adjoining to a which he ought Replication, that And the faid John, as to the faid plea of the faid Thomas by plaintiff is pof- him secondly above pleaded in bar as to the trespass in the introducfeffed of a close tion to that plea mentioned and above done by the faid Thomas, road near to de- fays, that notwithstanding any thing in that plea above alledged he fendant's clofe, the faid John ought not to be barred from having and maintaining and that the his aforefaid action thereof against the faid Thomas; because be hedges of de- the faid John fays, that though true it is that the faid fow and pigs fendant's clofe in the faid firft Count of the faid declaration mentioned, and the to keep in re- faid fow and pigs in the faid last Count of the faid declaration menpair were not fo, tioned were the fame fow and pigs, and that the feizing, taking, and that as plain having, driving away, keeping, and detaining thereof in the faid tiff was driving firft Count mentioned and the faid feizing, &c. in the faid last his pigs into his Count mentioned are the fame feizing, &c. the faid fow and pigs of them efcaped at the faid time when, &c. in the faid firft Count mentioned, and through the bad- the faid time when, &c. in the faid fecond Count, are one and the nefs of the fame, as in the faid fecond plea is alledged; yet the said John furhedges into the ther fays, that he the faid John, long before and at the time when, own field fome defendant's glofe, &c. was and fill is lawfully poffeffed of and in a certain close or piece of land called the Seventeen Acres, fituate, lying, and being in the parish and county aforefaid, and contiguous and adjoining to a certain clofe of the faid Thomas in the faid fecond plea mentioned, and alfo in part contiguous and adjoining to a certain road then leading from a certain meffuage in the poffeffion of the faid John, by and along a certain other part of the faid clofe of the faid Thomas unto and into the faid close of the said John; and that the faid Thomas and all other the tenants and occupiers of the faid clofe of him the faid Thomas for the time being, from time whereof the memory of man is not to the contrary, until the omiffion and default thereof hereinafter mentioned, have maintained and repaired, and have been used and accustomed to maintain and repair, and the faid Thomas ftill of right ought to maintain and repair the hedges and fences between that part of his close which fo lies contiguous to the aforefaid land and the faid road when and as often as need and occafion hath required, to prevent cattle paffing in and along the faid road to and from the faid close of the faid John from going and escaping from and out of the said road into the faid clofe of him the faid Thomas and doing damage there; And the faid John further faith, that being fo poffeffed of his faid clofe called the Seventeen Acres as aforefaid, he the faid John, juft before the faid time when, &c. was driving his faid fow and pigs in the faid declaration mentioned from his aforefaid messuage through and along the faid road to the faid clofe of him the faid John, in order to put the fame there to feed and depafture, as he lawfully might; and because the faid hedges and fences between that part of the faid clofe of the faid Thomas which fo lies contiguous to the faid road as aforefaid, and the said road before and at the faid time when, &c. were ruinous, broken down, proftrated, and in great decay, for want of needful and neceffary maintaining, repairing, and amending thereof, the faid fow and pigs as the fame were fo going and paffing along the faid road to the faid close of him the the faid John, againft the will of the faid John, erred and efcaped from and out of the faid road into the faid close of the faid Thomas through the defects and defaults of the faid hedges and fences, between that part of the faid clofe of the faid Thomas which fo adjoins to the faid road as aforefaid and the faid road, and on that occafion were in the faid clofe of the faid Thomas until the faid Thomas, at the faid time when, &c. of his own wrong, feized, took, led, and drove away the faid fow and pigs of the faid John, and impounded the fame, and kept and detained the fame fo impounded for the said space of time in the faid declaration mentioned, and until the faid John was forced and obliged to pay, and did pay the faid fum of money in the faid declaration mentioned to have the fame redeemed and restored to him in manner and form as the faid John hath above thereof against the said Thomas; and this, &c.; wherefore inasmuch as the faid Thomas hath above acknowledged the faid trefpafs in form aforefaid done, the faid John prays judgment and his damages, by him sustained on occafion of the committing the fame, to be adjudged to him, &c. V. LAWES. the the And as to the faid plea of the faid John by him above pleaded Rejoinder, pre in reply to the faid plea by the faid Thomas by him fecondly testing that de fendant ought to above pleaded in bar as to the trefpafs in the introduction repair; for reto that plea mentioned, the faid Thomas fays, that the faid joinder, defendJohn, notwithstanding any thing in that replication alledged, ant fays ought to be barred from having and maintaining his aforefaid fences were in action thereof against him the faid Thomas, because he the good repair, and faid Thomas fays, that although true it is that the faid John long for want of be that the pigs, before and at the faid time when, &c. was, and ftill is lawfully ing yoked, got poffeffed of and in the faid clofe or piece of land called the Seven- through. teen Acres, fituate, lying, and being in the parish and county hedges. aforefaid, and contiguous and adjoining to a certain part of the clofe of the faid Thomas in the faid fecond plea mentioned, and alfo in part contiguous and adjoining to a certain road leading from the faid meffuage in the poffeffion of the faid John by and along a certain other part of the faid clofe of the faid Thomas unto and into the faid clofe of the faid John in manner and form as the faid John hath in his replication alledged; yet protesting that the faid Thomas, and all other the tenants and occupiers of the said close of him the faid Thomas for the time being, from time whereof the memory of man is not to the contrary, have not maintained and repaired, nor have been ufed and accustomed to repair and maintain; protefting alfo that the faid Thornas ought not fill of right to maintain and repair the hedges and fences between that part of his clofe which fo lies contiguous to the aforesaid road, and the faid road when and as often as need or occafion hath required, as the faid John hath in his faid replication alledged; nevertheless for a rejoinder in this behalf the said Thomas fays, that the faid hedges and fences between that part of the faid clofe which fo lies contiguous to the aforefaid road, and the faid road Surrejoinder, not in good re road at the faid time when, &c. were in good and fufficient re- And as to the faid plea of the faid Thomas by him above protesting that pleaded by way of rejoinder to the faid plea of the faid John by the hedges were him above pleaded by way of reply to the faid plea of the faid pair, and that Thomas by him fecondly above pleaded in bar as to the trefpafs the pigs got in in the introduction of that plea mentioned, he the faid John fays through the de- precludi non; because protesting that the faid hedges and fences feas of the between that part of the faid close of the faid Thomas which fo fences. lies contiguous to the road in the faid replication mentioned, and the faid road at the faid time when, &c. were not in good and fufficient repair, nor did the faid fow and pigs in the faid declaration mentioned at the faid time when, &c. wrongfully break down the faid hedges and fences between the faid part of the faid clofe of the faid Thomas which fo lies contiguous to the aforefaid road and the faid road, or through fuch breaches in the hedges and fences wrongfully break and enter into the faid clofe in which, &c. nor there wrongfully and injuriously eat up, tread down, or depafture the barley and grafs of the faid Thomas as in the faid rejoinder is alledged; for furrejoinder in this behalf he the faid John fays as before, that the faid fow and pigs in the faid declaration mentioned, at the faid time when, &c. erred and escaped from and out of the faid road into the faid close of the faid Thomas through the defects and defaults of the faid hedges and fences between that part of the said close of the faid Thomas which fo adjoins to the faid road, and the faid road in manner and form as the faid John hath in his faid replication-above alledged; and this he he the faid John prays may be enquired of by the country; and the faid Thomas doth the like, &c. Therefore as well to try this iffue as the faid other iffue above Iffue joined between the faid parties, let a jury thereupon come before our faid lord the king at Westminster on, &c. next after, &c. by whom, &c. and who neither, &c. to recognize, &c. because as well, &c. the fame day is given to the faid parties there, &c. V. LAWES. Michaelmas Term, 26. Geo. III. and SURRY, to wit. G. T. complains of G. J. being, &c; for Declaration for that he the faid defendant heretofore, to wit, on, &c. at, &c. in, gathering plumbs, &c. with force and arms, &c. plucked, pulled, and gathered a converting, & certain large quantity of plumbs of the faid plaintiff there then growing, to wit, twenty bufhels, and being of a large value,' to wit, of the value of ten pounds of lawful money of Great Britain, and took and carried away the fame, and converted and disposed thereof to his own ufe: And alfo for that he the faid defendant heretofore, to wit, on, &c. at, &c. in, &c. with force and arms, &c. feized and took the goods and chattels, to wit, twenty other bufhels of plumbs of the faid plaintiff there then found and being of a large value, to wit, of the value of other ten pounds of like lawful money, and carried away the fame, and converted and difpofed thereof to his own ufe, and other wrongs to the faid plaintiff then and there did, against the peace of our lord the now king, and to the damage of the faid plaintiff of twenty pounds; and therefore he brings his fuit, &c. V. LAWES. MIDDLESEX, to wit. W. C. complains of G. M. being, Declaration for &c.; for that the faid defendant heretofore, to wit, on, &c. at, fhooting a dog. &c. with force and arms, fhot, killed, and destroyed a certain dog of the faid plaintiff there then found and being of a large price or value, to wit, of the price or value of twenty pounds, and other wrongs then and there did, &c. Damages, &c. Suit, &c. V. LAWES. the and on R. K. KENT, to wit. For that whereas the faid L. on, &c. Declaration for againft with force and arms, made an affault on the faid R. at affaulting L. M. the parish of H. in the faid county of K. and then and plaintiff, there beat, bruifed, wounded, and ill treated him, and with the throwing down his fall, hands and fifts of him the faid L. then and there gave and truck which were dithe faid R. divers and very many grievous and heavy blows and vers cakes, per ftrokes, and then and there forcibly, wilfully, and malicioully quod fome wese threw down, pushed down, and overfet a certain ftand, ftall, or loft and others table of the faid R. then and there ftanding, being, and placed, on broke. which faid ftall, ftand, or table were then and there put, placed, ftanding, and expofed to fale divers goods and chattels of the faid R. part thereof standing and being on the faid ftand, ftall, or table, the refidue thereof in certain baskets ftanding and being on the faid ftand, ftall, or table, to wit, twenty loaves of bread, &c. &c. of the faid Robert of great value, to wit, of the value of thirty pounds, and thereby threw down the faid goods and chattels of the faid Robert, by reason whereof the faid R. wholly loft the faid bafkets, and the faid other goods and chattels of the faid Robert standing and being on the said stand, stall, or table, were then and there broken to pieces, crufhed, damaged, spoiled, dirtied, and destroyed, and thereby became and were of no ufe or value to the faid R. and the faid R. was then and there hindered and prevented from felling and expofing to fale the faid goods and chattels, and was wholly deprived and loft great gains and profits which he otherwife might, could, and would have obtained and gotten to himself from the felling thereof, to wit, at, &c. And alfo for that, &c. [common aflault]: And alfo for that the faid L. afterwards, to wit, on, &c. with force and arms, at, &c. feized, took, damaged, deftroyed, and fpoiled other the goods and chattels of the faid R. to wit, twenty other, &c. of the faid R. of the value of other thirty pounds, there then found and being, and other wrongs and injuries to the faid R. there did, to the great damage of the faid R. and against the peace of our lord the now king; whereupon the faid R. faith that he is injured, and hath fuftained damage to the value of one hundred pounds; and therefore he brings his fuit. Drawn by MR. CROMPTON. Declaration for DEVONSHIRE, to wit. B. late of, &c. was attached to beating, wound- answer A. in a plea; wherefore with force and arms at, &c. in, ing, and killing &c. a certain gelding of the faid A. of the value of forty pounds the plaintiff's there found, he the faid B. beat, bruifed, wounded, and ill gelding, in C.B. treated, fo that the faid gelding of the faid A. languished of the faid bruifes, cuts, and wounds for a long time, and the faid A. was obliged to lay out and expend, and did lay out and expend a large fum of money in and about the endeavouring to cure the faid gelding during that time, and the faid gelding afterwards, by means of the faid cuts, bruises, and wounds, died: And alfo wherefore with force and arms, at, &c. a certain other gelding of the faid A. of the value of other forty pounds, there then found, he the faid B. beat, bruifed, wounded, and killed, and other wrongs to the said A. did, to the great damage of the faid A. and to the great damage of our fovereign lord the king; and thereupon the faid A. by A. B. his attorney, complains, that the faid B. on, &c. at, &c. in, &c. with force and arms, a certain other gelding of the faid A. of the value of forty pounds of, &c. then and there found and being, beat, wounded, and ill treated, so that the faid gelding of the faid A. for a long space of time, to wit, for |