REAL PROPERTY. [Commencement and Conclusion in K. B. C. P. or Exchequer, as ante, 367 to 371.] For that the said CD, on, &c. and on divers other days and times between that day and the day of exhibiting this bill, (or if in C, P. "the commencement of this suit,") with force and arms, &c. broke and entered a certain dwelling-house of the said A B situate and being in the parish of, in the county of -, and then and there made a great noise and disturbance therein, and stayed and continued therein, making such noise and disturbance for a long space of time, to wit, for the space days then next following, and then and there forced and broke open, broke to pieces and damaged divers, to wit, doors of the said AB, of and belonging to the said dwelling-house, with the appurtenances, and broke to pieces, damaged and spoiled divers, to wit, of hinges, of and belonging to the wherewith the same were then fastened, and of great value, to wit, of the value of — and also during the time aforesaid, to wit, on the said day of (h) See the precedents, 9 Wentw. Index, 15. and the notes to the precedents, ante, 367 to 371. The trespasses, and the damage are to be stated according to the facts, and the formal points to be attended to are ante, 371. n. (c). |