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this, &c.; wherefore fince the faid defendants have not answered the faid trespasses new assigned, he the faid plaintiff prays judgment and his damages, by reason of the committing thereof, to be adjudged to him, &c,

S. LAWRENCE.

Not guilty to new allignment,

V. GIBBS,

This cauk was called on at Lent Affizes 1788, but was referred.

Eafter Term, 1, Geo. III.
LEIGH WESTMORELAND, to wit. Robert Declaration for

against Leigh complains of Thomas Williamson, being, entering WILLIAMSON. -&c.; for that the said Thomas on the first day and depasuring of December 1779, and on divers other days and times between cattle, subvertthat day and the day of exhibiting the bill of the said Robert with riages, mowing force and arms broke and entered the close of the said Robert called grass and carryBroad Flatt, in Rutland, in the parish of Kirby Kendal, in the ing it away, county of Westmoreland, and with his feet in walking trod down, felling timber, spoiled, and consumed the grass and corn, to wit, wheat, rye, dowa hedges, barley, oats, pease, and beans of the said Robert there then grow- &c. ing of the value of forty shillings, and with divers cattle, to wit, horses, mares, geldings, bulls, cows, oxen, heifers, sheep, and swine, eat up, depastured, trod down, consumed, and spoiled other the grass and corn, to wit, other wheat, &c. there also then growing, to the value of five pounds, and wheels of carts, waggons, and other carriages turned up and subverted the soil, to wit, forty perches of the soil of the fame Robert there, and mowed and cut down other grass of the said Robert of the value of five pounds there then growing, and took and carried away the same, and converted and disposed thereof to his own use, and felled and cut down the trees and underwood, to wit, twenty oak trees, twenty elm trees, twenty ash trees, twenty thorn trees, and ten cart loads of thicken wood of the said Robert there then also growing of the value of ten pounds, and took and carried away the same, and converted and disposed thereof to his own use, and broke open, broke down, spoiled, and destroyed the gates, hedges, and fences, to wit, two gates, twenty perches of the hedges, and twenty perches of the fences of the said Robert there then erected, standing, and being, and broke, spoiled, and destroyed the locks, to wit, two locks of the said Robert of the value of twenty shillings, then fixed to the said gates, and with which the said gates were then and there locked, and also drew out, broke, and destroyed the staples, to wit, two staples of the said Robert of the value of five shillings, then affixed to a certain gate-post of the said Robert there then erected, standing, and being, and other wrongs, &c. against the peace, &c. Damage, &c. Pledges, &c.

JAMES WALLACE:

And

within the manor called te

Wil.

tenant.

Plea, locus in quo

And the said Thomas, &c. general issue: And the said Thomas parcel of the for further plea, by leave, &c. as to all the trespasses whereof the land.

the said Robert above complains, except the coming with force and arms, and all that is against the peace of our faid late king George the Second, and of our lord the present king, faith, that the said Robert (actio non); because he faith that the said close called Broad Flatt, in which, &c. with the appurtenances, now is, and at the said several times when, &c. was, and from time whereof the memory of man is not to the contrary, hath been lying in and parcel of the manor of Natland, in the said county of W.'within which said manor there now is, and at the said tiines when, &c. and froin time

whereof the memory of man is not to the contrary, have been Divers cufto divers customary tenants descendible, and which have descended mary tenements

from ancestors to heir as of the hereditary right of the tenants called

tenant right, respectively held of the lord of the said manor for the nant right. time being, as of that his manor aforesaid, by divers rents and cer.

tain fervices, according to the cuítom of the said manor; and

that one Stephen Williamson, long before any of the said times Stephen diam fon feised of

when, &c. to wit, on the firft of May 1750, was seised of the said dicus in quo, being close called Broad Flatt, in which, &c. with the appurtenances, being fuch customary such customary tenant, as of his customary hereditary efi ate in form

aforesaid descendible and descending according to the custom of the said manor held of the lord of the faid manor as of that this manor aforesaid and parcel of the said manor, by a certain rent

and certain services; and that within the faid inanor there now is, Custom within

and at the said several times when, &c. was, and froin time wherethe manor, that of, &c. there hath been a certain ancient and laudable custom the widows of there used and approved, that is to say, that the widows of every customary te; customary tenant, feited of any customary tenement lying hold the land

within and parcel of the manor aforefaid, as of his customary during

their hereditary eitate in form aforesaid defcendible and descending chane widow. according to the custom of the said manor, hach had and held, and hood. hath been used and accustomed, and ought to have and hold fuch

customary tenement, with the appurtenances, whereof her huf

band so died feised, during her chalte widowhood, according to Stephen

Wil.

the custom of the said manor: And the said Thomas further faith, lamfondied seif- that the said Stephen Williamson being so feiled cf the faid close in ed, &c: leaving which, &c. being such customary tenant as aforeiaid, as of his Dorothy his wir customary hereditary estate in form aforesaid descendible and dehis ecielt fon, scending according to the cultom of the said manor, he the faid and Stephen his Stephen Williamson before any of the times when, &c. to wit, on fecond son, and the same day and year aforesaid, at Natland aforesaid, in the said other children. county, died so feired thereof, leaving Dorothy his widow, and

Jonathan W. his eldest son, and Stephen W. his second son, and The widow en divers other children lawfully begotien, after whofe decease, and tered, and be- before any of the times when, &c. the said Dorothy Williamson, came seised dur- by virtue of the custom above mentioned, entered into the said ing chaste wi. close in which, &c. parcel, &c. and was feised thereof during her dowhood,

chafte widowhood, according to the custom of the said manor,

nants

should

fon the son ;

and the reverfion of the said close in which, &c. with the appurtenances, descended and came to the said Jonathan Williamson as Reversion de. eideft son aid heir of the said Stephen Williamson the father, accord - seended to Jona

than as eldest ing to the custom of the said manor, and the faid Jonathan was feised

fiin.

Jonathan of the reversion of the faid close in which, &c. as of his customary Williamson reif. bereditary eftate in form aforesaid descendible and descending ed of the reveraccording to the custom of the said manor; and the said Dorothy fion, being and continuing fo feised of the said close in which, &c. with the appurtenances : And the said Jonathan being so seised of and Jonathan died in the reverfion thereof as aforesaid, he the said Jonathan after- feised without wards, and before any of the said times when, &c. to wit, on the issue. fifth of January 1754, at Nailand aforesaid, died feised of such efate of and in the faid reversion, without leaving any issue of his body lawfully begotten, after whose decease the said reversion of Reversion des the said close in which, &c. with the appustenances, defcended scended to Ste. to the said Stephen Williamson as brother and heir to the said phen WilliamJonathan Williamson, according to the custom of the said manor ; whereapon the said Stephen Williamson the son became and was wilereupon the feiled of and in the said reversion of the said clofe in which, &c. became teised if with the appurtenances, as of bis customary hereditary eftate in the reverfion. form aforesaid descendible and descending according to the cufton of the said manor; and that the faid Dorothy Williamson being D-rothy the wi. and continuing to seised of the said close in which, &c. with the dow dies; appurtenances, as aforesaid, afterwards, and before the faid times when, &c. died, and the said Stephen Williamson tfic fon after and Steplica Wards, and before

any
of the said times when, &c. to wit, on the Williamson Use

caine seiled, fame day and year last above said entered into the faid close in which, &c. with the appartenances, and was feised thereof as aforesaid, of his customary hereditary estate in form aforesaid descendible and descending according to the custom of the faid münor; and the said Stephen Williamson the son being so feised of and in the Colíur gives. faid close in which, &c. with the appurtenances, and being the occupier and poffeffor thereof, the faid Robert claiming the faid close by colour of a certain 'charter of demise made to him for the term of his natural life by the said Stephen Williamson the father, in his lifetime, whereas nothing in the said close in which, &c. pafled into the polleffion of the said Robert, by that charter entered into the said close in which, &c. before any of the said times when, &c.

upon whose pofleffion thereof the said Thomas as servant of s. W. and ths the said Stephen Williamson the son, and by his command, at the other defendant faid firft time when, &c. re-entered into the said close in which,

as his fervant &c. parcel, &c. and also at the said several times when, &c. again

entered, &c. entered into the said close in which, &c. as into the close of the said Stephen Williamson the fon, and at the said leveral times when, &c. with his feet in walking trod down, fpoiled, and consumed the said ta's and corn there then growing, and with the catile in the said declaration mentioned eat us, departured, trod down, ipoilet, and consumed the said other grass and corn there then also growing, as the grass and corn of the said Stephen Williamson the son, growing in the close and customary tenement of the said Stephen Williamson the fon; and with the wheels of the said carts, wag

gons,

gons, and other carriages turned up and fubverted the said foil there, as the soil of the said Stephen Williamson the son, and mowed and cut down the said other grass there then growing, and took and carried away the same as the grass of the said Stephen Williamson the fin growing in his close and customary tenement, and felled, cut down, took, and carried away the said trees and under wood there then growing as the trees and underwood of the faid Stephen Williamson the son grow. ing in his close and customary tenement, and broke open, trod down, spoiled, and deftroyed the said gates, hedges, and fences there then erected, standing, and being, as the gates, hedges, and fences of the said Stephen Williamson the son erected, standing, and being upon his close or customary tenement, and broke, spoiled, and consumed the said locks then affixed to the laid gates, and with which the faid Stephen Williamson the fon affixed, and belonging to his gates erected, standing, and being upon his close and customary tenement, and drew out, broke, and destroyed the said staples affixed to the said gate poft there then erected, standing, and being upon his close and customary tenement, as the staples of the said Stephen Williamson the fon, affixed to the said gate poft, there then erected, standing, and being upon his close and customary tenement, as it was lawful for him to do, and converted and disposed of the grass so muwed and cut down as aforesaid, and also of the said trees and underwood so felled and cut down as aforesaid to his own use by the licence of the said Stephen Williamson, then first granted in that behalf ac Natland aforesaid to the said Thomas, as it was lawful for him to do, which is the same trespass except as aforesaid; whereof, &c.; and this, &c.; wherefore, &c.

JAMES WALLACE.

Replication, And the said Robert, as to the said plea of the said Thomas ftating reversion to be devifcabic lastly above pleaded as to all the trespasses whereof the faid by custom, and Robert hath above complained, except in that plea as above exSetting up hitte. cepted, saith, that he for any thing, &c. (actio non); because he

the said Robert faith, that true it is that the said close called Broad Flatt in which, &c. with the appurtenances, now is, and at the said several times when, &c. was, and from time whereof, &c. hath been lying within and parcel of the manor of Natland, in the said county of W. within which said manor there now are, and at the said time when, &c. were, and from time whereof, &c, have been divers customary tenements descendible and descending froma ne çestor to heir, as of the hereditary right of the tenants, called tenant right, respectively held of the lord of the said manor for the time being, as of that his manor aforesaid, bydivers rents and certain services, according to the custom of the said manor, and that one Stephen Williamlon, before any of the said times when, &c. to wit, on the first of May 1750, was feised of the said clore called Broad Flatt, in which, &c. with the appurtenances, being such customary tenement, as of his customary hereditary estate in form aforesaid descendible and descending according to the custom of the said manor, held of the lord of the said manor as of that his

manor

inänor aforesaid, parcel of the said manor, by a certain rent and tertain services, and that within the said manor there now is, and at the said several times when, &c. was, and from time whereof, &c. there hath been a certain ancient and laudable custom there used and approved of, that is to say, that the widow of every customary tenant who dies feised of any customary tenement lying within and parcel of the manor aforesaid as of his customary hereditary estate in form aforesaid descendible and descending, accoria ing to the custom of the said manor, hach had and held, and hath been used and accustomed, and yet of right ought to have and hold such customary tenement, with the appurtenances, whereof her husband fo died reised during her chalte widowhood, according to the custom of the said manor; and that the said S W. being fo feised of the said close in which, &c. being such customary tenement as aforesaid as of his customary estate in form aforesaid descendible and descending according to the custom of the faid manor, he the said S. W. before any of the said times when, &c. to wit, on, &c. at, &c. died seised thereof, leaving the said Dorothy W. his widow, and Jonathan W. his eldest son, and the faid Stephen W. his second son, and divers other children lawfully begotten, after whose decease, and before any of the said times when, &c. the faid Dorothy W. by virtue of the custom above-mentioned, entered into the said close in which, &c. parcel, &c. was feised thereof during her chaste widowhood, according to the custom of the said manor, and the reversion of the said close in which, &c. with the appurtenances, descended and came to the said Jonathan W. eldest son and heir of the said S. W. the father, according to the custom of the said manor, and the faid J. W. was seised of the reversion of the said close in which, &c. with the appurtenances, as of his customary hereditary estate in form aforesaid descendible and descending, according to the custom of the said manor, in manner and form as the faid Thomas hath in his said plea lastly above pleaded alledged; but the said Robert Leigh further faith, that by the custom of That the lands, the faid manor such customary tenements as aforesaid, with the re. and the reverversion thereof, with the appurtenances, now are, and at the said fion thereof, are

by custom of the times when, &c. were, and from time immemorial have been de

devises vised and deviseable by the last will and testament in writing of able by will. every such customary tenement, with the appurtenances, or of reverfion thereof as aforesaid, lying within and parcel of the manor aforesaid as of his customary hereditary estate in form aforesaid, according to the custom of the same manor; and that the taid Do- That during the rothy being and continuing fo feised of the laid clole in which, &c. widow'r seilin with the appurtenances, and the said Jonathan being so leised of J. W. being so and in the reversion, being such customary tenement, and lying within and parcel of the said maior as aforesaid, he the said Jona- his will;

version, made than Williamson afterwards, and before any of the said times when, &c. that is to say, on the eighteenth of January 1782, at the parish of Kirkby Kendall aforesaid, duly made his last wild and teitamenc in writing, and thereby devised the said reverlion of the said

close

manor

feised of the re.

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