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heirs the faid laft-mentioned premises, with the appurtenances, to hold the same to the said R. H. his heirs and assigns for ever, as by the said indenture, reference being thereunto had, may more fully appear; by virtue of which faid lait-mentioned indenture, and by force of the statute made for transferring uses into possession, the

said R. H. became and was seised of the said last-mentioned preAnd being so mises, with the appurtenances, in his demelne as of fee; and befeised of

ing so seised of the whole of the said vaccary called Leigh, with all whole vaccary the liberties, franchises, free warrens, and appurtenances, fo given R. H. died;

and granted by the said lord the king James by his faid letters patent, bearing date, &c. in the twentieth year of his reign aforesaid to the faid E. B. and W. W. their heirs and assigns for ever,

the faid R. H. afterwards, and before the said several times when, after whicfedeath &c. to wit, on, &c. at, &c. in, &c. died fo feised, aster whose it defcended to death the said vaccary called Leigh, with all the said liberties, franhis son T. H.

chiles, free warrens, and aspurienances, descended and came to one T. H. as fun and heir of the said R. H. by means whereof the faid T. H. became and was seiled thereof in his demesne as of fee; and being so fcited thereof the said T. H. afterwards, and before

the faid several times when, &c. to wit, on, &c. at, &c. in, &c. whohecame seil- died so feised thereof, after whose death the said vaccary called ed and died, af, Leigh, with all the said liberties, &c. descended and came to the it defcended to faid R. H. the grandfather of the now plaintiff, as fon and heir of R. H. luis fon, the said T. H. by means whereof the said R. H. the grandfather the grandfather became and was teised thereof in his demesne as of fee ; and being of the plaintiff'; so leited thereof he the said R. H. the grandfather afterwards, and whobecame feil. before the said several times when, &c. to wit, on, &c. at, &c. when it dein, &c. died fo leised, after whose death the said vaccary called L. fcended to N H. with all the said liberties, &c. defcended and came to one N. H. as his fon; wio fon and heir of the said R. H. the grandfather; by means whereof

seised the faid N. H. became and was feiled in his demesne as of fee; and and died, when it descended to

being fo feised thereof the said N. H. afterwards, and before the plaintift his for; said leveral times when, &c. to wit, on, &c. at, &c, in, &c. died

fo feited, after whose death the said vaccary called L. with all the

faid liberties, &c. descended and came to the said R. H. the now who became and plaintiff, as ion and heir of the said N. H.; by means whereof the was at the fuld said R. H the now plaintiff afterwards, and before the said sevetime when, &c; ral times when, &c. became and was feised thereof in his demesne feated an ice, and being

as of fee : And the said R. H. the now plaintiff further says, that lune forteres in he being fu leised thereof he the said R. H. the now plaintiff, at the faid vaccary, the said leveral times when, &c. in the laid declaration in that behalf and hurted and respectively mentioned, did hunt for hares in the faid vaccary called pursued them L. with certain hunting dogs and bitches, whereof the said dogs out of it to the faid places in

and bitches in the said declaration respectively mentioned were which, &c. till parcel, to wit, at, &c in, &c. and that being so hunting in the defendant for faid vaccary the laid dous and bitches did then and there find and ilic dog», c. put up within the laid vaccary a certain hare then and there being,

and did then and there hurit, pursue, and chase the fuid hare in cer. tain parts and places in the said vaccary lying near unto the said feveral places in which, &c. and the taiú dous and bitches so hunt

became

did

1

DEMURRER TO REPLICATION-DECLARATION.

79

ing and pursuing the said bare, the faid hare then and there run out
of the faid vaccary into the said places in which, &c. and the faid
dogs and bitches in their faid pursuit did pursue and follow the said
hare out of the said vaccary, and did enter into and hunt and chase
the faid hare in the said several places in which, &c. at the said
several times when, &c. until the faid defendant did then and there
with force and arms, &c. of his own wrong shoot off and dis-
charge the said respective guns in the laid declaration mentioned,
at, and towards, and against the said dogs and bitches therein
mentioned, whilft they were fo chafing and hunting the faid hare
there, and did then and there strike and wound the faid respective
dogs and bitches in the said declaration mentioned, in manner and
form as the said R. H. the now plaintiff, hath above thereof
complained against him, and the said R. H. the now plaintiff,
avers that the said hare in the said plea secondiy above pleaded in Avers that the

hare in the plea bar, and in this replication above mentioned are one and the fame

and replication hare, and not other or different, and this, &c. ; wherefore, &c.; if mentioned &c.

SAMUEL HAYWOOD.

arc

the same.

to the

not

has Thown

For that the faid plaintiff hath not by his faid replication set Causes of deforth any lawful or sufficient cause for chafing or pursuing the said murrer hare with the said dogs and bitches, or any of them in the said laft replication. forest, and out of the said warren of the said plaintiff there; and I

good also for that the said replication is argumentative and informal

cause for chating in this, that the said plaintiff hath not confesled and avoided, or the hare in the traversed, or denied the facts alledged in the said lait plea ; that foreit. the faid dogs and bitches at the said time when, &c. were in the ad has not tra. forest of W. and that they were then chasing a hare belonging to verled that fact,

but attempted our faid the king and to his said forcfc there, but hath only actempted to deny those facts by argument and inference, and for deny it by that the said replication contains no direct or sufficient answer to

3d that replicathe said last plea of the said defendant, and is in other respects in- tion is not formai and insufficient.

A. CHAMORE. direct answer to

the last pka. Plaintiff obtained a verdict.

inference,

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2

Peace

KENT, to wit. George Peake Declaration for against complains against Jonathan White destroying WHITMASH, ESQUIRE. math, esquire, being, &c. for that booth and feizthe faid Jonathan, on the sixteenth of September 1779, with force ing goods, &c. and arms broke and entered a certain booth of the laid George erected, standing, and being in the parish of Loose, in the faid county of Kent, and broke down, proitrated, and deltroyed the faid booth, and the goods and chattels, to wit, one box containing two notes of the Governor and Company of the Bank of England of the value of ten pounds each, and caih in gold, silver, and copper to the amount of forty pounds, four butts of strong beer, six cags of brandy, containing five gallons each, fix cags of geneva, containing five gallons cach, fix cags of

rum,

rum, containing five gallons each, and ten dozen bottles of wine of the said George of the value of one hundred pounds in his faid booth, then being and found, seized, took, carried away, damaged and spoiled, and converted and disposed thereof to his own ufe; and also for that the said Jonathan afterwards on, &c. at, &c. with force and arms, other goods and chattels, to wit, one other box, containing two other notes of the Bank of England of the value of ten pounds each, and other cash of gold, silver, and copper to the amount of ten pounds, four other buts of strong beer, six other cags of brandy, containing five gallons each, fix other cags of geneva, containing five gallons each, fix other cags of rum, containing five gallons each, and other ten dozen bottles of wine of the said George of the value of cne hundred pounds, then and there being, and found, seized, took, carried away, damaged, and spoiled, and converted and disposed thereof to his own use, and other wrongs to the said George then and there did to the great damage of the said George, and against the peace of our lord the present king, whereupon the said George faith he is injured and hath damages to the value of two hundred pounds; and therefore he brings fuit, &c.

Pledges, &c. Plea,

And the said Jonathan, by John Berry his attorney, comes and general ifrue.

defends the wrongs and injuries when, &c. and says he is not guilty of the premises above laid to his charge, in manner and form as the said George hath above thereof complained against

him, and of this he puts himself upon the country, &c. and the zd Plea. said George doth the like: And for further plea in this behalf as

to the breaking and entering the said booth, and breaking down, throwing down, prostrating, and destroying the same, and the goods and chattels in the said first Count of the faid declaration mentioned seizing, taking, carrying away, damaging, and spoiling, and also as to the seizing, taking, carrying away, damaging, and spoiling the goods and chattels in the said second Count of the said declaration mentioned above supposed to have been done by the said Jonathan, he the said Jonathan by leave, &c. actio non ; because he says, that the goods and chattels in the faid first Count of the said declaration mentioned, and the said

goods and chattles in the said second Count of the said declaration the broth men mentioned, are one and the same goods and chattels, and not other zioned in decla- or different, that is to say, at the parish aforesaid, in the said ratior, was erec-county; and the said Jonathan further says, that the said place tudun Coxheath. where the said booth in the said declaration mentioned at the said Coxheach with time when, &c. was erected, standing, and being, was part of in the manor of a certain heath or common called Coxheath, situate and being L

in the said parish aforesaid, which part of the said heath or common whereon the said booth was erected at the said time when; &c. was, and from time whereof the memory of man is not to the contrary hath been parcel of and within the manor of Loose, in the said county, and which laid manor before and at the laid time when, &c. was and Itill is the soil and freehold of the dean and

chapter

and

as

same

chapter of Christ Church in Canterbury, and because the said George had a little before the said time when, &c. without the

because leave and against the will and content of the said dean and chapter, gainst the will of

plaintiff had, a. erected and placed the faid booth in and upon the said part of the the dean and said waste or common, and because the same booth at the said chapter, erected time when, &c. was wrongfully and injuriously erected, ftand- the booth, and

brought the ing, and being in and upon the said part of the said waste or com

goods, mon, and because the faid George had a little before the said time when, &c. without the leave or licence, and against the will and consent of the said dean and chapter, brought and placed the faid goods and chattels in the faid declaration mentioned in the faid booth, and the same were at the said time when, &c. wrongfully and injuriously thereon, he the said John, at the faid time when, &c. as servant of the faid dean and chapter, and by their command, en-defendant, tered the said booth, and pulled down the faine, and removed and car- their servant, ried the materials thereof coming, and the goods and chat-down,

, tels in the said declaration mentioned to a convenient diftance from the place where the said booth and goods and chattels were, and laid and deposited the fame in proper and convenient places near to the said place where the said booths stood, and there left the same for the use of the said George as he lawfully mighc for the cause aforesaid, and in so doing the said John did nccefli. rily and unavoidably a little damage the foil, and destroy the fame materials, goods, and chattels, doing as little damage as he posibly could on that occalion, which are the same breaking and entering, &c. whereof, &c.; and this, &c.; wherefore, &c.: And for further 3d Pleas plea in this behalf as to the breaking and entering, &c. by like leave, &c. (aria non); because that the goods and chattels in the said first Count of the said declaration mentioned, and the said goods and chattels in the said second Count of the laid declaration mentioned, are one and the fame goods and chattels, and not other or different, that is to say, at the parih aforeluid; and that before and at the

faid time when, &c. a certain army of our faid lord the king confisting of divers, to wit, twelve thousand foldiers and fubje&s of The king's army our laid lord the king, was by the authority and command of our

was encamp.d

on Coxheath, laid lord'the king duly encamped in and upon a certain common or heach called Coxheath, in the county of Kent, part of such common or heach situate and being within the said parish of Loosi, in the faid county of Kent, under and fubject to the command of Richard Pierlon, esquire, the general and commander thereof, as well in order that the faid army might be duly trained to arms, exercised, and disciplined, as for the safeguard and defence of this realın againt the enemies of Great Britain: And the said John further

Plaintiff erected fays, that after the said army had been so encamped as aforesaid, and

the booth withduring the time that it remained there encamped as aforesaid, to in the enc. mp. wit, on the day and year in the fard declaration mentioned, he the inent as a fuse said George erected and built, and caused and procured to he ting booth. erected and built the faid booth in the said declaration mentioned, in and upon part of the said common or heath in the parish of Loose aforesaid, and within the limits of the said encampinent, and then VOL. IX. G

and

and there opened the said booth as a futtling booth for the sale of victuals and liquors to the soldiers of the said army, and kept and continued, and caused to be kept and continued open the said booth

there as a suttling booth as aforesaid, until and at the said time That riots, &c. when, &c. : And the said John further says, that a little before the happened in the faid time when, &c. to wit, on the day and year aforesaid, great booth.

affrays, riots, disorders, and disturbances had happened, been made, and stirred up by and between certain foldiers of the faidarmy, by reason of their frequenting and coming together at the said booth, and certain other booths and huts then and there also erected, standing, and being on the said common, and within the limits of the said encampment, and by reason of certain disorderly courses and practices permitted by the said George to be carried on and followed by such soldiers in faid booth of the said George, and more affrays, riots, disorders, and disturbances of the fame nature were likely to ensue, unless the said booth of the said George, and the faid other booths were pulled down and removed, to the great annoyance of the said army, to the subversion of good order, disci

pline, and government therein, and in breach and violation of the Whereupon the peace of our lord the king, whereupon the said John, at the said defendant was time when, &c. as servant of the said Richard Pierson to them ordered by the then being the governor and commander of the faid army as afore general to pull faid, and by his command at the said time when, &c. in order to it down,

restore and preserve the peace, good government, discipline, and subordination of the said army, necessarily at the faid time when, &c. broke down, threw down, and prostated the said booth of the said George, and the materials thereof coming, and the said goods and chattels then being and found in the said booth, took, carried away, and removed to a convenient place near to the faid booth in the parish aforesaid, and there left the same for the use of the said George as he lawfully might for the cause aforesaid, and in fo doing he the said John, at the said time when, &c. did necessarily and unavoidably a little damage and spoil the said booth, goods, and chattels, doing as little damage as he possibly could on the occasion last aforesaid, which are the same breaking and entering, &c. whereof, &c.; and this, &c.; wherefore, &c. And for further plea in this behalf as to the breaking, &c. by fike leave, &c. actio non ; because he says, that the said goods and chattels in the said firft Count of the said declaration mentioned, and the faid goods and chattels in the said second Count of the faid declaration mentioned, are the same goods and chattels and not other or different, that is to say, at the parish aforesaid : And the said John fur

ther says, that before and at the said time when, &c. a certain army Army encamp- of our said lord the king consisting of divers, to wit, twelve thou

sand soldiers and subjects of our faid lord the king, was by the authority and command of our faid lord the king duly encamped in and upon a certain common or heath called Coxheath, in the said county of Kent, part of such common or heath being situate in the parish of Loose, in the said

county of Kent, under and fubject to the command of Richard Pierson, esquire, the general and com.

mander

4th Plea

ed.

3

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