PRECEDENTS in BOOKS of PRACTICE, REPORTERS, &c.

virtue whereof, and the ftatutes of ufes, the plaintiff was poffeffed of the reverfion, and being fo poffeffed, the faid W. H. released the premises to the plaintiff in fee by virtue whereof, and the ftatutes of uses, the plaintiff was seised in fee, and was feifed at the time of ending the lease to the faid J. K. and that P. K. had no licence from C. H. to let the clofes to the defendant J. W. to tillage, so that J. W. wrongfully ploughed, &c. and that defendants of their own wrong did this part of the trefpafs in the declaration; and this, &c.: And as to the fame plea in bar as to breaking, &c. the refidue of the faid closes, the plaintiff replies and confeffes that C. H. was feifed in fee and the reft of the plea, until the delivering up poffeffion of the refidue of the clofes to plaintiff; but further says, that the plaintiff, before and at the end of the faid leafe for ninetynine years, and before and at the time of the said defendant J. W.'s quitting poffeffion, was and ftill is feifed in fee, and that defendants, of their own wrong, did the trespass; traverses that P. K. was living at the time when J. W. ploughed the clofes, and fowed the fame with corn. joinder to the first part of the replication, confeffes the provifo in the leafe for ninety-nine years, and that C. H. demifed the reverfion to W. H. and that W. H. bargained, fold, and released the fame to the plaintiff, and confeffes the first part of the replication; but the defendants further fay, that the plaintiff did not re-enter during the term fubfifting; and this he is ready to verify, &c. And as to the other part of the replication, the defendants fay, that at the time of ploughing and fowing, P. K. was living, and conclude to the country; and thereupon iffue is joined. Demurrer general to the rejoinder, as to the clofes called Wall Park and the Three Pieces, and joinder, Plea (to trefpafs against baron and feme, for taking away corn in the straw, and converting to the husband's ufe), as to part not guilty, as to the refidue, that plaintiff licensed her to take away the corn, &c. Replication, de injuria, &c. traverfing the licence. Rejoinder, taking iffue on the traverfe,

Re

Plea (to trefpafs, for breaking and entering clofes, &c. with horfes, dogs, &c.) 1ft, not guilty; 2d, that defendant was retained as fervant to H. S. and juflifies hunting a fox. Demurrer and joinder,

Plea as to the force, &c. not guilty, and to the refidue of the trefpafs a licence against one of the defendants to cut underwood, and the others justify as his fervants. Replication, de injuria, &c.

2. Wilf. 127 to 139

2. R. P. C. B. 437

2. T. R. 334

Pl. Aff. 492

Juftification to trefpafs for killing a mafliff, that he did, as fervant to another, to prevent its worrying their dog, 1. Saund. 84.

That plaintiff permitted a mastiff to go about in the streets without his mouth tied up who violently run and bit defendant's dog that he kept as a watch dog; and becaufe defendant could not feparate them, he killed the other, The, 336. 1. San.

82.

Plea

Plea to Count for killing a tame deer, that he was poffeffed of twenty acres of land in R. and a wandering deer coming on the lands, and not knowing it was tame, killed the deer. Demurrer, that plea amounts to the general iffue, &c. and court inclined that in the Count it ought to be alledged that defendant knew the deer to be tame, but it was ordered to be amended, 2. Lut. 1359.

Plea (to killing a maftiff at W.), that he was fierce, and accustomed to bite men, &c. and that he entered in his yard at H. fo that he dare not go out of his house for fear, &c. and fo juftifies; traverse that he is guilty out of his yard, de injuria, &c. and verdict and judgment for defendant being moved in arreft of judgment, that the juftification was bad, 2. Lut. 1494.

Plea to trefpafs for killing pigs and fheep), that defendant was fervant to plaintiff, and by his command killed the fheep and pigs. Replication, de injuria, &c. ; and traverses the custom to kill them, Ra. 663. Upp. 202.

Plea (to trefpafs for killing dogs), that dogs chafed the deer in his park or chace, and killed one, on which defendant, as fervant of E. T. knight, and by his command to fave the deer killed the dogs. Replication, that the deer was out of the chace upon plaintiff's land feeding, and that he called the dogs to hunt them out, and they purfued the deer into the chace and there killed the deer; abfque bor, that the dogs drove or killed the deer in any other manner. Demurrer, and judgment for defendant, 3. Lev. 25.

Plea, that he did not fcienter keep degs accuftomed to bite fheep, Afb. 15.

TO ABATE NUISANCE.

Plea (to trefpafs for breaking house, and pulling down chimney), that plain'iff erected a chimney under defendant's wall, which defendant removed with iron inftruments. Replication, de injuria, &c.; and traverfe that chimney was erected under defendant's wall, and iffue, Tho. 368.

Juftification to trefpafs for breaking banks and plaintiff's ditches to preserve his marfo lands upon the flooding of the waters by plaintiff's erecting them, Bro. Vad. 508. Replication, de injuria.

That plaintiff and F. were poffeffed jointly of hay, and plaintiff would carry away all the hay before partition; and defendant, as fervant of F. threw the hay extra plauftrum to make partition. Replication, de injuria, &c; and traverse that plaintiff and F. were jointly poffeffed, and iffue, 1. Bro. 341.

TO TAKE TITHES.

Plea that defendant is vicar of the church, and hath tithe of hay within the parish, and defendant took the hay fet apart for tithes. Replication, protefting that defendant was not vicar; pleads that hay was not fet out for tithes. Tho. 415.

That B. feifed of a rectory, had free ingrefs into the clofe in the new affignment to - carry away tithes; and defendants, as his fervants, entered and took the tithes fet apart, 2. Bro. 271.

That B. was rector of a church, and had all the tithes of grain, &c. and the clofe in which the grain grew was in plaintiff's poffeffion within the parifh; and defendant, as fervant of B. entered the clofe and took the bundles of wheat fet apart for tithes. Replication, de injuria, &c. and that bundles were not fet apart for tithes, 2 Bro. 285.

That defendant paffed through the clofe in which, &c. to the clofe adjoining to carry the tithes. Replication, de irjuris, &c Wr. Ent. 989. KK 2.

That

That S. is rector of the church of W. within which, &c. corn grew and were titbed, and defendant, as his fervant, to k, &c. and gives colour, Wi. Ent. 1006. Plea (to trefpafs for taking and carrying away tithes), non cul. and special verdict and judgment for plaintiff, 2. Lut. 1301.

Plea (to trefpafs, for breaking and entering his clofe, and for taking and carrying away five cart loads of hay), that one of defendants (being a layman) at the time, &c. was feifed of the tithes of hay of the faid clofe without fhewing how, and that the faid five cart loads were tithes fet apart, they justify. Replication, de injuria, &c.; without this, that the faid five cart loads were tithes fet apart Demurrer, with caufes. Judgment, that the plea was well pleaded, and the traverse bad, 2. Lut. 1314.

That defendant is parfon of the church of A. and plaintiff parfon of the church of B. in the vill of A. adjoining, and the vill of R. is within the parish of B. and that sheaves of corn arifing on an acre of land in A. and fet apart for tithes, which plaintiff claimed and took as portion of tithes, and carried to R. where defendant found and took them. Replication, that the fheaves of corn belonged to him as parfon of the church of R.; and traverses that the land is within the parish of A. Ra. 634.

That defendant was parfon of the church of F. and lecus, &c. the hay grew was plaintiff's freehold within the fame parish, and defendant and his predeceffors had tithes of hay therefrom, and defendant took the hay fet apart for tithes. Replication, de injuria, &c. and traverse that the hay was fet apart for tithes, Ra. 635.

That corn grew on demefne lands of the manor within the parish of N. whereof defendant is parfon, who took the corn fet apart for tithes. Replication, that the land in which, &c. is within the parish of J. whereof the abbot was parfon, who demised rectory to plaintiff for years, and traverse that land is within the parish of N. Ra. 635. Vet. Int. 214.

That the king, being feifed of the advowfon of a chapel in right of the crown, granted it to defendant, and that all who had the chapel had tithes of forty acres of land in which, &c. whereof defendant took corn fet apart for tithes. Replication, that the king, feifed of the manor and advowfon in right of the dutchy of Lancaster, granted them to plaintiff. Rejoinder, that the king was feifed of the advowfon in right of his crown, and traverses that the avowry belongs to the manor, Ra. 636. Vet. Int. 152.

Plea (to breaking clofe and carrying away wood), that he took the wood set apart for tithes to the ufe of the rector. Replication, that the wood grew up timber trees (groffis arboribus), and fo not titheable by the ftatute, 3. Br. 453.

That defendant paffed through the clofe in the new affignment to an adjoining close to carry away tithes, Her. 709.

That defendant, proprietor of the rectory, entered the close to make the heaps of grafs into hay, and to carry it away, Her. 726.

That defendant is parfon of the church of H. within which corn grew, and were tithed, and that plaintiff claimed tithes as portion annexed to another church, and that the question belongs to the ecclefiaftical court. Demurrer, and judgment for defendant, Ra. 636.

LICENCE IN FACT:

That plaintiff gave defendant licence to enter clofe and houfe to do divers things. Replication, de injuria, and traverse of licence, 1. Bro. 353.

Licence to enter and play with tables, Cl. A. 88.

Licence by plaintiff to walk round and drive all his cattle by and through the feveral clofes to do his affairs, Tho. 337.

4

Licence

Licence by plaintiff to enter his close to chase sheep out of his clofe. Replication, traverfes licence, and iffue, Tho. 356.

Licence to enter close to draw cart with barley, in, by, and through plaintiff's close to defendant's houfe. Replication, de injuria; and traverfe licence, Tho. 365. That A. feifed of third part of the clofe in which, &c. licensed defendant to put cattle into the clofe to depafture the grafs, Tho. 387. Her. 733.

Plea, not guilty to the new affignment for part, to the refidue, that plaintiff licensed defendant to enter into tenements in the new affignment. Replication, maintaining trefpafs, and traverses licence, 2. Bro. 259.

Licence by plaintiff to enter into the clofe, and to put hay in his barn. Replication, iffue on the licence, 2 Bro. 283.

Licence to defendant to enter with carts and horfes into the clofe, Tho. 196. Replication, de injuria, &c.; and traverfes licence, Raft. 661.

That defendant feised of a pool near the clofe in the new affignment, he and all whose eftate, &c. were accuftomed to turn all water-courfes running to the pool as often as they fifhed there; and because defendant and his fervants could not turn the courfe of the water by the ancient way for the violence of the water, plaintiff li cenfed them to enter the clofe, and to dig paffages in it for better turning of the water-courfe, plaintiff affifting them, Tho. 323.

Licence to part, fon affault demefne to refidue. Replication and feveral iffues, Tho. 349. Like to part inclofing with hedges to refidue, Ro, Ent. 465.

Licence by plaintiff to defendant and fervants to enter the house, and to repair the walls of the houfe broken down, Tho. 406. To repair timbers, erecting falas in the clofe, Raft. 660.

Licence by plaintiff for three days to enter his houfe; and traverses being guilty at any time before or after fuch licence. Replication, de injuria, &c.; and traverses licence; iffue on the traverfe, Bro. Vad. 408. Ra. Ent. 660. Upp. 204.

Licence by plaintiff to take and impound cattle wherever and however he chofe. Replication, de injuria, &c. Raft. 630.

That plaintiff gave licence to defendant to fish with a pike, (cum lancia) in the fishery to take falmon. Replication, no licence, Ra, 665. Vet. Int. 157.

Licence by plaintiff to defendant and fervants to chafe in a warren, and to take hares, and defendant, as his fervant, chafed and took the hares. Like replication, Ra. 65. Vet. Int. 159.

Licence and agreeement by plaintiff to one D. to have a kid in the park to be delivered by the park-keeper. Replication, de injuria, &c. Ra. 651.

Plea (to trefpafs for breaking house and carrying away timber), that J. being seised of meffuage with divers houfes built, gave defendant the timber, and licence to break the houses and take the timber. Replication, that W. feifed of the meffuage with divers, &c. gave plaintiff the timber, and afterwards W. re-entered and feized the timber, &c. Rejoinder, maintaining the plea; and traverse seifin of W. in fee, Vet. Int. 22.

Licence from plaintiff to defendant to go through part of the lands in the new affign. ment from his houfes to the church, and afterwards on fuch a day prohibited him; and traverse that he is guilty Replication, protefting that he did not licence, pleads that defendant is guilty, 3. Br. 442.

Plea (to trefpafs for chafing and impounding horfes), that locus, &c. is the freehold of M and defendant, as his fervant, and by his command took, &c. damage feasant. Replication, that M. gave licence to plaintiff to put his horfes into locus, &c.; and raverfes that defendant, as fervant of M. and by his command, took the horfes, 3. Br. 450.

Plea (to trefpafs for breaking house and carrying away money), that defendant fold plaintiff the lands, and plaintiff requested defendant to enter into the houfe to receive money. Replication, de injuria, &c.; and traverses the request, Ra.

619.

Plea that plaintiff commanded his fervant to take the cattle to agift took defendant's fheep. Replication, de injuria, Ra. 605.

That plaintiff demised to defendant the pasture for all his cattle in locus, &c. for a certain time. Replication, did not demife, Ra. 655. Vet. Int. 123.

That plaintiff, for a fum of money, fold defendant all the wood and all the oaks in the lands in the new affignment, and licensed defendant and his fervants to enter into lands to cut and carry away wood and oaks thereon growing for five years. Replication, de injuria, &c.; and traverse licence; issue, Ro. 467.

LICENCE IN LAW.

That plaintiff gave trees to churchwardens in fatisfaction of money bequeathed towards the repair of the church, and defendant, as his fervant, cut them. Replication, de injuria. &c. and traverfes the gift, Ra. 637. Vet. Int. 158. Plea, that property in the fteer was in one defendant, who put it to depasture to R. and plaintiff took him out of his poffeffion, and one defendant in his own right, and the other as his fervant, took it out of plaintiff's poffeffion. Replication, de injuria, &c. and traverses the property of the steer being in one defendant, Ra. 614.

Plea (to trefpals for ftriking, working, and fatiguing a gelding), that defendant was fervant to plaintiff in hufbandry, and in ploughing the lands whipped the gelding, as he did others, to make him work his proportion. Replication, protefting, &c. de injuria, &c. 3. Br. 424.

That the house was a common tavern, Ra. Ent. 605. 8. Co. 146. Tho. 306. Cl. §. 91. 97. 2. Mo. Int. 314. Replication, and fpecial demurrer, Wi. Ent. 983. That the houfe is a common inn, to part, Ibid. 973. 974. Replication, de injuria, &c. Like plea, and fpecial replication, maintaining plea. Rejoinder, traverfing damages alledged. Iffue on the traverfe, Vad. 437.

Plea, that defendant's daughter inhabited with plaintiff, and that he came to speak to her, as he lawfully might do, over the clofe to plaintiff's house, Tho. 337That plaintiff's wife laboured with child, and in danger, and defendant, as a neighbour, came to give her affiftance, Tho. 409.

Plea to vi et armis, and to all the trefpafs except breaking the house, non cul; to refidue, that it is a common inn. Replication, de injuria, &c. Tho. 973- Ra. Ent. 605. As to the affault, for affault demefne. Replication, de injuria to the whole.

Plea, as to part, non cul.; to refidue, that it is a common inn, in which defendant entered, and afked for a cup of ale, which he took to fhow to the conftable of G. and to complain of the imallness of the cup. Replication, de injuria, &c. Wi. Ent. 974.

TO TAKE OWN GOODS-PROPERTY IN.

That plaintiff fold fifty cart loads of bricks to one V. to be taken out of the clofe, and defendant, by command of V. entered into the close and took ten cart loads of bricks, Tho. 308.

That plaintiff, poffeffed of goods by indenture of bargain, &c. fold them to defendant on condition, which is broken; per quod defendant in his own right, and others as fervants, peaceably entered and took the goods. Replication, protefting, &c.; for plea, de injuria, &c.; and traverse that they entered peaceably, and iffue, The.

339.

That