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PRECEDENTS is Books of PRACTICE

REPORTERS, &c. virtue whereof, and the statutes of uses, the plaintiff was possessed of the reversion, and being so possessed, the said W. H. released the premises to the plaintiff in fee by virtue whereof, and the statutes of uses, the plaintiff was seised in fee, and was seised at the time of ending the lease to the said J. K. and that P. K. had no licence from C. H. to let the closes 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 trespass in the decla. ration ; and this, &c.: And as to the same plea in bar as to breaking, &c. the residue of the said closes, the plaintiff replies and confesses that C. H. was seised in fee and the reit of the plea, until the delivering up poffeffion of the residue of the closes to plaintiff; but further says, that the plaintiff, before and at the end of the said lease for ninetynine years, and before and at the time of the said defend. ant J. W.'s quitting poffeflion, was and still 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. ploughied the closes, and lowed the same with corn. Rejoinder to the first part of the replication, confesses the proviso in the lease for ninety-nine years, and that C. H. demised the reversion to W. H. and that W. H. bargained, fold, and released the same to the plaintiff, and confesses the first part of the replication ; but the defendants further say, that the plaintiff did not re-enter during the term subfifting ;, and this he is ready to verify, &c. : And as to the other part of the replication, the defendants say, that at the time of ploughing and sowing, P. K. was living, and conclude to the country; and thereupon issue is joined. Demurrer general to the rejoinder, as to the closes called Wall Park and the Three Pieces, and joinder,

2. Wilf. 127 to 139 Pla (to trespass againit baron and feme, for taking away

corn in the straw, and converting to the husband's use), as to part not guilty, as to the residue, that plaintiff licensed her to take away the corn, &c. Replication, de injuria, &c. tra. versing the licence. Rejoinder, taking issue on the traverse,

. 2. R. P. C. B. 437 Plea (to trespass, for breaking and entering closes, &c. with

horles, dogs, &c.) ift, not guity; 2d, that detendant was retained as servant to H. S. and justifies hunting a fox. De. murrer and joinder,

2. T.R. 334 Pca as to the force, &c. not guilty, and to the residue of the

trespass a licence againit one of the defendants :o cut under. wood, and the others juitify as his fervants. Replication, de

injuria, &c.

Pl. Af. 49

Juftification to trespass for killing a mafiff, that he did, as servant to another, to pre

vent 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 because defendant could not separate them, be killed the other, Tbo. 336. 1. San.

82

Plea

Plea to Count for killing a tame deer, that he was possessed of twenty acres of land

in R. and a wandering deer coming on the lands, and not knowing it was rame, killed the deer. Demurrer, that plea amounts to the general issue, &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 mastiff at W.), that he was fierce, and accuflomed 10 bite men, &c. and

that he entered in his yard at H. so that he dare not go out of his house for fear, &c. and so justifies ; traverse that he is guilty out of his yard, de injuria, &c. and verdiet and judgment for defendant being moved in arrest of judgment, that the juftification was bad, 2. Lut. 1494. Plea ; to trespass for killing pigs and sheep), that defendant was servant to plaintiff,

and by his command killed the sheep and pigs. Replication, de injuria, &c.; and

traverses the custom to kill them, Ra. 663. Upp. 202. Plea (to trespass for killing degs), that dogs chased the deer in his park or chace, and

killed one, on which defendant, as servant of E. T. knight, and by his command to save the deer killed the dogs. Replication, that the deer was out of the chace up. on plaintiff's land feeding, and that he called the dogs to hunt them out, and they pursued the deer into the chace and there killed the deer ; absque bor, that the dogs drove or killed the deer in any other manner. Demurrer, and judgment for defend

ant, 3. Lev. 25. Plea, that he did not fcienter keep dogs accustomed to bite sheep, Ajh. 15.

TO ABATE NUISANCE.

Plea (to trespass for breaking house, and polling down chimney), that plain'iff crecie!

a chimnev under defendant's wall, which defendant removed with iron inftruments. Replication, de injuria, &c.; and traverse that chimney was erected under defend

ant's wall, and issue, Tho. 368. Justification to trespass for breaking banks and plaintiff's ditches to preserve his marin

lands upon the flooding of the waters by plaintiff's erecting them, Bro. Vad. 508.

Replication, de injuria. That plaintiff and F. were possessed jointly of hay, and plaintiff would carry away all

the hay before partition ; and defendant, as fervant of F. threw the hay extra plauArum 10 make partition. Replication, de injuria, &i ; and traverse that plaintiff and F. were jointly poffeffed, and issue, I. Bro. 341.

TO TAKE TITHES.

Plea that defendant is vicar of the church, and hath tirhe of hay within the parish, and

defendant took the hay set apart for tithes. Replication, protesting thai defendant

was not vicar ; pleads that hay was not set out for tithes. Tho. 415. That B. seised of a reclory, had free ingress into the close in the new assignment to

carry away tithes; and defendants, as his servants, entered and took the tithes sec

apart, 2. Bro. 271. That B. was rector of a church, and had all the tithes of grain, &c. and the close in

which the grain grew was in plaintiff's possession within the parish ; and defendant, as fervant of B. entered the close 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 passed through the close in which, &c. to the close adjoining to carry The tithes. Replication, de ir juris, &c il'i. Ent. 989.

KK 2

Tant

That S. is rector of the church of W. within which, &c. corn grew and were listed,

and defendant, as his servant, tok, &c. and gives colour, Wi. Ent. 10c6. Plea (to trespass for taking and carrying away tithes), non cul. and special verdi&t and

judgment for plaintiff, 2. Lut. 1301. Plea (to trespass, for breaking and entering his close, and for taking and carrying

away five cart loads of hay), that one of defendants (being a layman) at the time, &c. was seised of the tithes of hay of the said close without Thewing how, and that the said five cart loads were tithes set apart, they justify. Replication, de injuria, &c.; without this, that the said five cart loads were tithes fet apart Demurrer, with causes. Judgment, that the plea was well pleaded, and the traverse bad,

2. Lut. 1314 That defendant is parson 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 arising on an acre of land in A. and set apart for iitbes, which plaintiff claimed and rock as portion of tithes, and carried to R. where defendant found and took them. Replication, that the sheaves of corn belonged to him as parson of the church of R.; and traverses that the land is within the parith of

Ra. 64: That defendant was parson of the church of F. and locus, &c. the hay grew was

plaintiff's freehold within the same parish, and defendant and his predecefors had tithes of hay therefrom, and defendant took the hay set apart for tithes. Replication, de injuria, &c. and traverse that the hay was set apart for tithes,

Ra. 635. That corn grew on demesne lands of the manor within the parish of N. whereof

defendant is parson, who took the corn set apart for tithes. Replication, that the land in which, &c. is within the parish of J. whereof the abbot was parlo, 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 seised of the advowson 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 set apart for tithes. Replication, that the king, seised of the manor and advowson in right of the dutchy of Lancaster, granted them to plaintiff. Rejoinder, that the king was seised of the advowson in right of his crown, and traverses that the avowry be

longs to the manor, Ra. 636. Vet. Int. 152. Plea (to breaking close and carrying away wood), that he took the wood set apart

for tithes to the use of the rector. Replication, that the wood grew up timber trees (grossis arboribus), and so not titheable by the Itatute, 3. Br. 453. That defendant passed through the close in the new aflignment to an adjoining

close to carry arvay tithes, Her. 709. That defendant, proprietor of the rectory, entered the close to make the heaps of

grass into hay, and to carry it away, Her. 726. That defendant is parson of the church of H. within which corn grew, and were

rithed, and that plaintiff claimed tithes as portion annexed to another church, and that the qnction belongs to the ecclefiaftical court. Demurrer, and judgment for delendant, Ra. 636.

LICENCE IN FACT:

That plaintiff gave defendant licence to enter clofe and house to do divers things.

Replication, de injuria, and traverse of licence, 1. Bro. 353. Licence to enter and play with tables, Cl. Af. 88. Licence by plaintiff to walk round and drive all his cattle by and through the feresal closes to do his affairs, Tbo. 337.

Licence

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Licence by plaintiff to enter his close to chase sheep out of his close. Replication,

traverses licence, and issue, Tbo. 356. Licence to enter close to draw cart with barley, in, by, and through plaintiff's close

to defendant's house. Replication, de injuria; and traverse licence, Tho. 365. That A. feised of third part of the close in which, &c. licensed defendant to puccac

tle into the close to depalture the grass, Tho. 387. Her. 733. Plea, not guilty to the new aflignment for part, to the residue, that plaintiff licens

ed defendant to enter into tenements in the new assignment. Replication, maintaining trespass, and traverses licence, 2. Bro. 259. Licence by plaintiff to enter into the close, and to put hay in his barn. Replication,

issue on the licence, 2 Bro. 293Licence to defendant to enter with carts and horses into the close, Tho. 196. Repli

cation, de injuria, &c.; and traverses licence, Roft. 661. That defendant feised of a pool near the close in the new assignment, he and all whose

eltate, &c. were accustomed to turn all water-courses running to the pool as often as they fished there; and because defendant and his servanis could not turn the course of the water the ancient way for the violence of the water, plaintiff lie censed them to enter the close, and to dig passages in it for better turning of the water-course, plaintiff allisting them, Tho. 323. Licence to part, for offault demesne to residue. Replication and several issues, Tbo.

349. Like to part inclosing with hedges to residue, Ro, Ent. 465. Licence by plaintiff to defendant and servants to enter the house, and to repair the

walls of the house broken down, Tho. 406. To repair timbers, erecting fialas in

the close, Rafl. 660. Licence by plaintiff for three days to enter his house; and traverses being guilty at

any time before or after such licence. Replication, de injuria, &c. ; and traverses licence; iffue on the traverse, Bro. Vad. 408. Ra. Enı. 660. Upp. 204. Licence by plaintiff to take and impound cattle wherever and however he chose. Re.

plication, de injuria, &c. Raft. 630. That plaintiff gave licence to defendant to fish with a pike, (cum lancia) in the fishery

to take salmon. Replication, no licence, Ra, 665. Vet. Int. 157. Licence by plaintiff to defendant and servants to chase in a warren, and to take hares,

and defendant, as his servant, chased and took the hares. Like replication, Ra.

650. Vet. Int. 159. Licence and agreeement by plaintiff to one D. to have a kid in the park to be deli

vered by the pask-keeper. Replication, de injuria, &c. Ra. 651. Plea (to trespass for breaking house and carrying away timber), that J. being seised of

messuage with divers houses built, gave defendant the timber, and licence to break the houses and take the timber. Replication, that W. seised of the messuage with divers, &c. gave plaintiff the timber, and afterwards W. re-entered and seized 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 assign.

ment ffum his houses to the church, and afterwards on such a day prohibited him; and traverse that he is guilty Replication, protesting that he did not licence, pleads

that detendant is guilty, 3. Br. 442. Plea (to trespass for chasing and impounding horses), that locus, &c. is the freehold

of M and defendant, as his servant, and by his command took, &c. damage fealan, Replication, that M. gave licence to plaintiff to put his horses into locus, &c.; and araverses that defendant, as servant of M. and by his command, took ene

horses, 3. Br. 450. Plea (to trespass for breaking house and carrying away money), that defendant foid

plaintiff the lands, and plaintiff requested defendant to enter into the houte to receive money. Replication, de injuria, &c.; and traverses the request, Rae 619,

Plea

KK 3

Plea that plaintiff commanded his servant to take the cattle to agift took defendant's

sheep. Replication, de injuria, Ra. 605. That plaintiff demised to defendant the pasture for all his catile in locus, &c. for a cer.

tain time. Replication, did not demise, Re.655. Vet. Int. 123. That plaintiff, for a sum of money, sold defendant all the wood and all the oaks ja

the lands in the new assignment, and licensed defendant and his servants 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 satisfaction of money bequeathed

towards the repair of the church, and defendant, as his servant, cut them. Replication, de injuria. &c. and traverses the gift, Ra. 637. Vet. Int. 158. Plea, that property in the steer was in one defendant, who put it to depafture to

R. and plaintiff took him out of his poffefsion, and one defendant in his our right, and the other as his servant, took it out of plaintiff's posesion. Replication, de injuria, &c. and traverses the property of the steer being in one defend

ant, Ra. 614. Plea (to trespass for striking, working, and fatiguing a gelding), that defendant

was servant to plaintiff in husbandry, and in ploughing the lands whipped the gelding, as he did others, to make him work his proportion. Replication, protesting, &c. de injuria, &c. 3. Br. 424. That the house was a common tavern, Ra. Ent. 605. 8. Co. 146. Tho. 306. Cl. A.

91. 97. 2. Mo. Int. 314. Replication, and special demurrer, Wi. Ent. 983. That the house is a common inn, to part, Ibid. 973: 974. Replication, de injuria, &c. Like plea, and special replication, maintaining plea. Rejoinder, traverfing

damages alledged. Iffue on the traverse, Vad. 437. Plea, that defendant's daughter inhabited with plaintiff, and that he came to speak ta

her, as he lawfully might do, over the close to plaintiff's house, Tho. 337. That plaintiff's wife laboured with child, and in danger, and defendant, as a

neighbour, came to give her assistance, Ibo. 409. Plea io vi et armis, and to all the trespass except breaking the house, nor cul; to

residue, that it is a common inn. Replication, de injuria, &c. Tho. 973. Re. Ent. 60;. As to the assault, fon asauli demesne. Replication, de injuria to the

whole. Plea, as part, non cul. ; to residue, that it is a common inn, in which defendant

entered, and asked for a cup of ale, which he took to show to the constable of G. and to complain of the smallness of the cup. Replication, de injuria, &c.

Wi. Ent. 974.

TO TAKE OWN GOODS-PROPERTY IN.

That plaintiff fod fifty cart loads of bricks to one V. to be taken out of the close,

and defendant, by command of V. entered into the close and took ten cart loads of

bricks, I 10. 308. That plain iff, poffcffed of goods by indenture of bargain, &c. fold them to defend

ant on condition, which is broken; per quod defendant in his own right, and others as servants, peaceably entered and took the goods. Replication, protesting, &c.; for plea, de injuria, &c.; and traverse that they enterei peaceably, and iffue, Tte. 339.

That

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