tion of the daughter as matter of aggravation. The same reasons apply to any other trespasses, for which a transitory action lies, when joined with Trespass quare clausum fregit.

For breach of close; and amotion of plaintiff from possession, with continuando.

For that the said D and E, on &c., at &c., with force and arms, broke and entered the plaintiff's dwellinghouse situate at &c., and made a great noise and disturbance there, and staid in the said dwellinghouse, without the license and against the will of the plaintiff, continuing such their noise and disturbance therein for a long time, viz. for the space of three days, and during all that time, greatly disturbed the plaintiff in his quiet possession thereof, and expelled and ejected him therefrom for a long space of time, to wit, from thence hitherto, &c. &c.

For breach of close; making an affray; and seizing and carrying away plaintiff's goods.

For that the said T, on &c., at &c., with force and arms, broke and entered the plaintiff's dwellinghouse, there situ-ate, and then and there made a great noise and affray therein, and then and there seized and took possession of the goods and chattels of the plaintiff, viz. one mahogany table, of the value of $-, one framed saw, of the value of $-, &c. &c., and kept possession of the said goods and chattels, and remained and continued in the possession of the said dwellinghouse, for a long space of time, viz. for the space of days, and until the plaintiff was obliged, at considerable trouble and expense, to replevy the same, viz. at &c. &c.; or, until the plaintiff was obliged to lay out a large sum of money, viz. the sum of $—, for the recovery of the said goods and chattels, and other wrongs, &c. &c.

For breach of close; seizing stock, &c.; working up materials; conversion, &c.

For that the said D and E, on &c., at &c., broke and entered a certain salt manufactory of the plaintiff, there situate &c., and there seized and took possession of divers goods and chattels of the plaintiff, there then found, viz. (specify the articles) and being in the whole of great value, to wit, of the value of $-, and which belonged to the said salt manufactory; and staid and continued in the said salt manufactory, and in possession of the said goods and chattels, for a long space of time, viz. days, and during that time, at

and in the said manufactory, and by and with the fires, materials, and utensils of the plaintiff there then found, and belonging to said manufactory, made, converted, and manufactured the said (the materials,) and afterwards took and carried away the same, and also the said &c., so by them seized and taken as aforesaid, from and out of the said salt manufactory, and from and out of the possession of the plaintiff, to places by the plaintiff unknown; whereby and in consequence of such seizure, and of other the premises aforesaid, the plaintiff was deprived of his said goods and chattels, and of the profits that would have accrued to him. from the use and sale thereof, and was, during all the time aforesaid, disturbed in the possession and occupation of his said manufactory, and was, during such time, and for a long time afterwards, prevented from following the business of a manufacturer of salt, by him at other times carried on, at the said manufactory, and was also obliged to pay, and did pay, a large sum of money, to wit, $-, and was otherwise put to great trouble in endeavoring to obtain restitution of the said property, so by them seized as aforesaid; and other wrongs, &c.

For entering a dwellinghouse; making a riot there, expelling plaintiff, &c.

For that the said D and E, on &c., with force and arms, broke and entered the dwellinghouse of the plaintiff, situate &c., and thereby greatly disturbed the plaintiff in the quiet possession of the said dwellinghouse, and then and there broke down a certain fire-grate, of the plaintiff, of the value of $, and then and there broke to pieces, damaged, and spoiled, the said fire-grate; and then and there seized, and took divers goods, chattels, and furniture, to wit, (set out the goods) of the value of $-, in the said dwellinghouse, then and there being, and with great violence, threw and cast the said goods &c. of the plaintiff, out of the said dwellinghouse, into the public street or highway in said &c., adjoining to the said dwellinghouse, and thereby then and there greatly soiled, broke, damaged, and spoiled the said goods &c.; and then and there, with strong hands, expelled and put out the plaintiff with his family from the possession and occupation of the said dwellinghouse, and kept the plaintiff with his family, so expelled and put out from the possession and occupation of the said dwellinghouse for a long space of time, then next following, to wit, from therce until the day of the purchase of this writ, whereby the plaintiff, dur

ing that time, not only was deprived of the use and occupation of the said dwellinghouse, but was also thereby greatly injured and obstructed in his necessary affairs and employment, by him during that time to be done and followed, and was put to great labor and trouble, and obliged to expend a large sum of money, viz. the sum of $-, in obtaining and furnishing another dwellinghouse for himself and family, to wit, at &c.

For breaking plaintiff's close; pulling down a shed; erecting a house, &c.

For that the said D and E, on &c., at &c., with force and arms, broke and entered the close of the plaintiff, there situate, called &c., and then and there trod down and spoiled the grass of the plaintiff, there then growing, and being of a large value, viz. of the value of $-, and then and there threw down and prostrated a certain building of the plaintiff, of a large value, viz. of the value of $-, then and there erected, called &c., and the materials thereof coming, viz.

loads of bricks, of the plaintiff, of the value of $—, took and carried away, and converted and disposed of, to the use of the said D and E, and then and there dug up and subverted the soil and earth, together with other the grass of the plaintiff, then and there respectively growing and being, of a large value, to wit, of the value of $—, and then and there erected and built a great part of a certain messuage or dwellinghouse in and upon the said close, and then and there put out and expelled the plaintiff from the possession and occupation of a great part of his said close, and kept and continued him so put out and expelled, and the said part of the said messuage or dwellinghouse, so by them erected on the said close as aforesaid, for a long time, to wit, from thence hitherto; whereby the plaintiff, during all that time, hath lost, and by reason of the said last mentioned building, will hereafter lose and be deprived of the free and entire use and occupation of his said close; and other wrongs, &c. &c.

For breaking plaintiff's close, taking away his mare, and converting her, &c.

For that the said D, on &c., at &c., with force and arms, broke and entered a certain close of the plaintiff, situate &c., and then and there, with his feet in walking, trod down, and spoiled the grass of the plaintiff, there then growing, of the value of $-, and then and there, with force and arms, took and led away a certain mare of the plaintiff, there

then being, of great value, viz. of the value of $—, and kept and detained, and still keeps and detains the same; or, and converted and disposed thereof to his own use; and other wrongs, &c.

4. Trespass to personal property.

For taking and carrying away the plaintiff's goods, and converting them to the defendant's use.

For that the said D, on &c., at &c., with force and arms, took and carried away the goods and chattels, viz. three butts of beer, seventy pounds of butter, &c. &c.; then and there found and being, of great value, to wit, of the value of $, and converted the same to the use of the said D, against the peace of the commonwealth, and to the damage, &c.

NOTE. In Trespass for taking and carrying away the plaintiff's goods, it is absolutely essential to state, that the goods were the plaintiff's goods; the plaintiff's title to recover rests on that point, and the omission is not cured by a verdict. Strange, 1023; 2 Lev. 156; 2 Cro. 46; Salk. 640. But if the defendant's plea shows that the goods were in the possession of the plaintiff, the declaration will be aided. 1 Sid. 185.

The goods must be set forth with certainty, in the declaration, so that the defendant may be able to justify; or, in case of a recovery against him, to plead it in bar of another action for the same goods. See 5 Co. 34, b; 4 Bur. 2455; 3 Wils. 292.

The value of the goods should be mentioned. 2 Lev. 230; 2 Cro. 307. The omission to state the value of the goods, is aided by a verdict, but uncertainty in specifying the goods is not. Com. Dig. Plead. 3 M. 5. (Edition, 1822.) This action is transitory.

For seizing two silver tickets of the plaintiff, whereby he was prevented from getting admission into a place of entertainment.

For that the said D, on &c, at &c., with force and arms, took and carried away two silver tickets of the plaintiff, of great value, viz. of the value of $-, being tickets entitling the plaintiff, and the bearer and bearers thereof, for the time being, to admission &c. (according to the fact, or the face of the ticket,) during the performances and exhibitions from time to time, taking place there, and which said tickets were transferable by the plaintiff, as proprietor of the same, to any other person or persons for the purpose of procuring such person or persons admission to the said (place of exhibition,) and withheld and detained the said tickets from the plaintiff for a long space of time, to wit, from thence hitherto; whereby the plaintiff, during all that time, bath been prevented from gaining admission into the said (place

of exhibition) at and during the performances and exhibitions which have taken place there, by virtue of the said tickets; and hath, during all that time, been prevented from transferring or letting out the same tickets to any other person or persons, for the purpose of entitling such person or persons to admission into the said (place of exhibition,) during the said performances and exhibitions there, and particularly to one A B and one C D, who would otherwise respectively have hired the said tickets of the plaintiff, during certain periods of performance at the said place of exhibition, during the time aforesaid; and the plaintiff hath thereby been deprived of an opportunity of making, and hath lost a large sum of money, viz. $-, which he could otherwise have acquired, and which would have accrued to him from such transferring or letting out of the said tickets, viz. at &c. aforesaid.

For stopping plaintiff's dray, and seizing a bridle, &c.

For that the said D, on &c., at &c., with force and arms, stopped a certain dray of the plaintiff drawn by certain cattle of the plaintiff along the highway in said &c., and seized and took from the head of one of the said cattle, then drawing the said dray, a certain leather bridle of the plaintiff, of the value of $-, and kept and detained the same for a long time, and until the plaintiff was forced to pay, and did pay to the said D the sum of $-, for the redemption of the said bridle, &c.

or, instead of the words in italics,

and carried away the same, and converted and disposed thereof to his own use, &c.

For shooting plaintiff's dog.

For that the said D, on &c., at &c., with force and arms, shot and killed a certain dog of the plaintiff, then and there found and being, of great value, viz. of the value of $-, and other wrongs, &c.

See ante, under case for misfeazance.

For killing plaintiff's horse.

For that the said D, on &c., at &c., with force and arms, beat, bruised, wounded and ill treated a certain gelding of the plaintiff, then and there found and being, of great value, viz. of the value of $-, so that the said gelding languished