VOL. Page 55. fieri facias on a judgment recovered in affumpfit. 351. Plea (to tre pals for affaulting and imprifoning plain- 352. Plea, that capias ad refpondendum iffued out of C. B. directed to the sheriff of Surry, that sheriff made out his warrant to defendant as bailiff, and therefore he entered. 352. Plea, that one defendant as bailiff of mayor, &c. of London of their manor of S. and others in their aid, took plaintiff's goods by virtue of a warrant from the conftable of the manor, to levy fine of one hundred fhillings imposed upon plaintiff for contempt in refufing to be a fcavenger, 1. Bro. 346. Plea (to the entry into the houfe and taking the goods), a recovery in the borough court of R. and a precept of fieri facias, and another judgment in the fame court on a non profequi against plaintiff, and a precept of levari facias to the ferjeant at mace directed, per quod the one as ferjeant, and the other in aid, entered the doors, being open, and made execution. Replication, that at the time of the entry the doors were locked, and traveries that they were open. Rejoinder, that the doors were open, and ifipe, Lev. Ent. 176. Verdict for plaintiff, and judgment ftayed for uncertainty of one parcel, &c. 2. Lev. 195. Juftification as ferjeant at mace of the city of W. taking a piece of cloth by virtue of a precept from a court of record there, to make execution by fieri facias, &c.; to the refidue pleads a recovery in the faid court for forty pounds, at the fuit of one of the defendants, &c. Replication, de injuria, and traveries the record. Rejoinder, that there is fuch a record, Lev. Ent. 196 2. Lev. 243. Juftification taking sheep and lambs in exccution for debt on a recovery before the fheriff in the county court by juftices, Lev. Ent. 212. Plea (to trefpafs until payment of a fine), a fuit in county court against plaintiff and others in replevin; fummons, appearance, and cognizance as bailiffs of earl of A. and plea of freehold, and further procefs in the county court, iflue and verdic against the now plaintiff, and levari facias awarded to the baili, per quod, &c. Demurrer and judgment for plaintiff. Judgment in the county court being void after plea of freehold, 3. Lev. 194. Plea (to trefpafs for taking of a gelding and a cow), juftification by fieri facias on a judgment in the county court, and judgment for plaintiff; 1ft, for that the names of the fuitors, &c. were not expreffed; 2d, no plaint entered; 3d, the recovery is pleaded against the husband only when the action was against the husband and wife, 2. Lut. 1531. Plea to declaration for taking of goods, justification by a levari facias out of the hundred court. Demurrer, 2. Lut. 1369. Plea (to trefpals against J. and P.), that W. took cattle of J. who complained to the fheriff of the county, he made his warrant to faid P. his bailiff to replevy the cattle, who entered by the doors of the house into the close, and delivered the cattle to the faid J. and traverfe that he is guilty before the day, Ra. 659. Vet. Int. 163. That J. atfirmed his plaint against plaintiff for taking his cattle, warrant of replevia. Return cattle cloigned; warrant of capias in withṛrnam to cetendant who took the cattle. Replication, de injuria, and traverfes warrant of taking cattle in withernam, Ra. 683. Vet. Int. 159. Plea (to trefpafs for breaking close and taking a cow), against two, by one as tithing man, the other as fervant of the owner of the cow, by warrant of replevin. Replication, de injuria, 3. Br. 423. Plea by bailiff of a manor under a precept of levari facias by the fteward, to levy fix pounds forfeited to the lord by the plaintiff, for receiving inmates into his cottage, Co. Ent. 665. Plea (to trefpafs for taking goods), act of parliament of H. 7. against the adherents of R. 3. Ra. 665. Vet. Int. 185. That defendant recovered lands in the manor court by writ of right close, in the nature of a writ of affize of novel diffeifin, and upon feifin obtained took goods there damage feafant. Replication, de injuria, &c. and traverses the recovery, 1. Br. 183. Plea by two, not guilty as to entering the houfe. Juflification by an babere facias poffeffionem on a judgment in ejectment, and traverfe that they are guilty before the delivery or after the return of the warrant; and to taking and carrying of the goods, they plead a plaint levied in the Poultry Counter against the plaintiff, and procefs thereon, and an attachment of the goods of the plaintiff in the hands of C. M. with an appraisement, and judgment, and traverfe that they are guilty before or after vel alio modo. Demurrer, Lev. Ent 181. Plea (to taking and carrying away a gelding and mare), to all except the taking and carrying away not guilty, and to thofe juftification by fheriff's warrants on three feveral judgments in the county court. Demurrer, and judgment for plaintiff after feveral objections, 2. Lut. 1410. Plea (to declaration for taking and detaining cattle till he paid ten pounds feventeen fhillings), not guilty by one; juftification by other defendants, taking by virtue of the three feveral levaries on three several judgments in the hundred court, at the fuit of one of defendants; and others for the detainer until, &c. and plead that the bailiff being one of the defendants, at the request of the other, took the cattle, and detained for default of purchasers, till plaintiff had paid ten pounds feventeen fhillings, viz. ten pounds ten fhillings and ninepence for the damages recovered,. and fix fhillings and threepence for the neceffary charges to keep the cattle. Demurrer; and the court agreed that fix fhillings and threepence was reasonable, &c. 2. Lut. 1439. Plea (to trefpafs for breaking houfe at Norwich, and taking and carrying away goods, and detaining them), non cul. to part; justification to refidue, on another day than in the declaration, by an attachment for goods, on plaint of debt for forty pounds, levied in the court held before the sheriff of Norwich, &c.; that plaintiff appeared at the return of the precept, and goods were delivered to him; averment that they are the fame, traverfing guilty in any other manner. Demurrer. Judgment for plaintiff, and traverfe (as merely furplufage) being bad especially fhewn for caufe does not extend to the time," 2. Lat. 1452. Plea (to declaration against two for taking a horse), nil dicit by one; juftification by the other under an attachment of goods to arfwer out of an inferior court, created by letters patent. Demurrer, and judgment for plaintiff; for that by the letters patent all procefs is to be directed to the ferjeant at mace, and executed by him, and the attachment was directed to him and the other defendant C. and executed by C. 2. Lut. 1461. Plea (to declaration for taking and carrying away a mare) of juftification by levari on a judgment in a court baron. Demurrer, and objected that it was not alledged before what perfons the court was held, or that it was held in the faid county; and judgment for plaintiff, 2. Lut. 1524. Plea, that defendant took the cow and heifer by levari facias on a judgment in the hundred hundred court at the fuit of A. and a perfon who claimed property in the cow had delivery by affent of plaintiff, and defendant fold the heifer, and delivered the money to plaintiff. Replication, de injuria, 1. Bro. 338. Juftification by bailiff of a manor of taking away the goods by precept iffaing out of a court of record, Tho. 331. Like juftification under a levari facias, by the fteward to levy money on a judgment in the honour court, Tho. 333. Like, by precept in nature of a fieri facias on a judgment in the hundred court, Wi. Ent. 994 That plaintiff took the cattle of J. who complained to the fheriff of the county, who made a warrant to the bailiff to replevy the cattle, who broke a piece of the hedge of the clofe, and by the way drove the cattle to deliver to him, Wi. Ent. 378. Plea (to taking cattle), by warrant to replevy made to defendant by sheriff. Replication, that plaintiff at the time of the taking claimed property. Rejoinder, that plaintiff claimed property in other cattle in the writ, Bro. R. 475. 1. Br. 169. Plea by defendant T. that the defendant P. was poffessed of heifers and one calf, and plaintiff unjustly took them out of his poffeffion, on which P. made a complaint, who made a warrant to defendant to replevy, &c. and that he entered in the faid close and chafed the faid heifers, being between other beafts in the faid close, &c. Demurrer, 2. Lut. 1372. Juftification under a warrant out of the court of the bishop roffen. directed to defendant to arrest plaintiff, Bro. Vad. 485. Plea by under fieriff, for levying expences of knights in parliament, Ra. 664. Vet. Int. 158. Plea by abbot (to taking cattle), that he took the cattle for money unpaid affeffed upon the abbey, and the fifteenth granted by parliament. Replication, that he paid the money taxed by the clergy of the province of Canterbury by prefcription, and traverse that the lands were given after 20. E. 3. Ra. 670. Juftification, taking cattle for two fhillings unpaid by plaintiff for money taxed on the fifteenth granted by parliament. Replication, that he paid the money before the trefpafs committed, Ra. 671. Vet. Int. 173. 242. Like juftification of eleven fhillings affeffed on abbey for lands. Replication, that he was taxed with the clergy for the whole manor, whereof, &c. Rejoinder, that abbot is rector of the church, and had glebe for which he was taxed with the clergy. Demurrer, Ra. 67:. Vet. Int. 173. That he took a cow on a levari facias on a judgment in the hundred court. Replication, nul tiel recovery, 1. Br. 168. Her. 719. That S. levied a plaint against plaintiff in the hundred court in debt, fummons, declaration, wager of law, default, judgment for plaintiff, and fieri facias executed. Replication, no fuch recovery, Ra. 669. Vet Int. 166. That as to one cow J. affirmed his plaint in debt in the hundred court, fummons, and attachment awarded, and cow taken by bailiff of the hundred; to the other cow and horfes, that plaintiff held lands by doing fuit to the hundred on notice, and defendant took them for not doing fuit. Replication to 1ft plea, de injuria, &c.; to 2d, that defendant milked the cow, and worked the horfes, Ra. 668. Vet. Int. 156. Plea, that the king, feifed of the manor, had a court baron, and demifed the cufto dy of the manor and agillment of the park for years, and J. affirmed the plaint in trefpafs against plaintiff, whom defendant, being bailiff, attached by hories thereupon. Replication, de injuria, Ra. 667. Upp. 227. That J. affirmed his plaint against plaintiff in the manor court for taking cattle, process continued to diftringas, and goods thereupon diftrained by bailiff, and tenants of the manor came to his aid. Replication, de injuria, Ra. 668. Va. Int. 174. That That defendant was fhooting with a long bow at marks, and plaintiff came negligently near the marks, and there against the will of defendant was wounded in the feet with an arrow, 1. Br. 188. That he did not knowingly keep dogs accustomed to bite fheep, Wi. Ent. 1004. Afb. 15. Plea (to trefpafs for taking and immoderately riding and working a gelding), that bailiffs of the city by command of the king's privy council to apprehend traitors, fent defendant with the gelding to conduct the king's meffengers on their way to London, to give notice of their apprehenfion. Replication, de injuria, &c. 3. Br. 452. Replication to plea, that R. pledged goods to plaintiff for twenty pounds, on condition that if he did not pay twenty pounds before a certain feast-day goods should remain to plaintiff as goods fold; R. did not pay, and defendant de injuria, &c. and traverse that plaintiff pledged to defendant, Pl. Gen. 603. Amicable Contest. Qu. (18.) Plea to deftroying the grafs mutual discharges. To affault, it was agreed to wrefle for ten fhillings, and defendant molliter manus impofuit in wrestling, 2. Bro. 145. VOL. IX. Page 1. Without Process. (19). 1. As Individuals. 2. Officers, and in Aid of them. 27. Plea as to imprisoning plaintiff, that he was making a great noife, and that defendant, for the prefervation of the peace, charged a conftable with plaintiff, that he might be carried before a juftice of the peace, and because it was Sunday neceffarily was detained. And as to affault, defendants, in aid of the conftable, molliter manus impofuerunt. (See Declaration and Pleadings, p. 21, &c.) 331. Plea, that plaintiff had felonioufly ftolen fome feathers, 331. Plea of juftification to trefpafs and falfe imprisonment, VOL. XI. Page 342. defendant is the porter of New Inn, and appointed 344. Plea (to affault and imprisonment), that defendant was 345. Juftices of Peace.-Goalers. 5. Plea (to declaration for affault, battery, wounding, imprifoning, &c.) ift, not guilty. 2d, that plaintiff was committed by the judge of affize to the house of correction, whereof defendant was keeper, to be imprifoned for a year; that he was mutinous, and justifies all the, trefpafs but the maiming; moderate correction, and molliter manus impofuit. Replication, de injuria, &c. and new affignment. (See Declara tion, p. 4.) 6. 69 9. 346. Plea, cuftom of city of London at a wardmote to appoint perfons to infpect houfes of ill fame, and defendants fo appointed entered house, &c. as they lawfully might. 2. Under Legal Process. Plea of juftification of an affault, defendant being mafter of PRECEDENTS in Books of PRACTICE, 2. R. P. C. freth |