&C.

refidue of the term te the de fondant.

tered.

faid B. Jones deceased, at the time of his death, by Frederick, by divine Providence, Archbishop of Canterbury, to whom the granting of adminiftration in that behalf belonged in due form of law, was committed to Mary Jones, by virtue whereof, fhe the faid Mary J. afterwards, and before the faid time when, &c. to wit, on the M. J. entered, fame day and year laft aforefaid, entered into the faid ftables, with the appurtenances whereof, &c. and became and was thereof poffeffed for the reft, refidue, and remainder of the faid term of ninety-nine years then to come and unexpired, and being fo poffeffed thereof as aforefaid, fhe the faid Mary Jones afterwards, and long before the faid time when, &c. to wit, on the twenty-fourth of M. J. effigned February 1783, at the parish aforefaid, in the faid county, affignpremifes for the ed the faid ftable with the appurtenances, whereof, &c. to the faid Thomas, to hold to him the faid Thomas from thenceforth for and during the reft, refidue, and remainder of the faid term of ninety-nine years then to come and unexpired; by virtue of Defendant en which faid affignment, he the faid Thomas afterwards, and long before the faid first time when, &c. entered upon the faid ftable whereof, &c. and became and was poffeffed thereof continually from thenceforth, until a little before the said first time when, &c. and being fo poffeffed thereof, the faid Ralph afterwards, and a little before the faid first time when, &c. to wit, on the first of Colour given. September 1786, under colour of a certain charter of demife thereof made by the faid Edward Greenly to him the faid Ralph for the term of his natural life, before the making of the said demife to the faid Benjamin Jones deceased, when in fact nothing ever paffed into the poffeffion of the faid Ralph by virtue of that charter of demife, wrongfully entered into the faid building, in the faid declaration mentioned, parcel of the faid ftable with the appurtenances, and was poffeffed thereof, upon whofe poffeffion en- thereof, he the faid Thomas at the faid feveral times when, &c. the faid term of ninety-nine years at the faid feveral times when, &c. being in full force and undetermined, entered the faid building as being the building of the faid Thomas, and parcel of the faid ftable with the appurtenances, and dug and fubverted the foil in the faid building as being the foil of the faid Thomas in his faid building, parcel, &c. erected, raifed, and built the faid partition in, over, and upon the ground of the faid building and foil of the faid building, and kept and continued the fame fo there erected, railed, and built for and during the time in the faid declaration above mentioned, as being the ground and foil of the faid Thomas in his faid building, parcel, &c. as it was lawful for him to do for the caufe aforelaid, which are the fame, 3d Plea, leave &c. whereof, &c.; and this, &c.; wherefore, &c.: And for further plea in this behalf, as to the putting and laying, and caufing to be put and laid the faid timbers and pieces of wood into the faid holes in the faid wall, in the faid declaration mentioned, and keeping and continuing them there for the faid fpace of time in the faid declaration mentioned, above fuppofed to have been done by the faid Thomas, he the faid Thomas by like leave, &c. (actio non); 4 becaufe

Defendant tered, &c.

and licence.

because he fays, that he the faid Thomas, by the leave and licence of the faid Ralph before that time given and granted, to wit, at the parish aforefaid, in the faid county, put and laid, and caufed to be put and laid the faid timbers and pieces of wood up the faid holes in the faid wall in the faid declaration mentioned, and kept and continued the fame there for the said space of time in the faid declaration mentioned, whereof the faid Ralph hath above complained against the faid Thomas; and this, &c.; wherefore, &c.

F. BOWER.

fignment the de

And the faid Ralph, as to the faid plea of the faid Thomas by Replication, that him fecondly above pleaded in bar as to the breaking, &c. by the after the said affaid Thomas above done, fays, that by reafon, &c. precludi non; fendant demifed because he says, that after the faid affignment of the faid ftable, the faid building with the appurtenances, whereof, &c. to the faid Thomas in the to M. J. faid fecond plea of the faid Thomas mentioned, and long before the faid time when, &c. to wit, on the twenty-fourth of February 1783, at, &c. the faid Thomas demifed the faid building called the Woodhoufe, parcel, &c. in which, &c. to wit, the appurtenances, to the faid Mary Jones, to hold the fame to the faid Mary from thenceforth for and during the term of one year, and fo on from year to year, for fo long a time as the faid Thomas and Mary fhould pleafe; by virtue of which faid demife the faid Mary afterwards, and before the faid first time when, &c. to wit, on the fame day and year last aforefaid, entered into the faid building M. J. entered, called the Woodhoufe, and became and was poffeffed thereof for &c.

the faid term to her thereof demifed, and being fo poffeffed thereof

the faid Mary Jones afterwards, and long before the faid time M. J. affigned when, &c. to wit, on the twenty-ninth of December 1785, at, to one T. P. &c. affigned the faid building called the Woodhoufe, parcel, &c. and in which, &c. with the appurtenances, to one Thomas Phillips, to hold to the faid Thomas Phillips for and during the refidue of the said term to the faid Mary Jones thereof demised as laft aforefaid, by virtue of which affignment the faid Thomas Phillips afterwards, and before the faid time when, &c. to wit, on the T. P. entered, fame day and year laft aforefaid, entered into the faid building &c. called the Woodhoufe, in which, &c. and became and was polfeffed thereof for the remainder of the faid term fo thereof demifed to the faid Mary by the faid Thomas Lane, and being fo poffeffed thereof, he the faid T. P. afterwards, and long before the faid. time when, &c. to wit, on the ninth of June 1786, at, &c. af- T. P. affigned figned the faid building called the Woodhoufe, parcel, &c. in to plaintiff. which, &c. with the appurtenances, to the faid Ralph, to hold to him the faid Ralph for and during the refidue of the faid term to the faid Mary thereof demifed as laft aforefaid, by virtue of which faid affignment the faid Ralph afterwards, and before the faid first time when, &c. to wit, on the fame day and year laft aforefaid, entered into the faid building called the Woodhoufe, and became and was poffeffed thereof for the remainder of the faid term to the

Plaintiff enter

ed, &c.

defendant de in

To 3d plea.
Iffue thereon.

and was pof- faid Mary Jones thereof demifed by the faid Thomas Lane, and feffed, until the continued fo poffeffed thereof until the faid Thomas Lane, of his own wrong, afterwards, to wit, at the faid feveral times when, juria fua, &c. (the demife to &c. (the faid demife fo made to the faid Mary Jones by the faid M. J. being in Thomas Lane being then in full force and in no ways ended or full force.) determined), committed the trefpaffes aforefaid in the faid plea above attempted to be juftified; and this, &c.; wherefore, &c.: And the faid Ralph, as to the faid plea of the faid Thomas Lane by him laftly above pleaded as to the putting, &c. precludi non ; because he fays, that the faid Thomas Lane did not by the leave and licence of the faid Ralph put clay, and cause to be put and laid the said timber and pieces of wood into the faid holes in the faid walls in the faid declaration mentioned, and keep and continue the fame there for the faid space of time in the faid declaration mentioned, in manner and form as the faid Thomas Lane hath above in pleading alledged; and this the said Ralph prays may be enquired of by the country, &c. WM. WALton.

Hilary Term, 28. Geo. III.

Rejoinder, proAnd the faid Thomas Lane, as to the faid plea of the faid testing infuf- Ralph by him above pleaded by way of reply to the faid plea ficiency. of the faid Thomas Lane by him fecondly above pleaded in bar as to the breaking, &c. above fuppofed to be done by the faid Thomas Lane, he the faid Thomas Lane protesting that the said plea of the faid Ralph by him above pleaded by way of reply to the faid plea of the faid Thomas Lane by him fecondly above pleaded in bar, and the matters therein contained, are not fufficient in law for him the faid Ralph to have or maintain his aforeProtesting allo said action against him the faid Thomas Lane; protesting also that the demife that the said demise in the faid replication of the faid Ralph preto M. J. was tended to have been made by the faid defendants to the faid Mary Jones was not at the faid feveral times when, &c. in full force Says that de- and no way ended or determined; for rejoinder nevertheless in fendant did not this behalf faith, that the faid Thomas Lane did not demife the demife to M. J. faid building called the Woodhoufe, parcel, &c. and in which, &c. with the appurtenances, to the faid Mary Jones in manner and form as the laid Ralph hath above in pleading alledged; and of this he the said Thomas Lane put himself upon the country, &c. Drawn by MR. J. GRAHAM.

not in force.

Declaration in SUMPTER, ESQUIRE,

B. R for break

ingopena pound,

defendant's cat

against
CROSS.

Thomas Sumpter, efquire, complains of
James Crofs, being, &c.; that whereas

and taking out the faid Thomas, on the eighteenth of September 1787, at the tle, which plain- parifh of Hifton, in the faid county of Cambridge, in a certain tiff had im- clofe of the faid Thomas there called Hifton Common, had taken pounded, having the horses, mares, and geldings, to wit, fix horfes, fix mares, taken them da- and fix geldings of the faid James, which were then and there

mage feafant.

eating

eating up, depafturing, treading down, confuming, and spoiling the corn and grafs of the faid Thomas then growing in the faid clofe, and doing damage to the faid Thomas there and then, there had impounded the faid horfes, mares, and geldings in the common pound at the parish aforefaid for the damage then done in the faid close, the faid James thereupon afterwards, to wit, on the fame day and year aforefaid, at the parifh aforefaid, with force and arms, broke, and the faid horses, mares, and geldings fo impounded, took, led, and drove away: And alfo for that the faid James, on the faid firft of June 1787, and on divers other days and times between that day and the day of exhibiting, &c. with force and arms, broke and entered a certain clofe of the faid Thomas called Hifton Common, at the parish of Hifton aforesaid, in the faid county, and with his feet in walking trod down, trampled upon, confumed, and spoiled the grafs and corn, to wit, wheat, rye, barley, oats, peafe, and beans of the faid Thomas there then growing and being of great value, to wit, of the value of five pounds, &c. and with cattle, to wit, horses, mares, and geldings, bulls, cows, oxen, heifers, fheep, and fwine, eat up, depastured, trod down, trampled upon, confumed, and Spoiled other the grafs and corn, to wit, &c. of the faid Thomas there then growing of other great value of other five pounds of, &c. And alfo for that the faid James afterwards, to wit, on, &c. and on divers other days and times between that day and the day of, &c. with force and arms, broke and entered a certain other close called the Pound, fituate, lying, and being in the parish aforefaid, in the faid county, and with his feet in walking trod down, &c. &c. of the faid Thomas then and there growing of other great value, to wit, of the value of other five pounds of, &c. and then and there broke to pieces, damaged, fpoiled, and destroyed the locks, hinges, and ftaples of and belonging to a certain door or gate in the faid last-mentioned close, to wit, five locks, five pair of hinges, and five ftaples of other great value, to wit, of the value of other five pounds of, &c. and other wrongs and injuries, &c. &c. Pledges, &c.

I prefume that the cattle were trefpaffing on Hifton Common, which be. longs to the plaintiff as lord of the manor. I have joined a count for the pound breach, with the trefpafs upon the common in the pound, though I have

Drawn by MR. J. GRAHAM.

fome doubt whether the pound breach
can be joined with the trefpafs; and
therefore I would advife plaintiff in tak-
ing his verdict to take it either upon the
firit Count or upon the two last Counts.

In K. B. Trinity Term, 18. Geo. III.

FRIDENBERG MIDDLESEX, to wit. John Fridenberg Declaration in against complains againft John Davenport, Richard B. B. R for breakDAVENPORT. &c. being in the cuftody, &c.; for that the faiding plaintiff's John Davenport, &c. on, &c. and on divers other days and times down his grafs and corn, proftrating the hedges, and with horfes and carts cutting up and fubverting the foil, &c. &c.

between

clofe, treading

between that day and the day of exhibiting this bill, with force and arms, &c. broke and entered a clofe, to wit, a certain close of the faid F. called, &c. at, &c. and with their feet in walking trod down, trampled upon, and confumed the grafs and corn, to wit, wheat, rye, barley, &c. of the faid John of the value of ten pounds on thofe feveral days and times growing and being in the faid clofe, and with their cattle, to wit, horfes, eat up, depaftured, trod down, trampled upon, confumed, and spoiled other the grafs and corn, to wit, other wheat, rye, &c. of the faid John of the value of other ten pounds on those feveral days and times there alfo growing and being on the faid close, with the wheels of carts and other carriages threw down and proftrated, fpoiled, and deftroyed other the corn and grafs, to wit, &c. of the faid John of the value of other ten pounds on those several days and times alfo growing and being in the faid close, and also with the wheels of the faid carts, &c. turned up, rooted up, and fubverted the foil, to wit, one hundred perches of the faid John in his faid clofe, and broke down, threw down, proftrated, and deftroyed the faid hedge and fences, to wit, &c. of the faid John of the value of other ten pounds, on those several days and times flanding, growing, and lying in his faid clofe: And alfo for that the faid John D. &c. on, &c. and on divers other days and times between that day and the day of exhibiting the bill, with force and arms, &c. broke and entered a certain other clofe of the faid John, at, &c. and with their feet in walking trod down, trampled upon, confumed, and fpoiled the grafs and corn, to wit, wheat, &c. to wit, of the value of ten pounds on thofe feveral days and times growing and being in the faid close, and with their cattle, to wit, horfes, &c. eat up, trod down, trampled upon, confumed, and fpoiled other the grafs and corn, to wit, wheat, rye, &c. of the faid John, &c. of the value of other ten pounds, on thofe feveral days and times laft-mentioned, and with the wheels of carts, waggons, &c. threw down, proftrated, fpoiled, and deftroyed other the grafs and corn, to wit, other wheat, rye, &c. of the faid John of the value of other ten pounds on those several laft-mentioned days and times also growing and being in his faid laft-mentioned clofe, and which wheels of the faid laft-mentioned carts, waggons, &c. turned up, rooted up, and fubverted the foil, to wit, one hundred perches of the foil of the faid John in the faid laft-mentioned clofe, and broke down, threw down, proftrated, and deftroyed other the hedges and fences, to wit, forty-eight perches of other hedges, and forty perches of other fences of the faid John of the value of other ten pounds on thofe laft-mentioned days and times ftanding, growing, and being in his faid laft-mentioned clofe, and other injuries to the faid J. then and there did to his great damage, and against the peace of our lord the now king; wherefore he fays he is injured, and hath fuftained damage to the value of one hundred pounds; and therefore he brings fuit, &c. W. WALTON.

MAYOR