them that for three months then laft paft and longer, and within the limits and jurifdiction of the faid office and commiffioners, one B. M. and the faid plaintiff therein had been, and continued to be, and then were tanners of hides and pieces of hides and skins, and that they the faid B. M. and plaintiff being fuch tanners, they the faid B. M. and plaintiff, within three months then last past, that is to fay, on the ninth of Auguft then inftant, within the limits and jurisdictions aforefaid, with intent to deceive his faid majefty of his juft dues upon hides and skins and pieces of hides and fkins granted by the ftatutes in that behalf made, did fraudulently neglect, and did not give or leave notice in writing to or for the proper officer of excife appointed for, and where their tan house, work houfe, or other place was made ufe of, of four rooms or other places made ufe of by the faid B. M. and plaintiff, one of them for the tanning, tawing, and dreffing of hides and fkins, and pieces of hides and skins, chargeable with duties to his faid majefty, by virtue of the ftatutes in that cafe made and provided, but did make use of fuch rooms or places, one vat therein contained for the tanning, tawing, and dreffing fuch hides and fkins, and pieces of hides and fkins, without giving or leaving fuch notice as aforefaid, contrary to the form of the ftatute in fuch cafe made and provided; whereby the faid B. M. and plaintiff hath forfeited the fum of fifty pounds for each of the faid rooms, and fifty pounds for the faid vat, amounting in the whole to the fum of two hundred and fifty pounds of lawful money of Great Britain, and thereupon the faid E. C. who as well, &c. humbly prayed the judgments of them the faid commiffioners in the premises, and that he might have one moiety of the faid forfeitures, according to the form of the ftatute in fuch cafe made and provided, and that the faid B. M. and plaintiff might be fummoned to answer the said premises, and to make a defence thereto before them the faid commiffioners; and afterwards, to wit, on the feventh of July 1778, at the chief office of excife in London aforefaid, came before three of the faid commiffioners and governors of excife, as well the faid Edward Cook as the faid B. M. and plaintiff, they the faid B. M. and plaintiff having been firft duly fummoned to appear there that day before the faid commiffioners to answer and make defence to the matters in the faid information contained, and to come prepared to make defence thereto before them the faid commiffioners; and the faid B. M. and plaintiff having heard the fame when then and there were afked by the faid commiffioners and governors if they could fay any thing for themselves why they fhould not be convicted of the premifes charged upon them by the faid information in form aforefaid, and thereupon the faid B. M. and plaintiff faid that they were not guilty of the faid offence, or any or either of them; whereupon at the request of the informer, they the faid three commiffioners and governors did then and there proceed to examine into the facts in the faid information contained, and upon due and full proof thereof by witnesses then produced U 3 produced being creditable witnefes upon their respective corporal oaths by them there duly adminiftered, did manifeftly appear to them the three commiffioners that faid B. M. and plaintiff were tanners of hides and fkins and pieces of hides and fkins as in the faid information was alledged, and that the faid B. M. and plaintiff were guilty of ufing one room and one vat therein for tanning, tawing, and dreffing of hides and fkins and pieces of hides and fins without giving and leaving notice in writing to or for the proper officer of excife appointed for, and where the faid room and vat made ufe of in manner and form as in the faid information was charged; it was therefore afterwards, on the fixth of Auguft 1778, adjudged and determined by the faid three commiffioners, that the faid B. M. and plaintiff had forfeited the fum of fifty pounds for the faid room, and fifty pounds for the faid vat, amounting in the whole to one hundred pounds of lawful money of Great Britain; it was alfo further confidered by the faid commiffioners, that the faid B. M. and plaintiff were then and there by and before the faid commiffioners convicted of the faid offence of which they were found guilty charged upon them by the faid information, and the faid commiffioners did adjudge and order that the faid B. M. and plaintiff fhould pay the fum of one hundred pounds, to be diftributed as the law directs, as by the faid judgment and conviction remaining before the faid commiffioners in the faid chief office of excife in London aforefaid more fully appears: And the faid defendants further fay, that before the faid time when, &c. to wit, on the thirteenth of Auguft, in the eighteenth year of his faid majefty's reign, and in the year of our Lord 1778, at W. aforefaid, the faid fum of one hundred pounds remaining unpaid, there iffued from the chief office of excife in London, under the hands and feals of D. P. A. L. and W. L. being three commiffioners or governors aforefaid, appointed by his prefent majefty king George the Third for the management of his receipt of the excife, a certain precept or warrant upon the said conviction, directed to the faid Robert Maulkin, meflenger, and to all and every other the faid commiffioners meffengers belonging to that office, by which faid warrant, reciting, whereas a judgment of them the faid commiffioners paffed in that office on the fixth of Auguft inftant, within the limits and juridiction of the faid office, the faid B. M. and plaintiff ftood condemned in the forfeiture of one hundred pounds of lawful money of Great Britain, for that the faid B. M. and plaintiff, on the feventh of August 1777, did make use of, and caufed to be made ufe of one room and one vat for the tanning, tawing, and drefing of hides and ikins and pieces of hides and skins without giving notice in writing thereof, contrary to the form of the ftatute in fuch cafe made and provided, as by the faid judgment appeared; therefore the faid commiffioners did in his majefty's name, by the faid warrant, authorise and require the faid Robert Maulkin forthwith to feize and diftrain the goods and chattels of the faid B. M. and plaintiff to the value of the the fum of one hundred pounds of lawful money of Great Britain, and to caufe an inventory and appraisement thereof forthwith to be made, and if the faid goods and chattels fhould not be redeemed within fourteen days next after fuch service made, then to make fale thereof, rendering to the faid B. M. and plaintiff the overplus, if any fhould be, and for want of fufficient diftrefs, or in cafe of oppofition or resistance, to make return thereof to them the faid commiffioners, that fuch further proceedings might be had as by the laws in that cafe made were directed and appointed, and, all the conftables and others his majefty's officers were by them refpectively prayed and required to be aiding and affifting to him the faid Robert Maulkin and to all and every other the faid commiffioners meffengers belonging to the faid office in the due execution of the faid warrant: And the faid defendants aver, that the faid plaintiff in the faid declaration mentioned, and the faid John Martin Luhkenback in the faid information and warrant mentioned, are one and the fame perfon, and not other and different perfons, to wit, at W. aforefaid, which faid warrant afterwards, and before the said time when, &c. to wit, on the thirteenth of Auguft 1778 aforefaid, at Weftminfter aforefaid, was delivered to the faid Robert Maulkin, he the faid Robert Maulkin then, and until and at and after the faid time when, &c. being meffengers of the faid commiffioners belonging to the faid office, to be executed in due form of law; by virtue and in execution of which faid warrant the faid Robert Maulkin, fo being such meffenger as aforefaid in his own right, and the faid R. A. as his fervant, and by his command, and at the faid time when, &c. entered into the faid dwelling-house, &c. in the said first Count of the faid declaration mentioned in order to feize and distrain the goods and chattels of the faid plaintiff in the faid first Count of the faid declaration mentioned in order to raise and levy the said fum of one hundred pounds of, &c. and did then and there detain the faid goods and chattels for the said space of time in the faid firft Count of the faid declaration mentioned, and until the said plaintiff paid to the faid Robert Maulkin the fum of one hundred pounds, as by the faid warrant he the faid Robert Maulkin was commanded, and in fo doing they the faid defendants did neceffarily and unavoidably make a little noife and disturbance in the faid dwelling-houfe, &c. making and continuing fuch little noife and difturbance therein, and for the faid time in the faid first Count mentioned did neceffarily and unavoidably disturb and difquiet the faid plaintiff in the peaceable and quiet poffeffion, ufe, occupation, and enjoyment of the faid dwelling-houfe, &c. doing as little damage as they poffibly could on that occafion, which are the fame, &c. whereof, &c.; and this, &c; wherefore, &c. Plea. City of Glou cefter is an an cient city. mon over bridge and causeway. JONES against BROTHERTON. DECLARATION for diftraining, taking, and feizing cattle. Plea, ft, Not Guilty: And for further plea as to the feizing, taking, and diftraining the faid cattle in the faid declaration mentioned by him the faid John Brotherton above fuppofed to have been done by the faid John, by leave, &c. (actio non); because he fays, that the city of Gloucester is, and from time whereof the memory of man is not to the contrary, hath been an ancient town and city, and that the burgeffes of the faid town and city Burgeffes of the now are, and from time whereof, &c. have been a body politic town body cor- and corporate in deed, fact, and name, and have at divers times porate and po- been called and known by various names, that is to fay, by the litic. names of the burgefles of G. and alfo by the name of the mayor and burgeffes of the city of Gloucefter and county of the city of At the west end G.: And the faid John further fays, that at the west end of the of the town is faid town or city there now is, and alfo from time whereof, &c. a bridge and hath been an ancient bridge over the river Severn, and there now causeways. are, and from time whereof, &c. have been divers ancient caufeways leading into, through, and out of the faid city or town, in, through, and over which faid bridge and caufeways there is, and from time whereof, &c. hath been the king's common highway A king's com- leading from Hereford to London for all liege fubjects of this highway realm to go, pafs, and repafs with his and their cattle, carts, and carriages, every year and at all times of the year at his and their free will and pleafure: And the faid John further fays, that the Body corporate faid body corporate, from time whereof, &c. have repaired and ought to repair amended, and have been used and accustomed to repair and amend, the bridge; and still of right ought to repair and amend the faid bridge and causeways when and as often as occafion hath required, and in confideration thereof the faid body corporate, for and during all the time aforefaid, have had and taken, and have been ufed and for which they accustomed to have and take, and ftill of right ought to have and ought to take take a certain reasonable toll or duty for all horned cattle, to zoll; wit, the fum of one farthing for every horned beaft driven, going, and paffing over the faid bridge and caufeway in their way through the faid town and city (except the cattle of the burgefes of the faid town and city, and other perfons legally exempt from the payment of the said toll or duty), and when and as often as the faid toll or duty has upon requeft been refufed to be paid, the faid body for which they corporate, for and during all the time aforefaid, from time whereof, may difìrain. &c. have diftrained, and have been ufed and accustomed to diftrain, and ftill of right ought to diftrain fuch cattle for which fuch toll That plaintiff or duty has been refused to be paid: And the faid John further driving fays, that the faid David, at the faid feveral times when, &c. in cattle over the the faid declaration mentioned (the faid David not then being a bridge, and burgess of the faid town or city, or a perfon exempt from the payment of the faid toll or duty), was driving the faid horned was ought to have paid toll. cattle cattle mentioned in the faid declaration along and upon the faid BUTLER AND OTHERS) at the fuit of MASON. difirefs for rent thirty moved. AND the faid defendants, by A. B• Plea of justifitheir attorney, come and defend the cation, entering force and injury, when, &c. and fay, plaintiff's dwel that they are not guilty of the trespass in manner and form as the ling house and faid plaintiff hath above complained against them; and of this taking good, they put themselves upon the country, &c.; And for further plea within as to the breaking and entering the house in the firft Count of the days after they faid declaration mentioned, and as to the breaking and entering had been frauthe house in the second Count of the faid declaration mentioned, dulently and him the faid William in the quiet ufe and occupation of the said house disturbing and hindering him, and a noife and disturbance therein making for the time in the second Count mentioned, and as to the breaking and entering the house in the last Count of the faid declaration mentioned, and taking the goods and chattels in the last Count of the faid declaration mentioned in the faid house being, above fuppofed to have been committed by the faid defendants, they by leave of, &c. fay (actio non); because they fay, that the faid houfe in the firft Count of the faid declaration mentioned and the said house in the second Count of the faid declaration mentioned, and the faid house in the last Count of the said declaration mentioned, before the first time when, &c. and at the faid several times when, &c. were one and the fame house, and not divers or different, and that the breaking and entering of the faid house in the firft, fecond, and laft Counts of the faid declaration mentioned was one and the fame breaking and entering, and not divers or different, and that the faid W. L. long before the time when, &c. held and enjoyed a certain mefluage or dwellinghoufe, with the appurtenances, fituate and being in, &c. as tenant thereof to him the faid Jonas, under a demife thereof to him theretofore made, at the yearly rent of pounds, payable to the faid Jonas quarterly, to wit, at the feafts of, &c. by even and equal portions, and held and enjoyed the fame under the faid demife as tenant thereof to the faid Jonas under the faid demife, form |