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That locus called B. in quo, &c. was copyhold lands, and granted to defendant in fee, and that the hay growing there was defendant's own grafs, and delivered to plaintiff by defendant to keep fafely. Replication, that the grafs of which the hay was made was growing in a place called M. and was plaintiff's grafs; and traverse that the grafs was growing in the place called B. and iffue thereon, 1. Bro.

322.

That defendant was poffeffed of goods, and gives colour, &c. Replication, that plaintiff was poffeffed of the goods; and traverses the property in defendant, Ra. 632.

That prior was poffeffed of a filver cup, &c Like replication, Ra. 614. Plea (to breaking house and carrying away wood), that defendant was poffeffed of the wood, &c. Replication, that the wood grew on plaintiff's land, and traverfes property of the wood to be in defendant, Ra. 620. Vet. Int. 190. Plea (to breaking houfe and carrying away hay), that the hay grew upon defendant's land, who permitted it to remain there until W. took it and gave it to plaintiff, who put it into a barn, &c. Replication, that J. feifed of the manor whereof, &c. gave it to plaintiff in tail, who was feifed until defendant diffeifed him. Rejoinder, that he did not diffeife, Ra. 620. Vet. Int. 189. That the property of the cattle and goods was in one J. who delivered them to be kept to M. plaintiff's bondswoman, out of whofe poffeffion plaintiff took them. Replication, that the property thereof was in faid M. and traverses that the property was in J. Ra. 637.

That the wool was as well the wool of plaintiff as of M. who delivered it to defendant to be kept. Replication, that wool belonged to plaintiff alone, and defendant took it de injuria, &c. Rejoinder, that it belonged to plaintiff as well as to M. Ra. 653. Vet. Int. 122.

That the property of goods was in plaintiff and H. who gave part thereof to defendant. Replication, de injuria, and traverfes that H. had not any thing in the goods, Ra. 653.

That J. poffeffed of goods, lent them to plaintiff for a month, and after the month ended defendant, as fervant, took the goods out of poffeffion of plaintiff. Replication, that property of the goods at the time of the trefpafs was in plaintiff, and traverse that property was in J. Ra. 606.

BY SALE OF GOODS.

That plaintiff fold goods to defendant, per quod defendant took them. Replication, iffue on the fale, Ra. 675.

That plaintiff, by fervant, fold cattle to defendant, who led them away. Replication, de injuria, and traverses fale, Ra. 675:

That J. poffeffed of goods, fold them to defendant in his fhop in London, and traveries that he is guilty in the county of E. Ra. 676.

That B. poffeffed of a horfe, fold him to defendant in market overt. Replication, that T, poffeffed of the horfe, fold him to plaintiff, and traverfes that B. fold him to defendant, Ra. 675. Upp. 193. Vet. Int. 100.

TO TAKE OWN GOODS-SALE-POSSESSION.

That property of the horfe was in defendant until he was taken by perfons unknown, and afterwards came to plaintiff's hands, out of whofe poffeffion defendant took it. Replication, that plaintiff bought the horfe in market overt, and paid toll for the fame to the bailiff of the town. Rejoinder, maintaining plea, and traverses that he bought the horfe in market, and paid toll, Upp. 151.

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BY

BY GIFT OF GOODS.

Plea, that plaintiff gave wine to defendant, per quod he took it. Replication, de injuria, and traveries the gift, Ra, 636. Vet Int. 158.

That plaintiff gave goods to A. who took defendant to hufband. Replication, that plaintiff in contemplation of marriage (matrimonio prælocuto), and by fair words, &c. gave goods to the faid A. The afterwards falling out with plaintiff, returned the goods to plaintiff. Rejoinder, that he did not return the goods, Ra. 636. Upp. 199.

That J. feifed of mefluages with divers houfes built, gave timber to defendant Replication, that W. feifed of the faid meffuage gave timber to C. who gave it to plaintiff, and W. being feifed of the houtes until J. diffeifed him, who reentered. Rejoinder, maintaining plea, and traverfes that W, was feifed in fee, Ra. 637. Vet. Int. 122.

BY DELIVERY OF CCODS.

Plea (to breaking cheft and carrying forty pounds, against A. and B.), non. cul. by A. non cul. as to all except fourteen pounds by B. and to that plaintiff delivered to B, the fourteen pounds to be paid to the faid A. to whom B. paid it. Replication, that plaintiff did not deliver the money to him, Ra. 614.

GOODS PLEDGED.

That plaintiff, by his wife, pledged goods to defendant for money lent him by defendant. Replication, de injuria, Upp. 191.

That R. poffeffed of goods, pledged them to defendant for twenty pounds, on condition that they should be re-delivered if money were paid before a certain day, and plaintiff pledged them to G. for twenty pounds, who delivered them to defendant to keep fafely, and defendant took them out of the chest and delivered to the faid G. Replication, that R. pledged goods to plaintiff for twenty pounds, on condition that if he did not pay the money before the day, goods were to remain to plaintiff as fold, and R. did not pay the money, and defendant de injuria, &c. and traverfes plaintiff's pledging the goods to G. Ra. 667. Vet. Int. 161. Upp. 200.

GOODS FOUND.

That defendant found goods in the highway, and made proclamation thereof, 1. Br. 174.

AS EXECUTORS, &C.

That S, poffeffed of a cheft, gave it to defendant. Replication, that S. died intellate and poffeffed of cheit, and adminiftration was granted to plaintiff, who was poffefied until the trefpafs, and traveries that S. gave chet to defendant, Ra. 637. Vet. Int. 100.

hit A. formerly plaintiff's husband, was poffeffed of one hundred pounds, which he delivered to plaintiff to be kept, and afterwards made delendant executor, who

who entered into the houfe to bury him, and there took the one hundred pounds found. Replication, that A. devised to plaintiff all his goods after funeral expences and debts paid, and plaintiff delivered the faid one hundred pounds according to the will. Rejoinder, mentioning the plea, and traverfes delivery, Ra. 640. Vet. Int. 44.

Plea as to breaking the house, that M. feifed of the manor, took R. to husband, who made defendant executor, and died poffeffed of a bed, and defendant, finding the keys in the doors, entered the house, and took the bed; and as to taking the goods, that faid R. died thereof poffeffed. Replication, that defendant, as executor poffeffed of the goods, gave them to plaintiff. Rejoinder, that he did not give, Ra. 640.

RESPECTING DEEDS AND WRITINGS.

Plea, that in the term aforefaid, in which, &c. the plaintiff delivered the inden ture to the defendant to be cancelled, whereupon he cancelled it with the plaintiff's confent, Bro, Vad. 407. Replication, de injuria, &c. Ibid. 408. Plea, protesting that plaintiff delivered defendant's writing to be delivered to M. fays, that he is not guilty of the tearing, Vet. Int. 20.

Plea, non cul. to the tearing, and traverses that he was bound to plaintiff in any fuch fum of money, Bro. Met. 384.

'That defendant's father being feifed of the manor, gave it to defendant and wife in tail, and a box with the deeds of the eftate. Replication, that the father gave it to plaintiff, and traverses the gift to defendant, Ra. 84.

Plea, that plaintiff did not give the deed to defendant to be examined. Demurrer, Vet. Int, 163.

Plea of Juftification to Trespass to Real and Perfonal Property,

9. By AUTHORITY OF LAW, and (17.)

UNDER LEGAL

Commiffion of Bankruptcy, &c.

(See Without Procefs, and Under Legal Procefs, Civil and Criminal throughout, poft.

VOL.

IX. Page

354. Replication to plea in trefpafs, that he feiled under a commiffion of bankruptcy iffued against plaintiff, admits iffuing of commiflion, and that fuch proceedings as in plea mentioned were had thereon, and the making of the indenture mentioned in plea; for replication, that commiffion was fuperfeded, and as to refidue of caufe in plea mentioned, de injuria, &c. Demurrer. Joinder, and cur. ad yult,

355

BAME

VOL.
IX.

GAMEKEEPER-OFFICERS COMMANDER IN CHIEF-CAPTAIN OF
MILITIA.

Page

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3.

J. Plea to declaration for affaulting plaintiff and taking away his gun, that fir T. H. feised of the manor of S. nominated defendant his gamekeeper, and that he took the gun from plaintiff, being unqualified to kill game, ufing the gun on the manor. Replication, de injuria fua propria abfque tali caufa. Poftea for plaintiff. (See Declaration, ante, p. 1.) 66. Plea to declaration for fhooting a hare, that one A. B. is bow bearer of the forest of W. inter alios, and that defendant is his deputy, and that at the faid time when, &c. the dags mentioned in the declaration were chafing a beast of the foreft called a hare, wherefore he shot them. Replication, 1ft, not guilty, and iffue. zd, protefting as to fufficiency; protefting alfo that the king at the time of the grant was not seised, &c. and that defendant was not gamekeeper; fets out and deduces a title, very fpecial. Demurrer, with causes. (See Declaration, p. 65.)

69.

79.

80. Plea to declaration for destroying booth and feizing goods, that the king's forces were encamped, that plaintiff kept a diforderly futtling booth for reception of lewd women and men, they became riotous, and defendant, by order of commanding officer, pulled 83. 84. it down. Replication, de injuria, &c. (See declaration, p. 79.)

320. Plea of juftification, for that defendant was captain of militia, and the plaintiff liable to ferve, refufed fo to do, being difaffected to government.

2. Under Legal Process.

FIERI FACIAS-TESTATUM FIERI FACIAS-LATITAT-MAGISTRATES PUTTING DEFENDANT INTO POSSESSION OF VACANT HOUSE.

VOL.

IX.

Page

22. Plea (to declaration for entering dwelling-houfe, beating and feizing plaintiff), that defendant obtained a judgment, and that goods were taken in execution, and that as little noife as poffible was made, &c. New affignment, trefpaffes committed on another day. Plea to new affignment, ift, not guilty. 2d, leave and licence. Replication, and iffue. (See Declaration, p. 21.)

23.

24.

87. Plea to declaration for taking plaintiff's goods in execution. Ift, not guilty. 2d, that defendant is a

Sheriff's

VOL.
IX.

Page

89.

91.

93.

Sheriff's officer, and feized the goods under a war-
rant grounded on a teftatum fieri facias to Chefter.
Replication, writ, without a judgment to warrant
it, and new affignment. Plea to new affignment,
fetting forth the record and proceedings. Replica-
tion to plea to new affignment. (See Declaration,
p. 87. and new affignment, poft.)

118.119. Plea (to declaration for entering dwelling-house,
I 26.
&c. p. 116.) 1ft, general iffue. 2d, liberum tenementum.
3d, leave and licence. 4th, as to entering house
and taking goods, &c. one of defendants recovered
judgment against plaintiff in B. R. and fieri facias
was sued out thereon, delivered to fheriff, and
warrant thereon delivered to bailiff. Replication,
iffue on liberum tenementum. To 3d plea, iffue ; to
4th, new affignment.

122.

324. Plea (to trefpafs for breaking and entering dwellinghoufe, &c.) 2d, that A. B. being feifed of the premifes, demifed the fame to plaintiff under a yearly rent, and rent being due, and plaintiff having deferted the premises, fo that no diftrefs could be made, A. B. made complaint to two juftices of the peace, who thereupon viewed the premises, and did then and there affix on the premifes a notice that they would make a fecond view on a certain day, which they did, and plaintiff not appearing to pay the rent, and there being nothing to diftrain, the juftices put A. B. into poffeffion, whereupon defendant, as fervant of A. B. entered. 4th, and under demife for feven years giving colour. Replication, as to breaking, de injuria, &c. To 3d plea, that there was not a year's rent due, and de injuria, &c. To 4th plea, tenant at will, and de injuria, &c. Rejoinder, that A. B. did not demife. Rejoinder to 2d, that demife to plaintiff being ended, A. B. demifed the premises to defendant. Surrejoinder, that A. B. did not demise the premises to defendant, and that the demife to plaintiff was not ended, and iffue.

327.

330.

334.

336.

Plea to affault and falfe imprisonment, that defendant
took and detained plaintiff by virtue of a warrant
grounded on a latitat out of B. R.

FIERI FACIAS-CAPIAS AD SATISFACIENDUM OUT OF B. R.CAPIAS AD RESPONDENDUM OUT OF C. B.

VOL.

IX. Page

53. Plea to declaration for entering house, that one defendant, and the other in aid, entered to levy under a writ of

fieri

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