3d. plea. to H. T. to wit, at, &c. as the faid John hath in his faid fecond 4th plea, tenant above pleaded and fet forth, and the matters therein contained, are not fufficient in law to bar the faid Henry from having and maintaining his aforefaid action thereof against the faid John; protesting alfo, that forty-fix pounds of the faid yearly rack rent of forty-fix pounds for one year of the faid term, ending on the feaft day of, &c. was not at the time when, &c. in arrear and unpaid to the faid fir H. T. in manner and form as the faid John hath above in his faid third plea in that behalf alledged; nevertheless for replication in this behalf the faid Henry faith, that he the faid John, at the said time when, &c. of his own wrong, and without the refidue of the caufe by the faid John in the faid third plea in that behalf above alledged, broke and entered, &c. &c. to wit, at, &c. in manner and form as the faid Henry hath above thereof complained against him the faid John; and this he the faid Henry prays may be enquired of by the country; and the faid John doth the like, &c. And the faid Henry, as to the faid plea of the faid John by him laftly above pleaded in bar as to the breaking, &c. at will, and de [as in fecond replication] above committed by the faid John (pre- injuria, &c. cludi non); because he faith, that true it is that the faid fir H. T. at the faid time when, &c. at, &c. was, and still is feifed in his demefne as of fee of and in the faid dwelling-houfe, &c. in the faid declaration mentioned, and in which, &c. in manner and form as the faid John hath in his faid laft plea in that behalf above alledged; protesting nevertheless that the faid fir H. T. did not demife the faid dwelling-houfe, &c. in the faid declaration mentioned, and in which, &c. to the faid John in manner and form as the faid John hath in his faid laft plea in that behalf above alledged; yet for replication in this behalf the faid H. faith, that the faid fir H. T. whilft he was so feised thereof, and before the faid time when, &c. and alfo before the making of any demife of the faid dwelling-houfe, &c. in the faid declaration mentioned, and in which, &c. or of any or either of them to the faid John, to wit, on, &c. at, &c. demised the faid dwelling-houfe, with the appurtenances, in which, &c. to the faid Henry, to hold the fame unto the faid Henry from thenceforth for and during and unto the full end and term of one year from thence next enfuing and fully to be complete and ended, and fo from year to year for fo long time as the faid Henry and fir H. T. should pleafe; by virtue of which faid demife he the faid H. afterwards, and before the faid time when, &c. to wit, on, &c. entered into the faid dwelling-houfe, &c. in which, &c. with the appurtenances, and was, and from thence until and at the faid time when, &c. continued fo thereof poffeffed under and by virtue of the demife aforefaid; and the faid Henry being fo thercof poffeffed as aforefaid, he the faid John, at the faid time when, &c. of his own wrong, and without the refidue of the caufe by the faid John in his faid laft plea in that behalf above alledged, broke and entered, &c. &c. to wit, at, &c. in manner and form as the faid H. hath above thereof complained against him; and this, &c. ; wherefore inafmuch as the faid John hath above acknowledged the trefpafs aforefaid above done, he the faid H. prays demife, ing ended, A.B H. prays judgment and his damages, on occafion of the trefpafs Rejoinder, that And the faid John, as to the faid plea of the faid Henry by him A. B. did not above pleaded by way of reply to the faid plea of the faid John by him fecondly above pleaded in bar as to, &c. &c. &c. above fuppofed to have been committed by the faid John, fays, that the faid fir H. T. did not demife to the faid H. the faid dwelling-boufe, &c. in which, &c. in manner and form as the faid H. hath in his faid replication in that behalf alledged; and of this the faid John puts Ed Rejoinder, himfelf upon the country; and the faid Henry doth the like: And that the demife the faid John, as to the faid plea of the faid Henry above pleaded to plaintiff be- by way of reply to the faid plea of the faid John by him fourthly above pleaded in bar as to, &c. above supposed to have been commifes to defend mitted by the faid John, fays, that the demife in that replication mentioned to have been made by the faid fir H.T. to the faid Henry, before the first time when, &c. to wit, on, &c. was duly ended and determined, to wit, at, &c.; and thereupon the faid fir H. T. after the end and determination of that demife, and before the first time when, &c. to wit, on, &c. demifed the faid dwelling-house, &c. in which, &c. to the faid John in manner and form as the faid John hath above in his faid laft plea in bar alledged; and this, &c.; wherefore, &c. if, &c. W. DAVY. demifed the pre ant Surrejoinder, mifes to deferd And the faid Henry, as to the faid plea of the faid John by him protesting that above pleaded by way of rejoinder to the faid plea of the faid Henry A. B. did not above pleaded by way of reply to the faid plea of the said John demife the pre- fourthly above pleaded in bar as to, &c. &c. above committed by the faid John, fays, that he faid Henry, by any thing in the faid the demife to plea of the faid John fo pleaded by way of rejoinder, ought not to plaintiff was not be barred from having and maintaining his aforefaid action thereof ended,and issue against the faid John; because protesting that the said plea fo ant, and that pleaded by way of rejoinder, and the matters therein contained, WITHOUT HUDSON against HASELDEN. WITHOUT PROCESS. DECLARATION for an affault and falfe im prisonment. ried her to the her. And the faid John Hafelden, by John Gotabed his attorney, Plea, that plain comes and defends the force and injury, when, &c. and fays, that tiff had felonihe is not guilty of the premises above laid to his charge in manner ouflyftolen fome and form as the faid Orindie hath above thereof complained against fome goods diffeathers, part of him; and of this he the faid John Hafelden puts himself upon the trained by decountry, &c. And the faid John Hafelden, for further plea in fendant for rert, this behalf as to the making of the faid affault upon her the faid and it being late Orindie, and imprifoning her, and keeping and detaining her at night he carin prison as in the firft Count of the faid declaration men- watchhoufe till tioned, and above fuppofed to have been committed by the faid morning, when John Hafelden, he the faid John Hafelden, by leave, &c. fays, he was carried that the faid Orindie (actio non); because he fays, that he the before a justice, who discharged faid John Hafelden, a little before the faid time when, &c. to wit, on the ninth of April 1787, had lawfully taken and diftrained certain goods and chattels which were found and being in a certain room, part and parcel of a certain meffuage or dwellinghoufe fituate and being in the parish of Saint Clement Danes, in the faid county of Middlefex, which faid room, with the appurtenances, one William Good held of the faid John Hafelden, as his tenant thereof at and under a certain yearly rent for certain arrears of the faid rent then due and owing from the faid William Good to the faid J. H. to wit, for the fum of four pounds and five fhillings due and in arrear aforefaid, and part of the fame goods and chattels so taken and diftrained as aforefaid remained and continued fo diftrained as aforefaid until and at the faid time when, &c. and because the faid Orindie, a little before the faid time when, &c. had with force and arms feloniously taken and carried away divers large quantities of feathers of great value, to wit, of the value of twenty fhillings, part and parcel of the faid goods and chattels in the faid room as aforefaid, and fo diftrained as aforefaid, and at the faid time when, &c. was taking and carrying away the fame from and out of the faid meffuage or dwellinghoufe, wherefore he the faid J. H. at the faid time when, &c. gently laid his hands upon her the faid O. and being late at night carried her the faid O. to the watchhoufe of the parish of Saint C. D. aforefaid, in the faid county of Middlefex, to be there lodged, detained, and imprisoned until the morning, in order to be carried and conveyed before one or more of his majefty's juftices affigned to keep the peace in and for the faid county of Middlefex, and alfo to hear and determine divers trefpaffes, felonies, and other misdemeanors committed within the faid county, to be there dealt with according to law, and was then and there kept, detained, and im prisoned 10 defendant, (as before.) prifoned until the morning, the fame being a reasonable time for that purpofe, and was thereupon carried and conveyed before fir Robert Taylor, knight, and certain other perfons unknown to the faid J. H. his majefty's juftices affigned to keep the peace in and for the faid county of Middlefex, and alfo to hear and determine divers felonies, trefpafies, and other mifdemeanors committed within the faid county, to be examined and interrogated touching and concerning the felony aforefaid, and to be dealt with according to law, as it was lawful for him to do for the cause aforefaid; and the faid Orindie was for this reafon before the faid juftices examined and interrogated by the faid juftices touching and concerning the faid felony, and remained under fuch examination a reasonable time, until the faid Orindie was in due courfe of law difcharged and fet at liberty, which is the fame affaulting the faid Orindie in the firft Count of the faid declaration mentioned, and imprifoning and detaining her as therein mentioned, whereof complained againft him the faid John Hafelden; and this, &c.; ed Plea, that wherefore, &c.: And as to the making the faid affault upon the defendant had faid Orindie, and imprifoning her, and keeping and detaining her Stolen fome fea in prifon, as in the faid firft Court of the faid declaration menthers belonging tioned, above fuppofed to have been done by the faid J. Hafelden, wherefore, &c. he the faid John Hafelden, by like leave, &c. fays, that the faid Orindie (actio non); because he fays, that the faid Orindre, a little before the faid time when, &c. had, with force and arms, felonioufly taken and carried away divers large quantities of feathers of great value, to wit, of the value of twenty fhillings of and belonging to the faid John Hafelden, and at the faid time when, &c. was taking and carrying the fame, wherefore the faid John, at the faid time when, &c. gently laid his hands upon her the faid Crindie, and being late at night kept, detained, and imprifoned her until the morning, in order to carry and convey her before one or more of his majefty's juftices affigned to keep the peace in and for the faid county, and alfo to hear and determine divers trefpaffes, felonies, and other misdemeanors committed within the faid county, to be there dealt with according to law, and then and there kept, detained, and imprisoned the faid O. until the morning, the fame being a reasonable time for that purpofe, and the faid Orindie was thereupon carried and conveyed before fir Robert Taylor, knight, and other perfons to the faid John Hafelden unknown, his majefty's juftices affigned to keep the peace in and for the faid county of Middlefex, and alfo to hear and determine divers felonies, trefpafies, and other mifdemeanors committed within the faid county, to be examined and interrogated touching and concerning the felony last aforefaid, and to be dealt with according to law, as it was lawful for him to do for the caufe laft aforefaid, and the faid O. was thereupon before the faid juftices by the faid juftices interrogated and examined touching and concerning the faid telony, and remained under fuch examination a reasonable time, until the faid Orindie was in due course of law gifcharged and fet at liberty, which is the fame affault the faid Orindię |