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Chefter.

the faid mefluage or dwelling-houfe in the faid declaration mentioned, and making a noife or difturbance therein, and ftaying and continuing in the faid meffuage or dwelling-houfe making fuch noife and difturbance therein for the faid fpace of time in the faid declaration in that behalf mentioned, and thereby for and during all that time difturbing and difquieting the faid Mary and her family in the peaceable and quiet poffeffion, ufe, occupation, and enjoyment of her faid meffuage or dwelling-houfe, and feizing and taking the faid household furniture, goods, and chattels in the faid declaration mentioned, and keeping and detaining the fame for the space of time in the said declaration in that behalf mentioned, above fuppofed to have been done by the faid David, he the faid David, by leave of, &c. acTeftatum fieri facording to, &c. fays (actio non); because he fays, before the faid ciasto juftices at time when, &c. to wit, on, &c. in the twenty-feventh year of the reign of, &c. there iffued out of the court of our lord the now king, before his juftices of Chefter, at Chefter aforesaid, a certain writ of our lord the king commonly called a teftatum fieri facias directed to the fheriff of the faid city of Chefer, whereby our faid lord the king commanded the faid fheriffs that of the goods and chattels of the faid Mary in their bailiwick they fhould caufe to be made the fum of one hundred and thirty-feven pounds, which in our faid lord the king's faid court, before his juftices at Chefter, had been awarded to David Ackerley in the faid writ named, for his cofts and charges by him laid out in his defence in a certain action of trefpafs and ejectment brought against him by one J. E. on the demife of the faid Mary, and that they should have that money before our faid lord the king's juftices of Chefter, at Chefter, upon the first day of, &c. to render to the faid D. A. in the faid writ named for his cofts and charges aforefaid, and they fhould have there then that writ, which faid writ afterwards, and before the return thereof, and alfo before the faid time when, &c. to wit, on, &c. was delivered to C. P. and E. B. efquires, then and at the faid time when, &c. then being theriffs of the faid city of Chefter to be executed in due form of law; by virtue of which faid writ the faid C. P. and E. B. efquires, fo being theriffs of the faid city of Chefter afterwards and before the return of the faid writ, and before the faid time when, &c. to wit, on, &c. in the twenty-feventh year aforefaid, and in the year of Our Lord 1737, at, &c. in, &c. duly made their certain warrant in writing upon the faid writ, fealed with the feal of office of them the faid theriffs, directed to T. C. E. P. J. W. and to each and every of them jointly and feverally (they the faid T. C. &c. &c. then and at the faid time when, &c. being bailiffs of the faid theriffs), and by the faid warrant the faid theriff's then and there commanded them the faid bailiffs that of the goods and chattels of the faid Mary in their the faid theriff's bailiwick they fhould cause to be made to the faid D. A. in the faid writ named the faid one hundred and thirty-feven pounds, and that they fhould have that money be fore his majefty's juftices of Chefter, at Chefter, on, &c. to render to the faid D. A. in the aforefaid writ named, for his cofts and

charges

BY OFFICERS, AND IN AID-REPLICATION-NEW ASSIGNMENT.

charges aforefaid, which faid warrant aforefaid, and before the faid time when, &c. to wit, on, &c. at, &c. was delivered to T. C. fo being fuch bailiff as aforefaid, to be executed in due form of law, by virtue of which faid warrant he the faid T. C, as fuch bailiff as aforefaid, and the faid D. A. the defendant in his aid and affiftance and by his command, for having execution of the faid warrant, afterwards, and before the return of the faid writ, at the said time when, &c. entered into the faid mefluage or dwelling-houfe in the faid declaration mentioned, the door thereof being open, and the faid meffuage or dwelling-houfe being within the bailiwick of the faid fheriff of C. and the faid goods and chattels in the faid declaration mentioned then being in the faid mesfuage or dwelling-houfe, in order to feize and take fuch goods and chattels in execution under and by virtue of the said warrant, and did then and there accordingly feize and take in execution fuch goods and chattels, and keep and detain the fame for the faid fpace of time in the faid declaration in that behalf mentioned under and by virtue of the faid warrant, as they lawfully might do for the caufe aforefaid, and on that occafion did refpectively ftay and continue in the faid mefluage or dwelling-houfe for the faid time in the faid declaration in that refpect mentioned, and during that time did a little difturb and difquiet the faid Mary and her family in the peaceable and quiet poffeffion, ufe, and occupation of the said meffuage or dwelling-houfe, which is the faid fuppofed trefpafs in the introductory part of this plea mentioned, whereof the faid Mary hath above complained againt the faid David, and this, &c.; wherefore, &c. if, &c. GEORGE WOOD.

89

And the faid Mary, as to the faid plea of the faid David the Replication, de defendant by him latily above pleaded as to the feveral trefpaffes injuria, and new in the introductory part of that plea mentioned abo e acknowledged affignment. to have been done by the faid David, faith, that the, by reason of any thing by the faid David the defendant in that plea above alledged, ought not to be barred from having and maintaining her aforesaid action thereof against him, because the faith, that true it is that there iffued cut of the faid court of our faid lord the now king, before his juftices aforefaid, the faid writ of teftatum fieri facias in the faid laft plea mentioned and fet forth as the faid D. A. the defendant hath above in that behalf alledged; yet protelling that the faid D. A. in the faid writ named, and the faid D). A. the defendant, are one and the fame perfon, and not divers other qr different perfons; protefting alfo that the fail laft-mentioned plea and Lid matters therein contained, in manner and form as the fume are above pleaded and fet forth, are not fufficient in law to bar the fad Mary from having and maintaining her aforefaid action thereof against the faid D. A. the defendant; for replication in this behalf the faid Mary faith, that the laid D. A. the defendant, at the faid time when, &c. of his own wrong, and without the refidue of the caufe by him the faid D. A. the defendant in his faid laft-mentioned plea above alledged, broke and entered the

faid meffuage or dwelling-houfe in the faid declaration mentioned, and made a noise and disturbance therein, and ftaid and continued in the faid meffuage or dwelling-house making fuch noife and difturbance therein for the faid time in the faid declaration in that behalf mentioned, and thereby for and during all that time difturbed and difquieted the faid Mary and her family in the quiet and peaceable poffeffion, ufe, occupation, and enjoyment of her faid meffuage or dwelling-houfe, and feized and took the faid household furniture, goods, and chattels in the faid declaration mentioned, and kept and detained the fame for the said space of time in the faid declaration in that refpect mentioned, in manner and form as the faid Mary hath above thereof complained against the faid David the defendant; and this fhe the faid Mary prays may be enquired of the country, &c: And the faid Mary further faith, that the exhibited her bill in this caufe, and brought her faid fuit thereupon against the said David the defendant, not only for committing the feveral trefpaffes mentioned in the faid plea laftly above pleaded, and thereby attempted to be juftified in manner aforefaid, but also for that the faid D. A. the defendant, and D. A. in the said writ and warrant named, were one and the fame perfon, and that the said D. A. at the faid time when, &c. at, &c. in, &c. in another and different manner than is stated in and by the faid laft-mentioned plea, that is to fay, by then and there caufing the faid writ in the faid plea mentioned to be iffued out of the faid court of our faid lord the king, before his juftices of Chefter, at Chefter aforefaid, and to be delivered to the faid fheriffs of the faid city of Chester, and alfo by then and there caufing the faid warrant in the faid plea mentioned to be made and delivered as in the faid plea is mentioned without any judgment being given in the faid court to warrant the faid writ, and in execution thereof broke and entered the faid meffuage or dwelling-house in the faid declaration mentioned, and made a noise and disturbance therein, and staid and continued in the said melfuage or dwelling-houfe making fuch noise and disturbance therein for the faid time in the faid declaration in that behalf mentioned, and thereby for and during all that time difturbed and difquieted the faid Mary and her family in the peaceable and quiet poffeffion, ufe, occupation, and enjoyment of her faid meffuage or dwellinghoufe, and feized and took the faid household goods, furniture, and chattels in the faid declaration mentioned, and kept and detained the fame for the faid space of time in that behalf mentioned, in manner and form as the faid Mary hath above thereof complained against him; wherefore inafmuch as the faid D. A. the defendant hath not anfwered the manner of committing the faid feveral trefpaffes above anew affigned, the the faid Mary prays judgment and her damages, by her fuftained on occafion of the committing thereof, to be adjudged to her, &c.

WM. BALDWIN.

The rejoinder was drawn, but not fettled; Mr. Lawes having advised to let plainu take judgment.

And

cord and pro

And as to the faid plea of the faid Mary by her above pleaded Plea to new alby way of reply to the faid plea of the faid David the defendant fignment, fetby him laftly above pleaded as to the feveral trefpaffes in the in- ting out the retroductory part of that plea mentioned above fuppofed to have ceedings. been done by the faid David the defendant, and which the faid Mary hath prayed may be enquired of by the country, he the faid David the defendant doth the like, &c. And as to the faid trefpafs above new affigned, he the faid David the defendant is not thereof guilty in manner and form as the faid Mary hath above in that behalf alledged; and of this he puts himself upon the country, &c. And for further plea as to the faid trefpaffes above new affigned, and above fuppofed to have been committed by the faid David the defendant, by caufing the faid writ in the faid plea laftly above pleaded mentioned to be iffued out of the faid court of our faid lord the king, before his juftices of Chester, at Chefter aforefaid, and to be delivered to the faid fheriffs of the faid city of Chester, and alfo by caufing the faid warrant in the faid plea mentioned to be made and delivered as in the faid plea is mentioned, and in execution thereof breaking and entering the faid meffuage or dwelling-house in the faid declaration mentioned, and making a noife and disturbance therein, and staying and continuing in the faid meffuage or dwelling-house making fuch noise and disturbance therein for the faid fpace of time in the faid declaration in that behalf mentioned, and thereby for and during all that time disturbing and difquieting the faid Mary and her family in the peaceable and quiet poffeffion, ufe, occupation, and enjoyment of her faid meffuage or dwelling-houfe, and feizing and taking the said household furniture, goods, and chattels in the faid declaration mentioned, and keeping and detaining the fame for the faid space of time in the faid declaration in that behalf mentioned, he the faid David the defendant, by leave of, &c. according to, &c. fays (actio non); because he says, that although true it is that the said D. A. the defendant, and D. A. in the faid writ and warrant named, are one and the fame perfon as in the faid new affignment is in that behalf alledged, yet the faid D. A. the defendant in fact further faith, that before the faid time when, &c. to wit, at the feffion of Chester, held at Chefter, in the county of Chester, in the common hall of pleas of the faid county, on Monday, &c. in the twenty-feventh year of, &c. before our lord the king's juftices of Chefter, he the faid David, by the confideration and judgment of the faid court, recovered against the said Mary the faid fum of one hundred and thirty-feven pounds in the faid writ and warrant in the faid laft-mentioned plea of the faid David refpectively mentioned, which in the faid court was then and there awarded to him the faid David for his cofts and charges by him laid out in his defence in the faid action of trefpafs and ejectment in the faid writ, plea, and warrant mentioned whereof the said Mary was convicted, as by the record and proceedings thereof now remaining in the faid court of our faid lord the king, before his juftices of Chefter, at Chefter aforefaid, more fully appears: And the faid David further faith, that having fo obtained fash judgment

judgment as aforefaid, and the faid judgment being in full force and unfatisfied, he the faid David, for having execution of the faid judgment at the faid time when, &c. caufed the writ in the faid plea laftly above pleaded as aforefaid mentioned to be issued out of the faid court of our faid lord the king, before his justices of Chefter, at Chefter aforefaid, and to be delivered to the faid fheriffs of the faid city of Chester, and alfo caufed the faid warrant in the faid plea mentioned to be made and delivered as in the faid plea is mentioned, and in execution thereof did, by the faid T. C. the faid bailiff to whom the faid warrant fo delivered for execution as aforefaid, enter into the faid meffuage or dwelling-house in the faid declaration mentioned (the door thereof being open, and the faid meffuage or dwelling-houfe being within the bailiwick of the faid fheriffs of faid city of Chefter, and the faid goods and chattels of the faid Mary in the faid declaration mentioned then being in the faid meffuage or dwelling-houfe), in order to feize and take fuch goods and chattels in execution under and by virtue of the faid warrant, and did then and there by the faid T. C. accordingly feize and take in execution fuch goods and chattels, and keep and detain the fame for the faid fpace of time in the faid declaration in that refpect mentioned under and by virtue of the faid warrant, as he lawfully might do for the caufe aforefaid, and on that occafion did; by the faid T. C. neceffarily ftay and continue in the faid meffuage or dwelling-house for the said space of time in the faid declaration in that refpect mentioned, and during that time did a little disturb and difquiet the faid Mary and her family in the peaceable and quiet poffeffion, ufe, occupation, and enjoyment of the faid meffuage or dwelling-houfe, which is the faid fuppofed trefpafs in the introductory part of this plea mentioned, and whereof the faid Mary hath above in the faid new affignment complained against him the faid David; and this, &c. wherefore, &c.; if, &c.: And for further plea as to the faid trefpafs above new affigned and above fuppofed to have been cominitted by the faid David the defendant, he the faid David, by like leave of, &c. according to, &c. fays (actio non); because he fays, that though true it is that the faid D. A. the defendant, and D. A. in the faid writ and warrant named, are one and the fame perfon as in the faid new affignment is in that behalf alledged, yet the faid D. A. in fact further fays, that before the faid time when, &c. to wit, at the feflion of, &c. before, &c. the faid Mary, in the name of J. E. (as nominal and fictitious plaintiff) on that occafion on the demife of the faid Mary, impleaded the faid defendant, the defendant in the faid plea of trefpafs and ejectment in the faid plea fecondly above pleaded in bar mentioned, and fuch proceedings. were thereupon then and there had in the faid plea, that he the faid David, by the confideration and judgment of the faid court, then and there at the fame feffion recovered against the faid Mary the faid fum of one hundred and thirty-feven pounds in the said writ and warrant in the faid laft-mentioned plea of the faid David refpectively fpecified, which in the faid court were then and there

awarded

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