tom, de injuria,

in order and rotation, according to the cuftom, and that the faid
fheep of the faid John in the faid declaration mentioned at the said
several times when, &c. were there in the said shift of the faid
open field which then lay fallow for the purpose of feeding, depaf-
turing, and ufing the faid John's common of pafture there, toge-
ther with the sheep of the faid William in the faid plea mentioned,
and the sheep of the other freehold and cuftomary tenants of the
faid freehold and cuftomary tenements within the said manors and
parish, until the faid William, at the said several times when, &c.
of his own wrong chased and drove away the faid sheep of the said
John in the faid declaration mentioned (modo et forma) &c.; and
this, &c.; wherefore, &c.
S. LAWRENCE.

Trinity Terin, 29. Geo. III.

Rejoinder, pro- And the faid William, as to the faid plea of the faid John by reiting no fuch him above pleaded by way of reply to the faid plea of the faid Cormon or cuf- William by him laftly above pleaded in bar as to the chafing, &c. (actio non); becaufe protesting that from time whereof, &c. there were not nor ftill are divers, to wit, three manors called and known by the feveral names of B. C. and H. within the parish of B. aforefaid, and extending throughout the fame and co-extenfive therewith, as in the faid replication is above alledged; protefting alfo, that by the courfe and method of the tillage ufed within the faid manors and parish, from time whereof, &c. the faid open field in the faid replication mentioned has not during all the time aforefaid been, and at the faid time when, &c. was not, and of right ought not to have been, and still of right ought not to be divided into three fhifts, and tilled in fuch manner as that one of the faid fhifts fhould yearly and every year lie fallow as in the faid replication is alledged; protesting alío, that the said master, fellows, and fcholars of Trinity College were not nor are ftiil feifed in their demefne as of fee in right of the faid college of C. in the faid meffuage and lands in the faid replication mentioned, with the appurtenances, lying and being in the said open field within the faid manors and parih, and that the faid master, fellows, and scholars, and all thofe whofe eftate they now have, and at the faid time when, &c. bad of and in the faid meffuage and lands, with the appurtenances, from time whereof, &c. have not had and have not been used and accuftomed to have, and of right ought not to have had, and ftill of right ought not to have for themselves, their farmers and tenants, occupiers of the said meffuage and land, with the appurtenances, for the time being, in, through, and over the said shift of the faid open field, when the fame has lain fallow as aforefaid, their own lands therein only excepted, fuch common of pasture as in the faid replication in that behalf is alledged; for rejoinder nevertheless in this behalf the faid William fays, that the faid fheep of the faid John in the faid declaration mentioned, at the faid feveral times when, &c. were wrongfully and injuriously intermixed with and going amongst the faid fheep of the said William as in the faid plea of the faid William by him laftly above pleaded in bar alledged; without this, that

from

from time whereof, &c. [Traverfe of the cuftom of the fheep's feeding and folding together, &c.] in manner and form as in and by the faid replication of the faid John is in that behalf above alledged; and of this he puts himfelf upon the country, &c.

I have concluded this rejoinder to the country instead of a verification, to fave time, as both parties with to go to trial; if the other fide disapprove it, it must ftand as at first drawn, with a verifica

S. LE BLANC.

LICENCE IN LAW AND FACT.

and

were

water

ufe, and defend

AND the faid Edward, &c. General Iffue: And for further plea plea (to declarain this behalf as to the breaking and entering the faid clofe called tion for entering the Yard, in which, &c. in the faid firft Count of the faid decla- a yard, taking ration mentioned, and feizing, taking, and carrying away the faid water, quantities of water found and being in the faid trough, ciftern, or breaking open a refervoir) that refervoir in the faid firft Count of the faid declaration mentioned, plaintiff and de. and breaking open, wrenching open, forcing open, breaking to fendant pieces, and fpoiling the faid trough, ciftern, or refervoir, and poffeffed of an breaking to pieces the faid locks, lock boxes, hafps, and ftaples in adjoining yard the faid firft Count of the faid declaration mentioned, and by which to their houses in common, in the faid trough, ciftern, or refervoir was locked, shut, and fafwhich was a retened in the faid firft Count of the faid declaration mentioned; and fervoir for conalfo as to breaking and entering the faid clofe called the Yard, in talning which, &c. in the faid fecond Count of the faid declaration men- for their joint tioned, and interrupting and difturbing the faid plaintiffs in the ant broke the peaceable and quiet ufe, occupation, and enjoyment of the faid cover of it for last-mentioned close and as to and with hammers, axes, water, as he hatchets, and other inftruments, breaking open, wrenching open, lawfully might. forcing open, breaking to pieces, damaging, and spoiling the faid trough, cistern, or refervoir in the faid third Count of the faid declaration mentioned, and the cover thereto belonging, and the locks, lock boxes, ftaples, and hafps with and by which the fame was locked, fhut, and faftened; and alfo as to the feizing and taking the faid quantities of water in the faid laft Count of the faid declaration mentioned, and converting and difpofing thereof to his own ufe by the faid Edward above fuppofed to have been done, he the faid Edward, by leave, &c. (actio non); because he fays, that as well the faid yard and the faid trough, cistern, or refervoir in the faid first Count of the faid declaration mentioned, as the faid yard in the faid fecond Count of the faid declaration mentioned, and the trough, ciftern, or refervoir in the said third Count of the faid declaration are, and at the faid several times when, &c. were one and the fame yard and trough, ciftern, or refervoir, and not other or different, to wit, at Leeds aforefaid, in the said county, and that the faid quantities of water in the first and last Counts

Replication,

of the faid declaration mentioned are the fame and not other or
different, to wit, at, &c.; and because the faid Edward and the
faid plaintiffs, before and at the faid feveral times when, &c. were
poffefled of the faid clofe called the Yard, in which, &c. and of
the faid trough, ciftern, or refervoir, and of the water therein
contained, and from time to time found and being, and occupied
the fame together undivided as tenants in common thereof, he the
faid Edward, at the faid feveral times when, &c. broke and en-
tered the faid clofe called the Yard, in which, &c. and feized,
took, and carried away the faid quantities of water in the faid de-
claration mentioned, and found and being in the faid trough,
ciflern, or refervoir, as he lawfully might; and because the faid
cover in the faid declaration mentioned, and before the faid time
when, &c. was wrongfully and injurioufly erected, and was at the
faid feveral times locked, fhut, and faftened with the faid locks,
lock boxes, ftaples, hinges, and hafps in the faid declaration men-
tioned, in, over, and upon the faid trough, ciftern, or reservoir,
infomuch that the faid Edward by reafon thereof could not have,
ufe, and enjoy the ufe and benefit thereof, or of the water therein
contained, and found and being, without breaking open, wrench-
ing open, forcing open, and in a finall degree breaking to pieces,
damaging, and fpoiling the faid trough, ciftern, or refervoir in
the faid declaration mentioned, and the cover thereunto belong-
ing, and the faid lock, lock boxes, ftaples, hinges, and hafps
with and by which the fame was at thofe times locked, fhut, and
faftened, he the faid Edward, at thofe feveral times when, &c. for
the having, ufing, and enjoying of the use and benefit of the faid
trough, ciftern, or refervoir, and of the water therein contain-
ed, and found and being, neceffarily and unavoidably broke open,
wrenched open, forced open, and in a fmall degree broke to pieces,
damaged, and fpoiled the faid trough, cistern, or refervoir, and the
cover thereunto belonging, and the faid locks, &c. with and by
which the fame was at thofe times locked, &c. as he lawfully
might for the caufe aforefaid, doing as little damage on the occa-
fion aforesaid as he poffibly could, which are the fame, &c. where-
of, &c.; and this, &c.; wherefore, &c. [Another plea fame as
the fecond, only inferting that defendant, plaintiffs, and divers
other perfons whofe names are to the faid Edward unknown hold
the yard as tenants in common.]
W. LAMBE.

And the faid plaintiffs, as to the faid plea of the faid Edward traverfes that by him fecondly above pleaded in bar as to the breaking, &c. cittern was for (precludi non); because they say, that the faid Edward, at the said their joint ufe, feveral times when, &c. wrongfully broke and entered the faid and de injuria, clofe called the Yard, in which, &c. and interrupted and difturbed

the faid plaintiffs in the peaceable and quiet ufe, occupation, and enjoyment of the said close, and feized, took, and carried away the faid quantites of water in the faid declaration mentioned, and found and being in the faid trough, ciftern, or reservoir, and converted and difpofed thereof to his own ufe, and broke open, &c. the

faid trough, &c. and the corn thereto belonging in the faid declaration mentioned, and the said locks, &c. with and by which the fame was at thofe times locked, &c. (modo et forma); without this, that the faid Edward and the faid plaintiffs, before and at the faid feveral times when, &c. were poffeffed of the faid close called the Yard, in which, &c. and of the faid trough, &c. and of the water therein contained, and from time to time found and being, and occupied the fame together undivided as tenants in common thereof (modo et forma); and this, &c.; wherefore, &c. [A like replication to laft plea.]

Rejoinder, iffue on traverse.

WM. LAMBE.

This caufe was referred at the Summer Affizes 1789.

bythe command,

Plea ift, Not Guilty: And for further plea in this behalf the faid Plea (to a decladefendant, by leave of the court here for this purpose first had and ration in trespass obtained, according to the form of the ftatute in such case made for entering a and provided, fays, that the faid plaintiff ought not to have his faid hip and breaking open locks, action thereof maintained against him; because he fays, that the &c.) that the faid fhip or veffel in the faid first Count of the faid declaration ship belongs mentioned, the faid fhip or veffel in the faid fecond Count of the to one J. B. and faid declaration mentioned, the faid fhip or veffel in the faid third that defendant, Count of the faid declaration mentioned, and the said ship or veffel and as the ferin the faid laft Count of the faid declaration mentioned were and vant of A. B. are one and the fame fhip or veffel, and not divers or different fhips entered the ship or veffels, and that the faid lock in the faid first Count mentioned and broke the and the faid lock in the faid fecond Count mentioned were and are lock, &c. one and the fame lock, and not divers and different locks, and that one J. B. before and at the faid time when, &c. was and still is the owner and proprietor of the faid fhip or veffel in the faid declaration mentioned, and in which, &c. to wit, at, &c. in, &c. and that the faid James was then and there master of the said ship or veffel, and that he the faid James, as the fervant of the said J. B. and by his command at the said several times when, &c. broke and entered the said ship or veftel as being the fhip or veffel of the said J. B. and broke open, broke to pieces, knocked to pieces, and fpoiled the faid lock in the faid declaration mentioned, as being the lock of him the faid J. B. and put, placed, and laid, and caused and procured to be put, placed, and laid the faid quantities of clothes in the faid declaration mentioned in and on board the faid ship or vêffel, as being the faid fhip or veffel of the faid J. B. and kept and continued the fame there for the faid space of time in the faid declaration in that respect mentioned, and thereby then and there incumbered the faid fhip or veflel as being the ship or vessel of the faid J. B. and disturbed the faid James in the free use and enjoyment thereof, and alfo made fome little noife in and on board the faid fhip or veffel, as being the ship or vessel of the said J. B.

X 4

and

(a) Plea (to a

declaration for entering breaking clofes,:

and then and there difturbed the faid James and his fervants in the poffeffion, ufe, and enjoyment of the fame as he lawfully might do for the caufe aforefaid, which are the fame trefpaffes in the introductory part of this plea mentioned, whereof the faid James hath above complained against him the faid James; and this, &c.; wherefore, &c. if, &c.

HUNT
againft

V. LAWES.

AND the faid John and Elizabeth, by A. B. their attorney,

and WORSDELL AND ANOTHER.) come and defend the force and &c. taking away injury, when, &c. and as to all the trefpaffes in the faid declaration corn, &c.) poor mentioned, except as to the entering the faid clofes of the faid perfon glean, plaintiff in the faid firft Count of the faid declaration mentioned, &C. and with her feet in walking treading down, trampling upon, confuming, and spoiling the grafs there then growing and being, and feizing, taking, and carrying away the faid corn in the faid firft Count of the faid declaration mentioned; and alfo except as to entering the faid clofes of the faid Thomas in the faid laft Count of the faid declaration mentioned, and with her feet in walking treading down, &c. the faid grafs in the faid laft Count of the faid declaration mentioned by the faid Elizabeth above fuppofed to have been done, they the faid John and Elizabeth fay, that the the faid Elizabeth is not guilty thereof, in manner and form as the faid plaintiff hath above thereof in his faid declaration alledged; and of this they put themfelves upon the country, &c. : And as to the faid fuppofed trefpafs in the faid plea above particularly mentioned and excepted, the faid John and Elizabeth fay, that the faid plaintiff (actio non); because they fay, that the faid clofe in the faid first and fecond Counts of the faid declaration mentioned are, and at the faid feveral times when, &c. were the fame clofes and not other or different: And the faid John and Elizabeth further fay, that the faid clofes in which, &c. a little before the faid time when, &c. to wit, on the fame day and year in the faid declaration mentioned, had been fown with corn, to wit, with certain wheat, rye, &c. and that he the faid plaintiff, a little before the faid time when, &c. had reaped and cut down the crop growing in and upon the faid clofes in which, &c. from and out of the faid clofes in which, &c.; wherefore the faid Elizabeth being a poor, neceftous, and indigent perfon after the crop growing in the year aforefaid in and upon the faid clofe in which, &c. had been reaped, cut, and carried away by the faid plaintiff from and off the faid clofes in which, &c. at the faid times when, &c. entered into the faid clofes in which, &c to glean and gather the ears of corn remaining and being difperfed and scattered about, and in the faid clofes in which, &c. after the faid crop had been fo reaped, cut down, taken, and carried away as aforefajd, being the gleanings of the faid crop for the neceflary fupport of her the faid Elizabeth, and did on that occafion, and at the faid feveral times when, &c,

glean