ing to a large sum of money, to wit, the sum of 1. of like For vent lawful money, became and were due, and in arrear from the said A B to the said E F; and thereupon the said E F, on divers days and times, after the said several days and times when the said several sums of money so due and in arrear as aforesaid, and before the said time, when, &c. required payment of the said several sums of money so due and in arrear as aforesaid, of the said A B as being the occupier of the said dwelling-house, in which, &c. and thereupon the said A B in order to prevent the goods and chattels at the said several times being in the said dwelling-house, in which, &c. from being distrained, at the said several times, when, &c. when the said A B was so required as aforesaid, paid the said several sums of money so due and in arrear from the said C D to the said E F as aforesaid, which said several sums of money, so paid by the said A B to the said E F as aforesaid, greatly exceed the amount of the rent due and in arrear from him the said AB to the said CD in manner and form as the said CD hath above in his said cognisance in that behalf alleged. And this, &c. [conclude as ante, 630. seventh precedent.] And the said A B as to the said cognisance of the said CD by him above made, saith, that the said CD ought not by reason of any thing in that cognisance alleged to acknowledge the taking of the said goods and chattels in the said place, in which, &c. and justly, &c. because as to the sum of 1. parcel of the said rent in the said cognisance alleged to be due, and in arrear, and unpaid *from the said A B to the said E F, the said A B saith that no part of the said sum of. at the said time, when, &c. was in arrear in manner and form as the said CD hath in his said cognisance above alleged; and this he the said A B prays may be inquired of by the country, &c. And as to the sum of! residue of the said rent or sum of. in the said cognisance alleged to be due, and in arrear and unpaid from the said A B ́to the said EF, the said A B saith, that after the said feast day of St. Michael the Archangel, A. D. and before the said No rent in ar rear as to part, and tender as to the resi due.() * 635 () As to this plea, ante, 498. S Co. 147. a For rent. Eviction.(p) * 634 To avowryda time, when, &c. to wit, on the day of ——, in the year aforesaid, at, &c. aforesaid, he the said AB tendered and offered to pay to the said E F, the said sum of . which the said E F then and there refused to accept and receive of and from him the said A B; and that after the said tender, and before the said distress was so made and taken as aforesaid, no request or demand of the said sum of —. was ever made by or on the behalf of the said E F. And this, &c. [conclude with a verification, as ante, 630. seventh precedent.] [Commencement of plea in bar, as ante, 629, 630.] Because he saith, that the said C D after the making of the said demise in the said first avowry mentioned, and before any part of the said rent therein mentioned became due or in arrear, to wit, on, &c. A. D. ————————, at the parish aforesaid, in the county afore said, with force and arms, &c. entered into a certain messuage or dwelling-house, parcel of the said demised premises in the said avowry alleged to have been demised, in and upon the possession of him the said A B thereof, and him the said AB from his possession thereof, ejected, expelled, put out and amoved, and kept and continued the said A B so ejected, expelled, put out and amoved from his possession thereof, from thence, until, and upon and after the said — day of A. D. . And this, &c. *[conclude with a verification, as ante, 630. seventh precedent.] [Commencement of plea in bar, as ante, 629, 630.] Because mage-feasant he saith, that the said place in which, &c. now is and at the by freeholder, denial of his said time, when, &c. was the close, soil and freehold of him title.(q) the said A B, and not the close, soil and freehold of the said C D, (or “G H,”) in manner and form as the said CD hath above in his said avowry (or "cognisance") in that behalf alleged; and this he the said A B prays may be inquired of by the country, &c. (1) See the pleas of eviction, ante, 486, and 1 Saund. 204. n. 2. (9) See the avowry, ante, 516. As to this plea in bar, sce 2 Saund. 206. a. n. 22. If there be any doubt as to the plaintiff being a freeholder, the plea in bar should merely traverse the defendant's title without stating the plaintiff's, which in all cases is sufficient. sant. [Commencement of plea in bar, as ante, 629, 630.] Because Damage feahe saith, that the said E F in the said avowry (or “cognisance”) To avowry damentioned, did not demise the said place, in which, &c. to mage-feasant the said CD in manner and form as the said CD hath above by tenant, train his said avowry in that behalf alleged; and this he the said demise.() A B prays may be inquired of by the country, &c. verse of the Because To avowry dawit, on, by freeholder mage-feasant place orleaseholder, [Commencement of plea in bar, as ante, 629, 630.] he saith, that long before the said time, when, &c. to &c. at, &c. aforesaid, he the said CD demised the said in which, &c. with the appurtenances to the said ♬ B, to and to hold the same to the said A B, from the that defendant have demised locus in quo to day plaintiff.(8) of in the year last aforesaid, for one year then next following, and fully to be complete and ended, and so from year to year, for so long time as the said C D and A B should respectively please: By virtue of which said demise, he the said A B long before the said time, when, &c. to wit, on, &c. last *aforesaid, entered into the said place, in which, &c. with the appurtenances, and became and until and at the said time when, &c. was possessed thereof, and being so possessed thereof, he the said A B, afterwards and during the continuance of the said tenancy, and before the said time, when, &c. to wit, on, &c. put the said cattle in the said declaration mentioned, into the said place in which, &c. to feed and depasture on the grass there then growing, and which said cattle were lawfully in and upon the said place, in which, &c. feeding and depasturing on the grass there then growing, from thence until the said CD of his own wrong, at the said time, when, &c. during the continuance of the said tenancy, took the said cattle in the said declaration mentioned, in and upon the said place, in which, &c. and detained the same against sureties and pledges, until, &c. in manner and form as the said A B hath above complained against him the said CD. And this, &c. [conclude with a verification, as ante, 630, seventh precedent.] * 635 (r) See the avowry, ante, 516. cording to the facts, see the prece Damage fea Bunt. [Commencement of plea in bar, as ante, 629, 630.] Because he saith, that he the said A B before and at the said time To avowry for distress da- when, &c. was lawfully possessed of and in a certain close, &c. mage feasant that plaintiff's (state the plaintiff's possession of the adjoining close, and the cattle escaped obligation of the occupier of locus in quo to repair the fence, into locus in the defeet of quo through and that the fence was out of repair, and that plaintiff's cattle fences which thereby escaped into locus in quo, as in the precedent, ante, 557, the occupier 558, 559. and 2 Saund. 284, 285. and after stating such escape, ought to have repaired. (t) proceed as follows:) † and remained therein until the said CD before the said A B had or could have any notice that the said cattle were in the said place in which, &c. to wit, at the said time, when, &c. of his own wrong, took the said cattle in the said place, in which, &c. and unjustly detained the same against sureties and pledges, *in manner and form as he the said A B hath above thereof complained against him the said CD. And this, &c. (conclude with a verification, as ante, 630. seventh precedent, see 2 Saund. 285. a.) * 636 [Commencement of plea in bar, as ante, 629, 630.] Because he saith, that the said field or place, called, &c. now lieth, and at the said time, when, &c. did lie, and from time whereof the memory of man is not to the contrary, hath lain, contigu ous and next adjoining on one side thereof to a certain field or place, called, &c. situate and being in the said parish of in the county of and separated and divided therefrom by a certain hedge or fence, and in which said hedge of fence, long before and at the said time, when, &c. there was and still is a certain gate and gateway, leading from and out of the said field or place, called, &c. into the said field or place, called, &c. in which, &c. And the said AB further saith, that the said CD and all others the tenants and occupiers of the said field or place, called, &c. in which, &c. for the time (1) See the precedent and law, 2 Saund. 284. c. 285. n. 4. 289. n. 7. and the notes to the precedent, ante, 256 to 259. Where the occupier of the tocus in quo is bound to fence against a highway, see the precedent and law, 2 Hen. Bl. 527. S Wils. 1%. The above precedent will also serve as a plea in bar to an avowry of rent, see 2 Saund. 284. c. (u) See the note to the last prece dent. 1 sant. being, from time whereof the memory of man is not to the Damage fea. * 637 The like that locus in quo adjoins a com mom in which plaintiff bad [Commencement of plea in bar, as ante, 629, 630.] Because he saith, that the said place, in which, &c. before and at the said time, when, &c. and from time whereof the memory of man is not to the contrary, hath been, and still is, contiguous right of comand next adjoining to a certain common or waste, situate, lying the cattle esand being in the parish aforesaid, in the county aforesaid, and eaped through (x) See the notes to the precedents, ante, 555, 557. 635. VOL. II. [72] mon, and that defect of fence between the common and locus in quo, which def d ant ought to have repaired. (x) |