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VOL.
IX.
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affignment, general iffue, and fimiliter. (See Plea, Licence in Law, ante, and declaration and plea, p. 98, 99.) 122. Replication and new affignment to plea of juftification under a fri facias and warrant by fheriff's officer, that trefpaffes were committed at other times. (See Plea, p. 126, with other pleas.)

178. Plea to novel affignment, and iffue. (See p. 173. 176.) 187. New affignment (to common bar, and colour given) that plaintiff brought his action against defendant for entering a clofe called A. and not clofe B. as fuppofed in the plea, p. 184. Replication. &c.

293.

188.
192. New affignment to pleas of juftification, right of com-
mon of pafture; that locus is another and different clofe
from the clofe mentioned in defendant's plea, and not
parcel of the manor. Rejoinder, taking iffue on the
traverse. Plea to new affignment; ft. General iffue ;
2d, that it is the fame close, and ftating the abuttals.
Replication to new affignment, fimiliter to general if-
195. fue. Rejoinder and poftea. (See p. 189, &c. for
pleadings and poftea.)

244.

243. Replication, new affignment, that plaintiff brought his action not only for trefpaffes confeffed, but alfo for breaking clofe, treading down corn. &c. otherwife than using a way; and as to trefpaffes confeffed, de injuria, &c.; traverse of right of way. Rejoinder, non cul. to new affignment; iffue on the traverse. 238. Replication, de injuria; traverfing highway and right of 239. way, with new affignment. Rejoinder, iffue on the traverse, and non cul. to new assignment on plea, &c. P. 236.

249.

248. Replication, new affignment to first plea, and de injurix. Plea to new afflignment. Replication to plea to new affignment, protetting no fuch way. (See Plea, &c. p. 244.)

250.

323. Replication and new affignent to plea to trefpafs for
entering closes, &c. that inhabitants of a parish have
by custom to perambulate parith boundaries every
year to mark the limits. (See Plea, p. 320.)
349. Replication and new affignment to affault and imprifon.
ment, not only, &c. but for imprifoning on other
occafions, and confining him in a damp cellar. To
zd plea, de injuria. (See Plea, &c. p. 348.)
369. Plea (to trefpafs for entering clofe, confuming turnips,
and with carriages fubverting foil), that A. B. was
feifed in fee of a piece of land which he demifed to
the defendant, in right of which he was entitled to a
way over locus; and because the plaintiff had plough-
ed up the ufual way, had affigned another, whereupon
the defendant entered the latt-mentioned way with
horfes and carriages, and in fo doing did unavoidably,

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VOL.

1X.

Fag:

385.

396.

397. 401.

406.

&c. Another plea for common of pasture, fetting out
a particular custom Various other pleas. Repli-
cation to fecond plea, traverses cuftom. 3d plea,
traverses cuftom; 2d plea, protefting no fuch way;
traverses affignment of another way. To third plea,
protesting no fuch way in other premifes; traverfing af
fignment of another way. To fourth plea, de inju
ria, &c. and iffue to fifth plea, protesting no fuch cuf-
tom (as fet out) in other premises, traverses cuftom
there. To fixth plea, protefting no fuch custom in
lands lying difperfedly in, &c. and defendants de inju-
ria, &c.; traverfes cuftom to feventh plea, de inju-
ria, &c.; traverses cuftom to eighth plea, de injuria,
&c. traverfes cuftom. New affignment to all the pleas,
bill exhibited not only for all trefpaffes to be juftified,
but for other trefpafies at other times, &c. Rejoin-
der, plea to new affignment; 1ft, not guilty; 2d,
custom preferibes in a que estate to have common of
pafture after corn cut, &c. and hained up and fenced
off to prevent cattle raying; ftates demife to defen-
dant, who as fervant, &c. entered with, &c. Third,
fimilar. Replication to plea to nerv affignment, and
iffue to both pleas.

New affignment of a treipafs in a different part of the clofe
called the C. to wit, thirty-fix acres thereof, part of the
glebe land of the rectory of M. of which plaintiff was te-
nant in poffeffion. 2d Count of new affignment, adopts the
3d Count of declaration; as to refidue of trefpafs in the
2d plea, plaintiff admits that the place called the C. con-
tains one hundred and forty acres, and except thirty-fix
thereof is the freehold of defendant; but fays, that j. D.
before the faid time when, &c. was tenant for life of faid
clofe, except, &c. and defendant was feiled in freehold of
the reverfion, and demifed by leafe of J. D. and confirma-
tion of defendant to plaintiff for twenty-one years, plaintiff
entered and was poffeffed during the term; ftates a custom in
the parish of M. for every way-going tenant to enter and take
his way-going crop, and claiming the corn in the first count as
fuch, and that defendants de injuria,&c. took it. Replication to
3d plea, as to cutting an carrying away the corn in the 5th
count, and the goods, &c. in the 6th, except the hay and
grafs, parcel thereof, fame as replication to the fecond
plea. States a fimilar cuflom in the parish of H. de injuria,
&c. New aligament as to the feizing, &c. of the goods,
&c. in the lixth Count, except the hay and grafs, parcel
thereof, fays, that thofe goods, &c. were no part of the
goods, &c. in the third plea mentioned. Rejoinder, giv-
ing judgment by nil dicit on the first new affignment, pro-
testing against the fufficiency of the first replication; tra-
verfes the first cuflom as fet out in the firft replication, con-
cludes to the country. Similiter, fimilar. Rejoinder to

PRECEDENTS Books of PRACTICE, REPORTERS, &C.

fecond

fecond replication; traverse of the custom in the fecond replication. General iffue of not guilty to the latt new affignment. Similiter. Award of venire. Award of nifi prius, New alignment (to plea by two defendants to trefpaís for falfe imprisonment, an arreft on the mefne procefs as bailiff), that defendant voluntarily releafed plaintiff with the confent of the other defendant (plaintiff in the original fuit), and afterwards imprifoned plaintiff,

New affignment, that defendant ufed the way, and fixed waggon frame ways over plaintiff's clofes at other times and on other occafions, and for other purposes than mentioned in indenture and grant of the waggon way pleaded, and repaired and amended at improper and unfeasonable times not mentioned in the grant; and that as to another way in fecond plea pleaded, no part of it was within the premises mentioned in the faid indenture,

PRECEDENTS in BOOKS of PRACTICE, REPORTERS, &c.

Pl. Af. 407

2. T. R. 172

1. T. R. 552

Not guilty to new affignment, Ra. Ent. 632. Co. Ent. 289. 2. Co. 18, Special plea to new affignment, Ra. Ent. 608. Her. 707.

To part of trefpaís, 3. Br. 401.

That defendant, feifed as well of the close in the new affignment as of the adjoining close, demised the clofe in the new affignment, except the privilege of making hedges, and carrying away wood, Wi. Ent. 997. Her. 723.

Plea as to part of trefpafs in the new affignment, not guilty, and to refidue tender of amends, 2. Bro. 278. As to part of lands in the new affignment, preferibes in right of way as to the other part, licence, 3. Br. 441.

Plea by one defendant to trefpafs in one piece of land in the new affignment, not guilty, and special plea to another part; the other defendant to trefpafs in piece of land, not guilty, to the other a fpecial plea, Co. Ent. 652.

Plea to trefpaís againft A. B. C. and D. feverally not guilty to part after new affignment, and to the other part feverally plead specially. Replication, feveral to pleas by A. B. and C. and two replications to plea of D. Rejoinder to replications by A. B. makes three rejoinders, C. four, and D. four to the replications. Surrejoinder to plea of A. and makes three furrejoinders to plea of B. and four to plea of C. and three to plea of D. Defendant demurs to two furrejoinders, and plead to iffue to fome, and plead over to others. Demurrer to rebutter, Co. Ent. 280. New affignment of a meffuage called, &c. Wi. Ent. 982. Of meffuage or inn called the George Inn in S. Bro. Vad. 437. One houfe in S. and one clofe called G. and another clofe called M. Wi. Ent. 985. Of meffuage and lands, 988. 2. Co. 5. Of feveral meffuages and lands, Co. Ent. 272. Of meffuage and clote containing, &c. Co. Ent.645. Of clofe called Tadpole, Wi. Ent 992. Called Sling, Tho. 323. Of one clofe called C. containing, &c. Wi. Ent. 63. One cartilage, 3. Br. 474. Two pieces of pafture called, &c. . Bro. 354. Of land, whereof one, &c. Wi. Ent. 971. Of a piece of land called, &c. Co. Ent. 648. Two pieces of land, 652. One clofe in D. containing, &c. 2. Bro. 52. 254. 256. 275. Of five acres of land called L. abutting, &c. 278. Of three acres and an halt, 256. Three acres called P. Bro. Met. 377. Of four acres called S. in the parish of, &c. Wi. Ent. 995. Of a piece of land lying, &c. in the pafture clofe, and another piece of land, 1. Bro. 331. Of one hundred acres of marth lying, &c. Ra. 608. Plo. 253. 437.

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437. Of land, Ra. 624. Of land called L. and forty acres of pafture called M. Afb. 437. Of two hundred acres of land called A. B. C. &c. Upp. 186. Three acres of meadow called B. and feveral fishery in water of A. on the east side of those three acres of meadow, Dy. 267. Of moiety of parcel of land in the bar abutting, &c. Vet. Int. 235. Of two hundred acres of furze, parcel of two hundred and fifty acres in the bar, Upp. 138. One clofe of land called, &c. 2. Bro. 247. Cal. led Millfield, 2. Lut. 1468. Meadow called Whitehead, and another called Ven bayes, 2. Bro. 259.262. Wi. Ent. 967. Land, 2. Bro. 271. 273. Pasture containing &c. and another clofe in B. and another in D. 275.

Of a piece of land containing, &c. The. 317. Clofe of pafture called W. L. Wi. Ent. 961. Two felionibus of pasture containing, &c. Half an acre of land called a half parcel of a certain great meadow called B. Bro. Vad. 424. Close, &c. Bro. R. 501. Clofe of pafture, &c. 503.

Plea of not guilty to new affignment, 1. Bro. 331. 2. Bro. 276. Ro. Ent. 457. Not guilty to part, common bar to refidue and new affignment there, 1. Bro. 348. 2. Bro. 252. 254. 271. 273. 3. Br.400. 474. Not guilty to part of new affignment, fpecial plea to refidue, 2. Bro. 271. 276. New affignment to part, fpecial bar to refidue, Co. Ent. 651.

Plea to new affignment, that the clofe and loci in quibus were within the parish of S. K. and were titheable, 2. Bro. 271.

Plea fpecial under a demife for year, and gives colour to plaintiff by deed of demife for life. New affignment thereon, and fame plea to new affignment, Wi.Ext. 1000. Her. 715.

New affignment after special plea to the whole trefpafs, and not guilty to the new af fignment, Ra. 579. 626. 641. 647. Vet. Int. 100. 191.

Plea fpecial of title. New allignment and plea in bar thereto, and prefcribes in right of way, Upp. 186.

Replication to fpecial plea, that loci in quibus, &c. are as well the locus in the bar as the other called C. and the Brow of the Hill, &c. Special replication to defendart's feveral pleas, Upp. 148.

Plea to ne affignment, is called as well by one name as another, lying in faid K, being a hamlet within the parish. 3. Br. 418.

PLEAS in

1. DENIAL of TRESPASSES.

ift, General.

2d, Special, by denying Plaintiff's Marriage.

2. DISCHARGE.

Plea, not guilty in trefpafs and in afault,

Plea, 1ft, not guilty to the whole. 2d, That the trefpaffes, &c. in the firit, fecond, and third Counts are the fame, and all relating to the clole in the first Count, which is defendant's freehold, therefore he and the other defendant as his fervant juftify, &c. except as to thirty-fix acres thereof. 3d Plea fame as 2d to fifth and fixth Counts, omitting the fourth,

PRECEDENTS in
BOOKS of PRACTICI,
REPORTERS, &c.
1. R. P. C. B. 148

Pl. Aff. 400

Pleas

Plea, not guilty, 1. Bro. 218. 345. 2. Bro. 125.282. 2. Lut. 1302. Clif. 728.729. Bro. Met. 382. Cl. Aff. 160. 2. Mo. Int. 310, 1. Inft. Cl. 64. 261. Cl. Man. 393Han. 212. Tho. 423. 426. Ra. Ent. 661. 667. 669. Co. Ent. 76. At the fuit of the king, Ra. Ent. 662. Not guilty by one, fpecial juftification by another, 2. Bro. 282. Special juftification and traverfe, and traverses that he is guilty in the form in the declaration, Ra. Ent. 617.

Plea, that trefpafs was between the diffeifin and re-entry, Ra. Ent. 629. 648. Not guilty, except with certain cattle at certain times on a fpecial prescription of common, Co. Ent. 675.

Plea, by one to part of trefpass, and by the other to the whole, not guilty, Vet. Int. 188.

Not guilty to part, and as to eating the grafs with fheep defendant pleads that fervant keeping the fheep flept fub fubo, per quod the theep ftrayed into the locum in quo, and fervant waking chased them out. Plaintiff prays judgment, but cesset till trial had, Ra. Ent. 637.

Plea, not guilty by A. of trefpafs, (to a declaration against A. and B.) Ra. 340.

Not guilty to part, and pleads over to the refidue, Lev. Ent. 175. 178. 188. 191. 194. 196. 3. Lev. 88. 109. 194. 1309. Tho. 432.

1. Accord and Satisfaction.

VOL. IX. Page

13. Plea (to declaration for crim. con.) accord and fatisfaction. Replication, that defendant was to have entered into a bond, &c. but never complied with the agreement. (See Declaration, fame page.) 268. Plea (to declaration for entering clofe, fpoiling grafs, carrying away water, &c.), that defendant delivered a quantity of ftraw equal to ftraw taken in fatisfaction, which plaintiff accepted. (See other Pleas.)

269.

270.

2. Release.

15. Plea to declaration for a violent affault of a general release.

RELEASE ACCORD JUDGMENT RECOVERED ARBITRATION.

Plea of release in trefpafs, puis darrein continuance put in at

the affizes,

Plea (to trefpafs for breaking and entering plaintiff's clofe), that the plaintiff and defendant agreed to fettle all matters in difpute, and to bind themselves in a penalty not to fue each other. Demurrer,

Plea (to trefpafs for taking plaintiff's cattle), as to force, not guilty; to refidue, a judgment recovered by default in the wapentake of Strafforth, in Yorkshire, for the fame

PRECEDENTS in Books of PRACTICE, REPORTERS, &c.

Bull. Ni. Pri. 310.

5. T. R. 141.

fum,

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