AUTHORITY CF LAW-(GENERAL OFFICER)-REPLICATION. 83

a futtling booth.

mander thereof, as well in order that the faid army might be duly trained to arms, exercifed, and difciplined, as for the fafeguard of this realm against the enemies of Great Britain: And the faid John further fays, that after the faid army had been encamped as afore- Plaintiff erected faid, and during that time it remained there encamped as aforefaid, to wit, on the day and year in the faid declaration mentioned, he the faid George erected and built, and caused and procured to be erected and built the faid booth in the faid declaration mentioned, in and upon the faid common or heath in the parish of Loose afore faid, and within the limits of the faid encampment, and then and there opened the faid booth as a futtling booth for the fale of victuals and liquors for the foldiers of the faid army, and kept and continued, and caused to be kept and continued open the faid booth as a futtling booth as aforefaid, until and at the said time when, &c.: And the faid John further fays, that the faid George, Plaintiff kept a long before and at the faid time when, &c. did keep, maintain, diforderlybooth, and continue an ill-governed and diforderly booth, and in his faid and permitted booth, for his own lucre and gain, did unlawfully and wilfully caufe diforderly wo and procure divers foldiers and fubjects of the faid army under the men therein, command of the faid Richard Pierfon as aforefaid, contrary to the will of the faid Richard Pierson, to frequent and come together at the faid booth as well in the night as in the day time, and to meet and affemble with divers lewd and disorderly women at the faid booth, and there to remain drinking, tippling, whoreing, and mifbehaving themselves, and raifing riots, affrays, and disturbances, 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 peace of our faid lord the king; whereupon the faid whereupon, &c. John, at the faid time when, &c. as fervant of the faid Richard Pierfon, fo then being the general and commander of the faid army as aforefaid, and by his command at the said time when, &c. in or der to restore and preferve the peace, good government, difcipline, and fubordination of the faid army, neceffarily at the faid time, &c. broke down, threw down, and proftrated the said booth of the faid George, as he lawfully might for the cause aforefaid, and the materials thereof coming, and the goods and chattels in the faid booth there being and found, took and 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 so doing he the faid John, at the faid time when, &c. did neceffarily and unavoidably a little damage and fpoil the faid booth, goods, and chattels, doing as little damage as he poffibly could on that occafion, which are the fame breaking, &c. whereof, &c.; and this, &c.; wherefore, &c.

GEO. WOOD.

be erected on

And the faid George, as to the faid plea of the faid John by Replication, adhim fecondly 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 faid Coxheath. place where the faid booth in the faid declaration mentioned, when,

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&c.

within the manor of Q.

&c, was erected, standing, and being, was part of a certain heath or common called Coxheath, fituate and being in the parish aforefaid, which part of the faid heath or common whereon the faid 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 and within the manor of Loofe, in the faid county; and which faid manor, before and at the said time when, &c. was and ftill is the foil and freehold of the dean and chapter of Chrift Church in Canterbury, as the faid George hath in that plea above alledged; but the faid George further faith, that the faid John, at the said time when, &c. of his own wrong, and without the refidue of the caufes De injuria fua, by the faid 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 feized, took, carried away, damaged, and spoiled, in manner and form as the faid George in his aforefaid declaration hath above complained againft, and this he prays may be enquired of 3d Plea, De in by the country; and the faid John doth the like: And the faid juria, &c.

&c.

George, as to the faid plea of the faid John by him thirdly above pleaded in bar as to the breaking, &c. precludi non; because he faith, that the faid John, at the faid time when, &c. of his own wrong, and without any fuch caufe as is by the faid John in that plea above alledged, broke and entered the faid booth, and broke down, threw down, proftrated, and deftroyed the fame, and the goods and chattels in the faid declaration mentioned feized, took, carried away, damaged, and fpoiled, in manner and form as the faid George hath in his aforefaid 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 laft plea.]

This caufe was tried at Lent affizes 1780, when plaintiff obtained a verdict with five pounds damages.

Declaration trefpafs by te

in

DIX

nant against his

against CHAFFIN.

Hilary Term, 27. Geo.III.

SOMERSETSHIRE, to wit. Richard Dix complains against John Chaffin being, &c.; for that the faid 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 faid Richard, with force and arms no rent was due, broke and entered divers meffuages, barns, ftables, yards, outble the value of houses, and clofes of the faid Richard, fituate, lying, and being the goods di- at Haydon and at Eafton, in the out parifh of St. Cuthbert in ftrained under Wells, in the faid county of Somerfet, and then and there with 2. W. & M. c. his feet in walking trod down, trampled upon, confumed, and 5. f. 5.

to recover dou

fpoiled the grafs, clover, and corn, to wit, wheat, rye, barley, oats, peafe, and beans of the faid Richard then and there growing and being in the faid clofes of the faid Richard of the value of five pounds of, &c. and then and there feized, took, and diftrained as

and

and for a diftrefs for rent then and there pretended and claimed by
the faid John to be due and in arrear from the faid Richard ́to the
faid John divers cattle, goods, and chattels of the faid Richard,
that is to fay, four horfes, four mares, four geldings, four bulls,
four cows, four oxen, twenty fheep, ten ftacks of hay, ten ricks
of hay of the value of one hundred pounds, and the faid cattle,
goods, and chattels fo as aforefaid feized, taken, and diftrained,
led, drove, and carried the fame away, and fold, converted, and dif-
pofed thereof, and the monies arifing therefrom to his own ufe,
when in truth and in fact no rent was due and in arrear from the
faid Richard to the faid John, at the time of the taking of the faid
goods and chattels as aforefaid, to wit, in the parish aforefaid, in
the county aforefaid; by reafon and means of all which faid pre-
mifes, he the faid Richard hath been deprived of the ufe, benefit,
and advantage of the faid horfes, mares, geldings, and oxen, and
hath for want of the fame horfes, 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
faid Richard's occupation and poffeffion, and hath thereby loft
and been deprived of divers great gains, profits, and advantages
which he would have otherwife received and enjoyed, and hath
otherwife been greatly injured and prejudiced by reafon of the pre-
mifes, to wit, at, &c.: And alfo for that the faid John, on the same
day and year aforefaid, at, &c. with force and arms, feized and took
other the cattle, goods, and chattels of the faid 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 car-
ried away the fame, and converted and difpofed thereof to his own
ufe, and other wrongs to the faid 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.

Verdict for plaintiff value of goods diftrained.

NORFOLK, to wit. W. B. late of, &c. was attached to an- Declaration in fwer H. A. of a plea; wherefore with force and arms he drove and C. B. intrefpafs, chafed a mare big with foal of the value of twenty pounds of the for hunting a faid plaintiff, being at a certain place called, &c. in the district mare, whereby The dropped a and township of F. in the county aforefaid, whereby the faid mare dead foal. flipped a dead foal, and whereby the faid mare was hurt and greatly damnified, and the faid plaintiff was thereby greatly deprived of the ufe of the faid mare for a long space of time; and alfo wherefore he the faid defendant, with force and arms, in, &c. aforefaid, drove and chafed another mare of the faid defendant of the value of other twenty pounds, with violence from place to place, and to divers unwholesome and quaggy places, whereby the faid laft-mentioned mare dropped a dead foal, and whereby the faid laft-mentioned mare was greatly hurt and damnified, and the faid plaintiff was thereby deprived, &c. and other wrongs, &c. and whereupon, &c. [Set out the Declaration.],

ant's ground

the plaintiff.

Pleathereto, ift, If, General Iffue: And for further plea in this behalf as to the general iffue; driving and chafing the faid mare big with foal in the faid first zd,that the mare Count of the faid declaration mentioned, and alfo as to driving was in deferd- and chafing the faid mare of the faid plaintiff from place to place in doing damage, the laft Count of the faid declaration mentioned above fuppofed, therefore he &c.&c. (actio non); because he fays, that the faid mare in the faid drove fame to a first Count of the faid declaration mentioned, and the faid mare in certain place the faid laft Count of the faid declaration mentioned, are one near thereto for 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 fame driving, and the times in the first and last Counts are the fame time: And the faid defendant further fays, that long before and at the faid time when, &c. in the faid declaration mentioned, he the faid defendant was lawfully poffeffed of a certain close or piece of fen ground called, &c. fituate, lying, and being in the parish 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 faid defendant, entered into the faid clofe or piece of fen ground of the faid defendant, and at the faid time when, &c. was doing damage to the said defendant there, he the faid defendant, at the faid time when, &c. drove and chafed the faid mare in the faid 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 aforefaid, and there left the fame for the ufe of the faid plaintiff as it was lawful for him the faid defendant to do for the caufe aforefaid, which are the fame trefpaffes in the introduction to this plea mentioned, whereof the faid plaintiff hath above thereof complained against him the faid 3d Plea, that the defendant; and this, &c.; wherefore, &c.: And for further plea plaintiff's mare as to, &c. &c. (actis non); because he fays, &c. [as before]: And was eating up the faid defendant further fays, that he the faid defendant, long begrafs in defend fore and at the faid time when, &c. in the faid declaration menant's clofe, tioned, was lawfully poffeffed of and in a certain piece or parcel of gently drove it fen ground called, &c. fituate, &c. and being fo thereof poffefout to impound fed; and because the faid mare in the faid declaration mentioned, at the faid time when, &c. was in the faid laft-mentioned close or piece of ground of the faid defendant, eating up, depafturing, treading down, confuming, and fpoiling the grafs of the faid defendant, then growing and being in the faid laft-mentioned clofe of the faid defendant, and doing damage there to the said defendant, he the faid defendant, at the said time when, &c. gently drove and chafed the faid mare in the faid declaration mentioned out of the faid laft-mentioned clofe or piece of fen ground of him the faid defendant, with an intent to impound the faid mare in a certain common and open pound in the aforefaid county for the aforefaid damage, as he the faid defendant lawfully might do for the cause laft aforefaid, which are the fame, &c.; and this, &c.; wherefore, &c. W. C. BOLTON.

wherefore he

it.

Replication, de injuria fua, Sc.

J.N.

TRESPASS TO PROPERTY (ENTERING DWELLING-HOUSE)-PLEA.

ing

87

and

thereout

J.N. complains of R. D.; for that the said defendant, Declaration for together with divers other perfons at prefent unknown to the faid breaking plaintiff, on, &c. with force and arms, &c. broke and entered a certain entering a dovehoufe of him the faid plaintiff called the Dovecote, fituate and be- cote, and taking at, &c. 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 faid doors were fastened, locked, and bolted, then and there broke to pieces, fpoiled, and deftroyed, and the doves and pigeons, to wit, one hundred pair of doves and one hundred pair of pigeons of the faid dovecote of the faid plaintiff then and there being and found of the price of twenty pounds, with nets, engines, fnares, and other inftruments, caught, feized, took, and carried away, and converted and difpofed thereof to their own ufe, whereby the faid plaintiff wholly loft a flight 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 ing, &c. for that the faid David, on, &c. with force and arms, & plaintiff's goode taking the broke and entered a certain meffuage or dwelling-house of the faid in execution. Mary, fituate and being in the parish of, &c. and then and there made a great noife, difturbance, and affray therein, and stayed and continued in the faid meffuage or dwelling-houfe making fuch his noife, disturbance, and affray therein, without the licence or confent, and against the will of the faid Mary for a long time, to wit, for the space of fix hours, and thereby for and during all that time there greatly difturbed and difquieted the faid Mary and her family in the peaceable and quiet poffeffion, ufe, occupation, or enjoyment of her faid meffuage and dwelling-houfe, and then and there feized and took the household furniture, goods, and chattels, to wit, one hundred chairs, &c. &c. of the faid Mary of a large value, to wit, of the value of three hundred pounds there found and being in the faid meffuage or dwelling-houfe, and kept and detained the fame for a long space of time, to wit, for the faid space of fix hours, and until the the faid Mary was forced and obliged to, and did then and there pay for the ufe of the faid David a large fum of money, to wit, the fum of one hundred and thirty-feven pounds of lawful money of Great Britain, and other wrongs to the faid Mary then and there did, against the peace of our lord the now king, and to the damage of the faid Mary of one hundred pounds; and therefore he brings fuit, &c.

W. BALDWIN,

that the defend

And the faid David, by A. B. his attorney, comes and defends Plea to the the force and injury, when, &c. and fays, that he is not guilty declaration; ift, of the trefpafs above laid to his charge, or any part thereof, in man- not guilty; ad, ner and form as the faid Mary hath above thereof complained ant is a fheriff'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 feized the the goods under a

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warrant.