is contended for, is, that the General Iffue, with a Liberty of giving the Special Matter in Evidence upon the Trial, may reasonably and with Propriety be allowed, in fuch Cafes as inftanced before, in order to give the poorer Sort of Clients an Opportunity to avail themfelves by an easy and cheap Method, rather than by that tedious, perplexed, and expensive one of pleading every Matter fpecially, in Juftification or Bar, as in the foregoing and following Iffues.

The following Iffue is in Replevin, the Nature of which Action, most of all others, gives Room for long and tedious Pleadings in Matters of as trivial a Concern as the preceding one, as may be eafily feen thereby; and the Question is, if fuch Pleadings cannot be fupplied by the like or by fome other Method. If fo, fuch a Cause might be tried upon an Iffue of 10 or 12 Sheets, inftead of one of above 130, as this is.

Though here are two Precedents only given, as very extraordinary ones in fuch Cafes, yet I believe it will be granted by every experienced Practitioner, that these are of a moderate Length, confidering the great Number of others most frequently ufed in Actions of the like Nature.

Dickins.

Hilary Term in the Thirty-third Year of the Reign of King George the Second.

Berks.

ff.

}THO

HOMAS C. and George D. were fummoned to answer Adam Lufb of a Plea wherefore they took the Cattle of the faid Adam Lub, and unjustly detained the fame against Gages and Pledges, &c. and whereupon the faid Adam Lufh, by A. B his Attorney complains, that the faid Thomas and George, on the twenty-feventh Day of December in the Year of our Lord one thousand feven hundred and fifty-eight, at the Parish of Saint Leonard, in W. in the faid County, in a certain Place there called the Old Moor, took the Cattle, to wit, eight Sheep of the faid Adam Lub, and unjustly detained them against Gages and Pledges, until, &c. Whereupon the faid Adam Lub fays that he is injured, and hath fuftained Damage to the Value of twenty Pounds; and therefore he brings Suit, &c.

And the faid Thomas and George, by R. B. Cognizance. their Attorney, come and defend the Wrong and Injury when, &c. and as Bailiffs of the Mayor, Burgeffes and Commonalty of the Borough of W. in the County of Berks well acknowledge the taking of the faid eight Sheep in the faid Place, in which, &c. because they fay that the faid Place called the R

Old

Old Moor, in which, &c. long before the faid Time when, &c. and at the faid Time when, &. was, and fill is a certain large Waste or Common afture, called and known by the feveral Names of the Old Moor, otherwise Portman's Moor, otherwife Portman's Mead, containing by Eftimation a large Number of Acres, to wit, forty Acres, lying and being at W. aforefaid in the County of Berks aforesaid, and lying and being within the Manor of W. in the County of Berks aforefaid, and Parcel of that Manor; and that the faid Mayor, Burgeffes and Commonalty of the Borough of W. aforefaid, long before the faid Time when, &c. and at the faid Time when, &c. were and ftill are feifed in their Demefne as of Fee of and in the faid Manor of W. whereof, &c. with the Appurtenances, and being so thereof feifed, because that the said eight Sheep at the faid Time when, &c. were in the faid Place in which, &c. Parcel, &c. eating up, feeding and depafturing on the Grafs there then growing, and doing Damage there to the faid Mayor, Burgeffes and Commonalty of the Borough of W. aforefaid, they the faid Thomas and George, as Bailiffs of the faid Mayor, Burgeffes and Commonalty of the Borough of W. aforefaid, well acknowledge the taking of the faid eight Sheep in the faid Place, in which, &c. and juftly, &c. as a Diftress for the said Damage fo by them there done and doing, &c. and this they are ready to verify; Wherefore they pray Judgment, and a Return of the faid eight Sheep, together with their Damages, &c. according to the Form of the Statute in fuch Cafe made and provided, to be adjudged

to

to them, &c. And for further Cognizance as to the taking of the faid eight Sheep in the faid Declaration mentioned, the faid Thomas and George, by Leave of the Court here for this Purpose first had and obtained, according to the Form of the Statute in fuch Cafe made and provided, as Bailiffs of the Mayor, Burgeffes and Commonalty of the Borough of W. in the County of Berks, well acknowledge the taking of the faid eight Sheep in the faid Place, in which, &c. because they say that the faid Place called the Old Moor in which, &c. long before the faid Time when, &c. and at the fame Time when, &c. was and ftill is a certain large Waste or Common Pasture, called or known by the feveral Names of the Old Moor, otherwise Portman's Moor, otherwise Portman's Mead, containing by Estimation a large Number of Acres, to wit, forty Acres, fituate, lying and being at W. aforefaid, in the County of Berks aforefaid, and that the faid Mayor, Burgeffes and Commonalty of the Borough of W. aforefaid, long before the faid Time when, &c. and at the faid Time when, &c. were and ftill are feifed in their Demefne as of Fee of and in the faid Wafte or Common Pafture in which, &c. with the Appurtenances, and being fo thereof feifed, becaufe that the faid eight Sheep, at the faid Time when, &c. were in the faid Place in which, &c. eating up, feeding and depafturing on the Grafs there then growing, and doing Damage there to the faid Mayor, Burgeffes and Commonalty of the Borough of W. aforefaid, they the faid Thomas and George, as Bailiffs of the faid Mayor, Burgaffes and Commonalty of the

Plea.

Borough of W. aforefaid, well acknowledge the taking of the faid eight Sheep in the said Place in which, &c. and juftly, &c. as a Distress for the faid Damage fo by them there done and doing, &c. and this they are ready to verify; Wherefore they pray Judgment, and a Return of the faid eight Sheep, together with their Damages, &c. according to the Form of the Statute in fuch Cafe made and provided, to be adjudged to them, &c.

And the faid Adam Lufh, as to the faid Cognizance of the faid Thomas and George by them firft above made as to the taking of the faid eight Sheep of the faid Declaration mentioned, fays, That they the faid Thomas and George, by reafon of any Thing therein alledged, ought not, as Bailiffs of the faid Mayor, Burgeffes and Commonalty, to acknowledge the taking of the faid eight Sheep in the faid Place called the Old Moor, in which, &c. to be juft, becaufe he fays that long before the faid Time when, &c. one William F. was and yet is felfed of the faid Place called the Old Moor, in which, &c. in the faid Parish of Saint Leonard in W. in his Demefne as of Fee, and being fo feifed thereof, he the faid William afterwards, that is to fay, on the twentieth Day of December in the faid Year of our Lord one thousand seven hundred and fifty-eight, at W. aforefaid, gave Licence to the faid Adam Luf to put his Cattle aforefaid into the faid Place called the Old Moor in which, &c. to depafture the Grafs there then growing, by virtue of which Licence the faid Adam Lufb afterwards, and before the faid Time when, &c. put the faid Cattle into the faid Place in which,

&c.