actual (or supposed) Entry thereupon. 3. His actual (or supposed) Oufter and Ejectment by the Defendant. For which Injury this Action is brought, either against the Tenant, or (more usually) against some casual, or fictitious, Ejector; in whofe Stead the Tenant may be admitted Defendant, on condition that the Leafe, Entry, and Oufter be confeffed, and that nothing else be difputed but the Merits of the Title, claimed by the Leffor of the Plaintiff.

6.

A Writ of Quare ejecit infra Terminum is an Action of a fimilar Nature; only not brought against the Wrongdoer or Ejector himself, but such as are in Poffeffion under his Title.

CHA P. XII.

Of TRESPASS.

I.

RESPASS is an Entry upon, and Damage done to, another's Lands, by one's felf, or one's Cattel; without any lawful Authority, or Cause of Juftification: Which is called a Breach of his Close. Remedy: Damages; By Action of Trespass, quare Claufum fregit: Befides that of Diftrefs, Damage feafant. But, unless the Title to the Land came chiefly in question, or the Trefpafs was wilful or malicious, the Plaintiff (if the Damages be under forty fhillings) fhall recover no more Costs than Damages,

* See APPENDIX, No, IX.

CHAP.

NUS

USANCE, or Annoyance, is any thing that worketh Damage, or Inconvenience: And it is either a PUBLIC and COMMON Nufance, of which in the next Book; or, a PRIVATE Nufance, which is any thing done to the Hurt or Annoyance of, 1. The corporeal, 2. The incorporeal, Hereditaments of another.

2.

The Remedies, for a private Nufance, (befides that of Abatement,) are, 1. Damages; by Action on the Cafe; (which alfo lies for special Prejudice by a public Nufance.) 2. Removal thereof, and Damages; by Affife of Nufance. 3. Like Removal, and Damages; by Writ of Quod permittat profternere.

CHAP. XIV.

Of WASTE.

WASTE is a

I.

STE is a Spoil and Destruction in Lands and Tenements, to the Injury of him who hath, 1. An immediate Intereft (as, by Right of Common) in the Lands. 2. The Remainder or Reverfion of the Inheritance.

2.

The Remedies, for a Commoner, are Reftitution, and Damages; by Affife of Common: Or, Damages only; by Action on the Cafe.

3.

The Remedy, for him in Remainder, or Reverfion, is, 1. Preventive: by Writ of Eftrepement at Law, or Injunction out of Chancery; to stay Waste. 2. Córrective By Action of Wafte; to recover the Place wafted, and Damages.

CHAP.

CHA P. XV.

Of SUBTRACTION.

1.

JBTRACTION is when one, who owes Services

SUBT

to another, withdraws or neglects to perform them. This may be, 1. Of Rents, and other Services, due by TENURE. 2. Of those due by CUSTOM.

2.

For Subtraction of Rents and Services, due by TENURE, the Remedy is, 1. By Distress; to compel the Payment, or Performance. 2. By Action of Debt; 3. By Affife. 4. By Writ de Confuetu

dinibus et Servitiis;

to compel the Payment.

5. By Writ of Celavit; and 6. By Writ of Right

to recover the Land itself.

3.

To remedy the Oppreffion of the Lord, the Law has also given, 1. The Writ of Ne injufte vexes: 2. The Writ of Mefne.

4.

For Subtraction of Services, due by CUSTOм, the Remedy is, 1. By Writ of Secta ad Molendinum, Furnum, Torrale, &c; to compel the Performance, and recover Damages. 2. By Action on the Cafe; for Damages only.

CHAP.

D1

CHA P. XVI.

Of DISTURBANCE.

I.

ISTURBANCE is the Hindering, or Difquieting, the Owners of an incorporeal Hereditament, in their regular and lawful Enjoyment of it.

2.

Disturbances are, 1. Of FRANCHISES.

2. Of COMMONS. 3. Of WAYS. 4. Of TENURE. 5. Of PATRONAGE.

3.

Disturbance, of FRANCHISES, is remedied by a special Action on the Cafe; for Damages.

4.

Disturbance, of COMMON, is, I. INTERCOMMONING without Right. Remedy: Damages; by an Action on the Cafe, or of Trespass: Befides Distress, Damage feasant; to compel Satisfaction. 2. SURCHARGING the Common. Remedies: Diftress, Damage feasant; to compel Satisfaction: Action on the Cafe; for Damages: Or, Writ of Admeasurement of Pafture; to apportion the Common; and Writ de fecunda Superoneratione; for the fupernumerary Cattel, and Damages. 3. ENCLOSURE, or Obftruction. Remedies: Reftitution of the Common, and Damages; by Affife of novel

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Diffeifin,