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THE Practical Directions to the last (the Eighth) will chiefly apply to the Head of Trespass contained in this Volume. The Student will observe that the PLEAS in DeniaL and DiscHARGE are postponed to the Pleas,&c. in Excuse and JUSTIFICATION of Trespass, for Convenience in forming the Index; and will remember that all the subordinate Heads of Precedents in the modern Books of Precedents and Reports, together with the old Entries, fall under the larger Division denoted by the Figures within Parentheses on the right side of the Page in the ANALYSIS ; and that the Precedents in the principal Work, denoted by paging on the left side of the Page, although more minutely subdivided in the principal work (for the Student's Usc and for Practice) than in the references; yet they follow together without such Subdivision in many instances under the larger Division; and the References to the ancient Entries are distinctly marked by small Heads, arising out of the general Head or larger Division, laid together to fix the Eye and Attention, for Use and Convenience in Practice : And on perusal of the Analysis and the Figures of References, by turning to the INDEX as it follows will find (if he observes the Directions) how easily he can master the distribution. For Example, the Declarations in Trespass in the principal work are divided into minute Subdivisions, yet in the References to the more modern
Precedents they follow without Subdivision. So this sometimes happens in the Pleas, &c. but they exactly follow their leading Head ; and I might have contented myself with pursuing my System in a more general Division, and still complete for the Purposes of the Profession; but I am solicitous to give the Subdivisions as analitically as I can do with clearness, without embarrassing or confusing the Heads.
In SCIRE FACIAs I have not felt the Necessity to regard the Distribution of the Precedents for Practice; yet in framing the Index I have still attempted to diftribute the Head for practical Use.
Inner Temple, 4th Jan. 1799.
NORFOLK, to wit. Declaration for again
Jonathan Morris complains affaulting plainForby, CLERK, AND ANOTHER. Jof Joseph Forby, clerk, and tiff, and taking John Overland, being, &c.; for that the said defendants, on the away his gun. first of December 1780, with force and arms, to wit, swords, ftaves, sticks, and fifts, at Thetford, in the faid county of Norfolk, made an assault upon the said Jonathan, and then and there beat, bruised, wounded, and ill-treated him, so that his life was thereby in great danger, and then and there seized, took, and carried away from the faid Jonathan a gun of him the said Jonathan of the value of twenty pounds, and converted and disposed of the fame to the use of the said defendants: [2d Count, common assault; [3d Count, for that the said defendants, on the said first of December 1780, with force and arms, &c. at, &c. the goods and chattels, to wit, two other guns of the said Jonathan of the value of fifty pounds then and there found, and being seized, took, and carried away, and converted and disposed thereof to their own use, and other wrongs, &c. against the peace, &c. to the damage of the faid Jonathan
of fifty pounds; and therefore, &c.
Tho. WALKER. First, General Issue: And for further plea in this behalf as to Piea. the seizing, taking, and carrying away from the said Jonathan the said gun in the said first Count of the said declaration mentioned, and converting and disposing thereof to his own use above fupposed to have been committed by the said Joseph, be the said Joseph, by leave, &c. (actio non); because he says, that long before and at the said time when, &c. in the said first Count mentioned, one fir Sir T. H. feised Thomas Harris, knight, was and fill is feised in his demesne as of the manor of of fee of and in the manor of Shuldham, situate, lying, and be. ing in the parish of Shuldham, in the said county of Norfolk, and being so thereof feised, he the said fir Thomas, before the said time when, &c. in the said first Count mentioned, to wit, on the twenty-eighth of September 1779, at Thetford, in the said county Vol. IX. 1779
Sir T. H. by a of Norfolk, by a certain writing then and there made under his certain writing hand and real, duly entered with the clerk of the peace of the said duly with the clerk of
county of N. wherein the said manor of Shuldham lies (which faid
writing, sealed with the seal of the said fir Thomas, and bearing Profert in curia.
date the same day and year aforesaid, the said Joseph now brings
here into court), did nominate, and authorize and appoint the said Nominated the defendant
Joseph to be his gamekeeper of and within the manor of Shuldgamekeeper.
ham, with full power, licence, and authority to take and seize all. such guns, bows, greyhounds, lurchers, setting dogs, or other dogs, to kill hares or conies, ferrets, fammels, low bells, Nays, or other nets, hair pipes, or other snares or engines for the taking or killing of hares, pheasants, partridges, or other game, as within the precincts of the said manor ihould be used by any person or persons who by law are prohibited to keep the fame, and also to preserve any hare, pheasant, partridge, or any other game whatfoever in and upon the said manor, as in and by the said writing
(relation being thereunto nad) may more fully and at large apPlaintiff on the pear: And the said Joseph further faith, that a little before the manor using his faid times when, &c. to wit, on the said first of December in the gun in deftroy. faid first Count mentioned, the faid Jonathan was in and upon the ing gang, being said nanor, to wit, in a certain place there called Boswell Wood, qualified,
in the faid parish of Shuldham, in the said county of N. using the said gun there for the purpose of shooting game in and upon the said manor, and the said John then and there being a person by Jaw prohibited to keep or use the said gun for that purpose, and not
being qualified by the laws and statutes of this realm to to do, whereupon de- whereupon the said Joseph, as such gamekeeper as aforesaid, at fendant, as the laid time when, &c. in the said first Count of the said declagamekceper, seized the same.
ration mentioned in and upon the said manor, to wit, in the said clofe called Bofwell Wood, in the parilla aforesaid, in the said county of Norfolk, did take and seize the said gun, and carry the
fame away from the said Jonathan, as he lawfully might for the Traverse of the cause aforefaid; without this, that he the faid Joseph is guilty of taking out of the feizing and taking the faid gun in the said first Count of the said
declaration mentioned, at Thetford aforesaid, or elsewhere out of the said manor of Shuldham, in the parish of Staldham, in the said county of Norfolk, which are the said seizing, taking, and carrying away from the said Jonathan the said gun in the said first Count of the said declaration mentioned, and converting and disposing thereoí; wherefore, &c.; and this, &c.; wherefore, &c. [Third plca, as to seizing and taking the gun, leave and licence ]
Replication. And the fuid Jonathan, as to the said plea of the said Joseph
by him fecondly above pleaded in bar, as to the seizing, &c. by Admit fir T H's the said Joseph committed, (precludi non); because he says, that
true it is that fir Thomas Harris, knight, in that plea mentioned, was seiled in his demelne as of fee of land in the said manor of Shuldham in that plea also mentioned, in manner and form as in that plea is also mcntioned and alledged; and being so seifed thereof, the