ing away trees, plaintiff of five hundred pounds; and therefore he brings his fuit, &c. V.LAWES. Declaration in DORSETSHIRE, to wit. Arthur Cozens, of, &c. Robert C. B. for cutting White, of, &c. and John Wiltshire, of, &c. were attached to down and carry- anfwer Erafmus Cox in a plea; wherefore with force and arms thereby deftroy- they broke and entered the clofes of the faid Erafmus, fituate, lying, ing the hedges, and being in the parish of Hillfield, in the faid county of Dorfet, &c. fo that the and with their feet in walking trod down, trampled upon, conland of the fumed, damaged, fpoiled, and deftroyed the grafs and corn of the plaintiff was faid Erafmus there alfo growing and being of the value of five damaged by cattle which efcap- pounds, and with the wheels of carts, waggons, and other cared out of a clofe riages tore up, turned up, cut up, fubverted, and fpoiled the foil adjoining. of the faid clofe of the faid Erafinus, and with hatchets, axes, mattocks, and other iron inftruments cut down, felled down, grubbed up, ftubbed up, proftrated, and deftroyed the timber trees and other trees of the faid Erafmus growing and being in the faid clofe, and in the hedges and fences of the faid clofes, and there put, laid, and placed the faid timber trees and other trees fo felled, grubbed, and ftubbed as aforefaid in and upon the faid ciofes, and the hedges and fences of the fame clofes, and thereby very much incumbered the faid closes, hedges, and fences, and damaged, fqueezed, crufhed, fpoiled, and deftroyed the hedges, fences, and other the grafs and corn growing in and upon the faid closes, and molefted, disturbed, and hindered the faid Erafmus in the enjoyment of his faid clofes, and the faid timber trees and other trees, with the materials thereof coming and being of the value of five hundred pounds of lawful money of Great Britain, there feized, took, dragged, hauled, carted, and carried in, across, and over the faid clofes, and thereby very much damaged, injured, and spoiled other the grafs and corn of the faid Erafmus then growing in his faid clofes, and the fame timber trees and other trees, and materials thereof coming as aforefaid, carried away, and converted, and difpofed thereof to their own ufe; and by reason of the premises, and of the faid timber trees and other trees having been fo felled, grubbed, ftubbed, and carried off and from the faid hedges and fences as aforefaid, and of the faid hedges and fences being fo damaged, injured, and spoiled thereby as aforesaid, divers cattle of divers perfons efcaped from and out of the clofes, fields, and commons adjoining the faid closes of the faid Erasmus into the faid clofes of the faid Erafmus, and there trod down, depastured, cat up, spoiled, and destroyed other the grafs and corn of the faid Erafmus of the value of five pounds, to wit, at the parish of Hillfield aforefaid, in the faid county: And also wherefore the faid Arthur, Robert, and John with force and arms, at the parish of Hillfield aforefaid, in the county of Dorfet aforesaid, feized and took other the goods and chattels of the faid Erafmus of the value of other five hundred pounds of like lawful money there there alfo found and being, and carried away the fame, and converted and difpofed thereof to their own ufe, and other wrongs and injuries to the faid Erafmus there did to the great damage of the faid Erafmus, and against the peace of our lord the now king; and whereupon the faid Erafmus, by P. W. his attorney, complains, for that the faid Arthur, Robert, and John, on the first of March 1785, and on divers other days and times between that day and the day of fuing forth the original writ of the faid Erafmus, with force and arms broke and entered the clofes of the faid Erafmus, to wit, ten closes, fituate, lying, and being in the parifh of Hillfield, in the faid county of Dorfet, and with their feet in walking trod down, trampled upon, confumed, damaged, fpoiled, and deftroyed the grafs and corn, to wit, wheat, rye, oats, peafe, and beans of the faid Erafmus of another great value, to wit, of the value of other five pounds of like lawful money there then alfo growing and being, and with the wheels of carts, waggons, and other carriages tore up, turned up, cut up, fubverted, and fpoiled the foil, to wit, one hundred perches of the foil of the faid clofes of the faid Erafmus, and then and there with hatchets, axes, mattoks, and other iron inftruments cut down, felled down, grubbed up, ftubbed up, proftrated, and destroyed the timber trees and other trees, to wit, one hundred oak trees, one hundred afh trees, one hundred elm trees, one hundred oak pollard trees, one hundred afh pollard trees, one hundred elm pollard trees, and one hundred other trees of the faid Erafmus then growing and being in the faid clofes, and in the hedges and fences of the fame clofes of the faid Erafmus, and then and there put and placed the faid timber trees and other trees fo felled, grubbed, and ftubbed as aforefaid in and upon the faid closes, and the hedges and fences of the fame clofes, and thereby very much incumbered the faid clofes, hedges, and fences, and then and there greatly damaged, crufhed, fqueezed, and fpoiled the grafs and corn growing in and upon the faid clofes, and deftroyed the faid hedges and fences, and the grafs and corn growing in and upon the faid clofes, and molefted, difturbed, and hindered the faid Erafmus in the enjoyment of his faid closes, the faid timber trees and other trees, with the materials thereof coming and being, to wit, fifty cart loads of timber trees, fifty cart loads of other trees, fifty cart loads of branches, fifty cart loads of boughs, and fifty cart loads of chips of the value of five hundred pounds of like lawful money, then and there feized, took, dragged, hauled, carted, and carried in, across, and over the faid closes, and thereby very much damaged, injured, and fpoiled other the grafs and corn of the faid Erafmus there and then growing in the faid closes, and the fame timber trees, other trees, and materials thereof coming as aforefaid, carried away, and converted, and disposed It would have been proper to have ftated the names of the closes, though it is not necessary to do it. If the defend ant plead liberum tenementum, plaintiff must make a new affignment. L3 thereof Plea, ift, gene. ral iffue. thereof to their own ufe; and by reafon of the premises, and of the faid timber trees and other trees being fo felled, grubbed, and stubbed of and upon the faid hedges and fences as aforesaid, and of the faid hedges and fences being fo damaged, injured, and fpoiled thereby as aforefaid, divers cattle of divers perfons escaped from and out of the clofes, fields, and commons adjoining the faid clofes of the faid Erafmus, unto and into the said clofes of the faid Erafmus, and then and there trod down, depaftured, eat up, fpoiled, and destroyed other the grafs and corn of the faid Erafmus of the value of other five pounds, to wit, at the parish of Hillfield aforefaid, in the faid county: And alfo for that the faid Arthur, Robert, and John afterwards, to wit, on, &c. with force and arms, at the parish of Hillfield aforefaid, in the faid county of Dorfet, feized and took other the goods and chattels, that is to fay, one hundred other oak trees, one hundred other afh trees, one hundred other elm trees, one hundred other cak pollard trees, one hundred other afh pollard trees, one hundred other elm pollard trees, one hundred other trees, fifty cart loads of other timber trees, fifty cart loads of other trees, fifty cart loads of other branches, and fifty cart loads of other boughs of the faid Erafmus of another great value, to wit, of the value of other five hundred pounds of like lawful money there then alfo found and being, and carried away the fame, and converted and difpofed thereof to their own ufe, and other wrongs to the faid Erafmus then and there did to the great damage of the faid Erafmus, and against the peace of our faid lord the now king; wherefore the said Erafmus fays that he is injured, and hath fuftained damage to the value of five hundred pounds; and therefore he brings fuit, &c. The plaintiff is tenant at will to the tenant for life, and the reverfioner having entered cut down pollards and flicks. This action was brought for the Drawn by MR. CROMPTON. trefpafs against the reverfioner, the carpenter who bought the trees, and his fervants. And the faid Arthur, Robert, and John, by W. B. their attorney, come and defend the wrong and injury, when, &c. and say, that they are not guilty of the premifes above laid to their charge in manner and form as the faid Erafmus hath above complained against them; and of this they put thernfelves upon the country, zd, That de. &c.: And for further plea in this behalf, by leave of the court, fendants as fer- &c. as to the breaking and entering the faid clofes of the faid vants, and by Erafmus in the faid declaration mentioned, and with their feet in command of the perfons entitled walking treading down, trampling upon, damaging, fpoiling, and to reverfion of deftroying the grafs and corn there growing, and with horfes, mares, Locus in quo, who and geldings in the faid declaration mentioned eating up, depafturhad a power ing, treading down, trampling upon, confuming, fpoiling, and decut down ftroying other the grafs and corn there then alfo growing and being, timber, entered and with the wheels of waggons, carts, and other carriages tearing horfes and carts, up, cutting up, fubverting, and fpoiling the foil of the faid clofes, for the purpose of cutting down timber and carrying fame away, and in fo doing, &c. to Locus in quo with and and putting, laying, and placing the trees in the faid declaration mentioned in and upon the faid clofes and the hedges and fences thereof, and thereby incumbering the fame, and damaging, crushing, fqueezing, and fpoiling the grafs and corn in the faid closes, and deftroying the faid hedges and fences, and other the grafs and corn there then growing in and upon the faid clofes, and molefting, disturbing, and hindering the faid Erafmus in the enjoyment of the faid clofes, and the faid trees, and the materials thereof coming, taking, dragging, hauling, carting, and carrying in, across, and over the faid clofes, and thereby damaging, injuring, and fpoiling other the grafs and corn of the faid Erafmus in the faid clofes in the firft Count of the faid declaration mentioned, the faid defendants fay (actio non); because they fay, that long before the said several time when, &c. to wit, on the twelfth of Novem- G. T. feifed in ber 1744, one George Trenchard, efquire, was feifed in his de- fee of locus in que. mefne as of fee of and in the faid clofes in which, &c. and being fo feifed he the faid George afterwards, that is to fay, on the fame day and year laft aforefaid, at the parish aforefaid, in the faid County, by a certain indenture then made between the faid George of the one part, and one Samuel Watts of Clitnole, in the G. T. demised to S. W. leffor faid county, of the other part, one part of which faid indenture, fealed with the feal of the faid Samuel, the faid defendants bring for 99 years. of the plaintiff, here into court, the date whereof is the day and year aforesaid, did demife, grant, and to farm let the faid clofes in which, &c. except and always referving out of that demife unto the faid George G. T. referves Trenchard, his heirs and affigns, all timber trees, and trees likely to himself, his to prove timber, then ftanding, growing, or being, or which or heirs and affigns, might at any time thereafter ftand, grow, or be in and upon the all timber trees, faid demifed premifes, or any part thereof, with free liberty of ingrefs, egrefs, and regrefs to and for the faid George, his heirs and affigns, and his and their horfes, workmen, fervants, carts, and carriages at all feasonable times in the year, for cutting, digging, and carrying away the fame at his and their free will and pleasure, to have and to hold the faid clofes, except as in and by the faid leafe is excepted, unto the faid Samuel, his executors, adminiftrators, and affigns, from the day next before the day of the date of the faid demife for and during, and unto the full end and term of ninety-nine years thence next enfuing, if Grace the wife of the faid Samuel, and Samuel Watts and Michael Watts their fons fhould fo long live, as by the faid indenture, relation being thereunto had, will more fully appear: And the faid defendants further fay, that the faid Samuel, by virtue of the faid indenture, afterwards, to wit, on the day and year laft aforefaid, entered into and became poffeffed of the faid closes, except as above excepted, for and during the term therein specified, and that the faid demife is ftill in force and undetermined, to wit, at the parifh aforefaid, in the county aforefaid, the faid George being feifed of the reverfion of and in the faid demifed premiles, amongst other things, in his demefne as of fee: And G.T. being feifed of the reverfion dependent on the term, conveys, by indenture of leafe and release, the fame to W. T. in truft for A. C. father of one of the defendants. &c. babendum. in Truft. the faid defendants further fay, that the faid George being fo |