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down trees, &c. and

&c. with the appurtenances (amongst other things) in his demesne as of fee; and being so teiled thereof he the said William Taunton, since deceased, afterwards, and before the committing the trespasses in the said declaration above supposed, to wit, on the first day of January 1760, at the parish aforesaid, in the county aforesaid, died, whereby the said reversion of the said closes in Per quod, there. which, &c. together with all the timber trees, and pollards, and version descend. other trees, belonging and growing upon the said clores in which, ed to one other &c. with the appurtenances (amongst other things) descended William Taun. and came to one other William Taunton, deceased as aforesaid : leir of the faid, And the said defendants further say, that the said defendants as William Taun. servants of the said last-mentioned William Taunton, and by his ton, deceased. command, at the said several times when, &c. the same being And defendants seasonable times of the year for the purpose, with the said horses, said ant mens mares, and geldings, and with the said waggons, carts, and car. tioned William riages in the said declaration mentioned, the same being necessary Taunton, and horses, mares, geldings, waggons, carts, and carriages, for the by his command purpose of cutting, digging, and carrying away the said trees in entered locus in

gto

with fail the said declaration mentioned, as being the trees of the said Wil

horses, &c. for liam, the fame being timber trees, and trees likely to prove tim- the purpose of ber, standing, growing, and being in and upon the said closes, cutting broke and entered the said closes, and with their feet in walking, and with the said cattle necessarily and unavoidably trod down, did neceffarily a

so c trampled upon, and destroyed a little of the grass and cornrhere then little trespals, &.c. growing and being, and the faid cattle did by snatches and bites, against the will and consent of the said defendants, eat and depalture a little of the grass and corn of the said Erasmus in the said closes, and the wheels of the said carts, waggons, and other carriages did necessarily and unavoidably a little tear up, turn up, out up, subvert, and spoil the soil of the said cioses, and the faid defendants did then and there cut down, felt down, grub up, stub up, prostrate, and destroy the trees in the said declaration mentioned growing in and upon the said closes, and in the hedges and fences thereof, the same being timber trees, and trees likely to become timber, as being the trees of the said Willian Taunton the son, and by his command, and the said trees so felled down, cut down, grubbed up, Itubbed up, and prostrated, did neceflarily and unavoidably put, lay, and place in and upon the said closes, and the faid trees did necessarily and unavoidably fall upon the hedges and fences at the time they were cut down as aforesaid, and were thereby necessarily and unavoidably placed and put in and upon the same, and the faid defendants did thereby a little incumber the said cloies, and damage, cruth, squeeze, and spoil the grass and corn in the faid closes, and a little destroy the hedges and fences, and other the grass and corn there, and a little moleit and disturb the laid Erasmus in the enjoyment of the said cloles, and in order to remove and carry the trees, and the materials thereof coming from and out of the said closes, they the laid defendants necellarily and unavoidably hauled, carted, and carried the same in, across, and over the said closes, and thereby a little

damaged,

damaged, injured, and spoiled other the grass and corn of the said Eralinus, in the first Count of the faid declaration mentioned, doing as little damage on that occasion as they possibly could, and as it was lawful for them to do for the cause aforesaid, and which are the several trespalles in the introduction to the said plea mentioned, and this, &c,; wherefore, &c.

S. LAWRENCE.

Declaration for
BRENT, ESQUIRE,

SOMERSETSHIRE, to wit, d!pzing mines,

against

William Beard, late of Barnwell, rafing up cre

BEARD AND OTHERS. in the close of

&c. John Battle, late of, &c. and plaintiff,

and John Wookey, late of, &c. were attached to answer Charles converting fame Copy Brent, esquire, in a plea; wherefore with force and arms to the defend- they broke and entered the close of the said C. C. situate and ant's own víc. being in the manor and parish of Hutton, in the said county,

and with their feet in walking trod down, trampled upon, conTumed, and spoiled the grass and corn of the faid c. c. there growing and being, and with spades, shovels, and pickaxes, and other iron instruments, dug up, turned up, and subverted the earth and soil of the said C. C. and dug, made, and sunk divers mines, pits, shafts, and holes in the raid close of the said C. C. there and from and out of the said mines, pits, shafts, and holes fo dug, made, and sunk, raised, dug, and got divers large quantities of earth, soil, stones, lead ore, copper ore, lapis calaminaris, brass ore, and other ore of the said C. C. of great value,

, and the same so raised, dug, and got from and out of the said mines, pits, shafts, and holes, seized and carried away, and converted and dispołed thereof to their own use: And also wherefore the said w. Beard, J. Battle, and J. Wookey, with force and arms, in the parish of Hutton aforesaid, seized, took, and carried away,

divers other large quantities of earth, soil, stones, lead ore, copper ore, lapis calamiraris, brafs, and other ore of the said C. C. of other great value there found and being, and con. verted and disposed of the same to their own use, and other wrongs to the faid c. c. there did to the great damage of the said C. Č. and against the peace of our_sovereign lord the now king; and whereupon the said C. C. by E. Sheppard his attorney, complains, for that the said W. B. J. B. and J. W. on the first day of January, in the year of Our Lord 1785, and on divers other days and times, between that day and the day of suing out the original writ of the said C.C. with force and arms, broke and entered the close of the said Charles Copy, that is to fay, a certain close, called Hutton Hill, situate and being in the faid manor and parith of Hutton aforesaid, in the faid county, and with their feet in walking trod down, trampled upon, spoiled, and consumed the grass and the corn of the said C. C. there then growing and being of the value of ten pounds, and with Ihovels, pickaxes, and other iron inftruments, dug up, turned up, and subverted the earth and foil, that is to say, two acres of the earth and foil of the said close of the said c. C. and then and there dug, made,

and

and sunk, divers mines, pits, shafts, and holes, that is to say, ten mines, ten shafts, ten holes of great breadth and depth, that is to say, each of the breadth of one hundred feet, and of the depth of five hundred feet in the said close of the faid C. C. there, and from and out of the said mines, pits, shafts, and holes fo dug, made, and sunk as aforesaid, then and there raised, dug, and got divers large quantities of earth, foil, stone, lead ore, copper ore, lapis calaminaris, brass ore, and other ore of the faid c. c. that is to say, one hundred cart loads of earth, one hundred cart loads of soil, one hundred cart loads of stones, one hundred cart Joads of lead ore, one hundred cart loads of copper ore, one hundred cart loads of lapis calaminaris, one hundred cart loads of brass ore, and one hundred cart loads of other ore of the said C. C. there then being of great value, to wit, the value of two thousand pounds, and the fame fo raised, dug, and got from, and out of the said mines, piis, shafts, and holes, they the faid W.B. then and there seized, took, and carried away, and converted and disposed thereof to their own use; and also for that the said W. B. J. B. and J. W. afterwards, to wit, on the said first day of January 1785, and on divers other duys and times between that day and the time of suing out the original writ of the said C. C. with force and arms, at the parih of Hutton aforesaid, in the faid county, seized, took, and carried away divers other large quantities of earth, foil, ftones, lead ore, copper ore, lapis calaminaris, brais ore, and other ore of the said C. C. that is to say, one hundred other cart loads of earth, one hundred other cart loads of soil, one hundred other cart loads of stones, one hundred other cart loads of lead ore, one hundred other cart loads of copper ore, &c. of the said C. C. there then found and being of other great value, to wit, of the value of other two thoutand pounds, and converted and disposed of the fame to their own ule ånd other wrongs to the said C. C. they the faid W. B. j. B. and J. W. then and there did to the great damage of the laid C. C. and against the peace of our faid sovereign lord the now king, whereupon the said C. C. faith that he is injured, and hath fustained damage to the value of two thousand pounds; and therefore he brings fuit, &c.

Drawn by Mr. CROMPTON,

that

as

And the said W.B.J. B. and J, W. by G. South their attor- Plea,

the locus in que ney, come and defend the force and injury when, &c. and say,

free that they are not guilty of the faid several trespasses above laid hold of a.s. to their charge in manner and form as the said C. C. hath above wherefore the thereof complained against them, and of this they put themselves de fendants upon the country, &c. : And for further plea in this behalf as to the tenants of the breaking and entering the said closes, in the said first Count A. B. dug the of the faid declaration mentioned, in which, &c. and with their mines, &c. feet in walking treading down, trampling upon, consuming, and {poiling the grass and corn there growing and being, and with spades, shovels, pickaxes, and other iron instruments, digging up, turning up, and subverting the earth and foil of the said clole,

and

and digging, making, and finking the said mines, pits, fafts, and holes in the said close there, and from and out of the said mines, pits, shafts, and holes so dug, made, and funk aforesaid railing, digging, and getting the faid earth, foil, and stones, Jead ore, copper ore, lapis calaminaris, brass ore, and other ore then being, and the fame so raised, dug, and got from and out of the said mines, pits, shafts, and holes, seizing, taking, carrying away, and converting, and disposing thereof to their own use in the faid declaration mentioned, above supposed to have been committed by the faid defendants, they the said defendants by leave of the court here for this purpose first had and obtained, according to the form of the statute in that case made and provided, fay, that the said C. (actio non); because they fay, that the said close in which, &c, at the said several times when, &c. and before was, and yet is the clore, foil, and freehold of David Powell and Ann his wife, and one John Capel; wherefore the said W. B. !. B. and J. W. as the tenants of the said D. and Ann his wife, and the said J. C. and by their command at the said several times when, &c. in the said first Count of the said declaration mentioned, entered into the said close in which, &c. as being the close, foil, and freehold of D. and A. his wife, and the faid J. C. and with spades, shovels, pick axes, and other iron inftruments, dug up, turned up, and fubverted the earth and foil in the said closes in which, &c. in the said first Count, in the said declaration mentioned, as the earth and soil of them the said D. and A. his wife, and the faid J. C. then being in their clofe, soil, and freehold, and dug, made, and funk the said mines, pits, shafts, and holes in the said close in which, &c. in the said first Count of the said declaration mentioned, as in the close, soil, and freehold of thein the faid D. and A. his wife, and the said J. C, and from and out of the faid mines, pits, Ihafts, and hales lo dug, made, and funk in the said close in which, &c. as aforesaid, raised, dug, and got the said earth, foil, stones, lead ore, copper ore, lapis calaminaris, brass ore, and other ore, in the said first Count of the said declaration mentioned, as the earth, foil, and freehold of the said D. and A. bis wife, and the said J. C. dug and got from and out of the clole, foil, and freehold, and the fame seized, took, and carried away, and converted and disposed thereof for the use of the said D. and A. bis wife, and the said J. C. as they lawfully might for the cause aforesaid, and this, &c.; wherefore, &c.

N.GRose. Replication. Similiter to ge

And the said C. C. as to the faid plea of the said defendants by neral issue, tra- them first above pleaded in bar, whereof the said defendants have verse of the

themselves upon

the country;

he the said C. C. doth fecond plea, and

so likewise : And the said C. C. as to the said plea of the said dethat said clore in which, &c. is fendants by them lastly above pleaded in bar as to the faid trefthe frechold of passes in the introduction to that plea mentioned by the said deplaintiff; fimili- fendants above done, says, that he by reason of any thing in that ter and award plea mentioned (precludi non); because he says, that the said .

close

above put

close in which, &c. at the said several times when, &c. and long before was and is the close, soil, and freehold of him the faid C.C. and not the close, soil, and freehold of them the faid D. P. and A. his wife, and the said J. C. or of any or either of them as the said defendants have above in that plea alledged, and this the said C. C. prays may be enquired of by the country, and the faid defendants do fo likewise; therefore, &c. G. ROOKE.

This cause was tried at Summer Affizes 1787, and verdia for defendanes.

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LANCASHIRE, to wit. J. C. conplains of R. H. being, Declaration in &c. for that he the said defendant heretofore, to wit, on, &c. at,

B. R. in titipals

vi et armis, for &c. in, &c. with force and arms, &c. broke and entered the closes,

hunting to wit, one close called one other clore called scribing them by their general name) of the said plaintiff there plaintiff 'setiste situate, lying, and being, and then and there with feet in walk- after a wiitten ing, and by and with divers dogs, to wit, greyhounds, hounds, notice to keep terriers, lurchers, beagles, harriers, pointers, and spaniels, and by and with servants and certain other idle and diffolute persons to the said plaintiff at present unknown then and there inftigated by, and following and attending upon the faid defendant, trod down, trampled upon, consumed, and spuiled the grass there then growing and being of a large value, to wit, of the value of ten pounds of lawful money of Great Britain, and then and there broke down, tore down, profirated, and destroyed the hedges and fences, to wit, fifty perches of the hedges, and fifty perches of the fences of and belonging to the said closes of the laid plaintiff, and with the said dogs and servants and followers then and there without the licence and against the will of the said plaintiff, hunted and fowled upon the faid leveral closes, and by and with the faid dogs and hunting and fowling, tore up, broke down, and spoiled other the grass, herbage, and fencing, to wit, ten roods of other fencing there then growing, standing, and being in the faid closes: And also for that the said defendant (then and there being an in- 2d Count, ferior tradesman, to wit, a fhoemaker) heretofore, to wit, on,

a ainit defend.

ant as an infe. &c. at, &c. in, &c. with force and arms, &c. and by and with

ror traderman, dogs, to wit, greyhounds, &c. and by and with guns and other 2 Will. Rep. 79. dogs, to wit, Ipaniels, setting, dogs, and pointers, broke and 1 Ld. Raymond, entered other the closes, to wit, &c. &c. (as in first Count) of 4 Ed. 149. the said plaintiff there situate, lying, and being, and then and Sta: 4 & 5Wil.&

Ma. c. 23. f. 10. there hunted and fowled therein, without the leave or licence, and

2 Esp. Ni. Pri. against the will of the said John: And also for that the said Richard 121, &c. heretofore, to wit, on, &c. and on divers other days and times, 3d Count, for a between that day and the exhibiting the bill of the said plaintiff at, general trespass &c. with force and arms, &c. by and with dogs, to wit, grey- and times.

on divers days hounds, &c. broke and entered other the closes, to wit, &c. of the faid plaintiff there situate, and on those several days and times, eat up, trod down, trampled upon, consumed, spoiled, and defa troyed the grass and the corn, grain, and roots, to wit, oats, &c.

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