manor, and which faid M. C, is ftill alive, to wit, at the parish of M. aforefaid; and being fo feifed thereof, he the faid T. C. in his own right, and in the right of his faid wife, and the faid defendants as his fervants, and by his command at the faid feveral times when, &c. entered the faid clofe called the Bay, as being the close of the faid J. C. and with their feet in walking trod down, trampled upon, spoiled, and confumed the grafs and corn there then growing and being, as being the grafs and corn of the faid T. C. there growing and being in the faid clofe and foil of the faid T.C. and with the cattle in the faid firft Count in the faid declaration mentioned trod down, trampled upon, fpoiled, eat up, depaftured, and confumed the faid other grafs and corn in the faid firft Count of the faid declaration mentioned there then alfo growing and being, as being the grafs and corn of the faid T.C. there alfo growing and being in the said close and foil of the faid John Camfield, and with the faid waggons, carts, and other carriages in the faid firft Count of the faid declaration mentioned, crushed, squeezed, damaged, and spoiled the faid other grafs and corn there alfo growing and being in the faid close and foil of the faid T.C.and with the wheels of the faid carriages tore up, turned up, fubverted, and fpoiled the faid foil in the faid first Count of the faid indenture mentioned, being the foil of the faid J. C. and with divers inftruments broke down, tore down, cut down, cut up, proftrated, and deftroyed the faid hedges and fences in the faid firft Count of the faid declaration mentioned, there then erected, standing, and being in and upon the faid close of the faid T.C. and fenced and inclosed the fame, as being the close of the faid T. C. and dug up and fubverted the faid foil, being the foil of the faid T. C. and filled up, levelled, and deftroyed the faid dikes, ditches, and drains in the faid firft Count of the faid declaration mentioned, as being the dikes, ditches, and drains of and belonging to the faid clofe of the faid T. C. and fawed down, cut down, proftrated, and deftroyed the faid trees in the faid firft Count of the faid declaration mentioned, there then ftanding, growing, and being, as being the trees of the faid T. C. ftanding, growing, and being in and upon the clofe and foil of the faid T. C. and the wood and materials coming and arifing from the faid hedges seized, took, and carried away, and converted and difpofed thereof to their own use, as being the wood and materials coming and arifing from the faid hedges of the faid T. C. erected, ftanding, growing, and being in and upon the faid clofe of the faid T. C. and with their feet in walking trod down, trampled upon, fpoiled, and confumed the faid other grafs and corn in the faid fecond Count mentioned, there lately growing and being, as being the grafs and corn of the faid T. C. growing and being in and upon the faid close and foil of the faid T. C. and with the laid other cattle in the faid fecond Count mentioned trod down, trampled upon, fpoiled, eat up, depastured, and confumed the faid other grafs and corn there alfo growing and being, as being the grafs and corn of the faid T.C. there then growing, and being in and upon the faid clofe of the faid T. C. and with divers other waggons, carts, and other carriages,

carriages, crushed, fqueezed, damaged, and fpoiled the faid other grafs and corn there then growing and being, as being the grafs and corn of the faid T. C. there alfo growing and being in and upon the faid clofe of the faid T. C. and with the wheels of the faid carriages tore up, turned up, fubverted, and fpoiled the said laftmentioned foil, as being the foil of the faid T. C. and with divers inftruments broke down, tore down, cut up, proftrated, and deftroyed the faid hedges and fences in the fecond Count of the faid declaration mentioned, there then erected, ftanding, and being, as being the hedges and fences of the faid T. C. erected, standing, and being in and upon the faid clofe, and fenced and inclosed the fame, as being the close of the faid T. C. and with divers other inftruments dug up and fubverted the foil of the faid laft-mentioned clofe, being the foil of the faid laft-mentioned clofe, of the faid T. C. and filled up, levelled, and deftroyed the faid other dikes, ditches, and drains in the faid fecond Count of the said declaration mentioned, fo being the faid dikes, ditches, and drains of and belonging to the faid clofe of the faid T. C. and alfo feized, took, and carried away the faid trees, wood, and underwood in the faid laft Count of the faid declaration mentioned, and converting and difpofing thereof to their own ufe, being the trees, wood, and underwood of the faid T. C. growing and being in and upon the faid clofe of the faid T. C. called the Bay, in which, &c, as it was. lawful for them to do, which are the faid feveral fuppofed trefpaffes in the faid close called the Bay, in which, &c. in the faid firft and fecond Counts of the faid declaration mentioned, and feizing, taking, and carrying away the faid trees, wood, and underwood in the faid laft Count of the faid declaration mentioned, and converting and difpofing thereof to their own ufe, whereof the faid. Vine hath above complained against them; and this they are ready to verify; wherefore they pray judgment if the faid V. ought to have or maintain his aforefaid action thereof against them, &c. : And for further plea in this behalf as to the feveral fuppofed trefpafles in the faid clofe called the Nine Acres in the said first and fecond Counts of the faid declaration mentioned, they the faid defendants, by like leave of the court here to them for this purpofe granted, according to the form of the ftatute in fuch cafe lately made and provided, fay, that the faid V. ought not to have or maintain his aforefaid action thereof against them; because they fay, that the faid clofe called the Nine Acres, in the faid firft Count mentioned, and the faid clofe called the Nine Acres, in the faid fecond Count of the faid declaration mentioned, are one and the fame close and not other or different: And the faid defendants further fay, that as well the faid clofe called the Nine Acres, in which, &c. as alfo a certain other clofe otherwise the Boring Wheel Pound Bay are, and at the said time when, &c. were, and from time whereof, &c. hath been fituate, lying, and being within the manor of D. in the faid county of Suflex, and parcel of the faid manor, and that the faid clofe called the Bay is, and at the faid times when, &c. was, and from time whereof, &c. hath been a cuftomary tenement of the faid manor demifed and demife

able

able by the copy of the court rolls of the faid manor, by the lord of the faid manor for the time being by his fteward or deputy fteward of the court of the faid manor for the time being to any perfon or perfons willing to take the fame in fee fimple, for life, or otherwife at the will of the lord, according to the cuftom of the faid manor; of which faid manor, with the appurtenances, whereof, &c. long before any of the faid times when, &c. the most noble John Frederick, duke of Dorfet, was feifed in his demefne as of fee, and being fo feifed thereof, he the faid duke, long before any of the faid times when, &c. to wit, at the court baron of the faid duke holden in and for the faid manor, to wit, at the parith of M. aforefaid, on the twentieth day of November 1776, by G. B. deputy fteward of Thomas Wally Partington, efquire, then steward of the lord of the faid manor, granted feifin by the rod of the faid clofe called the Bay, and other things to M. C. then and now the wife of the faid T. C. to have and to hold the fame unto the faid M. C. and her affigns for and during the term of her natural life, by the copy of the court rolls at the will of the lord according to the cuftom of the faid manor; by virtue of which faid grant he the faid John Camfield and Mary, in right of the faid Mary, afterwards and before any of the faid times when, &c. to wit, on the fame day and year laft aforefaid, entered into the faid clofe called the Bay, and became, and at the faid time when, &c. were feifed thereof for and during the natural life of the faid M. at the will of the faid lord, according to the custom of

the faid manor: And the faid T. C. &c. further fay, that within 3d, right of way the faid manor there now is, and at the said times when, &c. there by prescription. was, and from time whereof, &c. there hath been a certain cuftom there used and approved of, that is to fay, that every cuftomary tenant of the faid cuftomary tenement called the Bay for the time being hath had, and hath been accustomed to have a certain way from the faid clofe called the Bay, in, through, and over the faid clofe called the Nine Acres, in which, &c. unto and into a certain public highway leading from Hooney Common in the faid parish of M. to Duddlefwell in the parish of Buxtod, in the faid county of Suffex, and so back again in the fame way to go, pass, and repafs with horfes, cattle, carts, and carriages, for the convenient ufe and occupation of the faid clofe called the Bay, every year at all times of the year and as often as occafion required; and the faid T. C. being fo feifed of the faid clofe called the Bay as aforefaid, and at the faid feveral times when, &c. having to ufe the faid way, he the faid T. C. in his own right, and the faid defendants as his fervants, and by his command entered the faid close called the Nine Acres, in which, &c. to the faid clofe called the Bay, ufing the faid way there for the convenient occupation of the faid clofe called the Bay as it was lawful for them to do, and in fo doing neceffarily and unavoidably with their feet in walking trod down, trampled upon, fpoiled, and confumed a little of the grafs and corn there then growing and being, and the faid cattle unavoidably trod down, trampled upon, fpoiled, and confumed a little

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of the faid grafs and corn there then growing and being in the faid way and on the fides thereof, and the wheels of the faid waggons, carts, and other carriages neceffarily and unavoidably a little crushed, fqueezed, damaged, and spoiled the said grafs and corn there alfo growing and being, and tore up, turned up, fubverted, and fpoiled a little of the faid foil; and because the faid way in the said clofe in which, &c. was at the faid times when, &c, stopped up by the faid hedges and fences in the faid declaration mentioned, made and erected in and across the faid way there, he the faid John Camfield in his own right, and the faid defendants as the fervants, and by his command in order to open and gain a neceffary paffage there for the faid cattle, carts, waggons, and carri ages, and to use the fame way, did then and there neceffarily break and throw down a little of the faid hedges and fences fo made and erected across the said way there, and removed the fame at a little distance, and without doing of which he could not pafs along and ufe the faid way; and because the said dikes, ditches, and drains in the faid declaration mentioned, at the times when, &c. were wrongfully made in and across the said way in the faid clofe called the Nine Acres, in which, &c. and obstructed the faid T. C. in the ufe of the faid way there, he the faid T. C. in his own right, and the faid defendants as his fervants, and by his command filled up and levelled the fame as it was lawful for them to do for the caufe aforefaid, doing as little damage as on that occafion they poffibly could, which are the fame feveral supposed trefpaffes in the faid clofe called the Nine Acres, in which, &c. whereof the faid Vine hath above complained against them; and this they are ready to verify; wherefore they pray judgment if the faid V. ought to have or maintain his aforefaid action thereof against them: And for further plea in this behalf as to the several fuppofed trefpaffes in the faid close called the Nine Acres, in the faid first and fecond Counts of the faid declaration mentioned, they the faid defendants, by like leave of the court here to them for this purpose granted, according to the form of the statute in fuch cafe made and provided, fay, that the faid V. ought not to have or maintain his aforefaid action thereof against them; becaufe they say, that the said clofe called the Nine Acres, in the faid first Count mentioned, and the faid clofe called the Nine Acres, in the faid fecond Count of the faid declaration mentioned, are one and the farne close and not other or different: And the faid defendants further fay, that as well the faid clofe called the Nine Acres, in which, &c. as alfo a certain other clofe called the Boring Wheel Pound, otherwife the Four Acres, are, and at the faid times when, &c. were, and from time whereof, &c. hath been fituate, lying, and being within the manor of Duddlefwell, in the faid county of Suffex, and parcel of the faid manor, and that the said close called the Boring Wheel Pound, otherwife the Four Acres, is, and at the faid times when, &c. was, and from time whereof, &c. hath been a cuftomary tenement of the faid manor demifed and demifeable by the copy of the court rolls of the faid manor, by the lord of the faid

manor

manor for the time being by his fteward or deputy fteward of the faid court of the faid manor for the time being, to any perfon or perfons willing to take the fame in fee finple, for life, or otherwife, at the will of the lord, according to the cuftom of the faid manor; of which faid manor, with the appurtenances, whereof, &c. long before any of the faid times when, &c. the moft noble John Frederick, duke of D. was felfed in his demefne as of fee, and being fo feifed thereof, he the faid duke, long before any of the faid times when, &c. to wit, at a court baron of the faid duke holden in and for the faid manor, to wit, at the parish of M. aforefaid, on the twentieth day of November 1776, by G. B. deputy steward of J.W. P. then steward of the lord of the faid manor, granted feifin by the rod of the faid clofe called the Boring Wheel Pound, otherwife the Four Acres, among other things, to M. C. then and now the wife of the faid T. C. to have and to hold the fame unto the faid M. C. and her affigns during the term of her natural life, by the copy of the court rolls at the will of the lord, according to the cuftom of the faid manor; by virtue of which faid grant he the faid J. C. and Mary, in right of the faid Mary, afterwards and before any of the faid times when, &c. to wit, on the fame day and year laft aforefaid, entered into the faid clofe called Boring Wheel Pound, otherwife the Four Acres, and became, and at the faid time when, &c. were feifed thereof for and during the term of the natural life of the faid M. at the will of the lord, according to the custom of the faid manor: And the faid M. C. &c. further fay, that within the faid manor there now is, and at the faid times when, &c. there was, and from time whereof &c. there hath been a certain cuftom there ufed and approved of, that is to say, that every customary tenant of the faid customary tenement called the Boring Wheel Pound, otherwise the FourAcres, for the time being, hath had and hath used, and been accuftomed to have a certain way from the faid ciofe called the Boring Wheel Pound, otherwife the Four Acres, into, through, and over the faid clofe cailed the Nine Acres, in which, &c. unto and into a certain public highway leading from Horney Common into the faid parish of M. to Duddlefwell, in the parish of Buxftead, in the faid county of S. and fo back again to go, pafs, and repafs with horfes, cattle, carts, and carriages, for the convenient use and occupation of the faid clofe called the Boring Wheel Pound, otherwife the Four Acres, every year and at all times in the year as often as occafion required; and the faid T. C. being seised of the faid close called Boring Wheel Pound, otherwise the Four Acres as aforefaid, and at the faid feveral times when, &c. having occafion to use the said way, he the faid T. C. in his own right, and the faid defendants as his fervants, and by his command, entered the faid clofe called the Nine Acres, in which, &c. and went and paffed with the faid horfes, carts, waggons, and other carriages in the faid firft and fecond Counts of the faid declaration mentioned from the faid public highway leading from Horney Com mon, in the said parish of M. to Duddlefwell, in the faid parish VOL. IX. S

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