3. Diftrefs for ufing Engines, &c. to deftroy Game contrary VOL. Page to Law. 364. Plea (to trefpafs for an affault and taking away a net), that A. B. was feifed of the manor of A. and appointed defendant his gamekeeper, and plaintiff not being qualified molliter manus impofuit to feize the net. Plea of juftification by entry into the houfe, and taking a gun of plaintiff by statute 22. & 23. Car. 2. c. 25. for prefervation of game, 2. Lat. 1502. Plea in Excufe and Juftification of Trefpafs to Real and Perfonal Property, by LICENCE. VOL. Page 1. In Fact (15.) PRECEDENTS in BOOKS of PRACTICE, REPORTERS, &c. 24. Plea to new affignment; ft, not guilty; 2d, leave and licence. Replication, iffue on licence. 114. Plea (to trefpafs for entering clofe, &c. p. 113) leave and licence to enter clofe. Replication, and iffue on the licence. 116. 119. Plea (to declaration for entering dwelling-house, &c. 264. Plea (to declaration for entering clofe, fpoiling grafs, 267. 268. 269. veral pleas of licence, owing to the feveral Counts 313. Plea (to trefpafs, entering plaintiff's clofe, taking the 375. Plea to entering clofe, confuming turnips, and with carriages fubverting foil), leave and licence. (See other very fpecial pleas). Replication, new alignment, &c. from p. 369 to 384, &c. Plea of juftification in trefpafs for breaking and entering clofes of the plaintiff, &c. ; that being parishioners legally fettled, and being poor and neceffitous, they entered to glean, &c. It is decided in C. B. this plea cannot be maintained. (See the Report.) Plea to trefpafs for digging ditches; licence from plaintiff, and iffue, Plea (to trefpafs for breaking and entering plaintiff's houfe and clofe), that the house, at the time when, c. was a common victualling-boufe, wherefore defendant did enter to drink beer, as he lawfully might do, the houfe being open; as to the treading down. &c. fatisfaction made, 1. H. Bl. Rep. 51 2. Lill. Ent. 427 2. Lill. Ent. 439 Plea Plea of juftification to trefpafs, for obftructing ancient lights, a cuftom in the city of London, that if a houfe adjoins another ancient houfe or foundation, to exalt and build, and obfcure the ancient lights of formerhoufe, unless there be an agreement to the contrary. Antwer of lor I mayor by the recorder, no fuch cuftom." Vide Report, PRECEDENTS IN Books of PRACTICE, REPORTERS, &c. Plca (to trefpafs for entering houfe, and carrying away and converting goods), that goods were taken under a diftrefs for rent arrear; that defendant impounded goods in pound overt, and that plaintiff cenfed him to fell and fatisfy him-.. felf. Replication, traverfes licence. Rejoinder, and iffue, 1. Eurr. 248 2. Ld. Raym. 1372 Plea that plaintiff feifed of 'ancs, demised for years to R. who licensed defendant to fish in the water there; and to the affult, fon affuult demejne. Replication to trefpafs, that he did not demife to the affault, de injuria, &c. Ra. 655. That plaintiff gave licence to defendant for himself and fervants to hunt in his warReplication, iffe on the licence, Ver. Int. 159. Ra. Ent. &§0. ren. Plea as to vi et armis, non cul, to refidue by licence, Tho. 390. Plea as to part, defendant entered the clofe and houfe by licence from plaintiff; and to refidue, that houfe was a common tavern. Replication to trefpafs in the house de injuria, &c. Like to the refidue, and trave:fes licence, bo. 391. Plea to trefpafs against two, to part, bota plead licence; and to refidue, feverally plead defect of fences, Tho. 310. Plea to breaking clofe and houfe, licence to affault fon affault demeine. Replication, did not licence; refidue, de inju ia, &c. and feveral iffues, Tho 350. Plea as to part a demife, to refidue licence. licence, 7ho. 413. Replication, de injuria, &c. traversing Plea as to depafturing with cattle, non cul. to refidue, pleads licence. Replication, de injuria, traverting licence, Wi. Ent. 985. Non cul. to the affault on fervant, to breaking houfe defendant pleads licence, and to refidue juftification, Cl. 4. 14t• 2. LICENCE in LAW. To abate Nuisance. Enter Taverns. Take Implements to glean, Qu. Take, retake, or demand his Tithes. To prevent Damage. On other lawful Occafions, cut ting Ropes, killing Dogs. J Y(16.) To take TITHES-By the Vicar-Impropriator-(Grantee of). VOL. IX. Page 299. Plea (to trefpafs, for entering clofe with a waggon, and carrying away hay, by one defendant as vicar, and the others as his fervants; juftifying entering locus VOL. IX. Page with a waggon drawn by fix horses to take away the 302. Plea (to entering clofe and carrying away corn), that the 317. 319. 3158 To abate Nuifance. 173. Plea (to trefpafs to fishery, breaking rails, &c. p. 172.), that rubbish placed about rails obitructed water flowing through and from mills. Other pleas, vide. 314. Plea (to declaration for fawing a fpout leading from plaintiff's corn chamber to his fteep vat, for the purpose of conveying grain, p. 314), 1ft, general iffue; 2d, that defendant feifed in fee of a ineffuage; and becaufe the fpout was fixed through the ceiling of the faid houfe, and against the walls incumbering fame, defendant pulled it down. Replication, that before the defendant was feifed of the faid meffuage, T. R. was feifed of the room in the declaration mentioned, now of plaintiff, and allo of the faid meffuage, and that the fpout was fixed through the ceiling of the meffuage, and through the walls thereof, and was appurtenant to the faid rooms. T. R. bargained and fo.d the premifes, except the meffuage, to one W. M. for one year, prout, &c. Statute of ufes. Release. W. M. devifed premifes by will to S. P. and T. M. and died, wherefore they became feifed, and demifed to plaintiff from year to year. 320: Plea if, not guilty; 2d, that the goods were on a itage in the king's highway obftrusting the fame, where. VOL. IX. Page ICO. wherefore defendants removed the ftage and goods to To demand Debts. 99. Plea (to declaration for entering dwelling-houfe, &c ), ift, general iffue; 2d, that plaintiff was indebted to defendant in two pounds feven fhillings for goods, &c. fold and delivered, and defendant peaceably entered to demand his debt. Replication and new affignment, that defendant entered plaintiff's houfe at other and different times, and in a greater degree of violence and noife than was neceffary, and after requeft and notice to depart. To 2d plea, de injuria, &c. Plea to new affignment, general iffue, and fimiliter. (See Declaration, p. 98.) On other lawful Occafions. 175. Plea (to trefpafs to plaintiff's fifhery, and treading down grafs, p. 172), that defendant went to speak to plaintiff in a ufual way leading to plaintiff's houfe, whereby he trod down a little of the grafs. With other pleas, vide. 304. Plea (to declaration in trefpafs, for driving and chaf ing sheep) of juftification, driving fheep, because they were wrongfully intermixed with the defendant's Sheep. Replication, right of common. Rejoinder, protefting no fuch common, &c. Vide plea of Juftification under Right of Common, ante. 305. 308. 309. Plea (to trefpafs, for entering a yard, opening a refervoir, and taking away water), that the plaintiff and defendant are jointly poffeffed of the yard and refervoir for water; and becaufe the refervoir was locked, justifies opening it. Replication, that defendant wrongfully committed the trefpaffes; and traverfes the tenancy in common. 310. 311. Plea (to trefpafs, for entering a fhip, and breaking open locks, &c.), that the fhip belongs to one J. B. and that the defendant by his command, and as the fervant of A. B. entered the fhip and broke the lock, &c. 322. Plea (to trefpafs, for entering clofes, treading down grafs, &c.), that the inhabitants of the parish by cuftom at their pleasure have perambulated the parish to remark its limits, and for that purpofe did enter locus, &c. Replication, new affignment. 323. Plez Plea (to trafpafs by the lord against commoners, for digging up coney burrows), a fpecial juftification to abate nuijance. Demurrer and joinder. Judgment for plaintiff, Plea in bar (to declaration, with a continuando quare claufa fregerunt ceperunt et afportaverunt, &c. ift Count, for breaking and entering plaintiff's clofes, fpoiling grafs and corn, and with cattle, &c. and for mowing, cutting, and carrying away the fame, and with carts, &c. fpoiling the plaintiff's foil. zd, for mowing and cutting grafs and corn of the plaintiff, and carrying it away. d, for taking and carrying away grafs and corn) 1ft, not guilty to the whole declaration. 2d, as to breaking the clofes, &c. treading, &c. the grafs, and eating, &c. other grafs, with cattle and with carts, &c. fpoiling, &c. the foil, &c.; that before any of the times when &c. one C. H. was feifed in fee of the clofes in which, &c. and by indenture demifed the fame to J. K. for ninety-nine years, if P. K. and M. K. should fo long live, to begin immediately after the death of E. M. whereby J. K. became entitled to the faid clofes expectant on the death of E. M. &c.; that afterwards and before any of the times when, &c. the faid E. M. died, &c. and J. K. afterwards entered upon the faid clofes, and was poffeffed, and the faid M. K. afterwards died: And defendants further fay, that J. K. afterwards, and before any of the faid times when, &c. made his will, and the faid P. K. his exe. cutor, and died poffeffed of the faid clofes, by which P. K. entered and was poffeffed, and before any of the times when, &c. demifed the fame to the defendant J. W. for one year, and fo from year to year as long as the estate of P. K. fhould continue; by virtue whereof J. W. entered and was poffeffed, and during the life of P. K. ploughed and fowed the clofes with corn, &c. and before the fame was ripe and fit for reaping, P. K. died, whereupon his faid demife to J. W. ceafed, and he delivered up poffeffion to the plaintiff, to whom the fame belonged, and when the corn was ripe, the defendants entered and reaped, &c. and fo excufe the trefpafs by taking the emblements. Replication to plea in bar as to part of the trefpafs, to wit, in Wall Park, and the three pieces, plaintiff confeffes that C. H. was feifed in fee, and all the reft of the plea until the time of delivering up poffeffion to the plaintiff of the clofes in which, &c.; but the plaintiff further fays, that in the faid leafe from C. H. to T. K. it is provided that if the faid T. K. fhould let the premifes otherwife than from year to year, and that only to pafture, and not to tillage, it fhould be lawful for C. H. and his heirs, &c. to re-enter: And the plaintiff further fays, that the faid C. H. after making the faid leafe, and before any of the times when, &c. being feifed in fee of the reverfion, made his will, and devifed the fame to W. H. in fee, and afterwards died fo feifed, whereby W. H. became feifed, and before the first time when, &c. bargained and fold to the plaintiff by VOL. IX. Kk PRECEDENTS in BOOKS of PRACTICE, REPORTERS, &c. 1. Wilf. Rep. 51. b. virtue |