OF PEWS. DISTURBANCE aforesaid, until the time of the committing of the grievance by the said C. D. as hereinafter next mentioned had, and still of right ought to have, for himself and his family inhabiting in the said messuage, with the appurtenances, the use and benefit of a certain pew in the parish church of, &c. aforesaid, to hear and attend divine service celebrated therein, as to the said messuage, belonging and appertaining. Injury. Yet the said C. D. well knowing the premises, but contriving, and [⚫409] wrongfully and unjustly intending to injure and prejudice the said A. B. and to deprive him of the use and benefit of the said pew, whilst he the said A. B. was so possessed of his said messuage, with the appurtenances, and dwelt and inhabited therein as aforesaid, and was entitled to the use and benefit of the said pew as aforesaid, to wit, on, &c. and on divers other days and times between that day and the day of exhibiting this bill, at, &c. unlawfully, and without the leave or licence, and against the will of the said A. B. entered, and caused and procured divers other persons to enter, and continue in the said pew during the celebration of divine service in the said church, and thereby greatly disturbed the said A. B. in the enjoyment of the said pew, and prevented him from having the use and benefit thereof in so full and ample a manner as he otherwise might and would, and ought to have done, and also unlawfully tore, wrenched, broke, and damaged the door of the said pew, and also unlawfully shut and fastened the door thereof, and kept the same so shut and fastened for a long space of time, to wit, hitherto, and thereby, during all that time, hindered and prevented the said A. B. and his family inhabiting in the said messuage, with the appurtenances, from sitting in and using the said pew for the purpose aforesaid, and whereby he the said A. B. could not, during the time aforesaid, have or enjoy the use of the said pew for himself and his family inhabiting the said messuage in so ample and beneficial a manner as he otherwise might and ought to, and would have done, and hath been greatly disturbed and molested in the use and enjoyment thereof, to wit, at, &c. aforesaid.-[Second count similar to the first, except that instead of the words “use and benefit,” say "the right, privilege, and liberty of sitting in the said pew," and conclude as ante, 287.] For distur &c. [410] For the precedents and mode of declaring for a disturbance, substracbance of fran- tion, or other injury to FRANCHISES, see 4 Mod. 423. 1 Show. 18. 8 chises, tolls, offices, ferries, Wentw. Ind. 58. At suit of a bailiff against a party for executing a writ within jurisdiction, 9 East. 330. And generally, Com Dig. Action Case, Disturbance. To TOLLS in a market, &c. 2 Saund. *172. n. 1. 1 Bos. & Pul. 400. Owen. 109. Cro. Jac. 43. 122-3. 3 Lev. 190. 2 Lutw. 1517. 6 East. 438. 8 Wentw. Ind. 58. For NOT GRINDING CORN at plaintiff's ANCIENT MILL, 2 Saund. 112-3. n. 1. 172. n. 1. 8 Wentw. Ind. 58. Dougl. 218. Of OFFICES, 10 Co. 59. b. Cro Eliz. 335. 8 Wentw. Ind. 54. Of FERRIES, Willes. 508. 8 Wentw. Ind. 58, 2 Saund. 114. Declarations on statutes so much depend on each particular statute, that no general precedent can well be given; see the forms referred to, 8 Wentw. Ind. 58. and the notes to the precedent, ante, 236. in debt by the party grieved; and Com. Dig. title Action upon Statute, and title Pleader, 2 S. to 2 S. 30. On the, &c. RIOT ACT, 1 East. 615. 3 East. 400. 457. Against the hundred on 6 Geo. 1. c. 16. 11 East. 349. On the stat. of Winton, 13 Edw. 1 HUE AND CRY, with notes, see 2 Saund. 374. CASE ON STATUTES. -, (to wit.) (c) C. D. was summoned to answer A. B. of a plea, Declaration in wherefore he took the cattle, (or, "the goods and chattels," or, " the replevin in K. B. or C. P. (a) corn,") of the said A. B. and unjustly detained the same against sureties and pledges, until, &c. and thereupon the said A. B. by E. F. his attorney, complains, for that the said C. D. on the —— day of A. D. (d), in the parish of —, in the county of in a certain dwelling-house there (e), [or, if on *land," in a certain close," [⚫ 412 ] Wentw. 142. 144. and if the defen- cr REPLEVIN. or, common," there, called. and chattels,") to wit, (e),] took the cattle (f), (or," goods (g) of him the said A. B. (h) of great value, (i), and unjustly detained the same, to wit, of the value of L.against sureties and pledges, until, &c. (k) Wherefore the said A. B. saith, that he is injured, and hath sustained damage to the value of L.- (1), and therefore he brings his suit, &c. In the County Court of. In the County Court of. (to wit.) C. D. was summoned to answer A. B. of a plea. Wherefore he took the cattle, (or, " the goods and chattels,” or “the corn,”) of the said A. B. and unjustly detained the same against sureties and pledges, until, &c. and thereupon the said A. B. by E. F. his attorney, complains, for that the said C. D. on the day of in the parish of A. D. in the coun defendant lead or have the cattle, c. through or in a close or place different to that in which they were originally taken, the plaintiff may state the caption to have been in either, though it is more usual to insert the place where the cattle were first taken, 2 Wils. 354. 1 Saund. 347. n. 1. Com. Dig. Pleader, 3 K. 13. If several cattle be taken, some in one place and some in another, it should `be shewn in the declaration how many were taken in each, Com. Dig. Pleader, 3 K. 10. (f) If standing corn, &c. be taken under the 11 Geo. 2. c. 19. s. 8. the description will be as follows: "in a certain field, there called -, took the corn of the said A. B. to wit, acres of standing wheat, there then growing and being,and divers, to wit, cart loads of other wheat of the said A. B. there then also being, of great value, to wit, &c. ut supra.” (g) The description and number of the cattle or goods taken should be stated with certainty; as to the degree of certainty, see 2 Saund. 74. b. R. T. Hardw. 119. 2 Str. 1015. Com. Dig. Pleader, 3 K. 10. Bac. Ab. tit. Replevin. (h) The property must be correctly stated, and several persons having a distinct interest cannot join, Com. Dig. Pleader, 3 K. 10. ante, 1 vol. 52. (i) It is not necessary in replevin in the detinuit, which is now the usual form of action, to state the price or value of the cattle or goods, see the reason, 2 Saund. 320. n. 1. aliter if the declaration be in the detinet, Com. Dig. Pleader, 3 K. 10. (k) This is the proper form, when the cattle have been replevied, Com. Dig. Pleader, 3 K. 10. If the place where the cattle were first taken be doubtful, here insert another count stating the caption to have been in any place where it can be proved the defendant had or led the cattle. (2) Any sum sufficient to cover the amount of the damages really sustained. (m) See the precedents, 2 Rich. C. P. 346. Co. Ent. 314. b. and the notes to the last precedent which are applicable. ty of and unjustly detained the Wherefore the said A. damage to the value of same against sureties and pledges, until, &c. B. saith, that he is injured, and hath sustained L.50 (0), and therefore he brings his suit, &c. REPLEVIN. ment and conclusion in -, (to wit,) (6) A. B. complains of C. D. being in the custody Commenceof the marshal of the Marshalsea of our lord the now king, before the king himself, of a plea of trespass. For that (c) the said C. D. on the King's Bench. in the year of our Lord day of (d), with force (n) As to the necessity for this allegation, see Co. Ent. 314. b. 2 Rich. C. B. 346. 1 Saund. 74. n. 1. (0) In replevin by plaint the sheriff may hold plea in his county court to any amount though above 40s. by virtue of the statute Marlbridge, 2 Inst. 139. 312. 2 Rich. C. P. 347. (a) It is in general advisable to intitule the declaration specially, see the note, ante, 12. n. a. and 2 Saund. 1. n. 1. (6) In trespass to persons or to personal property the venue is transitory, unless in actions against justices of the peace, constables, &c. ante, Vol. 1. Index. tit. Venue. 21 Jac. 1. c. 12. But in trespass to real property the venue is local, and in such an action, if there have been any removal of a personal chattel it is usual to add a count de bonis asportatis, in order to avoid the danger of mis-description of the local situation in the first count. 1 T. R. 479. (c) The word whereas or wherefore, the defendant committed the trespass, would in K. B. be bad on special demurrer, ante, 1 Vol. Ind. tit. Declaration. 2 Salk. 636. 1 Stra. 621. Com. Dig. Pleader, C. 86. Andr. 282. But when the proceedings are by original, or in C. P. the count part may be aided by the prior recital of the supposed writ, and even a special demurrer could not then be supported, id. ibid. 1 Wils. 99. Barnes. 452. 2 Wils. 203. (d) In trespass for an assault, a a declaration charging "that the defendant on such a day, and on divers other days and times, &c. made an assault,” would be bad on special demurrer, as one assault cannot be made on different days. East. 395. 391. Though in trespass for debauching a daughter, or for crim. con. the rule is otherwise. 6 East. 391. ante, 314, 5.-In trespass to lands, or for cutting down or carrying away trees COMMENCE MENTS AND CONCLUSIONS. Conclusion. [415] and *arms, &c. (e) made an assault, [&c. to wit, at, &c. Here state the The like in the Common Pleas (i). Writ part. (h) and therefore he brings Pledges, &c. Trinity Term, 51 Geo. 3. to answer A. B. of a plea, to wit.) C. D. was attached wherefore he the said C. D. with force and arms, &c. made an assault upon the said A. B. to wit, at, &c. and there gave and struck, &c. 46 or for killing hares, &c. it may be stated that the defendant committed the trespasses on divers days, and times, but trespass cannot be laid of loose chattels with a continuando, Salk. 638, 639. Bul. Ni. Pri. 86. though it may on divers days and times." 3 Bla. Com. 212. 1 Ld. Raym. 240. Com. Dig. Pleader. 3 M. 10. 1 Saund. 24. n. 1.-Formerly it was usual to declare with a continuando as in 1 Saund. 24. but now it is more usual in trespass to land, to state "that the defendant on such a day, in such a year, and on divers other days and times, between that day and the exhibiting of this bill, (or in C. P. "between that day and the com. mencement of this suit,") with force and arms, &c. committed the trespasses," and the plaintiff may give in evidence any number of trespasses committed during the specified time. If only one day be mentioned, the plaintiff will not be permited to give evidence of more than one act of trespass, and where the trespasses are stated, as above, to have been committed on divers days and times, between such a day and such a day, if the plaintiff intend to give evidence of repeated acts of trespass he must confine himself to the time in the declaration, and therefore it is in general advisable in trespass to real pro perty to lay the first day so far back as to be certainly anterior to the first act of trespass; however, as the precise day is not material in trespass, either to the person, personal, or real property, the plaintiff may succeed upon the trial. as to any one single act of trespass, though committed prior to the time mentioned in the declaration. Bul. Ni. Pri. 86. 1 Saund. 24. n. . 2 Saund. 5. n. 3. Co. Lit. 283. a. Com. Dig. Pleader, C. 19. (e) A trespass should be stated to have been committed vi et armis, Com. Dig. Pleader, 3 M. 7. but the omission will be aided unless the defendant demur specially. 2 Saund. 81. n. 1. ante, vol. i. Index, tit. Vi et armis. (f) As to the alia enormia, see 1 vol. Index, tit. Declaration and alia enormia. Cro. Jac. 664. (g) The declaration in trespass should be contra pacem, Com. Dig. Pleader, 3 M. 8. but the omission is aided unless the defendant demur specially. ante, vol. i. Index, tit. Contra Pacem. (h) Any sum sufficient to cover the amount of the damages, which it may be probable the jury will give. (i) Observe the notes to the last precedent. This is the usual mode of declaring in trespass in the Common Pleas, but to avoid the prolixity and |