of the faid plaintiff then being in the said several closes of a large Opinion to the 2 Bla 1089. trefpafs, break. ers, they quitted. quieted him" with this advantage too, whether he has fourth fection of 8. and 9. Wm. 3. c. 11. upon which plaintiff feems to have formed his idea of the prefent action. However, whether the defendant is or is not fuch inferior tradefman, a Count in the declaration to that offect can do no harm. I have therefore inferted it together with the other for trespass, after notice, and alfo a Count for a general trefpafs at divers days and times, which together feems to me to cover the whole of the plaintiff's cause of action. I am not aware that the not naming the clofes would be fatal (indeed it could but amount to informality at most), but I think it prudent to preclude objection by given them each a name; but a name of general reputation will do. THOMAS BARROW. Declaration in PALACE COURT, to wit. R. M. by C. H. his attorney, ing doors, put. Complains of G. H. in a plea of trefpafs, &c.; for that whereas ting furniture he the faid G. heretofore, to wit, on, &c. and alfo upon the into diforder, twenty-first day of, &c. A. D. 1784 at, &c. in, &c. and within diflurbing lodg- the jurifdiction of the faid court, with force and arms, &c. broke whereby and entered a certain meffuage or dwelling houfe of the faid R. there fituate and being, and stayed and continued for a long space of time, to wit, for the space of fix hours, and on each of those days and during that time made a great noife, difturbance, and (1)" and dif- affray in the faid houfe (1), and wrenched, broke, and forced open, turbed and dif- divers of the doors of and in the faid meffuage or dwelling house, and then and there broke, damaged, and spoiled the fame, and the locks and fastenings thereof, and looked into, fearched, and examined, divers of the rooms, apartments, and clofets in and of the (2)" thereof, faid houfe, and then and there toffed, tumbled, damaged, and fpoiled and then and the furniture, and other goods and chattels of the faid Richard, wrongs to the then and there being in the faid houfe; whereby the faid Richard faid Richard a- was not only greatly interrupted and disturbed in the peaceable gainst the peace and quiet poffeffion, ufe, and occupation (2) of his faid house, of our lord the but divers perfons, that is to fay, one A. B. and C. D. who were at the time of the aforesaid trefpaffes, lodgers and tenants of the the faid Robert faid Richard as to certain parts of his faid house, left and quitted of five pounds; their lodgings, and ceafed to be tenants to the faid Richard of the and therefore he fame; whereby the faid Richard loft all benefit and advantage that brings his fuit, would have arifen and accrued on their continuing tenants to him there did other new king and to the damage of &c. And he also avers, &c." as aforefaid, at the parish and ward aforefaid, in the county afore Jaid: And alfo for that he the faid G. afterwards, to wit, on, &c. at, &c. in the county and jurifdiction aforefaid, with force and arms, &c. broke and entered a certain mefluage, &c. &c. [Finish this Count like the firft, only omitting the parts in Italic, and inserting in lieu thereof what is in the margin.] Eafter Term, 29. Geo. III. V. LAWES. H. 6. c. 4. 1.6. for putting out and diffeifing holding out when diffeifed. LINCOLNSHIRE, to wit. George Harrifon complains of (a) Trefpafson 8. John Fowler; for that whereas by a certain ftatute made in a parliament holden at Westminster, in the eighth year of the reign of Henry the Sixth, late king of England, entitled, "The Duty plaintiff oflands, "of Juftices of Peace, where Land is entered upon or detained and "with Force," it was (amongst other things) enacted, that if plaintiff any perfons fhould be put out or diffeifed of any lands or tenements in forcible manner, and put out peaceably after holding out with ftrong hand, the party grieved in that behalf fhould have affize of novel diffeifin or a writ of trespass against such diffeifer, and if the party grieved fhould by affize or by action of trefpafs, and it fhould be found by verdict or in other manner by due form in the law that the party defendant entered with force into the lands and tenements, or then after his entry did hold with force, that the plaintiff should recover his treble damages against the defendant, as by the faid ftatute more fully appears: And the faid George further faith, that after the making the aforefaid ftatute, and before and at the time of the committing the grievance hereafter next mentioned, he the faid George was feised in his demefne as of fee clofes of lands, of and in one meffuage, and divers, to wit, with the appurtenances, fituate, lying, and being in the parish of Barralty le Beck, in the county of Lincoln, and being fo feifed thereof, the faid John, not regarding the ftatute aforefaid, on the twenty-fixth of February A. D. 1789, at, &c. aforesaid, with force and arms, &c. entered into the said premises, and then and there in a forcible manner put out and diffeifed the faid George therefrom, and kept and continued him the said John fo put out and diffeifed for a long fpace of time, to wit, for the fpace of twenty days then next following, whereby the faid George, for and during all that time, loft and was deprived of all the profits, benefit, and advantage which might and would otherwife have arisen and accrued to him from the faid premifes, and was put to great trouble, inconvenience, and expence for, in, and about the regaining the poffeffion thereof, in contempt of our faid lord the king, to the great damage of the faid George, and against the form of the ftatute aforefaid, to wit, at, &c. aforefaid: And the faid G. further fays, that after the making of the aforefaid ad Count. ftatute, and before and at the time of the committing the grievance hereinafter next mentioned, he the said George was feifed in his demefne as of fee of and in one other meffuage, and divers, to wit, other clofes of land, with the appurtenances, fituate, lying, and being in the parifh aforefaid, in the county afore (4) See Actions on Statutes, fervants, and faid, and from which faid laft-mentioned premifes he the faid John, on the faid twenty-fixth of February in the year aforefaid, peaceably put out the faid George, to wit, at, &c. aforefaid; nevertheless the faid John, not regarding the ftatute aforefaid on the day and year laft aforefaid, and from thence for a long space of time, to wit, for the space of twenty days then next following, with force and arms, and with ftrong hand held out the faid George from the faid laft-mentioned premifes, in contempt of our faid lord the king, to the great damage of the faid George, and against the form of the ftatute as aforefaid, to wit, at, &c. aforefaid. [The 3d Count was a common one in trefpafs, for entering the plaintiff's house and lands, with an expulfion; and the 4th, for feizing, taking away, and converting plaintiff's goods.] Pleas before the barons of the exchequer at Westminster, among the pleas of the term of St. Hilary, in the thirtieth year of the reign of our fovereign lord George the Third, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, &c. For entering WILTSHIRE. Be it remembered, that heretofore, that is plaintiff's clofe to fay, in Michaelmas term laft paft, John Lowther, a debtor of by himself and his prefent majefty, came before the barons of this exchequer at treading down Westminster, by Abel Jenkins his attorney, and brought then here grafs and corn, into court his bill against James Gordon in a plea of trefpafs, the &c, and by cat- tenor of which faid bill follows in thefe words, Wiltshire, to tle eating and wit: John Lowther, a debtor of our lord the king, comes before depafturing, and by carriages fub- the barons of the exchequer on the twenty-eighth of November in verting foil, this fame term, by A. Jenkins his attorney, and complains by bill breaking down against James Gordon prefent here in court the fame day of a plea gates, breaking of trefpafs; for that the faid James, on the firft of July, A. D. to pieces locks, 1789, and on divers other days and times between that day and &c. deftroying hedges, &c. the day of exhibiting the bill of the faid John in this behalf, with over.urning force and arms, &c. broke and entered the clofe of the faid John 1tacks of hay, called Hither Ludburn, fituate, lying, and being in the parish of and fcattering Weftbury, in the faid county of W. and with his feet and the feet hay. of his fervants in walking trod down, trampled upon, confumed, and spoiled the grafs and corn, to wit, wheat, rye, barley, peafe, beans, and oats of the faid John of the value of ten pounds at thofe times there ftanding, growing, and being, and with certain cattle, to wit, horfes, mares, geldings, and colts, eat up, depaftured, trod down, trampled upon, confumed, and spoiled other the grafs and corn, to wit, other wheat, rye, barley, pease, and beans of the faid John of the value of other ten pounds at those times then also standing, growing, and being, and with the wheels of carts, waggons, and other carriages, tore up, turned up, and fubverted the foil, to wit, one hundred perches of the foil of the faid John of his aforefaid clofe of the value of other ten pounds, and broke down, threw down, pulled down, proftated, broke open, 2 damaged, damaged, fpoiled, and deftroyed the gates, to wit, four gates of the faid John of the value of other ten pounds at thofe times erected, set up, standing, and being in and upon his aforefaid close, and broke to pieces, forced open, broke open, wrenched open, demolifhed, and spoiled the locks, ftaples, and hinges, to wit, eight locks, eight flaples, and twenty hinges of the faid John of the value of five pounds, at thofe times affixed to the faid gates, and with which the faid gates were at thofe times locked and fastened, and broke down, threw down, proftrated, pulled up, pulled to pieces, demolished, and deftroyed the hedges, fences, pofts, and rails, to wit, twenty perches of the hedges, twenty perches of the fences, fifty pofts, and fifty rails of the faid John of the value of ten pounds, at thofe times erected, fet up, ftanding, growing, and being in and upon his faid close, and pulled down, threw down, overfet, and overturned the ftacks and ricks of hay, to wit, three ftacks of hay and two ricks of hay of the faid John of the value of fifty pounds, at thofe times ftanding and being in and upon the aforefaid close of the faid John, and scattered the said hay in and about the said clofe of the faid John, and with the aforefaid cattle of the faid James, and the wheels of his aforefaid carts, waggons, and other carriages trod down, trampled upon, crushed, confumed, and wholly fpoiled the faid hay; by means whereof the fame was rendered of no ufe or value whatever to the faid John, to wit, at the parish aforefaid, and other wrongs to the faid John there did to his great damage, and against the peace of our lord the now king, whereupon the faid John fays he is injured, and hath fuftained damage to the value of three hundred pounds, whereby he is the lefs able to fatisfy by his faid majefty the debt to which he owes him at his said exchequer; and therefore he brings fuit, &c. Pledges, &c. in and aliened one that defendantof And now here at this day, that is to fay, in eight days of St. Hi Plea ft, not lary in this fame term, until which day the faid James had leave to guilty, 2d, plea imparl to the faid bill, and then to answer the fame, come as well of juftification the faid John by his attorney, as the faid James by Roger Jortin his vate way by neattorney, and the faid John prays that the faid James inay anfwer ceffity, that one him in the premifes, and upon this the faid James defends the W. M. was fef force and injury when, &c. and fays that he is not guilty of the fe- ed of two closes, veral trefpafles above laid to his charge, in manner and form as to defendant, & the faid John hath above thereof complained against him; and of this he puts himself upon the country, &c.; and the faid John doth neceffity paffed the like: And for a further plea as to the breaking and entering through plain. the faid close in which, &c. and with his feet and the feet of his tiff's clofe to his servants in walking treading down, trampling upon, confuming, and own. fpoiling the grafs and corn in the faid declaration in that refpect mentioned, and with cattle eating up, depafturing, treading down, trampling upon, confuming, and fpoiling other the grais and corn in the faid declaration in that respect mentioned, and with the wheels of carts, waggons, and other carriages tearing up, turning up, and fubverting the foil of the faid John of his aforefaid VOL. IX. M clofe, clofe, and breaking down, throwing down, pulling down, proftrating, breaking open, breaking to pieces, damaging, fpoiling and deftroying the gates in the faid declaration mentioned, and breaking to pieces, forcing open, wrenching open, demolishing, and fpoiling the locks, ftaples, and hinges with which the faid gates were locked and faftened, and breaking down, throwing down, proftrating, pulling up, pulling to pieces, demolishing, and deftroying the hedges, fences, pofts, and rails, and pulling down, throwing down, overfetting, and overturning the ftacks and ricks of hay in the faid declaration alfo mentioned, and fcattering the faid hay in and about the faid clofe, and with the faid cattle of the faid James, and the wheels of his aforefaid carts, waggons, and other carriages treading down, trampling upon, crushing, confuming, and spoiling the faid hay above fuppofed to have been committed by the faid James, he the faid James by leave of the court here for this purpose firft had and obtained, according to the form of the ftatute in that cafe made and provided, fays, that the faid John ought not to have his aforefaid action thereof maintained against him; because he fays, that the faid clofe in the faid declaration mentioned and in which, &c. is contiguous and adjoining towards the fouth fide thereof to a certain ancient and public highway in the faid parifh, and towards the north fide thereof to a certain other close in the faid parish called the New Tyning, and that one William Mackey, for divers years before the making of the alienation and conveyance to the faid John hereinafter mentioned, was lawfully feised in his demefne as of fee as well of the faid close in which, &c. as of the said other clofe called the New Tyning, with their respective appurtenances; and being so seised of the faid close refpectively, the faid William Mackey heretofore, to wit, on the thirty-first day of December, in the year of Our Lord 1786, at the parish aforefaid, duly granted, aliened, and conveyed the faid close in which, &c. with the appurtenances, to the faid John, his heirs and affigns: And the faid James further fays, that during all the time aforefaid, and at the time of fuch alienation and conveyance of the faid clofe in which, &c. to the faid John, the faid William Mackey, his farmers and tenants, occupiers of the faid close called the New Tyning, had no other way for themselves and their fervants to go, return, pafs, and repafs on foot, and with carts, waggons, and other carriages, and the cattle drawing the fame to and from the faid laft-mentioned clofe, fave and except a certain way from and out of the aforefaid highway, through, over, and along the faid close in which, &c. and into the faid clofe called the New Tyning, and from thence back again, through, over, and along the faid clofe in which, &c. unto and into the faid highway, for which reason the said William M. for himfelf, his farmers and tenants, occupiers of the faid clofe called the New Tyning, after fuch alienation and conveyance of the faid clofe in which, &c. to the faid John, neceffarily ought to have had for themselves and their fervants fuch way as aforefaid, being the nearest and most convenient |