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AUTHORITY CF LAW-(GENERAL OFFICER)-REPLICATION. 83 mander thereof, as well in order that the said army might be duly trained to arms, exercised, and disciplined, as for the lafeguard of this realm against the enemies of Great Britain: And the said John further says, that after the said army had been encamped as afore- Plaintiff erected faid, and during that time it remained there encamped as aforesaid, a suttling booth, to wit, on the day and year in the said declaration mentioned, he the faid George erected and built, and caused and procured to be erected and built the said booth in the said declaration mentioned, in and upon the said common or heath in the parish of Loose aforesaid, and within the limits of the said encampment, and then and there opened the said booth as a suttling booth for the sale of victuals and liquors for the soldiers of the said army, and kept and continued, and caused to be kept and continued open the faid booth as a suttling booth as aforesaid, until and at the said time when, &c.: And the said John further fays, that the said George, Plaintiff kept a long before and at the said time when, &c. did keep, maintain, disorderlybooth, and continue an ill-governed and disorderly booth, and in his said and permitted booth, for his own lucre and gain, did unlawfully and wilfully cause disorderly wo. and procure divers soldiers and subjects of the said army under the men therein, command of the faid Richard Pierson as aforesaid, contrary to the will of the faid Richard Pierson, to frequent and come together at the said booth as well in the night as in the day time, and to meet and assemble with divers lewd and disorderly women at the said booth, and there to remain drinking, tippling, whoreing, and misbehaving themselves, and raising riots, affrays, and disturbances, to the great annoyance of the said army, to the subversion of good order, discipline, and government therein, and in breach and violation of the peace of our said lord the king; whereupon the said whereupon, &c: John, at the said time when, &c. as servant of the faid Richard Pierson, so then being the general and commander of the said army as aforesaid, and by his command at the said time when, &c. in ora der to restore and preserve the peace, good government, discipline, and subordination of the said army, necessarily at the said time, &c. broke down, threw down, and prostrated the said booth of the said George, as he lawfully might for the cause aforesaid, and the materials thereof coming, and the goods and chattels in the said booth there being and found, took and carried away and removed to a convenient place near to the said 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 so 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 that occasion, which are the same breaking, &c. whereof, &c.; and this, &c.; wherefore, &c.
be erected on
And the said George, as to the said plea of the said John by Replication, adhim secondly above pleaded in bar as to the breaking and entering, mits booth to &c. precludi non; because he faith, that true it is that the said
Coxhcach, place where the said booth in the said declaration mentioned, when, G 2
within the ma.
&c. was erected, standing, and being, was part of a certain heath or common called Coxheath, situate and being in the parish afore
faid, which part of the said heath or common whereon the said and that it is booth was erected at said time when, &c. was from time whereof
the memory of man is not to the contrary, and hath been parcel of nor of Q.
and within the manor of Loose, in the said county; and which faid manor, before and at the said time when, &c. was and still is the foil and freehold of the dean and chapter of Christ Church in Canterbury, as the faid George hath in that plea above alledged; but the said George further faith, that the said John, at the said time
when, &c. cf his own wrong, and without the residue of the causes De injuria fua,
by the said John in chat plea above alledged, broke and entered the faid booth, and broke down), threw down), prostrated, and destroyed the same, and the goods and chattels in the said declaration mentioned seized, took, carried away, damaged, and spoiled, in manner and form as the faid George in his aforesaid declaration hath
above complained against, and this he prays may be enquired of 3d Plea, De in. by the country; and the said John doth the like: And the faid juria, &c. George, as to the said plea of the faid John by him thirdly above
pleaded in bar as to the breaking, &c. precludi non; because he faith, that the said John, at the said time when, &c. of his own wrong, and without any fuch cause as is by the said John in that plea above alledged, broke and entered the faid booth, and broke down, threw down, proftrated, and destroyed the fame, and the goods and chattels in the faid declaration mentioned seized, took, carried away, damaged, and spoiled, in manner and form as the faid George hath in his aforesaid declaration above complained against him ; and this he prays may be enquired of by the country; and the faid John doth the like. [Same replication to last plea.].
This cause was tried at Lent alizes 1780, when plaintiff obtained a verdia with five pounds damages.
Hilary Term, 27. Geo.III.
SOMERSETSHIRE, to wit. Richard Dix Declaration in trespass by te against complains against John Chaffin being, &c.; for nant against his CHAFFIN. that the said John, on the thirtieth of September landlord, for di- 1786, and on divers days and times between that day and the day ftraining when of exhibiting the bill of the said Richard, with force and arms no rent was due, broke and entered divers mesfuages, barns, ftables, yards, outble the value of houses, and clofes of the said Richard, situate, lying, and being the goods di- at Haydon and at Easton, in the out parish of St. Cuthbert in Ktrained under Wells, in the said county of Somerset, and then and there with 2. W. & M. C. his feet in walking trod down, trampled upon, consumed, and 5. 1. 5.
spoiled the grafs, clover, and corn, to wit, wheat, rye, barley, oats, pease, and beans of the faid Richard then and there growing and being in the said closes of the said Richard of the value of five pounds of, &c. and then and there seized, cook, and distrained as
and for a distress for rent then and there pretended and claimed by the said John to be due and in arrear from the said Richard to the faid John divers cattle, goods, and chattels of the said Richard, that is to say, four horses, four mares, four geldings, four bulls, four cows, four oxen, twenty sheep, ten stacks of hay, ten ricks of hay of the value of one hundred pounds, and the said cattle, goods, and chattels so as aforesaid seized, takent, and distrained, led, drove, and carried the fame away, and sold, converted, and difposed thereof, and the monies arising therefrom to his own use, when in truth and in fact no rent was due and in arrear from the faid Richard to the said John, at the time of the taking of the said goods and chattels as aforesaid, to wit, in the parish aforesaid, in the county aforesaid; by reason and means of all which said premises, he the said Richard hath been deprived of the use, benefit, and advantage of the said horses, mares, geldings, and oxen, and hath for want of the same horses, mares, geldings, and oxen, been prevented and hindered from ploughing, cultivating, and tilling the faid close, and other closes, lands, and premises in this the said Richard's occupation and poffeffion, and hath thereby loft and been deprived of divers great gains, profits, and advantages which he would have otherwise received and enjoyed, and hath otherwise been greatly injured and prejudiced by reason of the premises, to wit, at, &c.: And also for that the said John, on the same day and year aforesaid, at, &c. with force and arms, seized and took other the cattle, goods, and chattels of the said Richard, that is to fay, four other hories,&c. &c. &c. of the value of other one hundred pounds, there then also found and being, and led, drove, and carried away the same, and converted and disposed thereof to his own use, and other wrongs to the said Richard then and there did, against the peace of our faid lord the now king, and to the damage, &c. Pledges, &c.
Drawn by MR. CROMPTON.
Verdiet for plaintiff value of goods diftrained.
NORFOLK, to wit. W. B. late of, &c. was attached to an- Declaration in swer H. A. of a plea ; wherefore with force and arms he drove and C. B. in trespass, chased a mare big with fjal of the value of ewenty pounds of the for hunting a faid plaintiff, being at a certain place called, &c. in the district mare, whereby and township of F. in the county aforesaid, whereby the said mare dead foal. fipped a dead foal, and whereby the said mare was hurt and greatly damnified, and the said plaintiff was thereby greatly deprived of the use of the said mare for a long space of time, and also wherefore he the faid defendant, with force and arms, in, &c. aforesaid, drove and chaled another mare of the said defendant of the value of other twenty pounds, with violence from place to place, and to divers unwholesome and quaggy places, whereby the said last-mentioned mare dropped a dead foal, and whereby the said last-mentioned mare was greatly hurt and damnifie, and the said plaintiff was thereby deprived, &c. and other wrongs, &c. and whereupon, &c. [Set out the Declaration.].
Pleathereto, ift, Ift, General Issue: And for further plea in this behalf as to the general issue; driving and chasing the said mare big with foal in the said first 3d, that the mare Count of the said declaration mentioned, and also as to driving was in deterd, and chasing the said mare of the said plaintiff from place to place in doing damage, the last Count of the said declaration mentioned above supposed,
he &c.&c. (aftio non); because he says, that the said mare in the said drove fame to a first Count of the said declaration mentioned, and the said mare in certain place the said laft Count of the faid declaration mentioned, are one near thereto for the plaintiff.
mare, and not different mares, and that the driving in the first Count, and the driving from place to place in the last Count, are the same driving, and the times in the first and last Counts are the sanie time: And the said defendant further says, that long before and at the said time when, &c. in the said declaration mentioned, he the said defendant was lawfully possessed of a certain close or piece of fen ground called, &c. situate, lying, and being in the parith of, &c. in, &c. and because the said mare in the said declaration mentioned a little before the said time when, &c. wrongfully and against the will of the said defendant, entered into the said close or piece of fen ground of the said defendant, and at the said time when, &c. was doing damage to the faid defendant there, he the said defendant, at the said time when, &c. drove and chased the said mare in the said declaration mentioned out of the said clofe or piece of fen ground of him the faid defendant, to a certain place near thereto in the district and township aforesaid, and there left the saine for the use of the said plaintiff as it was lawful for him the faid defendant to do for the cause aforesaid, which are the same trespaffes in the introduction to this plea mentioned, whereof the
said plaintiff hath above thereof complained against him the said 3d Plea, that the defendant; and this, &c. ; wherefore, &c.: And for further plea plaintiff's mare as to, &c. &c. (actio non); because he says, &c. (as before]: And was eating up the said defendant further says, that he the said defendant, long begrafs in defende fore and at the said time when, &c. in the said declaration men. wherefore he tioned, was lawfully pofleffed of and in a certain piece or parcel of gently drove it fen ground called, &c. fituate, &c. and being so thereof poflerout to impound fed ; and because the said mare in the said declaration mentioned, at it.
the said time when, &c. was in the said last-mentioned close or piece of ground of the said defendant, eating up, depafturing, ireading down, consuming, and spoiling the grass of the said defendant, then growing and being in the said laft-mentioned close of the said defendant, and doing damage there to the said defendant, he the said defendant, at the said time when, &c. gently drove and chased the said mare in the said declaration mentioned out of the said last-mentioned close or piece of fen ground of him the said defendant, with an intent to impound the laid mare in a certain common and open pound in the aforesaid county for the aforesaid damage, as he the faid defendant lawfully might do for the cause laft aforesaid, which are the same, &c.; and this, &c. ; wherefore, &c.
Replication, de injuria fua, &c.
TRESPASS TO PROPERTY (ENTERING DWELLING-HOUSE) - Plea. 87
J.N. complains of R. D.; for that the said defendant, Declaration for together with divers other persons at present unknown to the said breaking plaintiff,on, &c. with force and arms, &c. broke and entered a certain entering a dovehouse of him the said plaintiff called the Dovecote, ficuate and becote, and tak.
thereout jag at, Sc. in, &c. and forced and wrenched open the doors, to doves. wit, two doors of and belonging to the faid dovecote, and the locks and bolts wherewith the said doors were fastened, locked, and bolted, then and there broke to pieces, spoiled, and destroyed, and the doves and pigeons, to wit, one hundred pair of doves and one hundred pair of pigeons of the said dovecote of the said, plaintiff then and there being and found of the price of twenty pounds, with nets, engines, snares, and other instruments, caught, seized, took, and carried away, and converted and disposed thereof to their own use, whereby the said plaintiff wholly lost a fight of his dovecote, and other wrongs, &c.
Drawn by MR. CROMPTON.
Hilary Term, 28. Geo. III. MARY DONE, widow, complains of David Ackerley be- Declaration for
taking the ing, &c. for that the said David, on, &c. with force and arms,
plaintiff's goodo broke and entered a certain messuage or dwelling-house of the said in execution. Mary, situate and being in the parilh of, &c. and then and there made a great noise, disturbance, and affray therein, and stayed and continued in the said messuage or dwelling-house making such his noise, disturbance, and affray therein, without the licence or consent, and against the will of the said Mary for a long time, to wit, for the space of fix hours, and thereby for and during all that time there greatly disturbed and disquieted the said Mary and her family in the peaceable and quiet possession, use, occupation, or enjoyment of her said messuage and dwelling-house, and then and there seized and took the household furniture, goods, and chattels, to wit, one hundred chairs, &c. &c. of the said Mary of a large value, to wis, of the value of three hundred pounds there found and being in the said messuage or dwelling-house, and kept and detained the same for a long space of time, to wit, for the said space of fix hours, and until the the said Mary was forced and obliged to, and did then and there pay for the use of the said David a large sum of money, to wit, the sum of one hundred and thirty-seven pounds of lawful money of Great Britain, and other wrongs to the said Mary then and there did, against the peace of our lord the now king, and to the damage of the said Mary of one hundred pounds; and therefore the brings fuit, &c.
And the said David, by A. B. his attorney, comes and defends Plea the the force and injury, when, &c. and says, that he is not guilty declaration; ist, of the trespass above laid to his charge, or any part thereof, in man- not guilty; 24. ner and form as the said Mary hath above thereof complained
that the defende
ant is a sheriff's against him ; and of this he puts himself upon the country, &c. : officer, and that And for further plea in this behalf as to the breaking and entering he seized the
the goods under a