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of the same, and there expelling, putting out, and amoving the said John Tory and his family from and out of the possession, use, occupation, and enjoyment of the said dwelling-house, mills, orchards, gardens, ftables, outhouses, and closes of land, and keeping and continuing them so expelled, put out, and amoved from the poffeffion thereof for the said space of time in the said declaration mentioned, and during all that time having received and taken the issues and profits thereof to their own use, and there fixing and putting the said locks and fastenings in the said first Count of the faid declaration mentioned, in and upon the faid gates of and belonging to the said clofes of land in the said declaration mentioned, and with ploughs, spades, shovels, and other iron instruments, digging up and subverting the said earth and soil in the said clores of land in the said first Count of the said declaration mentioned, and with the said cattle in the said first Count of the said declaration mentioned, eating up, treading down, trampling upon, consuming, and spoiling the grass in the said closes in the said first Count of the said declaration mentioned above supe

posed to have been done by the said defendants, they the faid deLiberum tenemen- fendants, by leave, &c. factio non); because they say, that the said sum of one of the dwelling-house, water-mills, orchards, gardens, ftables, outdefendants.

houses, and closes of land in which, &c. in the said first Count of the faid declaration mentioned, at the said time when, &c. in the said first Count mentioned and before, were and still are the dwelling-house, mills, orchards, ftables, outhouses, closes, foil, and freehold of the said William ; wherefore the said William in his own right, and the said Hugh and Charles, as the servants of the said William, and by his command at the said time when, &c. in the faid first Count of the said declaration mentioned, entered the faid dwelling-house, water mills, orchards, gardens, ftables, outhouses, and closes of land in which, &c, in the said firft Count of the faid declaration mentioned, as being the soil and freehold of the said William, and in so doing niade as little noise and disturbance as it was Jawful for them to do for the caule aforesaid; and because the said first-mentioned goods and chattels in the said first Count of the said declaration mentioned, before and at the said time when, &c. in the faid first Count mentioned, were placed and were within the said dwelling-house, and were incumbering the same, and annoying the said William in the enjoyment and peaceable feisin and posleflion thereof; wherefore the laid William in his own right, and the laid Hugh and Charles as his servants, and by his command gently and peaceably removed the said first-mentioned goods and chattels from and out of the said dwelling-house, and then and there placed and laid them at a little distance therefrom, and in so doing neceflarily and unavoidably a little tofled, threw, and removed the said first-mentioned goods and chattels as it was law. ful for the cause atoresaid, doing as little damage to the same as they possibly could, and then and there expelled, put out, and amoved the said plaintiff and his family from and out of the posleftion, ute, occupation, and enjoyment of the said dwelling-house,

mills, orchards, gardens, stables, outhouses, and closes, and kept
and continued him and them so expelled, put out, and amoved froin
the pofleflion thereof during the said time in the said declaration as
from and out of the dwelling-house, mills, orchards, gardens,
ftables, outhouses, and closes, Toil, and freehold of the said Wil.
liam, and during all the time last aforesaid had received and took
the issues and profits thereof to and for the use of the said Wil-
liam, as being the illues and profits of the faid William coming
and removing from and out of the said foil and freehold of the faid
William, and then and there fixed and put the said locks and
fattenings in the said firft Count of the faid declaration mentioned
in and upon the said gates of and belonging to the said clores of
land in the said declaration mentioned, as being the gates of the
said William in and upon the said closes, foil, and frechold, and
then and there dug up and subverted the said soil in the said decla-
ration mentioned, as being the soil of the faid William in his faid
clofes, soil, and freehold, and with the faid cattle then and there
eat up, trod down, trampled upon, consumed, and spoiled the faid

grass in the faid declaration mentioned, as being the grass of the
said William, then growing in the said closes, foil, and freehold
of the said William, as it was lawful for them to do for the cause
aforefaid, wbich are the same trepafies in the introduction to this
plea mentioned, whereof the said plaintiff hath above complained
against the said defendants; and this, &c. ; wherefore, &c. : And 31 Plca.
for further plea in this behalf as to the breaking and entering, &c.
(as before) above supposed to have been done by the said defend-
ants, by like leave, &c. (aftio non); because they say, chat they
the raid defendants, at the said time when, &c. in the said first Leave and liv
Count of she said declaration mentioned, by the leave and licence cence,
of the said plaintiff by him for that purpose to the faid defendants
first given and granted, to wit, at Stamford Arundel, in the said
county of Somerset, broke and entered the faid dwelling-house,
mills, orchards, gardens, ftables, outhouses, and clores of land
in the said first Count of the said declaration mentioned, and then
and there a licile toled about, threw out, and removed the said first
mentioned goods and chattels in the faid fuit Count of the laid de-
claration mentioned, being in his faid dwelling-house írom and out
of the same, and then and there expelled, put out, and amoved
the said plaintiff and his family from and out of the possession, use,
occupation, and enjoyment of the said dwelling-house and mills,
orchards, gardens, ftablos, outhouses, and closes of land in the
Said firit Count of the faid declaration mentioned, and kept and
continued him and them so amoved and put out for the said space
of time in that cehalf in the said first Count of the said declaration
mentioned, and during the time last aforesaid had received and took
the issues and profits thereof to their own use, and then and there
fixed and put the said locks and fastenings in and upon the said
gates in the said first Count of the said declaration mentioned of
and belonging to the said closes of land, and then and there dug up
and subverted the laid earth and soil in the said first Count of the
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said declaration, and with his faid cattle in the said declaration mentioned eat up, trod down, tranpled upon, confumed, and fpoiled the said grass of the faid plaintiff in the said clofes of land in the said first

Count of the faid declaration mentioned, which are the fame, &c. 4th Plea, as to whereof, &c. ; and this, &c. wherefore, &c : And for further house, and take plea in this behalf as to the breaking and entering the said dweling socds, &c. ling-house, water-mills, orchards, gardens, stables, outhouses, and

cloles of land of the laid plaintiff in the said first Count of the said declaration mentioned in which, &c. and there making a noise and disturbance in the said dwelling-house, and there seizing and taking the faid goods and chatteis in the said first Count of the said declaration mentioned, and converting and dispofing of the same to their own use, and also as to the seizing and taking of the said goods and chattels in the said Jast Count of the laid declaration mentioned, and converting and disposing thereof to their own use, and above supposed to have been done by them the faid delendants,they the said defendants, by like leave, &c. (actio non); because they say,

that belore the said tiine when, &c. in the said firit Count of the said In Trinity term, declaration mentioned, to wit, in the term of the Holy Trinity, in the

twenty-fifth year, &c. in the court of our faid lord ihe king, before vered judgment the king himself (the faid court then still being at Westminster, against plaintiff in the county of Midulelex) the faid William, by the considerain B. R. tion and judgment of the same coust, did recover against the said

plaintiff as well a certain debt of nine hundred pounds as alla eighty-three inillings for his damages which te had fuftained as well by reason of the detention of the debt as for his costs and

charges by hin about his fuit in that behalf expended, whereof the Prout patil, & c.

faid plaintiff is convicted, as by the record and proceedings there, of now remaining in the said court of our faid lord the king, before

the king himself at Weftininíter aforesaid, more fully appears. Defendare fued And the said defendants further say, that afterwards, to wit, on put a fieri facias the fifteenth day of June, in the twenty-fifth year, &c, the said thereon directed judgment then being in full force and effect, not in any wife reto the heriff of verled, vacated, discharged, paid off, or satisfied, for obtaining

execution of the same judgment the laid William lued out of the said court of our said lord the king before the king himself at Westminster aforesaid, a certain writ of our lord the king called a fieri facias, directed to the iheriff of the county of S. by which said writ our faid lord the king commanded the said therit' that he should cause to be levied of the goods of the said John Tory in his bailiwick the faid nine hundred pounds, which the said Wila liam lately in the said court of our laid lord the king himse!f at Westminiter aforesaid, recovered against him the said plaintiff

' for his debt aforesaid, and also eighty-three shillings for his damages, costs, and charges aforesaid, and that the said iheriffs should have those monies before our faid lord the king at Westminster on Monday next after the morrow of All Souls, to be paid to the faid William for his debt, Gamages, costs, and charges aforesaid, and that the theriff ihould have there then that writ; which taid writ after wards, and before the return thereof, and also be

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fore the said times when, &c. in the faid declaration mentioned, to wit, on the thirtieth day of October 1785, at Stamford Arundel

facias de aforesaid, in the faid county, was delivered to Richard Crosse, livered to the esquire, then and continualiy from thenceforth, until, and at, and Meriff. after the return of the faid writ, being Merists of the said county of Somerset as aforesaid, to be by him executed in due form of law; by virtue of which said writ the said Richard Croffe, csquire, then being iheriff of the county of Somerset, afterwards, and before the return thereof, and also before the said time when, &c. in the said first Count of the said declaration mentioned, to wit, on the thirtieth day of November 1785, at Stamford Arundel aforesaid, in the county of Somerset, made his warrant in writing under the Sheriff fcal of his taid office of theriff of the county of Sonerset, directed his warrant to one Lewis Cogan the younger, and to the fuid Charles his Lewis Cogan, bailift jor that occasion, whereby the said sheriff commanded them and every of them, jointly and severally, that they should cause to be made of the goods and chattels in his che said theriff's bail:wick of the said J. T. as well the laid debt of nine hundred pounds which the said William lateiy recovered in the said court of our Said lord the king, before the king himself at Westminster, as also the fand eighty-three shillings for his damages, costs, and charges aloresaid, lo that the said fieriff might have the said lum of money before our faid lord the king at Westmintter on Monday next after the morrow of All Souls, to be paid to the said Williamı for his debt, damages, coits, and charges aforefaid, which said Warrant warrant afterwards, and betore the return of the said writ, and livered to one of before the said time whe:), &c. in the said first Count of the said the defendants. declaration nientioned, at Sianford Arundel aforesaid, in the faid county, he the said Richard Crosse, eíquire, fo being theriff as aforelaid, delivered to the said Charles to be by him executed according to the exigency thereof; by virtue of which laid warrant, the laid Charles to being bailit as aforesaid, afterWards, and before the return of the said writ, to wit, at the said time when, &c. in the said declaration mentioned, in obedience to and for thic due execution of the laid warrant at the laid time when, &c. and the laid Hugh as his servant in his aid and zif

Defendant tance, and by his command did enter into the said cuelling-house,

bailiff and the water-mills, crccards, gardens, tables, outhouíts, and closes ut other as his kers land of the said John Tory, in which, &c. in the laid tiist Count vant took the of the said declaration mentioned, the doors of the said dwelling- goods, &c. house and initis being open, in order to levy the debt, damages, cuits, and charges aforesaid of the goods and chattels of the faid plaintiff, then being therein according to the exigency and command of the said warrant, and then and there leized and took the luid gocds and chattels in the laid first and iecond Counts of the said declaration mentioned, and in the introduction of this plea mentioned, then being in and upon the said dwelling-houle, watermills, orchards, gardens, ftables, outhouses, and clofes of land of the faid plaintiff in which, &c. and carried away the fame, in order by fale thereof to levy thçreout the debt, damages, coits, and

charges

charges aforesaid, in form aforesaid recovered, and did then and there by fale thereof levy the sum of twenty-nine pounds nineteen shillings and fixpence, part and parcel of the debt and damages aforesaid, and in so doing then and there neceffarily and unavoidably made a little noise and dillurbance in the said first Count of the said declaration mentioned, as it was lawful for them to do for the cause aforesaid, doing as little damage on that occasion as they possibly could, which are the fame, &c.; whereof, &c.; and this, &c.; wherefore, &c.

VICARY GIBBs.

Replication, And the said J. T, as to the said plea of the said defendants by jiffue on the libe- them fecondly above pleaded in bar as to the breaking, &c. (as in rum tenementum.

plea} by the laid defendants above done, says, that by realon, &c. (precludi non); because he fays, that the said dwelling-house, watermills, orchards, gardens, ftables, outhouses, and closes of land in which, &c, in the said first Count of the said declaration mentioned, at the said times when, &c. in the said first Count mentioned, and before, were not, nor ftill are the dwelling-house, water-mills, orchards, ftables, outhouses, clofes, foil, and freehold of the faid William in manner and form as the said defendants have in their aforesaid pica in that behalf above alledged; and this he prays may

be enquired of by the country, and the faid defendants do so likeTO 3d Plea, wise: And the said J. T. as to the said plea of the said defendants iffue thereon.

as to the breaking, &r. [as in the plea) by the said defendants above done, says, that he by realon, &c. (precludi non); because he fays, that the said defendants at the said time when, &c. in the said firit Count mentioned of their own wrong, and without any such cause as by the said defendants is in that plea above alledged, committed the aforesaid several trespafles in that third plea mentioned, in manner and form as the said J. T. hath above thereof complained against them; and this he prays may be enquired of by the

courtry; and the said defendants do che like: And the said J. T. TO.4th Plea, as to the said piea of the said defendants by them lastly above pleadadmits

judg.ed in bar as io the breaking (as in pleaj says, that he by reason, fiere jacias, de &c. (precludi non); becaule he says that true it is that the said livery to the William did recover such judgment against him the faid plaintiff, Mheriff, making and that such writ of fieri facias directed to the sheriff of the county or the warrant, of Somerlet was sucd oui by the said William and delivered to the and delivery to defendant.

said sheriff, and that the said theriff' did make such warrant thereon directed to the said Lewis Cogan the younger, and the faid Charles, and that such warrant was by the faid theriff directed to the faid Charles to be executed according to the exigency thereof, but the

faid J. T. says, that the several trelpalles in the said laft plea of the said New alignment defendants mentioned, and thereby attempted to be justified, and for bat trespasses were committed

further committing whereof he the faid plaintiff hath above comat other times, plained against them, were committed by them the defendants at

another and different time, and on another and different occafion then and there in the said last-mentioned plea mentioned, and also after the return of the aforesaid writ of fieri facias in that pleainentioned, and the faid plea of the faid defendants mentioned; and

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