heirs the faid laft-mentioned premifes, with the appurtenances to hold the fame to the faid R. H. his heirs and affigns for ever, as by the faid indenture, reference being thereunto had, may more fully appear; by virtue of which faid lait-mentioned indenture, and by force of the ftatute made for transferring ufes into poffeffion, the faid R. H. became and was feifed of the faid laft-mentioned preAnd being fo mifes, with the appurtenances, in his demefne as of fee; and befeifed of the ing fo feifed of the whole of the faid vaccary called Leigh, with all whole vaccary the liberties, franchifes, free warrens, and appurtenances, fo given

R. H. died;

his fen T. H.

and granted by the faid lord the king James by his faid letters patent, bearing date, &c. in the twentieth year of his reign aforefaid to the faid E. B. and W. W. their heirs and affigns for ever, the faid R. H. afterwards, and before the faid feveral times when, after whofe death &c. to wit, cn, &c. at, &c. in, &c. died fo feifed, after whofe it defcended to death the faid vaccary called Leigh, with all the faid liberties, franchifes, free warrens, and appurtenances, defcended and came to one T. H. as fon and heir of the faid R. H. by means whereof the faid T. H. became and was feiled thereof in his demefne as of fee; and being fo feiled thereof the faid T. H. afterwards, and before the faid feveral times when, &c. to wit, on, &c. at, &c. in, &c. whobecame feif- died fo feifed thereof, after whofe death the faid vaccary called Leigh, with all the faid liberties, &c. defcended and came to the ter whofe death faid R. H. the grandfather of the now plaintiff, as fon and heir of R. H. his for, the faid T. H. by means whereof the faid R. H. the grandfather the grandfather became and was feifed thereof in his demeine as of fee; and being of the plaintiff; fo feifed thereof he the faid R. H. the grandfather afterwards, and whobecame feif- before the faid feveral times when, &c. to wit, on, &c. at, &c. ed and died, de in, &c. died fo feifed, after whofe death the faid vaccary called L.

ed and died, af

it defcended to

when it

it deicended to

plaintiff his for;

feed in fee, and

fcended to N H. with all the faid liberties, &c. defcended and came to one N. H. as his fon; who fon and heir of the faid R. H. the grandfather; by means whereof became feifed the faid N. II. became and was feiled in his demefne as of fee; and and died, when being fo feifed thereof the faid N. H. afterwards, and before the faid feveral times when, &c. to wit, on, &c. at, &c. in, &c. died fo feiled, after whofe death the faid vaccary called L. with all the faid liberties, &c. defcended and came to the faid R. H. the now who became and plaintiff, as ton and heir of the faid N. H.; by means whereof the was at the faid faid R. H the now plaintiff afterwards, and before the faid fevetime when, & ral times when, &c. became and was feifed thereof in his demefne as of fee: And the faid R. H. the now plaintiff further fays, that being fo dd hunt for hares in he being fo feifed thercof he the faid R. H. the now plaintiff, at the faid vaccary, the faid feveral times when, &c. in the faid declaration in that behalf and hurted and refpectively mentioned, did hunt for hares in the faid vaccary called purfued them L. with certain hunting dogs and bitches, whereof the faid dogs out of it to the and bitches in the faid declaration respectively mentioned were which, &c. till parcel, to wit, at, &c. in, &c. and that being fo hunting in the defendant fhot faid vaccary the faid dogs and bitches did then and there find and the dogs, &c. put up within the faid vaccary a certain hare then and there being, and did then and there hunt, purfue, and chafe the faid hare in certain parts and places in the faid vaccary lying near unto the faid feveral places in which, &c. and the faid dogs and bitches fo hunt

faid places in

ing and pursuing the faid hare, the faid hare then and there run out of the faid vaccary into the faid places in which, &c. and the faid dogs and bitches in their faid purfuit did purfue and follow the faid hare out of the said vaccary, and did enter into and hunt and chase the faid hare in the faid feveral places in which, &c. at the said feveral times when, &c. until the faid defendant did then and there with force and arms, &c. of his own wrong fhoot off and difcharge the faid refpective guns in the faid declaration mentioned, at, and towards, and against the faid 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 faid declaration mentioned, in manner and form as the faid R. H. the now plaintiff, hath above thereof complained against him, and the faid R. H. the now plaintiff, avers that the said hare in the faid plea fecondly above pleaded in Avers that the bar, and in this replication above mentioned are one and the fame hare in the plea and replication hare, and not other or different, and this, &c.; wherefore, &c.; if mentioned SAMUEL HAYWOOD.

&c.

the fame.

fhewn

are

good

For that the faid plaintiff hath not by his faid replication fet Caufes of deforth any lawful or fufficient caufe for chafing or purfuing the faid murrer to the hare with the faid dogs and bitches, or any of them in the faid laft replication. foreft, and out of the faid warren of the faid plaintiff there; and t has not alfo for that the faid replication is argumentative and informal caufe for chafing in this, that the faid plaintiff hath not confefled and avoided, or the hare in the traverfed, or denied the facts alledged in the faid laft plea; that foreft. the faid dogs and bitches at the faid time when, &c. were in the 2d has not traforeft of W. and that they were then chafing a hare belonging to verfed that fact, our faid the king and to his faid foreft there, but hath only atbut attempted tempted to deny thofe facts by argument and inference, and for inference. to deny it by that the faid replication contains no direct or fufficient answer to the faid laft plea of the said defendant, and is in other refpects in- tion is not 3d that replicaformal and infufficient. A. CHAMERE.

a

direct answer to the last plea.

Plaintiff obtained a verdict.

PEAKE
against

a

KENT, to wit. George Peake Declaration for complains against Jonathan Whit- destroying WHITMASH, ESQUIRE. math, efquire, being, &c. for that booth and feizthe faid Jonathan, on the fixteenth of September 1779, with force ing goods, &c. and arms broke and entered a certain booth of the faid George erected, ftanding, and being in the parifh of Loofe, in the faid county of Kent, and broke down, proftrated, and destroyed 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 cash in gold, filver, and copper to the amount of forty pounds, four butts of ftrong beer, fix cags of brandy, containing five gallons each, fix cags of geneva, containing five gallons cach, fix cags of

rum,

Plea, inue.

2d Plea.

general

rum, containing five gallons each, and ten dozen bottles of wine of the faid George of the value of one hundred pounds in his faid booth, then being and found, feized, took, carried away, damaged and fpoiled, and converted and difpofed thereof to his own ufe; and alfo for that the faid 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 cafh of gold, filver, and copper to the amount of ten pounds, four other buts of strong beer, fix 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 faid George of the value of one hundred pounds, then and there being, and found, feized, took, carried away, damaged, and spoiled, and converted and difpofed thereof to his own ufe, and other wrongs to the faid George then and there did to the great damage of the faid George, and against the peace of our lord the prefent king, whereupon the faid George faith he is injured and hath damages to the value of two hundred pounds; and therefore he brings fuit, &c. Pledges, &c.

And the faid Jonathan, by John Berry his attorney, comes and defends the wrongs and injuries when, &c. and fays he is not guilty of the premises above laid to his charge, in manner and form as the faid George hath above thereof complained against him, and of this he puts himself upon the country, &c. and the faid George doth the like: And for further plea in this behalf as to the breaking and entering the faid booth, and breaking down, throwing down, proftrating, and deftroying the fame, and the goods and chattels in the faid firft Count of the faid declaration mentioned feizing, taking, carrying away, damaging, and fpoiling, and alfo as to the feizing, taking, carrying away, damaging, and fpoiling the goods and chattels in the faid fecond Count of the faid declaration mentioned above fuppofed to have been done by the faid Jonathan, he the faid Jonathan by leave, &c. actio non; because he fays, that the goods and chattels in the faid first Count of the faid declaration mentioned, and the faid goods and chattles in the faid fecond Count of the faid declaration. the booth men mentioned, are one and the fame goods and chattels, and not other tioned in decla- or different, that is to fay, at the parifh aforefaid, in the faid ration was erec- county; and the faid Jonathan further fays, that the faid place tedon Coxheath. where the faid booth in the faid declaration mentioned at the faid Coxheath with- time when, &c. was erected, ftanding, and being, was part of in the manor of a certain heath or common called Coxheath, fituate and being in the faid parish aforefaid, which part of the faid heath or common whereon the faid booth was erected at the faid 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 Loofe, in the faid county, and which faid manor before and at the faid time when, &c. was and ftill is the foil and freehold of the dean and

chapter

and because

brought

the

as

fervant,

fame

chapter of Chrift Church in Canterbury, and because the said George had a little before the faid time when, &c. without the plaintiff had, aleave and against the will and confent of the faid dean and chapter, gainft the will of erected and placed the faid booth in and upon the faid part of the the dean and faid waste or common, and because the fame booth at the faid chapter, erected time when, &c. was wrongfully and injuriously erected, ftand- the booth, and ing, and being in and upon the faid part of the said waste or com- goods, mon, and because the faid George had a little before the faid time when, &c. without the leave or licence, and against the will and confent of the faid dean and chapter, brought and placed the faid goods and chattels in the faid declaration mentioned in the faid booth, and the fame were at the faid time when. &c. wrongfully and injuriously thereon, he the faid John, at the faid time when, &c. as fervant of the faid dean and chapter, and by their command, en- defendant, tered the faid booth, and pulled down the faine, and removed and car- their pulled ried the materials thereof coming, and the goods and chat-down. tels in the faid declaration mentioned to a convenient diftance from the place where the said booth and goods and chattels were, and laid and depofited the fame in proper and convenient places near to the faid place where the faid booths ftood, and there left the fame for the ufe of the faid George as he lawfully might for the cause aforefaid, and in so doing the faid John did neceffarily and unavoidably a little damage the foil, and deftroy the fame materials, goods, and chattels, doing as little damage as he poffibly could on that occafion, which are the fame breaking and entering, &c. whereof, &c.; and this, &c.; wherefore, &c.: And for further 3d Plea plea in this behalf as to the breaking and entering, &c. by like leave, &c. (aio non); because that the goods and chattels in the faid firft Count of the faid declaration mentioned, and the faid goods and chattels in the said second Count of the said declaration mentioned, are one and the fame goods and chattels, and not other or different, that is to fay, at the parish aforefaid; and that before and at the faid time when, &c. a certain army of our faid lord the king confifting of divers, to wit, twelve thoufand foldiers and fubjects of The king's army 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 county of Kent, part of fuch common or heath fituate and being within the faid parish of Loofe, in the faid county of Kent, under and fubject to the command of Richard Pierlon, efquire, the general and commander thereof, as well in order that the faid army might be duly trained to arms, exercifed, and difciplined, as for the fafeguard and defence of this realm against the enemies of Great Britain: And the faid John further fays, that after the faid army had been fo encamped as aforefaid, and during the time that it remained there encamped as aforefaid, to in the enc mpwit, on the day and year in the faid declaration mentioned, he the inent as a futfaid George erected and built, and caufed and procured to be tling booth. erected and built the faid booth in the faid declaration mentioned, in and upon part of the faid common or heath in the parish of Loofe aforefaid, and within the limits of the faid encampinent, and then VOL. IX.

G

and

was encamp.d on Coxheath.

Plaintiff erected the booth with

booth.

and there opened the faid booth as a futtling booth for the fale of victuals and liquors to the foldiers of the faid army, and kept and continued, and caufed to be kept and continued open the faid booth

there as a futtling booth as aforefaid, until and at the faid time That riots, &c. when, &c.: And the faid John further fays, that a little before the happened in the faid time when, &c. to wit, on the day and year aforefaid, great affrays, riots, diforders, and difturbances had happened, been made, and stirred up by and between certain foldiers of the faid army, by reafon of their frequenting and coming together at the faid booth, and certain other booths and huts then and there alfo erected, ftanding, and being on the faid common, and within the limits of the faid encampment, and by reason of certain diforderly courfes and practices permitted by the faid George to be carried on and followed by fuch foldiers in faid booth of the faid George, and more affrays, riots, diforders, and disturbances of the fame nature were likely to enfue, unless the faid booth of the faid George, and the faid other booths were pulled down and removed, to the great annoyance of the faid army, to the fubverfion of good order, difcipline, and government therein, and in breach and violation of the Whereupon the peace of our lord the king, whereupon the faid John, at the faid defendant was time when, &c. as fervant of the faid Richard Pierson to them ordered by the then being the governor and commander of the faid army as aforegeneral to pull faid, and by his command at the faid time when, &c. in order to

it down.

4th Plea

reftore and preferve the peace, good government, discipline, and fubordination of the faid army, neceffarily at the faid time when, &c. broke down, threw down, and proftated the faid booth of the faid George, and the materials thereof coming, and the faid goods and chattels then being and found in the faid booth, took, carried away, and removed to a convenient place near to the faid booth in the parish aforefaid, and there left the fame for the use of the faid George as he lawfully might for the cause aforefaid, and in fo doing he the faid John, at the said time when, &c. did neceffarily and unavoidably a little damage and spoil the faid booth, goods, and chattels, doing as little damage as he poffibly could on the occafion laft aforefaid, which are the fame breaking and entering, &c. whereof, &c.; and this, &c.; wherefore, &c.: And for further plea in this behalf as to the breaking, &c. by like leave, &c. actio non; because he fays, that the faid goods and chattels in the faid firft Count of the faid declaration mentioned, and the faid goods and chattels in the faid fecond Count of the faid declaration mentioned, are the fame goods and chattels and not other or different, that is to fay, at the parish aforefaid: And the faid John further fays, that before and at the faid time when, &c. a certain army Army encamp- of our faid lord the king confifting of divers, to wit, twelve thoufand foldiers and fubjects 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 faid county of Kent, part of fuch common or heath being fituate in the parish of Loofe, in the faid county of Kent, under and subject to the command of Richard Pierfon, efquire, the general and com. mander

ed.