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Ibid. 592

Ibid. 320 Ibid. 339 Ibid. 344

Ibid. 347 Ibid. 357

PRECEDENTS i# Books of PRACTICE,

REPORTERS, &c. original ; no warrant of attorney ; feveral certioraris prayed; rule to return them; no error ; judgment attirmed,

Hunt. Rep.

and Dis. 238 to 245 Declaration in replevin for taking plaintiff's cattle, the de.

fendants plead property in a ftranger, and for a return make cognizance, as bailiffs to A. and B. for damage feafant in their freehold; replication, and issue on the property,

Hunt's Rep. and Dis. 276 Declaration for taking goods and chattels in a dwelling house ; avowry, for rent in arrear,

Mor. Pr. 590 Pleas in bar; iit, that the defendant of his own wrong took

the goods and chattels ; 2d, that plaintiff was not tenant

of the house to defendant, Declaration in replevin for taking plaintiff's cattle,

2. Wilk. Rep. 155 Count in bomine replegiando ; plea, non cepit.

2. R. Pr. C. P. 319 Count in homine replegiando ; plea, non cepit. Verdict for the

plaintiff one hundred pounds damages,
Declaration in replevin, for cattle in C. B.
Declaration in replevin, for cattle,
Declaration in replevin, in the county court, for goods

Ibid. 346
Declaration in replevin, in C. B. for goods,
Declaration in replevin, in C. B. for cattle,
Declaration in replevin, for a mare taken in the king's high-

Ibid. 368 way, Declaration in replevin, for seizing wreck on the sea fhore,

Lill. Ent. 349 Declaration in replevin, for straw, pease, and hay,

P1. Afl. 463 D.claration by original in B. R. in replevin, for cattle seized, Declaration in replevin, for seizing sheep, Declaration in replevin, for seizing wheat in shocks in plain

tiff's fields, called Gale's Orchard, and the Great Close in

Hefton Westfields, Declaration in replevin, on a re. fa. lo. in order to have costs where the damages are under forty shillings,

Lill. Ent. 375 Declaration in replevin, for a silver porringer; cognizance

by overseere, for a poors rate; replication, de injuria jua Gilb. Dift, and propria,

Rep. by Hunt. 236 Declaration for taking a mare in the highway,

Ibid. 238 Declaration in replevin, in K. B. for seizing goods and chat

tels for rent in arrear, Declaration in replevin, for taking cattle, Declaration in replevin, for taking a cow,

Ibid. 257 Declaration in replevin, for taking plaintiff's cattle,

Ibid. 263 Declaration in replevin, for taking plaintiff's goods; de

fendant pleads property as to part, and non cepit as to the

remainder, Declaration in the common pleas, in replevin, for a mare

taken in the king's highway; cognizance as bailiff of lord L. the locus in quo the freehold, the mare there damage feasant; and traverses the taking in the king's highway; plea to the cognizance, that he did take in the king's highway; general demurrer to the plea; joinder; continu.nce by cur, ad. vult. ; judgment for the plairtiff in replevin; award of injury, and return, and final judgment

Ibid. 471 Ibid. 475

Ibid. 479

Ibid. 245 Ibid. 249

Ibid. 277

PRECEDENTS IN Books of Practice

REPORTERS, &c, for damages and costs; assignment of errors in B. R. ift, general errors; 2d, no original ; 3d, no warrant of attorney; seve!. I certioraries; prayed rule to return them chief justice and custos brevium of common pleas non mifit breve; in nullo ift erratum pleaded, and judgment affirmed,

and for cofts in error, S. P. 415. Lill Ent..351. 2. R. Pr. C. P. 368 to 375 Declaration in replevin for taking plaintiff's cattle; iftcog

nizance as bailiff to J. W. S. acknowledges the taking the
cattle in the place in which, &c. because he says that the
place is a waste or common of forty acres in the parish of
W. and in the manor of W. and that within the manor,
from time whereof, &c. there hath been another common
called W. D. of which manor the said J. W. S. at the said
time when, &c. was seised in fee, and prescribes in a que
estate for a court leet, ani that there has been a custom for
a court leet to make bye laws for the prelervation of the
common within the manor, and to impose penalties
upon the farmers and tenants of the manor for breach
thereof; and the said J. W.S. and all those, &c. from time
whereof, &c. have demanded, received, and taken from
the persons offending against such bye law the penalties in-
curred for breach thereof, and on non-payment to distrain
the cattle of such farmer or tenant in any place within the
manor; and that at a leet held after Michaelmas 1764 a
bye law was made, which is set forth with a penalty for
breach thereof, and for acting contrary to that bye law
and all former bye laws; and that the plaintiff was guilty
of a breach of the hye law; whereby a penalty of thirty-
five pounds was forfeited to the faid j. W. S. and the same
not being paid upon request, but being in arrear the defend-
ant as bailiff to J. W. S. distrained the cattle in the place
in which, &c. being within the manor, and justly, &c.; 2d,
cognizance is like the firit, except in laying the custom to
make bye laws a little different from the first; 3d cogni.
zance is different from both the others in laying the cus-
tom to make bye laws; the plaintiff demurs to als the cog.
nizances generally; the defendant joins in demurrer, 2 Wilf

, Rep. 155 to 163 Declaration in replevin for seizing a cow in a place called

the lane; cognizance for a distress for a fine at a court leet in the manor of S. belonging to R. F. upon a custom to chufe a constable, ftates that the plaintiff was chosen conftable and refused to take upon him the office ; general demurrer and joinder,

Lill. Ent. 369 Declaration for taking goods and chattels in a dwellinghouse; avowry, for rent in arrear,

Mor. Pref. 590 to 594 Pleas in bar, ift, that defendant of his own wrong took the

goods and chattels; 2d, that plaintiff was tenant of the

house to defendant, Declaration in replevin in B. R. for taking household goods;

avowry, that tenant in fee of locus in quo, being a lot of land demised to defendant for a term of hfty-one years, whereupon he entered and built a house, where, &c. and demised the same to plaintiff for a year, at a rent payable

quarterly,

Ibid. 592

2.

PRECEDENTS is Books of PRACTICE

REPORTER S, &C. quarterly, and that he disrained for three years rent in arrcar; replication, no rent in arrear, and iilue,

Lill. Ent. 356 Declaration for cattle taken in several counties, Her. 629. For cattle taken, Ra. Ent. 554. št. o. co. Ent. 570. 573. 596. 593.601, 603. tog.

Wilk. 281. 1. Co. 54. 67. 2. Co. 27. Plo. 269. P. 10. E. 3. 45. Vet. Int. 47. 200. 211. 1. Br. 20. 22. 3. Br. 339. Ajh. 208. 1. Bro. 304. Tho. 264. 266. Ro. Ent. 141.405. Ii. Ent. 812. 816.825. 836. 840. 868.879 920. 2. San, 194• 283. Bro. R. 415.42 1. 2. Ven. 131 145.224. 2. Lut. 1131. 3. Lev. 120. 141.

Infi. Cl 423. Lev. Ent: 154. ; and goods, Ra. Ent. 128.557. 568. Upper B. P. 114. Her. 666. For a gelding taken, Wi. Ert. 859. 860. 3. Br. 267. Her. 652.661. For steers

or bullocks, H. 4. E. 3. 25. For one ox, Wi. Ent. 939. For two, 2. Lut. 1131. For a horse, Wi. Ent. 870. For one sheep, lb. 937. 2. Lut. 1237.; sheep and lambs, lb. 1139. 1231. For a mare, Wi. Ent. 849. 886.911. Bro. R. 414. Co. Ent. 591.600. Of heifers, 2. Lut. 1157. 1238. Of cows, Wi. Ent. 817. 826. 872. 9:8. 2. Lut, 115l. 1190. 3. Lev. 141. of beasts taken in two places, 2. Inft

. 533. 3. Br. 316. 325. Her. 679. Co. Ent. 585. Wi. Ent. 835. For beasts taken in the county of S. and chased into the county of K. and there im

pounded and replevied, Her. 629.680. For beasts taken and impounded at B. in the county of E. parcel of the honour extende

ing into the counties of E. and H. and the court held in the county of H. from whence the plaint was removed by accedas ad curian, Her. 629. Br. R. 419.

certiorari. For beasts taken one day and replevied the next, Her. 645. For cattle taken in plaintiff's custody, 11. H.4.17. 24. Declaration against a person for cattle taken by him, together with another, Co. Ent.

600. M. 5. E. 3. 3. 2. Iuft. 533. For cattle, goods, and chattels, Clift. 640. By an abbot, for cattle taken in the time of his predeceffor, 9. H. 6. 2;. Declaration on a second deliverance of cattle taken, Ra. Ent. 572. Co. Ent. 589.595.

4. Co. 6. 8. Co. 102. Plo. 845. P. 4. E. 26. P. 10. E. 3. 41. 3. Br. 267. 279. Her. 590. Ajh. 389; 401. Wi. Ent. 823. 875. 895. 926.954. 3. Lev. 105. Pl. Gen. 558. 2. Int. Cl. 423. Of beasts as yet derained, Ra. Ent. 572. 559. Co.

Ent. 610. Vet. Int. 48. in two places, Ra. Ent, 567. 572. Upper B. P. 112. Declaration in replevin on a plaint removed by certiorari and mitumus, 3. Br. 355. For cattle taken in one vill and impounded in another, and ftill detained, Upper

B. P. 114. For cattle taken, and part thereof detained, Rn. Ent: 554. 558. Mo. Intr. 303. C.

Ent. 611.613. Of goods, 1. Br. 159. For cattle taken and detained until, &c. and of other cattle and goods taken and detained, Ra. Ent. 567. 2. Br. 206.

Upper B. P. 86. Declaration on pluries replevin of cattle taken in divers places, Ra. Ent. 560. Upper

B. P. 113. In one place, 3. Br. 311. For cattle taken, the price of them mentioned in the declaration, z. San. 320. Oi

goods and chattels, 2. Lut. Ent. 1147. Declaration wherefore detains twenty sheep until, &c. and four Theep, residue there

of, he as yet detains, Pl. Gen. 601. For five mares and one filly, 3. Lev. 105. For goods and chattels taken, Wi. Ent. 837. 2. Lur. 1147. 1155. Lev. En:. 112.

For chattels, Vet. Int. 240. 3. Br. 306. By administrator, for chattels taken in time of inteftate, Ra, Ent. 560.

For

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For one load of hay, Wi. Ent. 850. A cart, 2. Lut. 1174. For fix casks of allum,

1. San. 187. Two pigs, 2. Lut. 1144.
Declaration in replevin, where defendants in person appear on super fedeas, and pay

into the hands of the prothonotary to satisfy plaintiff, Wi. Ent. 906.
On a plaint removed in the county of B, out of the court of the honour of W. by ceto

ticari, Br. R.419.
Declaration in replevin for yet detaining, and praying delivery together of two

calves which the cows brought forth in the mean time, Mo. Int. 236.
Plea, (after confefsion of the declaration) a release of plaintiff to defendants W. and

W.; replication by way of eftoppel, that defendants had twice imparled; and de-
murter, 2. Lut. 1174.
Declaration for cattle ftill detained ; defendant avows taking part of the cattle ;

plaintiff thereupon prays that defendant may gage deliverance of cattle, which he
agrees to do, and writ awarded to theriff to make deliverance, Ra. Ent. 554. Vet.
Int. 47. Upp. 113
Similar declaration for part of cattle, whereof plaintiff prays that defendant may
gage deliverance ; avowry, and to delivery says, that he made delivery in the
county, and writ awarded to the sheriff to make delivery si non, &c. Ra. Ent. 558.
Upp. 88. Similar declaration ; defendant avows, plaintiff prays that defendant
may gage deliverance, who finds pledges thereon, and judgment of delivery, Ra.

. Similar declaration for ten oxen detained; plaintiff prays that defendant may gage deliverance; as to nine of the cattle gages deliverance, to the other fays he died in pound overt through plaintiff's default; writ awarded to sheriff of delivery of

the catt'e, Ka. Ent. 565. Vet. Int. 47.
Similar declaration ; avowry, plaintiff prays delivery ; defendant fays that part of
the cattle died of hunger in the pound, which plaintiff does not deny, and gages
deliverance of the residue, Ra. Ent. 568.
Gage deliverance on pledges found on the prayer of plaintiff, afferting that defend-

ant detained the cattle, and wriç awarded to the sheriff, Ra. Ent. 565. Vet.
Defendani, after issue joined of cattle ftill detained, says, that he ought not to gage
deliverance, because he says that he put the cattle in pound overt, where they died
of hunger; replication, that defendant converted them to his own use; and tra-
verses that they died of hunger, Ra. Ent. 567. Upp. 113.
Return by sheriff, that he took the cattle of defendant to the value, on a pluries re-
plevin after a return of cattle eloigned on which he and the other defendants are
fined for contempt ; declaration against them, and gage deliverance on each side ;
defendant did not deliver the cattle accordingly, and thereon fcire facias awarded
on the recognizance ; fureties appear and severally plead that defendant delivered
the cattle, and iffue ; verdict, that he did not deliver the cattle, and judgment
thereon, Co. Ent. 611.
Declaration for cattle as yet detained ; cognizance as bailiff for an annual rent un-

paid, and as to delivery of the cattle says, that he impounded them, and after.
wards the cattle came to plaintiff's poffeffion, Br. R.415.
As to part of the cattle defendant claims property, as to the residue defendant avows
plaintiff thereupon prays that defendant may gage deliverance of the catile, upon
which defendant says that part of the cattle perished with hunger in the open pound
through plaintiff's fault, which plaintiff does not deny, and of the residue defend-
ant gages deliverance, Mo. Intr. 316.
Pluries replevin, cattle eloigned returned by the bailiff, and cattle taken on

a capias fatisfaciendum in witbernam ; declaration thereupon, plaintiff prays
defendant may gage deliverance of the cattle before taken ; plea, and after issue
joined defendant prays that plaintiff may gage deliverance of the cattle taken in

wither

Int. 47

VOL. VI.I.

withernam, who finds pledges thereon, and rule that defendant may have them

thereon at the day of subpæna, &c. Mo. Intr. 324. Non cepit chattels ; avows taking cattle, Ra. Eni. 565. Non cepit two steers, and avows taking, H.

E.

3. 25. Plea by one non cepit, the other avows, Ra. En:. 561.565, Upp. B. P. u. Plea, that defendant is feised of a close in the same vill in which he took cattle da.

mage feasant, and traverses the taking mentioned in the declaration ; replication, issue on the plea, Ra. Ent. 554. Wilk. 282. Vet. Ini. 48. Traverse of locus, and makes cognizance taking catile damage feasant, Ver. Int. 244. Afh. 407. Nex cepit to part, 2. Br. 88. Traverse locus, and avows that he is seised of the manor whereof, &c. he took cattle damage feasant; replication, that locus is called as well

by one name as the other, Ra.Ert. 556. Vet. Int. 311. Plea, cepit, in alio loco, in the fame zill, and for return avows in locus of

parcel of the manor whereof he is seised, damage feasant; issue on the locum of

taking, Her. 590. Plea, cepit part of the catile damage feasant in his close, and traverses locus in de

claration, and to residue feofiment to uses and descent to F. issue on the traverse;

and deinurrer to the other piea, Ra. Ent. 554. Plea in abatement of declaration since second deliverance, for that locus in quo is in

another county ; judgment, Ibid. 274. Plea in ejiospel, (to declaration on second deliverance, for cattle taken in two lotis at

B.) for that plaintiff finit counted against defendant of taking in one place,

3. Br. 317. Plea in bar, protehing property in another, for plea cefit in alio loco, Ra. Ezt. 556, That

property of cattle was in defendant, and not plaintiff, and issue, Hir. 657. Of chattels, Ra. Ent. 557. Vet. Int. 53. 93. Her. 677. As to part, property m defendant, and not plaintiff; as to residue, non cepit, upper B. P. 128. 3. br. 436. Non cepit to part, to residue, that property in the horse was in L. and property in the dish in W. and not plaintif, Ra. Ent. 557. Upper B. P. 97. That proper: of the cow was in E. and not plaintiff; and property of two heifers was in l. and not plaintiff, and avows for a return. Ra. Ent. 568. That property of one ram was in defendant, and avows for two rams damage feasani, Her. 4. ; as to part, that property was in J. and defendant cepit as his servant, for residue avows; replica.

tion, that property was in plaintiff, and not in J. Ra. Ent. 567. Upper B. P. 98. Avowry as lord of moiety of the vill, and that caite belonged to R. and not to plain

tiff, and defendant took them damage feasant; plea in bar, that locus in quo, &c. is soil of plaintiff in severalty, and that cattle departured by him for prófit, and so the cattle belonged to him ; replication, that locus in quo is waste and held in com

moti, T. 3. E. 3. 37. Plea in abatement after hearing plaint returned by sheriff, upper. B.P. 95. Plea, that pl intiff delivered to him chattels for safe custody, in which case plaintiff

ought to prosecute detinue, and not replevin; replication, de injuria, &c. and

traverses del very, Ra. Ent. 569. Plea in abatement (by chaplain of Canterbury, after demanding to hear the plaint

certified into court by ricordari). for that the chaplain is not a name of dignity,

and judgment for defendant, Ra. Ent. 570. Plea, that locus of taking is in another county, in abatement, Jud. 274. Plea (to Count on second deliverance of cattle taken in trvo places in B.), eztepe', for

that plaintiff first counted of taking in one place in E. 3. Br. 397. l'lea in abate

ment by one; the other avows, Ra. Ent. 569. Plea, non cepit to replevin againit R. and M. his wife, and W. by R.; plea by M.

that she is the wife of E. ; cognizance by W. as bailiff of E. and M. his wife; replication, that M. is not the wife of E. Her. 658. Cognizance as bailiff

, for damage feasant; plea, non ballivus, Her. 604:

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