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 said writ and warrant mentioned, whereof the faid Mary, in
the name of the faid J. E. the fictitious plaintiff aforefaid in the plea
aforefaid, was convicted, as by record, &c. &c.: And the faid
David avers, that the faid J. E. the plaintiff in the aforefaid plea
of trespass and ejectment was not the real plaintiff or party in that
fuit, but was only a nominal plaintiff in the name, and that the
faid fuit or plea was brought and inflituted by the faid Mary upon,
and for, and on account of her the faid Mary only, and that
having fo obtained fuch judgment as aforefaid, and the faid judg-
ment 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 faid writ in the faid plea fo fecondly above pleaded men-
tioned to be iffued out of the faid court of, &c. and to be delivered
to the said sheriffs of the faid city of, &c. and alfo caused the said
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 was fo de-
livered for execution as aforefaid, enter into the faid meffuage or
dwelling-house in the faid declaration mentioned (the door thereof
being, &c. &c.) in order to take and feize fuch goods, &c. 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 exe-
cution fuch goods, &c. and keep, &c. in the faid declaration
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, &c. and during that time did a little dif
turb, &c. which is the faid fuppofed trefpafs in the faid new af-
fignment mentioned, and by this plea above pleaded to; and this,
&c.; wherefore, &c.; if, &c.
V. LawES.

And the faid Mary, as to the faid plea of the faid David by him Replication to fecondly above pleaded as to the faid trespass above anew affigned, plea to new asand acknowledged to have been committed by the faid David, fignment. faith, that he, by reafon of any thing by the faid David in that plea above alledged, ought not to be barred from having and maintaining her aforefaid action thereof against him, because the faith, there is no fuch record of the recovery against the said Mary remaining in the faid court of our faid lord the king, before his juftices of Chefter, at Chefter aforefaid, as the faid David hath above in his faid laft-mentioned plea in that behalf alledged; and this, &c.; wherefore inafmuch as the faid David hath above acknowledged the committing of the faid trefpafs above anew af. figned, the the faid Mary prays judgment and her damages, by her fuftained on occafion of the committing thereof, to be ad judged to her, &c.: And as to the faid plea of the faid David by hin laftly above pleaded as to the faid trefpafs above anew affigned, and acknowledged to have been committed by the faid David, the faid Mary faith, that fhe, by reafon of any thing by the said David

in

in that plea above alledged, ought not to be barred from having and
maintaining her aforefaid action thereof against him, because pro-
testing that the the said Mary did not implead the faid David the
defendant in manner and form as the faid David hath in his faid
laft-mentioned plea in that behalf alledged: for replication in this
behalf the faid Mary faith, that there is no fuch record of the re-
covery against the faid Mary remaining in the faid court of, &c.
as the faid David hath above in his faid laft plea in that behalf al-
ledged; and this, &c.; wherefore inafmuch as the faid David
hath above acknowledged the committing of the said trespass above
anew affigned, the the faid Mary prays judgment and her damages,
by her fuftained on occafion of the committing thereof, to be ad-
judged to her, &c.
WM. BALDWIN.

breaking plaintiff's clofe, and

that

fame.

III. TO REAL PROPERTY.

Declaration in MIDDLESEX, to wit. J. F. complains of T. N. W. A. trefpafs for and J. B. being, &c. in a plea of trefpafs; for that they the faid the defendants heretofore, to wit, on, &c. with force and arms, &c. broke and entered a certain clofe of the faid defendant called A. pulling down the fences fituate, lying, and being in the parish of, &c. in the county of, inclofed &c. and then and there broke down, pulled down, demolished, fpoiled, and deftroyed a great part of the chain and fence of the faid J. that is to fay, fifty yards in length of the faid chain and fence of the faid plaintiff there then being and enclosing and fencing in the faid close of the faid plaintiff, and then and there trod down, trampled upon, confumed, and spoiled the grass of the faid plaintiff there then growing and being, and then and there broke down, pulled down, rooted up, and deftroyed the trees and shrubs of the faid plaintiff, to wit, forty elm trees, &c. of the faid plaintiff then ftanding and being in the faid close of a large value, to wit, of the value of fifty pounds of lawful money of Great Britain, and other wrongs, &c. against the peace of, &c. and to the damage of the faid plaintiff of one hundred pounds; and therefore he brings fuit. F. BOWER.

Declaration in

The injury here complained of is local, and must be laid in the proper county.

Hilary Term, 29. Geo. III.

SOMERSETSHIRE, to wit. T. V. by A. B. his attorney, trefpafs vi et ar- complains of J. N. gentleman, one of the attornies of his mamis against an; attorney of the jefty's court of the bench, prefent here in court in his own proper court of e. B. perfon of a plea of trefpafs; for that the faid John heretofore, breaking to wit, on, &c. at, &c. with force and arms, &c. broke and plaintiff's orch

for

ard, feizing his apples, entering his barn, feizing his wheat and calves, and detaining the same till he obliged plaintiff to give an undertaking in writing to pay a sum of money.

I

entered

entered the close of the faid plaintiff called the Orchard there
fituate, and then and there seized and took poffeffion of divers, to
wit, twenty cart load of apples then being in the faid orchard,
the property of the faid plaintiff of a large value, to wit, of the
value of fifty pounds of lawful money of Great Britain, and then
and there with force and arms, &c. broke and entered the barn of
the faid plaintiff there alfo fituate and being, and then and there
feized and took poffeffion of the goods, castle, and chattels, to wit,
twenty cart loads of wheat in the ftraw, to wit, twenty cart loads
of wheat thrashed out, twenty cart loads of wheat ftraw, and
twenty calves of the faid plaintiff there then found, and being in
the faid barn of a large value, to wit, of the value of fifty pounds
of like lawful money, and he the faid defendant then and there
wrongfully, with force and arms, &c. kept and detained the pof-
fion of the faid apples, cattle, goods, and chattels, and alfo of the faid
clofe and barn from thence continually for a long time, to wit, for
the space of twelve hours then next enfuing, and until he the faid
plaintiff, to obtain a reftitution of the fame, was forced and ob-
liged to fign and give, and did then and there fign and give to the
faid defendant an undertaking in writing to pay a large fum of
money, to wit, the fum of
pounds at a future day, by rea-
fon of which faid premises he the faid plaintiff not only fuffered
and was put to great inconvenience and lofs of time in looking
after and in procuring the faid defendant to relinquish and give
up the poffeffion of his faid clofe, barn, cattle, goods, and chat-
tels, but also in confequence thereof divers of the neighbours
and friends of the faid plaintiff to whom the faid trefpafs was
known, vehemently fuppofed the faid plaintiff to be in bad circum-
ftances, and that he was fubject by law to be diftrained upon for
rent in arrear, and that his property was liable to be taken in exe-
cution for debt, whereas the contrary was the fact, to wit, at, &c:
And alfo for that he the faid defendant heretofore, to wit, on, &c.
at, &c. with force and arms feized and took other the goods and
chattels, to wit, twenty cart loads of wheat of the said Thomas
there then found and being of a large value, to wit, of the value
of one hundred pounds of like lawful money, and kept and de-
tained the fame, and converted and difpofed thereof to his own ufe,
and other wrongs to the faid plaintiff then and there did, against the
peace of our lord the now king, and to the damage of the faid
plaintiff of one hundred pounds; and therefore, &c. T. BARROW.

I have inferted the fecond Count, that he plaintiff, if he recover less than forty

fhillings damages by taking a general ver-
dict, may fecure his cofts. T.BARROW.

Declaration

ant (and other

un

for

MIDDLESEX, to wit. George Bell complains of George Thompson being, &c.; for that he the faid G. T. together with gainst defenddivers other perfons whofe names are unknown to the faid G. B. perfons heretofore, to wit, on, &c. with force and arms, &c. broke and known) entered a certain meffuage or dwelling-houfe of him the faid making a noile G. B. fituate in the parish of, &c, in the faid county of Middle in the houfe of fex, ing down the

plaintiff, break.

ftairs, &c. &c.&c.

Declaration in

rabbit holes, and

fex, and then and there made a great noife and disturbance therein, and ftaid and continued in the faid houfe making and continuing fuch noise and difturbance therein for a long fpace of time, to wit, for the fpace of four hours, and during that time there forcibly pulled down, broke down, proftrated, and deftroyed a great part of the ftairs, bannifters, and rails of and belonging to the faid house, and took and carried away the fame, and the materials thereof coming, and by reafon of fuch feveral premifes greatly damaged and injured the faid meffuage or dwellinghoufe of the faid G. B. and rendered the fame out of repair, and during all the time aforefaid interrupted and difturbed him the faid G. B. in the peaceable and quiet poffeffion of his faid houfe, and in the exercife of his trade and bufinefs of a victualler thercin: And alfo for that he the faid G. B. afterwards, to wit, on, &c. with force and arms, &c. broke and entered a certain other meffuage or dwelling-houfe of him the faid G. B. there fituate and being, and then and there made a great noife and difturbance in the fame: And alfo for that he the faid G. T. with force and arms, afterwards, to wit, on, &c. with great force and violence, pulled down, &c. the fairs, &c. of and belonging to a dwelling-houfe of him the faid G. B. called the Cross Keys in Long Acre, and injuriously and unlawfully took and carried away the fame, to wit, at, &c. to the damage of faid G. R. of one bundred pounds; and therefore, &c. &c.

V.LAWES.

SHROPSHIRE, to wit., John Wright complains of Richard treipaf, for en- Black being, &c.; for that the faid Richard heretofore, to wit, tering plaint ff on, &c. and on divers other days and times between that day and clofe, making the day of exhibiting the bill of the faid John, with force and cutting to pieces arms, &c. broke and entered a certain clofe of the faid John fituate, a net placed for lying, and being in the parish of H. in the faid county of S. and the taking of the then and there with feet in walking, trod down, trampled upon,

rabbits.

crushed, and fpoiled the grafs and corn, to wit, wheat, barley, rye, peafe, beans, and oats of the faid John there then growing and being in his faid clofe of a large value, to wit, of the value of twenty pounds of lawful, &c. and then and there, by and with divers large quantities of rabbits and conies, crushed, eat up, confumed, and spoiled other the grafs and corn, to wit, wheat, &c. of the faid John then alfo growing and being in his faid clofe of a large value, &c. of like, &c. and then and there dug, fubverted, turned up, damaged, and injured the earth and foil of the faid John in and of his faid clofe, and alfo then and there dug and made divers, to wit, one hundred holes and burrows for rabbits and conies in the faid clofe, and thereby then and there greatly damaged and injured the faid clofe, and the earth and foil thereof, and incommoded and disturbed him the faid John in the poffeffion and occupation thereof, and at one of thofe times, that is to fay, on, &c. cut to pieces, damaged, fpoiled, and deftroyed a certain

nct

net of the goods and chattels of him the faid John of a large value, to wit, of the value of five pounds of like lawful money, then and there lawfully fet, laid, and placed in his faid clofe for the catching and deftruction of rabbits, doing damage there to his faid cofe, and thereby then and there hindered and prevented him the faid John from fo catching and deftroying the faid rabbits: And alfo for that the faid Richard afterwards, to wit, on, &c. at, &c. with force and arms, &c. cut to pieces, damaged, and wholly fpoiled a certain other net of the goods and chattels of him the faid John there then found and being of a large value, &c. and other wrongs to the faid John then and there did against the peace of our lord the king, and to the damage of the faid John of one hundred pounds; and therefore he brings his fuit, &c. &c.

V. LAWES.

in entering into plaintiff's land as well as
for cutting the net, 1 doubt whether
much will be made of the former, but if
the latter can be eftablished it will be
fufficient to carry the cofts, however trif
ling the damages.
V. LAWES.

Michaelmas Term, 23. Geo. III.

water. Affault

YORKSHIRE, to wit. C. H. complains of J. W. and Declaration in G. W.; for that whereas they the faid defendants heretofore, to trefpafs against wit, on, &c. and on divers other days and times between that defendants, for into day and the day of exhibiting the bill of the faid plaintiff against breaking clofes, mowing the faid defendants, with force and arms, &c. at, &c. in, &c. the grafs, and broke and entered a certain clofe of the faid plaintiff called, &c. carrying away there fituate and being, and with their feet in walking trod down, the fame, also trampled upon, crushed, damaged, injured, and spoiled, as well taking away a the grafs of him the faid plaintiff there then growing, as alfo large quantity of other the grafs of the faid plaintiff then and there being in the faid on plaintiff, clofe, mowed and cut down, of a large value, to wit, of the va- throwing water lue of fifty pounds of lawful money of Great Britain in the whole; at him, spoiling And alfo for that the faid defendants, on and between the day firft his clothes, &c. above-mentioned and the day of exhibiting of the bill of the faid plaintiff against the faid defendants, at, &c. with force and arms, &c. feized and took divers, to wit, one thoufand gallons of water of the goods and chattels of him the faid plaintiff there then found, and being of a large value, to wit, of the value of twenty pounds of like lawful money, and carried away the fame, and converted and difpofed thereof to their own ufe: And alfo for that the faid defendants heretofore, to wit, on, &c. at, &c. with force and arms, &c. made an affault upon the faid plaintiff, and then and there beat, bruifed, wounded, and ill-treated him, and then and there dragged, pulled, and hauled him about from place to place there with great force and violence, and then and there flung, caft, and threw at, upon, and over him the faid plaintiff, and upon and over his clothes and wearing apparel, which he then and there had on and cloathed with, divers large quán

VOL. IX.

H