MAYOR AND CORPORATION OF NORWICH

against SWANN.

clofe, and ere&t

ing aft there

fame thereon,

NORWICH, Declaration in to wit. John C. B. for enter. Swann, late of, ing plaintiff's &c. was attached to answer the mayor, fheriffs, and citizens of Norwich in a plea; wherefore the faid John, with force and arms, in, and ftables, &c. broke and entered the clofe of the faid mayor, fheriffs, ci- Rools, &c &c. tizens, and commonalty, lying and being in the parish, &c. and and continuing there erected, fet up, put up, and placed divers ftables, ftoois, &c. &c. truffels, chairs, baskets, hampers, fteps, pots, pans, candlesticks, faucepans, boilers, and lanthorns in and upon the faid clofe, and kept and continued the fame fo there erected, fet up, put, and placed for a long space of time, and other wrongs to the faid mayor, fheriff's, citizens, and commonalty there did, to the great damage of the faid theriffs, citizens, and commonalty, and against the peace of our lord the now king; and thereupon the said mayor, heriffs, citizens, and commonalty, by A. B. their attorney, complain, that the faid John, on, &c. and on divers other days and times between that day and the day of fuing forth the original writ of the faid mayor, theriffs, citizens, and commonalty, with force and arms, broke and entered the faid clofe of the faid mayor, heriffs, citizens, and commonalty, lying and being in the parish, &c. and there erested, fet up, and placed divers tables, ftools, &c. to wit, three tables, &c. &c. in and upon the faid clofe, and there kept and continued the fame fo there erected, fet up, put up, and placed for a long space of time, to wit, for the space of, &c. and other wrongs, &c. to the great damage, &c. and against the peace, &c.; whereupon the faid mayor, fheriffs, citizens, and commonalty fay they are injured, and have fuftained damages to the amount of fifty pounds; and thereupon they bring fuit, &c.

N. B. Erecting of falls in a market is not of common right, and trespass will lie at the fuit of the owner of the foil again ft any one who fets up a stall without leave, 1. Wilf. 137. 2. Show. 1238.

TCOMER

An account of the pleadings in this this caufe, with the argument on which judgment was given for the plaintiff, in 2. Black. Rep. 1116.

Trinity Term, 20. Geo. III.
SOMERSETSHIRE, to wit.

and breaking to

Jofeph Toomer Declaration for against complains againft George Coomer, being, &c.; for entering clufe. COOMER. that the faid George, on the fixteenth of September and destroying I 1785. and on divers other days and times between that day and gares and fences, the day of exhibiting the bill of the faid Jofeph, with force and picces locks, &c. arms, broke and entered the clofe of the faid Jofeph called Cocklake Orchard, fituate, lying, and being in the parish of Wedmore, in the said county of Somerfet, and with his feet in walking trod down, trampled upon, confumed, and fpoiled the grafs of the faid Jofeph there then growing of great value, to wit, of the value of five pounds, and with faws, hatchets, hammers, pickaxes, fpades, and other iron inftruments, pulled down, broke down, broke to pieces, fpoiled, proftrated, and deftroyed the VOL. IX. gates,

Plea ift, Gene. ral lffue.

entering

clofe.

the

gates, hedges, and fences of the faid Jofeph, to wit, five gates,
five perches of the hedges, and five perches of the fences then
and there erected, standing, and being, and the wood and bushes
thereof coming, to wit, five cart loads of wood, and five cart
loads of bushes, feized, took, and carried away, and converted
and difpofed thereof to their own ufe, and tore off, broke off,
broke to pieces, damaged, and fpoiled the locks, chains, bolts,
hinges, hafps, and ftaples, to wit, five locks, five chains, five
bolts, five pair of hinges, five hafps, and five ftaples of and be-
longing to the faid Jofeph, and wherewith the faid gates were
then and there locked, chained, bolted, and faftened, and the
materials thereof coming, of the value of five pounds, feized,
took, and carried away, and converted and difpofed thereof to
his own ute, and other injuries to the faid Jofeph the faid George
then and there did, against the peace of our lord the king, and
to the damage of the faid Jofeph of twenty pounds; therefore he
brings fuit, &c.
Drawn by MR. CROMPTON.

And the faid George, by George South his attorney, comes and defends the force and injury, when, &c. and fays, that he is not guilty of the premises above laid to his charge in manner and form as the faid Jofeph hath above thereof complained against him; and of this he puts himself upon the country, &c.; and the 2d plea, as to faid Jofeph doth fo likewife, &c.: And for a further plea in this behalf as to the breaking and entering the faid clofe of the faid Jofeph in the faid declaration mentioned, and with his feet in walking treading down, trampling upon, confuming, and spoiling the faid grafs there then growing, by the faid George above fuppofed to have done, he the faid George, by, &c. fays that the faid Jofeph (actio non); because he' fays, that he the faid George, at the faid feveral times when, &c. in the faid declaration mentioned, Leave and by the leave and licence of the faid Jofeph to the faid George for that purpofe firft given and granted, entered the faid clofe in which, &c. in the faid declaration mentioned, and with his feet in walking trod down, trampled upon, fpoiled, and confumed the grafs of the faid Jofeph there growing, as he lawfully might for the caufe aforefaid, which are the fame fuppofed trefpaffes in the introduction to this plea above particularly mentioned, whereof the faid Jofeph hath above complained against him; and this, &c.; as to wherefore, &c.: And for further plea in this behalf as to the cloic breaking and entering the fame clofe in which, &c. in the faid and breaking the declaration mentioned, and with his feet in walking treading

tence to

clofe.

enter

down, trampling upon, fpoiling, and confuming the grafs there then growing, and tearing off, breaking off, breaking to pieces, damaging, and fpoiling the faid locks, chains, bolts, hinges, hafps, and ftaples of and belonging to the faid Jofeph wherewith the faid gates in the faid declaration mentioned were locked, chained, bolted, and faftened by the faid George above supposed to be done, he the faid George, by leave, &c. fays that the faid

fold to defendant the pafturage of

thereupon put

Jofeph (actio non); because he fays, that he the faid Jofeph, longionen; bebefore the faid times when, &c. in the faid declaration mentioned, caufe plaintiff or any of them, to wit, on the twenty-feventh of June 1785, at bargained and the parish aforefaid, bargained and fold to the faid George, and the faid George then and there bargained and bought of the faid locus in que. Jofeph the grafs and pafturage of the faid clofe of the faid Jofeph in which, &c. to be fed, depaftured, eat, and confumed by the cattle of the faid George from the faid twenty-feventh of June, in the year aforefaid, until the first of November then next following, by virtue of which faid bargain and fale the faid George afterwards, to wit, on the twenty-eighth of June, in the year afore- Defendant faid, and alfo on divers other days and times between that day and his cattle into the first of November in the year aforefaid, did put divers cattle locus in que; and of him the faid George into and upon the faid close in which, &c. because the said to graze, feed, and depafture on the grafs there growing and be- gates were locked and fastened, ing, and because the said gates of the faid clofe in which, &c. at the faid feveral times when, &c. in the faid declaration mentioned, locks, &c. and he pulled off the being refpectively days and times between the said twenty-feventh put in his cattle. of June and the faid firft of November in the year aforefaid, at the parish aforefaid, were locked, chained, bolted, and fastened with the faid locks, chains, bolts, hinges, hafps, and ftaples in the faid declaration mentioned, by means whereof the faid George was obftructed, prevented, and hindered from putting divers cattle of him the faid George into the faid clofe in which, &c. to feed and depafture on the grafs then growing in the faid close in which, &c. he the faid George, at the faid feveral times when, &c. in the faid declaration mentioned, fo refpectively being days and times between the faid twenty-feventh of June and the first of November in the year aforefaid, in order to put the faid laft- And in so doing, mentioned cattle of him the faid George into the faid clofe in &c. which, &c. to feed and depasture on the faid grafs there growing and being in the faid close, did tear off and break off the faid locks, chains, bolts, hinges, hafps, and staples from off the faid gates, and thereby opened the faid gates, and put his faid laft-mentioned cattle into the faid close in which, &c. to feed and depafture on the grafs there growing until the faid firft of November in the year aforefaid, as he lawfully might, and in fo doing he the faid George, with his feet in walking, trod down, trampled upon, fpoiled, and confumed a little of the grafs of the faid Jofeph at those times growing in the said close, and neceffarily and unavoidably did a little break to pieces, damage, and fpoil the faid locks, chains, bolts, hinges, hafps, and ftaples in the faid declaration mentioned, doing as little damage to the fame as he poffibly could on that occafion, which are the fame trefpaffes in the introduction to this plea above particularly mentioned, and whereof the faid Jofeph hath above complained against him; and this, &c. ; wherefore, &c,

J. BURROUGH.

Replication to

fue thereon.

Hilary Term, 26. Geo. III.

And the faid Jofeph, as to the faid plea of the faid George by fecond plea; if him fecondly above pleaded in bar as to the breaking and entering the faid clofe of the faid Jofeph in the faid declaration mentioned, and with his feet in walking treading down, trampling upon, fpoiling, and confuming the faid grafs there then growing, by the faid George above acknowledged to be done by the faid Jofeph. fays, that he, by reafon of any thing in that plea above alledged (precludi non); because he fays, that the faid Jofeph did not give any fuch leave or licence to the faid George, as the faid George hath in that plea above alledged; and this he the faid Jofeph prays To third plea. may be enquired of by the country, &c.: And as to the faid plea of the faid George by him laftly above pleaded in bar, as to the breaking and entering the faid clofe in which, &c. in the faid declaration mentioned, and with his feet in walking, treading down, trampling upon, fpoiling, and confuming the grafs there then growing and being, and tearing off, breaking off, breaking to pieces, damaging, and fpoiling the faid locks, chains, bolts, hinges, hafps, and ftaples of and belonging to the faid Jofeph, wherewith the faid gates in the faid declaration mentioned were locked, chained, bolted, and faftened by the faid George above acknowledged to be done, he the faid Jofeph fays, that he by reafon of any thing in Precludi non, that that plea above alledged (precludi non); because he fays, that true true it is thatthe it is that the faid Jofeph did bargain and fell to the faid George, plaintiff bar- and the faid George then and there bargained and bought of the gained and fold faid Jofeph the grafs and pafturage of the faid clofe of the faid Jofeph in which, &c. in manner and form as the faid George hath in his faid laft-mentioned plea above alledged; but the faid Jofeph De injuria fua, fays, that the faid George of his own wrong, and without the refidue of the caufe by him in that plea above alledged, broke and entered the faid clofe in which, &c. in the faid declaration mentioned, and with his feet in walking trod down, trampled upon, fpoiled, and confumed the grafs there growing, and tore off, broke off, broke to pieces, damaged, and fpoiled the faid locks, chains, bolts, and faftenings of and belonging to the faid Jofeph, wherewith the faid gates in the faid declaration mentioned were locked, chained, bolted, and faftened, in manner and form as the faid Jofeph hath above thereof complained against the faid George; and this the faid Jofeph prays may be enquired of by the country, &c. Drawn by MR. CROMPTON.

the pafturage.

Declaration for entering dwelling-house and clofes, and tak

GLYDE AND OTHERS.

of Willisit

SOMERSETSHIRE, to wit. John Parfons complains of William Glyde, Hugh Bellet, and Charles Lo

ing away goods, ney, being, &c.; for that the faid defendants, on the twenty-fixth expelling plain. of November 1785, with force and arms broke and entered the tiff put inglocks dwelling-houfe, two water mills, two orchards, two gardens, two on the gates, ftables, two outhoufes, and divers, to wit, ten clofes of land of digging up foil,

depafturing cat

tle.

3

the

the faid John Tory, fituate and being at Stamford Arundel, in the
County of Somerset aforesaid, and there made a great noise, riot,
and disturbance in the faid dwelling-houfe, and then and there
toffed, threw out, and removed the goods and chattels, to wit,
twenty chairs, ten tables, fix bureaus, fix bedsteads, ten looking-
glaffes, twenty chefts, twenty boxes, forty plates, forty dishes,
ten fpades, twenty fhovels, ten fieves, ten hooks, and ten knives.
of the faid John Tory of the value of one hundred pounds there
then being in his faid house from and out of the fame; by means
whereof the faid goods and chattels were broken to pieces and
wholly fpoiled, and then and there expelled, put out, and amoved
the faid John Tory and his family from and out of the poffeffion,
ufe, occupation, and enjoyment of his faid dwelling-houfe, mills,
orchards, gardens, ftables, outhouses, and closes of land, and kept
and continued him and them fo expelled, put out, and amoved
from the poffeffion thereof for a long time, to wit, for the space
of three months then next following, and during all that time had,
received, and took the iffues and profits thereof to their own use,
and then and there fixed and put divers locks and fastenings, to
wit,twenty locks and twenty faftenings in and upon divers, to wit,
twenty gates of and belonging to the aforefaid ten clofes of land.
of the faid J. T. and with ploughs, fpades, fhovels, and other iron
inftruments, dug up and fubverted the earth and foil of the faid
plaintiff in his aforefaid ten clofes of land, and with their cattle,
to wit, horfes, mares, geldings, cows, oxen, and fheep, eat up,
trod down, trampled upon, confumed, and fpoiled the grafs of the
faid plaintiff being in his faid ten clofes of land, and then and there
seized and took the goods and chattels, to wit, ten cart loads of
wood, ten cart loads of ftraw, and ten care loads of turf of the said
plaintiff there then found and being, and burnt and confumed the
fame, and converted and difpofed thereof to his own use: And al-
fo for that the faid defendants afterwards, to wit, on the fame day
and year aforesaid, at, &c. with force and arms feized and took
other goods and chattels, to wit, ten cart loads of other wood, ten
cart loads of other straw, ten cart loads of other turf, and fix hun-
dred pounds weight of iron of the faid plaintiff of the value of fif-
ty pounds, there then alfo found and being, and carried away the
fame, and converted and disposed thereof to their own ufe, and
other wrongs, &c. against the peace, &c. to the damage of the
faid plaintiff of one hundred pounds; and therefore, &c. Pledges,
&c.
W. WALTON.

And the faid William, Hugh, and Charles, general iffue: And Plea, liberum te for further plea in this behalf as to the breaking and entering the xementum. faid dwelling-house, water mills, orchards, gardens, ftables, outhoules, and clofes of land in the firft Count of the faid declaration mentioned, and there making a noife and difturbance in the faid dwelling-house, and there toffing, throwing out, and removing the faid goods and chattels in the faid firft Count of the fard declaration mentioned, being in the faid dwelling-house, from and out