aforefaid, with other inhabitants of the faid parish, at the faid
time when, &c. the fane being feasonable and convenient times
for that purpose, did perambulate the faid parifh, to view and re-
mark the limits and boundaries thereof, and did go and pafs in,
through, and over the faid clofes in the faid declaration mentioned,
in making the faid perambulations in the ufual and accustomed
way there, as it was lawfui for them to do for the cause aforefaid,
and in fo doing, they of neceffity trod down and confumed a little
of the grafs there then growing in the faid clofes in which, &c.
and because the faid gates, &c. in the faid declaration mentioned,
at the faid times when, &c. were erected in the faid clofe in
which, &c. in fuch manner, that they the faid defendants, in
perambulating the boundaries of the faid parish as aforefaid, could
not walk into, through, and over the faid clofes in which, &c.
in the ufual and accuftomed way there as had before been usually
done, without a little breaking and pulling down the fame, they
at the faid times when, &c. neceffarily with spades, &c. a little
pulled and broke down the gates, &c. for the purpose aforefaid,
and the bricks, &c. thereof coming took and carried away at a
little distance, and left the fame there for the use of the faid
plaintiff, and in fo doing neceffarily and unavoidably cut, made,
and dug a few holes and pits in the faid closes, in the faid declara-
tion mentioned, doing as little damage on that occafion as they
poffibly could, which are the fame, &c.; whereof, &c.; and
this, &c.; wherefore, &c.
F. BULLER.

affign

And the faid plaintiff, as to the faid plea of the faid defendants Replication. by them fecondly above pleaded in bar as to the breaking, &c. above committed by the faid defendants (precludi nan); becaufe New he fays, that the faid defendants, at the faid time when, &c. of ment. their own wrong, entered, &c. as the faid plaintiff hath above complained against them; without this, that within the said parish of C. there is, and from time whereof, &c. hath been a certain ancient custom there ufed and approved of, that the inhabitants of the faid parish for the time being, at their respective wills and pleasures at convenient and feasonable times, have perambulated the faid parish of C. to view and remark the boundaries and limits thereof, and in their faid perambulation have for all the time aforefaid been used and accustomed to go into and through the faid clofe in which, &c. in the faid declaration mentioned for the better and more true and better reviewing and remarking the boundaries of the faid parifh as they the faid defendants have in their faid plea fecondly above pleaded in bar in that behalf alledged; and this, &c.; wherefore, &c.: And the faid plaintiff further New fays, that he the faid plaintiff fued out his original writ, and ment. brought his faid action against them the faid defendants, as well for the faid trefpafs by them in their faid plea fecondly above pleaded in bar acknowledged to have been done, as for that they the faid defendants at other times, and on other occafions than in that plea mentioned, and out of the faid fuppofed way in that Y 2 plea

affign.

Plea to declaration in trespass. ift, not guilty.

plea mentioned, broke and entered the faid clofes in the faid declaration mentioned, and with their feet, &c. as the faid plaintiff hath above thereof complained against them, which are other and different trefpafles from the faid trefpafles by them the said defendants in their faid plea by them laftly above pleaded in bar acknowledged to have been committed; and this, &c.; wherefore inafmuch as they the faid defendants have not answered to the faid trefpaffes above newly affigned, he the faid plaintiff prays judgment and his damages, by reafon of the committing thereof, to be adjudged to him.

F. BULLER.

Issue on traverse, and son culp. to new affignment.

HARCOURT
at fuit of
SIMS.

AND the faid J. by A. B. his attorney, comes and defends the wrong and injury when, &c. and fays, that he is not guilty of the trefpafs aforefaid above laid to his charge in manner and form as the faid H. S. hath above thereof complained against him, and of this he puts himself upon the country, &c.; and the faid H. S. doth 2d. plea as to the like, &c.: And for further plea in this behalf as to, &c. breaking and above fuppofed to have been committed by the faid J. he the faid entering the dwelling-houfe J. fays, (actio non); because he faith, that the faid dwelling

and

defendant as fer

premifes, houfe, &c. in the faid declaration mentioned, long before and at that they be the faid time when, &c. were, and ftill are the dwelling-house, longed to one &c. foil and freehold of one fir H. T. baronet, to wit, at, &c. A. B. and that for which reafon he the faid J. as the fervant of the faid fir H. T. vant of A. B. and by his command, on, &c. being the time when, &c. broke and by his com. and entered the dwelling-houfe, &c. in the faid declaration menmand entered tioned, as being the dwelling-houfe, &c. foil and freehold of the upon the pre- faid fir H. T. and there ftaid, &c. &c. and because the faid H. S.

was then and there wrongfully and injuriously in the poffeffion and occupation of the faid dwelling-houfe, without the confent and against the will of the faid fir H. T. he the faid J. did on that occafion a little difturb, &c. as of the dwelling-houfe and freehold of the faid fir H. T. and ejected, &c. &c. as he lawfully might for the caufe aforefaid, which are, &c. whereof the faid H. S. hath above complained against him the fatid J. and this, &c.; 3d. plea, that wherefore, &c.; if, &c.: And for further plea in this behalf as A. B. being feifed of the to the breaking, &c. above fuppofed to have been committed by premifes demif- the faid J. he the faid J. by like leave of, &c. (actio nen); because ed fame to he faith, that the faid fir H. T. long before and at the faid time plaintiff under a when, &c. at, &c. was feifed, and itill is felfed in his demefne yearly rent, and that there being as of fee of and in the faid dwelling houfe, &c. in the faid detlarent due and ration mentioned, and in which, &c. and being fo feifed thereof, plaintiff having he the faid H. S. immediately from and after the feast of St. Mideferted the pre-chael the Archangel, A. D. 1768, until and at the feast of St. mifes to that no Michael the Archangel, A. D. 1769, and from thence until and made, A. B. made complaint to two juftices of the peace, who thereupon viewed the premifes, did then and there fix on the premifes a notice that they would make a fecond view on a certain day which they did, and plaintiff not appearing to pay the rent, and there being nothing to d train, the juftices put A. B inte poff.ffion, whereupon defendant as fervant of A. B, entered.

diftrefs could be

and

1

at

at the faid time when, &c. enjoyed the faid dwelling-house, &c. in which, &c. with the appurtenances, by virtue of and under a certain demife thereof, before then made by the faid fir H. T. to the faid H. S. at and under a certain yearly rack rent of, &c. payable from the faid H. S. to the faid fir H. T. at the feasts of, &c. by even and equal portions; and the faid H. S. during all that time held the fame of the faid fir H. T. as his tenant thereof, by virtue of the faid demife under the rack rent aforefaid payable `as aforefaid; and the faid H. S. being fo poffeffed of the faid demifed premises by virtue of and under the faid demite as aforefaid, pounds for one year of the faid term ended on the feast of, &c. on that day became due and owing from the faid H. S. to the faid fir H. T. and from thence until and at the time when, &c. remained and continued, and ftill doth remain and continue in arrear and wholly unpaid to the faid fir H. T. and the faid one year's rack rent of the faid demifed premifes being fo due and in arrear and unpaid from the faid H. S. to the faid fir H. T. he the faid H. S. after the faid one year's rack rent was fo due, owing, in arrear, and unpaid as aforefaid, and before the time that the fame fo was, and remained and continued in arrear and unpaid as aforefaid, and before the eleventh day of, &c. deferted the faid demifed premifes, in which, &c.and left the fame uncultivated and unoccupied, fo as no fufficient diftrefs could be thereon made to countervail the faid arrears of rent, whereupon the faid fir H. T. afterwards and before the time when, &c. to wit, on, &c. according to the form of the ftatute in fuch cafe made and provided, made complaint unto T. B. efq. and E. L. clerk, then and ftill being two of the juftices of our lord the now king, affigned to keep the peace in and for the faid county &c. and alfo to hear and determine divers felonies, trefpaffes, and other mifdeeds committed in the faid county; and they the faid T. B. and E. L. then and there not having, nor either of them having any intereft in the faid demifed premifes, or any part of the premiles aforefaid, and then and there requefted the faid juftices perfonally to go upon and view the faid demifed premifes for the purpofe of acquainting themfelves with the truth of the faid complaint, and to affix on the most notorious part of the faid premifes a notice in writing under their hands and feals that they the faid justices would at a proper time therein to be mentioned return and take a second view thereof, and to execute the ftatute in fuch cafe made and provided, in order to put the faid fir H. T. into the poffeffion of the faid demifed premifes: And the faid J. further faith, that in confequence of the faid complaint of the faid fir H. T. and in compliance with his requeft, the faid T. B. and E. L. fo being fuch juftices of the peace as aforefaid, did afterwards and before the time when, &c. to wit, on, &c. perfonally go upon and view the said demifed premifes, with the appurtenances, for the purpose aforefaid, and then and there upon fuch view thereof found the faid complaint of the faid fir H. T. to be true; and the faid T. B. and E. L. the juftices aforefaid having fo taken a view (a) And under legal procefs, before juftices of the peace, to enter vacant house.

pounds of the faid yearly rent of

of the faid premises as aforefaid for the purpofe aforefaid, and found the faid complaint of the faid fir H. T. to be true as aforefaid, did then and there affix on the most notorious part of the faid premises, to wit, on the door of the said dwelling-house a certain notice in writing under their hands and feals, thereby fignifying that they the faid juftices would on, &c. return and take a fecond view thereof: And the faid J. further faith, that they the faid juftices did afterwards and before the faid time when, &c. to wit, on, &c. according to the form of the ftatute in such case made and provided, and in conformity to the faid notice, return, come upon, and take a fecond view of the premifes aforesaid, and then and there upon their own view did find that the said H. S. did not appear, nor did any perfon or perfons in his behalf appear and pay the faid rent fo then in arrear, and that there was no fufficient diftrefs upon the premifes aforefaid, nor upon any part thereof to countervail the faid arrears of rent, and thereupon the faid juftices did then and there, according to the form of the ftatute in fuch cafe made and provided, put the faid fir H. T. into the poffeffion of the faid demifed premifes, and thereby the faid demife fo made to the faid H. S. of the faid premifes in which, &c. then and there became from thence utterly void, and thereupon the faid J. afterwards, to wit, on, &c. being the time when, &c. as the fervant of the faid fir H. T, and by his command at, &c. entered the faid dwelling-houfe, &c. in which, &c. and there ftaid, &c. as being the freehold of the faid for H. T. and made a noife, &c. &c. as he lawfully might for the cause 4th plea, jufti aforefaid, which are, &c. whereof, &c; wherefore, &c.: And fying under a for further plea in this behalf as to the faid fuppofed, &c. to demife for feven have been committed by the faid J. he the faid J. by like leave of, lour of demife &c. fays (aclio non); becaufe he faith, that the faid fir H. T. to plaintiff for long before and at the time when, &c. was, and ftill is felfed in life.

years, giving co

his demefne as of fee of and in the faid dwelling-house in the faid declaration mentioned, and in which, &c. and being fo thereof feifed, he the faid fir H. T. afterwards and before the faid time when, &c. to wit, on, &c. demifed the faid dwelling-houfe, &c. in the faid declaration mentioned, in which, &c. to the faid J. to have and to hold the fame unto the faid J. from the feast of, &c. then laft paft, for and during the full end and term of seven years from thence next enfuing, and fully to be complete and ended; by virtue of which faid demife he the faid John afterwards and before the time when, &c. to wit, on, &c. entered into the faid dwelling houfe, &c. in which, &c. with the appur tenances, and was thereof poffeffed for the faid term fo to him thereof demifed as aforefaid, and being fo thereof poffeffed, the faid H. S. claiming title to the faid premises in which, &c. with the appurtenances, under colour of a certain charter of demife pretended by the faid H. S. to have been made by the faid fir H. T. to the faid H. S. for the term of the natural life of the faid H. S. before the making of the faid demife to the faid J. whereas nothing whatsoever of the faid dwelling-house, &c. in which, &c.

or

or of any part thereof, by that charter ever paffed into the pof-
feffion of the faid H. S. afterwards, and before the faid time when,
&c. to wit, of, &c. of his own wrong entered into the faid
dwelling-houfe, &c. in which, &c. and thereby became wrong-
fully thereof poffeffed, upon whofe poffeffion thereof the faid J.
afterwards, to wit, on, &c. being the time when, &c. into the
faid dwelling-houfe, &c. in which, &c. in and upon the poffel-
fion of the faid H. S. thereof reentered as into the meffuage,
&c. of him the faid J. and there ftaid, &c. as being, &c. and
ejected, &c. as being, &c. as he lawfully might for the cause
aforefaid, which are, &c.; whereof, &c.; and this, &c.;
wherefore, &c.
W. DAVY.

claration mentioned, that de

there was not a

year's rent due

SIMS And the faid H. as to the faid plea of the faid J. Replication as against by him fecondly above pleaded in bar as to the to the breaking, HARCOURT. breaking and entering the faid dwelling-house, &c. &c. &c. in dein the faid declaration mentioned, and in which, &c. and there ftaying and continuing for the faid time in the faid declaration in fendant de injuthat behalf, mentioned, and making a noife and disturbance in the ria, c. faid dwelling-house, and disturbing and difquieting the faid Henry Replication to in the poffeffion and occupation thereof, and ejecting, putting 3d. plea. that out, expelling, and amoving the faid Henry from the poffeffion and occupation of the dwelling-houfe, &c. aforefaid, and keeping and that defend and continuing the faid Henry fo thereout expelled, &c. from the ant de injuria, poffeffion and occupation of the faid dwelling-houfe, &c. for the &c. faid time in the faid declaration in that behalf mentioned, and treading down, and confuming and spoiling the grafs and corn in the faid clofes lately growing with his feet in walking, and eating up, treading down, confuming, and fpoiling the faid other grafs and corn there alfo lately growing, with the faid cattle in the faid declaration mentioned, and with ploughs, and with the wheels of carts, waggons, and other carriages, ploughing up, turning up, fubverting, and fpoiling the foil of the faid feveral clofes, and fowing the faid foil with corn and grain, and erecting, planting, and fetting up the faid hedges and fences in the faid declaration. mentioned in and upon the faid clofes, and keeping and continuing them fo erected, planted, and fet up for the faid time in the faid declaration in that behalf mentioned in and upon the faid clofes, and thereby and therewith in clofing and fhutting up the faid feveral clofes, and putting, laying, placing, and spreading the faid dung, manure, and compoft in the faid declaration mentioned in and upon the faid clofes, and mowing, reaping, and cutting down the faid grafs there lately growing in the faid closes, and taking and carrying away the fame above committed by the faid John, fays, that he the faid H. S. by any thing by the faid John in his faid fecond plea above alledged ought not to be barred from having his aforefaid action maintained against him, because he faith, that true it is that the faid dwelling-houfe, &c. in the faid declaration mentioned, long before and at the time when, &c, were, and ftill are the dwelling-houfe of the faid fir

Y 4

H.T.