To land, &c. converted and disposed thereof to his own use, [add a count for carrying away trees generally as ante, 379.} Declaration in trespass for mesne profits, as ante, 367 to 370.] * 389 [Commencement and conclusion in K. B. C. P. or Exchequer, For that the said CD, heretofore, to after a recov- wit, on, &c.(g) with force and arms, &c. broke and entered ery in ejectment.(p) messuages, &c. [the premises are to be described as in the declaration in ejectment in which judgment *was ob tained] situate and being in the parish of, in the county of, and ejected, expelled, put out, and amoved the said A B from his possession and occupation thereof, and kept and continued him so expelled and amoved for a long space of time, to wit, from the day and year aforesaid, until and upon, &c. (the day on which possession was obtained,) and during that time took and had and received to the use of him the said C D, all the issues and profits of the said tenements, being of great yearly value, to wit, of the yearly value of . Damage.(r) Whereby the said A B, during all the time aforesaid, not only lost the issues and profits of the said tenements, with the appurtenances, but was deprived of the use and means of cultivating the same, and was forced and obliged to, and did neces sarily lay out and expend divers large sums of money, amounting in the whole to a large sum of money, to wit, the sum of - in and about the recovering of the possession of the said tenements, with the appurtenances, to wit, at, &c. aforesaid. (p) See the precedents in Runn. Eject. 535, 536. 2 Rich. C. P. 440. This action may be in the name of the nominal plaintiff, or of the lessor of the plaintiff; if there were several demises, and the party interested had no right of possession anterior to the day of the demise in the ejectment, it is frequently most advisable to proceed in the name of the former; but otherwise in that of the latter, in order to recover anterior mesne profits. As to this action in general, see Runn. Eject. 438 to 445. and ante, vol. 1. Index, tit. Mesne Profits. (9) This is usually the day of the suster laid in the declaration in ejeet ment, but where the plaintiff's right of possession and the defendant's un lawful entry were anterior to that time, it is advisable to state the time according to the fact. (r) In this action the plaintiff may recover in damages the value of the occupation of the premises, together with the costs of the action of ejectment, and if any particular damage, waste, or injury to the premises were committed by the defendant, it should be stated specially, and such statement may be as in the precedents ante, 385, 386. 8 And other wrongs, &c. [Conclusion in K. B. C. P. or Ex- Ta land, &c. chequer, as ante, 367 to 370.] gainst an inferior tradesman, for hunting, &c. on 4 and 5 W. & M. c. 23. s. 10. ($) * 390 [Commencement and conclusion in K. B. C. P. or Exchequer, Trespass us ante, 367 to 370.] For that the said CD, (being at the several times in this count mentioned, a dissolute person, and not an apprentice in company with his master, duly qualified by law so to do) on, &c. and on divers *other days and times between that day, and the day of exhibiting this bill, (or in C. P." the commencement of this suit,”) with force and arms, &c. broke and entered a certain close, or piece or parcel of land called, of the said A B, 'situate, lying and being in the parish of —, in the county of ——, and then and there hunted in, upon, and over the said close or piece or parcel of land, and then and there with feet in walking, and with divers dogs, trod down, consumed, and spoiled the grass and herbage of the said A B, of great value, to wit, of the value of -. there then growing and being; and also then and there broke down, pulled down, pulled to pieces, prostrated and destroyed the hedges and fences, to wit, perches of the hedges, and -- day Second count close and killfor breaking ing game, at perches of the fences of the said A B, of great value, to wit, of the value of. there then erected, standing, and being, contrary to the form of the statute in that case made and provided.(1) And also for that the said C D, on the said of, and A. D. and on divers other days between that day and the day of exhibiting this bill, with force and arms, &c. broke and entered divers, to wit, A B, situate and being in, &c. aforesaid, and then and there with feet in walking, and with the feet of divers dogs, trod down, trampled upon, crushed, and spoiled the grass and corn other closes of the said common law. For fishing, * 391 of the said A B, then growing and being in the said closes, and then and there being of great value, to wit, of the value of — and then and there with the said dogs, and with guns, hunted and searched in the said closes, for hares, pheasants, partridges and other game, and killed, seized, took, and carried away from and off the said closes, divers, to wit. hares, conies of the said A B,(u) of great value, to wit, of the value of -. then being in and upon the said *closes, and converted and disposed thereThird count of to his own use. And also for that the said CD on, &c. for carrying aforesaid, with force and arms, &c. to wit, at, &c. aforesaid, away game. First count for fishing in plaintiff's close covered with water. (Jr) killed, seized, took, and carried away divers, to wit, other pheasants, other partridges, and other conies, of the said A B, of great value, to wit, of the value of . and converted and disposed thereof to his own And other wrongs, &c. [conclusion in K. B. C. P. or Exchequer, as ante, 367 to 370.] use. [Commencement in K. B. C. P. or Exchequer, as ante, 367 to 370. the venue is local.]—For that the said C. D. on, &c. and on divers other days and times, between that day and the day of exhibiting this bill, with force and arms, &c. broke and entered the close of the said A B, covered with water,(y) situate and being in the parish of in the county of and then and there fished in the said close for fish, and the fish, B,(a) of great value, to wit, of the value of there then (u) This is sufficient, though game (a) See the precedents, 9 Wentw. cie entitled to the fishery therein, it is frequently advisable to insert this count, Co. Lit. 126. b. n. 1. (y) This is the mode of describing the right to a pond, &c. where the plaintiff is entitled to the land under the water. Co. Lit. 4. b. Yelv. 143. (z) Insert a sufficient number of each description of fish, that may probably have been taken. (a) As to the allegation of the property in the fish, ante, 390. n." (u). and Cro. Car. 553. found and being, caught, took, and carried away the same, and For fishing, converted and disposed thereof to his own use. -situ &c. for fisting in plaintiff's scveral fishery, * 392 And whereas also, the said CD, on, &c. and on divers other Second count days and times, between that day and the day of exhibiting this bill, with force and arms, &c. broke and entered the several fishery, of the said A B, in a certain river called ate and being in the parish of, in the county of and then and there fished in the said fishery for fish, and the fish, to wit, &c. (enumerate as in the last precedent,) of the said A B, there then found and being, of great value, to wit, of the value of . caught, took and carried away, and converted and disposed thereof to his own use. And also for that the said CD, on, &c. and on divers other days and times, between that day and the day of exhibiting this bill, with force and arms, &c. in the free fishery of the said AB, in the parish aforesaid, in the county aforesaid, fished, and the fish, to wit, &c. (as in the precedent, ante, 391.) there then found and being, of great value, to wit, of the value of. caught, took and carried away, and converted and disposed thereof to his own use. And also for that the said CD, on, &c. aforesaid, and on Fourth count for catching divers other days and times, between that day and the day of plaintiff's fish exhibiting this bill, with force and arms, &c. to wit, at, &c. generally. aforesaid, caught, took, and carried away other the fish, to wit, &c. (as in the precedent, ante, 391.) of the said A B, there then found and being, of great value, to wit, of the value of --. and converted and disposed thereof to his own use, to wit, at, &c. aforesaid, [conclusion in K. B. C. P. or Exchequer, as ante, 367 to 370.] For that the said C D, being at the several times in this Against an incount mentioned, a dissolute person, and not an apprentice in (b) It is doubtful whether trespass lies for fishing in a free fishery, and therefore a verdict should not be taken unnecessarily on this count. Co. Lit. 127. b. notes to 122. a. n. 7. Bl. Com. 39. 2 Salk. 637. F. N. B. 88. (c) See the precedert, 9 Wentw. 157. where the facts will support this count, it is advisable to insert it in order to recover full costs, see ante, 389. note (s). Other counts at common law, as above should be inserted. ferior tradesman, on stat. 4 and 5 W. & M. c. 23. s. 10, for fishing in plan til's several fishery, (^) company with his master, duly qualified by law so to do, on, * 394 *VIII. DECLARATIONS IN EJECTMENT. In the King's Bench, (or " Common Pleas,") Michaelmas(b) Term, 48 Geo. III Declarationby (c) (to wit.) Richard Roe(d) was attached to an original in K. swer John Doe(d) of a plea, wherefore he the said Richard Roe, B. or C. P. on a single demise.(a) (a) It is most usual to proceed in ejectment in K. B. by declaration on a supposed original writ. (b) Though we have seen that in general a declaration must not be intituled of a term anterior to the cause of action, (ante, 1. n. (a),) yet in ejectment it is otherwise, and the demise and ouster are frequently laid after the term of which the declaration against the casual ejector is intituled, and no objection can be taken, because the nominal defendant cannot demur, and the real defendant, if he appear, must by the terms of the consent rule, accept a declaration against (c) The venue is local, and even after verdict, if the venue were laid in a wrong county, it would be doubt. ful whether the plaintiff could obtain possession, 7 T. R. 588. (d) Any names may be adopted for these nominal parties, but the common names, John Doe for the supposed plaintiff, and Richard Roe for the casual ejector are preferable. Though usual, it is not necessary to insert the supposed addition of the defendant, the stat. 1. Hen. V. c. 5. not extending to declarations, 3 Bos. & Pall. $99. |