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a large value, to wit, of the value of five pounds, there then found and being in the said ship or vessel, and carried away the same, and converted and disposed thereof to his the said Thomas's own use. [Add another Count for seizing two anchors generally), and other wrongs to the said Joseph then and there did, against the peace of our lord the king, and to the damage of the laid plaintiff of twenty pounds; and therefore he brings his suit.

V. LAWES.

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YORKSHIRE, to wit. John Clarke complains of Thomas Declaration for Lifter and Thomas Atkinson; for that the said T. L. and T. A. entering on, &c. and on divers other days and times between that day and the making a noise

in the house of day of the exhibiting this bill, with force and arms broke and

plaintiff, and tered the dwelling-house of the said John, situate, standing, and taking his gods being at, &c. and then and there made a great noise and disturbance away. therein, and greatly disturbed the said John in the quiet and peaceable enjoyment thereof, and staid and continued in the said dwellinghouse, making and continuing such noise and disturbance therein for a long space of time, to wit, for the space of four days then next following, and then and there seized, took, and carried away the goods and chattels of said plaintiff, to wit, &c. of faid plaintiff, then and there being of the value of fifty pounds, and converted and disposed thereof to their own use. (2d Count, seizing goods, and converting, and other wrongs, &c.] Damages one hundred pounds. Suii, & . Pledges, &c,

ist, Not guilty of the premises: And for further plea in this behalf Plea, that one asto, &c. (actio non); because they say, that the said T. A before the defendant, and said time when the said supposed trespass in the introductory part of the other in aid, this plea mentioned was committed, to wit, in Trinity term, in the unde: wrivof fri twenty-fixth year, &c. in the court of our lordthe now king before the facias on a judg. king himself, the faid court then and still being at, &c. by the con- ment recovered fideration of the same court recovered against one W. H. thirty, in affumplit, five pounds, which in and by the said court was then and there adjudged to the faid T. A. for his damages which he had sustained, as well by reason of the not performing of certain promises and undertakinga then lately made by said W. H. to said T. A. as for his costs and charges by him about his suit in that behalf expended, whereof faid W. H. was convicted, as by the record and proceedings thereof ftill remaining in the said court here more fully appears : And the said T. L. and T. A. in fact further say, that after the aforesaid recovery, and before the said time when, &c. to wit, on, &c. he the faid T. A. for having execution of and for the damages aforesaid sued and prosecuted out of the said court of our laid lord the king before the king himself, a certain writ of our faid lord the king called a fieri facias, directed to the lheriff of the said county of York, by which said writ our faid lord the king commanded the laid iberiff that he lould cause to be levied of the goods and chattels of the said W. H. in his bailiwick the said pounds, which in the said court of our said lord the king, before the king E 3

himself,

himself, were awarded to the said T. A. for his damages aforesaid; and that the said sheriff should have that money before our lord the king at Westminster on, &c. to render to the faid T. A. for his said damages, whereof the said W. H. was convicted, and that the said sheriff should have there that writ; which said writ afterwards, and before the said return thereof, and also before the faid time when, &c. to wit, on, &c. at, &c. was delivered by the said T. A. to R. L. esquire, who then and from thenceforth until at and after the said time when, &c. was theriff of the said county of York to be executed in due form of law; by virtue of which said writ he laid R. L. esquire, so being sheriff of the county of Y. as aforesaid, afterwards and before the return of the said writ, and also before the said time when, &c. to wit, on, &c. last aforesaid, for having execution of his said writ made his warrant in writing, sealed with the seal of his office of theriff, and then and there directed the said warrant to the said J. L. he the said J. L. then and there being one of the bailiffs of the said sheriff, and by the said warrant then and there commanded him said J. L. as such bailiff as aforesaid, that of the goods and chattels of the said W. H. in his the said sheriff's bailiwick, he should cause to be made the said

pounds so recovered by the said T. A. as aforesaid, and in the aforesaid writ mentioned, so that he the said sheriff might have that money ready and before our faid lord the king on the said, &c. in the said writ mentioned, to render to the faid T. A. for his damages aforesaid, according to the exigency of the said writ, which faid warrant, to wit, on, &c. last aforesaid, at, &c. was delivered to the said J. L. as such bailiff of the said sheriff as aforesaid, to be executed in due form of law: And faid defendants in fact fay, that before and at the said time when, &c, divers goods and chattels of the said W. H. liable to be taken in execution by the said sheriff, under and by virtue of the said writ, were in the said dwelling-house in the faid declaration mentioned, and in which, &c.; and that thereupon by virtue of said warrant to the said J. L. on the said warrant as aforesaid, and in order to have execution thereof, the said J. L. as such bailiff as aforelaid, and the said T. A. in his aid and aflistance, and by his command, afterwards and before the return of the said writ, to wit, at the said time when, &c. peaceably and quietly entered into the faid dwelling-house in the said declaration mentioned, and in which, &c. by the outer door thereof, (the same being then and there open) to seize and take in execution the said goods and chattels of the said W. H. so therein being as aforesaid, under and by virtue of the aforesaid warrant, as it was lawful for them to do for the cause aforesaid, and in so doing they the said T. L. and T. A. did neceffarily and unavoidably make a little noise and disturbance in the said house, and did alto for the purpose aforesaid necessarily and unavoidably stay and continue in the faid house, making and continuing such noise and disturbance for the said tiine in the said declaration in that respect mentioned, and did during that time, by means of the premises, a little disturb and disquiet the said John

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AND UNDER LEGAL Process.-REPLICATION_REJOINDER. 55 in the quiet and peaceable possession thereof, doing as little damage as they poflibly could on that occasion, which are the same trespass in the introdu&tory part of this plea mentioned, whereof the said John bath above complained against them; and this, &c.; wherefore, &c. if, &c.

W. FIELDING. And the said John, as to the said plea of the said 'defendants by Replication. them lastly above pleaded in bar, as to, &c. precludi non ; because protesting that the said judgment was not recovered, and that the faid writ called a fieri facias was not sued, or prosecuted, or delivered for execution, and that the said warrant was not thereupon made and delivered for execution in nianner and form as in that plea is above alledged; nevertheless the said John, for replication in this behalf, fays, that after the faid breaking and entering the faid dwelling-house in the said declaration mentioned, and whilst they said defendants staid and continued therein as in the said declaration mentioned, to wit, at the said several times when, &c. they the said defendants seized, took, and carried away of the goods and chattels of the said John of the value of forty thillings, then being therein; and this, &c.; wherefore since that the said defendants have above acknowledged the committing of the said trespasses by them by their said plea attempted to be justified, he the said John prays judgment and his damages, by occasion of the committing of thole trespasses, to be adjudged to him, &c.

G. S. HOLROYD.

And as to the faid plea of the faid plaintiff by him above plead- Rejoinder. ed, by way of reply to the said plea of the said defendants by them Jaftly above pleaded in bar as to, &c. (actio non); because they say, that they tbe laid defendants did not, whilst they the faid defendant's staid and continued in the said dwelling-house in the said declaration mentioned, seize, take, and carry away of the goods and chattels of the said plaintiff the said bed in the said declaration mentioned, in manner and form as he the said plaintiff hath above in his said replication in that behalf alledged; and of this they puç themselves upon the country, &c.

On the first view of the replication in merely the property of the plaiptiff in the this case, i was inclined to think it de execution, viz. a bed, the property of murrable, and the case of Scott v. Dick. the plaintiff, which if true, Thews that son is itsongly in favour of that idea, but the defendant's have abused that licence then upon adverting to that case, it ap which the law gave them, in order to pears that the Court did not solemnly de. execute the fieri facias, and therefore the cide it, but adjourned the question, it is law will intend that they originally enter. not therefore a complete authority, and ed the house, not for the purpose of seiz. on more mature confideration on the sub. ing the goods of the defendant in that je&, and referring to the ancient autho writ, but to commit a trespass upon the rities, I am induced to think the replica. property of plaintiff, and therefore they cion a good one, the object of it is to are looked upon as trespaffers from the make the defendant's trespassers ab initio, beginning, by the seizure of something more than

Y. LAWIS.

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Declaration for HAMPSHIRE, to wit. Be it remembered, that in Hilary taking and im- term last past, before our faid lord the king at Westminster came pounding plain. John Blandy, by A. B. his attorney, and brought into the faid riff's pigs

court of our faid lord the king then there his bill against Thomas Grist, being in the custody of, &c. of a plea of trespass, and there are pledges for the prosecution, to wit, John Doe and Richard Roe, which said bill follows in these words, to wit, Hampshire, to wit: John Blandy complains of Thomas Grist, being, &c.; for that he the said Thomas heretofore, on, &c. at, &c, in, &c. with force and arms took and drove away the low and pigs, to wit, one low and fourteen pigs of the said John then and there found, and being of a large price and value, to wit, of the price and value of ten pounds, and then and there impounded, and caused and procured the same to be impounded, and to be kept and detained so there impounded for a long time, to wit, for the space of twenty-four hours then next following, and until the said John was forced and obliged to pay, and did then and there pay

a large sum of money, to wit, the sum of eighteen Chillings and 10 Count. threepence, to have the same redeemed and restored to him: And

also for that he the said Thomas afterwards, to wit, on, &c, aty &c. with force and arms seized, took, and drove away other the low and pigs, to wit, one other the fow and fourteen other the pigs of the said John there then found, and being of a large price, &c. and kept and detained the same for a long time, to wit, for the space of twelve hours then next following, and other wrongs to the faid John then and there did, against the peace of our lord the now king, and to the damage of the said John of fifty pounds; and therefore he brings his suit, &c.

V. LAWES,

Plea; irt, not And now at this day, that is to say, on Friday next after the guilty, morrow of the Holy Trinity in this same term, until which day

the said Thomas had leave to imparle to the said bill, and then and there to answer the same, &c. as well the faid Joon, by his attor ney, and the said Thomas, by C. D. his attorney, do come before our lord the king at Wcitminster, and the said Thomas defends the wrong and injury, when, &c. and fays, that he is not guilty of the trespasses above laid to his charge, in manner and forın as the said John hath above thereof complained against him;

and of this he the said Thomas puts himself upon the country; and ed Plea, that the said John doth the like: And for further plea in this behalf as plaintiff, poffer to the seizing, taking, having, and driving away the said low and Ied of a close, pigs in the first Count of this declaration mentioned, and im, and that the pigs pounding the fame, and causing and procuring the same to be cating up the impounded, and to be kept and detained fu impounded for the grars, doing da- said space of time in the said first Count in the said declaramage, where- ration mentioned, and until the said John was forced and obligdore defendants ed to pay, and did pay a large sum of money, to wit, the faid feized them as a sum of money in the laid first Count of the faid declaration men

tioned, to have the same redeemed and reitored to him; and also as to the seizing, taking, and driving away the said low and pigs in the last Count of the faid declaration mentioned, and keeping

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and detaining the same for the said space of time in the said last Count of the said declaration mentioned, and by the said Thomas above fupposed to bave been done, he the said T. by leave of the court here for this purpose first had and obtained, according to the form of,&c. says,(aštio non); because he says, that the said low and pigs in the said first Count of the faid declaration mentioned, and the faid sow and pigs in the said last Count of the said declaration mentioned, are the same low and pigs, and not other or different sow and pigs, and that the seizing, taking, having, and driving away the faid low and pigs in the said first Count of the faid declaration mena tioned, and keeping and detaining the same in the faid first Count of the said declaration mentioned, and the said seizing, taking, and driving away the said low and pigs in the last Count of the said declaration mentioned, and keeping and detaining the same in that Count mentioned, are the same feizing, taking, driving away, keeping, and detaining the said sow and pigs in the faid declaration mentioned; and that the said time when, &c. in the said first Count of the said declaration mentioned, and the said time when, &c. in the said Jast Count of, &c. are one and the same time and not other and different times : And the said Thomas further says, that he the said Thomas, before and at the said time when, &c. was and still is lawfully possessed of a certain close called Stonege field, situate, lying, and being in the said parish of, &c. in, &c. and being so thereof poffefied, and because the said low and pigs in the faid declaration mentioned at the said time when, &c. were in the laid close of the said Thomas called Stoneye field, eating up, freading down, and depafturing the barley and grass of the said Thomas there then growing and being in the said close of the said Thomas, doing dainage there to the said Thomas, he the said Thomas, at the faid time when, &c. seized and took the said pigs in the laid declaration mentioned, so being in the said close called Stonege field, and doing damage there to the said Thomas as aforesaid, for and in the name of a distress for that damage, and gently led and drove away the said low and pigs in the said declaration mentioned, as he lawfully might, out of the said clofe of him the said Thomas to a certain common open pound in the parish aforesaid, in the county aforelaid, and there impounded the fame, and caused and procured the fame to be impounded and be kept and detained so there impounded as such distress for the faid damage for the laid space of time in the said declaration mentioned, and until the said John did pay a ceriain large sum of money, to wit, the sum of eighteen ibillings and threepence, in the said declarasion dientioned, as a satisfaction for the damages so done to the faid Thomas as aforesaid, and in order to have the said low and pigs in the said declaration mentioned redeemed and restored to the iad John as aforesaid, which are the said several trespasses in the introduction to this plea mentioned, and whereof the laid John bath above complained against the said Thomas ; and this, &c.; Herefore, &c, if, &c,

J. LE MESURIER.

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