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THE Practical Directions to the laft (the Eighth)

will chiefly apply to the Head of TRESPASS contained in this Volume. The Student will obferve that the PLEAS in DENIAL and DISCHARGE are poftponed to the PLEAS, &c. in Excuse and JUSTIFICATION of TRESPASS, for Convenience in forming the INDEX; and will, remember that all the fubordinate Heads of Precedents in the modern Books of Precedents and Reports, together with the old Entries, fall under the larger Divifion 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 fubdivided in the principal work (for the Student's Ufe and for Practice) than in the references; yet they follow together without fuch Subdivifion in many inftances under the larger Divifion; and the References to the ancient Entrics are diftinctly marked by small Heads, arifing out of the general Head or larger Divifion, laid together to fix the Eye and Attention, for Ufe and Convenience in Practice: And on perufal of the ANALYSIS and the Figures of References, by turning to the INDEX as it follows will find (if he obferves the Directions) how eafily he can mafter the diftribution. For Example, the Declarations in TRESPASS in the principal work are divided into minute Subdivifions, yet in the References to the more modern

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Precedents they follow without Subdivifion. So this fometimes happens in the Pleas, &c. but they exactly follow their leading Head; and I might have contented myself with pursuing my Syftem in a more general Divifion, and still complete for the Purposes of the Profeffion; but I am folicitous to give the Subdivisions as analitically as I can do with clearnefs, without embarraffing or confufing the Heads.

In SCIRE FACIAS I have not felt the Neceffity to regard the Distribution of the Precedents for Practice; yet in framing the INDEX I have ftill attempted to diftribute the Head for practical Ufe.

Inner Temple, 4th Jan. 1799.

J. WENTWORTH.

TRESPASS.

I. To PERSONS.

MORRIS
against

NORFOLK, to wit. Declaration for Jonathan Morris complains affaulting plainFORBY, CLERK, AND ANOTHER. of Jofeph Forby, clerk, and tiff, and taking John Overland, being, &c.; for that the faid defendants, on the away his gun. firft of December 1780, with force and arms, to wit, fwords, ftaves, fticks, and fifts, at Thetford, in the faid county of Norfolk, made an affault upon the faid Jonathan, and then and there beat, bruifed, wounded, and ill-treated him, fo that his life was thereby in great danger, and then and there feized, took, and carried away from the faid Jonathan a gun of him the faid Jonathan of the value of twenty pounds, and converted and disposed of the fame to the use of the faid defendants: [2d Count, common assault ; [3d Count, for that the faid defendants, on the faid firft of December 1780, with force and arms, &c. at, &c. the goods and chattels, to wit, two other guns of the faid Jonathan of the value of fifty pounds then and there found, and being feized, took, and carried away, and converted and difpofed thereof to their own ufe, 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 Iffue: And for further plea in this behalf as to Plea. the feizing, taking, and carrying away from the faid Jonathan the faid gun in the faid firft Count of the faid declaration mentioned, and converting and difpofing thereof to his own ufe above fuppofed to have been committed by the faid Jofeph, he the faid Jofeph, by leave, &c. (actio non); because he fays, that long before and at

S.

the faid time when, &c. in the faid firft Count mentioned, one fir Sir T. H. feiled Thomas Harris, knight, was and ftill is feised in his demefne as of the manor of of fee of and in the manor of Shuldham, fituate, lying, and being in the parish of Shuldham, in the faid county of Norfolk, and being fo thereof feifed, he the faid fir Thomas, before the faid time when, &c. in the faid firft Count mentioned, to wit, on the twenty-eighth of September 1779, at Thetford, in the faid county VOL. IX.

B

of

duly entered

the peace.

Profert in curia.

defendant his

Sir T. H. by a of Norfolk, by a certain writing then and there made under his certain writing hand and feal, duly entered with the clerk of the peace of the faid with the clerk of County of N. wherein the faid manor of Shuldham lies (which faid writing, fealed with the feal of the faid fir Thomas, and bearing date the fame day and year aforefaid, the faid Jofeph now brings here into court), did nominate, and authorize and appoint the faid Nominated the Jofeph to be his gamekeeper of and within the manor of Shuldgamekeeper. ham, with full power, licence, and authority to take and feize all, fuch guns, bows, greyhounds, lurchers, fetting dogs, or other dogs, to kill hares or conies, ferrets, fammels, low bells, flays, or other nets, hair pipes, or other fnares or engines for the taking or killing of hares, pheafants, partridges, or other game, as within the precincts of the faid manor fhould be ufed by any perfon or perfons who by law are prohibited to keep the fame, and alfo to preferve any hare, pheafant, partridge, or any other game whatfoever in and upon the faid manor, as in and by the faid writing (relation being thereunto had) may more fully and at large apPlaintiff on the pear: And the faid Jofeph further faith, that a little before the manor ufing his faid times when, &c. to wit, on the faid first of December in the gun in deftroy faid firft Count mentioned, the faid Jonathan was in and upon the ing game, being faid manor, to wit, in a certain place there called Bofwell Wood,

ur qualified,

gamekeeper,

in the faid parish of Shuldham, in the faid county of N. ufing the faid gun there for the purpofe of fhooting game in and upon the faid manor, and the faid John then and there being a person by Jaw prohibited to keep or ufe the faid gun for that purpose, and not being qualified by the laws and ftatutes of this realm fo to do, whereupon de- whereupon the faid Jofeph, as fuch gamekeeper as aforefaid, at fendant, as the faid time when, &c. in the faid firft Count of the faid declaration mentioned in and upon the faid manor, to wit, in the faid feized the fame. clofe called Bofwell Wood, in the parish aforefaid, in the faid county of Norfolk, did take and feize the faid gun, and carry the fame away from the faid Jonathan, as he lawfully might for the Traverfe of the caufe aforefaid; without this, that he the faid Jofeph is guilty of taking out of the feizing and taking the faid gun in the faid firft Count of the said declaration mentioned, at Thetford aforefaid, or elsewhere out of the faid manor of Shuldham, in the parish of Shuldham, in the faid county of Norfolk, which are the faid feizing, taking, and carrying away from the faid Jonathan the faid gun in the faid firft Count of the faid declaration mentioned, and converting and difpofing thereof; wherefore, &c.; and this, &c.; wherefore, &c. [Third plea, as to feizing and taking the gun, leave and licence ] ROB. GRAHAM.

manor.

Replication.

feilin.

And the faid Jonathan, as to the faid plea of the faid Jofeph by him fecondly above pleaded in bar, as to the feizing, &c. by Admit firT H's the faid Jofeph committed, (precludi non); because he says, that true it is that fir Thomas Harris, knight, in that plea mentioned, was feifed in his demefne as of fee of land in the faid manor of Shuldham in that plea alfo mentioned, in manner and form as in that plea is alfo mentioned and alledged; and being fo feifed thereof, the

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