The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and Baronet, Lord Chief Justice of His Majesty's Court of Common Pleas ...

general than the plea to reach the substance of the issue. 106 15. The consideration executed is not traversable in an assumpsit. 106 16. Where the traverse that seems to contain more than the plea is yet well enough restrained and applied by a prædictus.

117 17. If a devise to a man and his heirs, and if he die without issue that it shall remain, be pleaded generally, as a devise in fee, the other side may traverse the devise. 310 18. Where a traverse without an inducement amounts only to a negative preg321

nant.

19. That which is not material must sometime be traversed as the presentation of J. S. alleged in a quare impedit; whereas if the same patron presented, it is not material whether the clerk were named J. S. or J. D. lb.

all.

dict and judgment against one, though he enter a nolle prosequi against the other, yet this is no discharge of his companion; otherwise it is, if there had been a nonsuit or a nolle prosequi against one before judgment. 70, 180 13. If judgment be given against one trespasser, and a nolle prosequi entered against the other, both cannot join in a writ of error. 70 14. Where a recovery in an action of trespass at the common law is a good bar in a trespass upon the statute, &c. 94 15. Will lie against a lunatic for hurting 134 16. If a trespass be brought for breaking his close at one day, the plaintiff may maintain his action by any one of one hundred trespasses before the action brought. 104. See Traverse. 17. The three several degrees to avoid the charge of a trespass. 1:34. in margine. 18. If two masters of defence, playing their prize, hurt one another, a trespass lies, quare.

a man.

134

19. If one trained soldier hurt another in skirmishing, a trespass lies.

ль.

20. If a man bring an action of trespass against A. quod ipse simul cum B. & C. did the trespass, and doth not sue them all, the writ shall abate. 164, 199 21. In a trespass against A. who pleads that he and B. did the trespass, and the plaintiff released to B. though the plaintiff traverse the release, yet the action shall not abate. Ib. 22. When the action may be trespass vi et armis, or upon the case, or general and applied to either. 180 23. Trespass vi et armis will lie for taking away quendam canem venaticum.

TROVER AND CONVERSION.

283

187

8. A release to one trespassor dischargeth 1. The form of pleading in it. 66 2. A trespass and detainer makes no conversion. lb. 3. An unreasonable detainer doth not make a conversion, though it serve to prove one. 187

9. Though the trespassers which are jointly sued, sever in pleas and issues, yet the one jury shall assess damages for all. lb. 10. What trespasser which is no party to the issue, likewise has an attaint for the damages, &c. 11. There can be but one satisfaction

TRIAL. Vide Visne.

taken against all the trespassers, but 1. Where a mistrial, though by consent of

the plaintiff hath election of the best damages.

Ib. 12. Where the two defendants sever in their pleas, and the plaintiff hath a ver

parties, is not aided.

5 2. Where the trial of the customs of London shall be by common jury, and not by certificate. 85, 86, 87

3. Where in a cause of public concernment to a town or city, the court may, for avoiding multiplicity of suits, direct a trial to be had in one man's case for all. 92 4. Where the right and title to corn growing came to be tried in an action of debt upon an obligation. 132 5. The trial of bastardy in an action for slander, shall be per pais, and not by the ordinary.

179 6. Where, and in what case, a matter of record, being mixed with a matter of fact, shall be tried per pais, and not by record. 244 7. The trial of full age in an atatate probanda, must be by jurors of fortytwo years old at least.

TYRANNY.

325

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4. Where verdict shall be sufficient for the plaintiff or defendant, though it do not find the issue literally, if it find the substance. 53, 54, 55, 73 5. Where a verdict that finds a thing merely out of the issue is utterly void.

44, 53 6. Where a verdict that is informal, shall be received and wrought into form by the court. 54 Where a verdict for one shall benefit another. 54 Where verdict that varies from the word of the issue shall be good enough, but where it wholly departs from it. 54, 55 9. Where a verdict shall be taken according to intent. 16, 55, 98, 312 10. If the plaintiff take issue upon the acceptance of a new bond in satisfaction of another, which is no bar, and verdict be against him, quære, whether the plaintiff may yet have judgment. 69 11. Where the verdict that doth not find the issue, modo et forma, as it is joined, is good enough, yet it must not wholly depart from the form. 73 12. What defects are holpen after a verdict. See the Statutes of Jeofails, and Jeofails.

13. The verdict in a ravishment of ward may be conditional. 99

14. The verdict may find the ward married, without saying by whom. 99, 100 15. Where the jury may in their verdict find a bond of septuagint. and quinquagint. lib. to be for seven hundred and fifty pounds, though they do not find that to be the intention of the parties, and though it were not so alleged in pleading.

116

117

16. Where the verdict that finds the issue which seems to be against law and sense, is not good, 112, 113; and where it is good. 17. Where a verdict upon an issue larger than was needful, is good enough. 119 18. What caution is best to be used in finding a verdict, where the doubt is likely to arise upon misnomer of the corporation.

125 19. In an action for debt for one hundred and ten pounds, upon the statute of 21 H. 8. for taking of farms, the issue was non debet, and the jury said 'debet thirty pounds,' without showing for which farm, or which month; yet held good.

318

20. Where the jury may, in their verdict,
find a local thing in another county, and
where not.
170
21. The different effects of a general and
special verdict.
191
22. When the verdict finds the fact, but
concludes upon it contrary to law, the
court shall reject the conclusion. 222
23. A jury may find matter of record, not-
withstanding our old books. 227
24. A special verdict may be found upon
a special issue, notwithstanding our old
books.
203, 227
25. The difference between a verdict and
a plea.
242
26. If the jury find a bargain and sale, or
a fine, and do not mention enrolment or
proclamation, it shall not be intended,
and why.

262
27. What shall be a sufficient verdict to
find a common recovery, and what not.
262, 263
28. Where a verdict concludes specially
upon one point, the court shall doubt of
no more than the jury doubts; secus,
where it concludes in the general.
262, 263
29. Where a verdict may be taken by a
reasonable intendment, and where not.
262, 263

VILLE.

1. If the ville of D. be named first, and
afterwards the parish of D. with a pre-
dictus, the parish and the ville shall be
by intendment all one, and coextensive.

VILLENAGE AND VILLEINS.

1. Came ex jure gentium, by reason of
captivity.

5. Where several issues may be tried by
one venire facios, from the several
places where the issues arise, and
where the ven, may be several. 37, 64
6. Awarded from one town inter alia,
from whence no issue did arise, is not
good.
37

7. Cannot be good for part and void in
part.

lb.
8. When the court ought to disallow it,
ex officio.
lb.

9. The plaintiff prays process to the coro-
ners, and the entry is et ei conceditur,
yet the venire facias was awarded to
the sheriff. Quare, whether this grant
in favor of the plaintiff may not still be
forborn; and quere, whether it be not
remitted by the statute.

10. Venire fuc. ad triandum exitum, is good
enough where several issues are join-
ed.
66
11. Venire fac. returned by three coro-
ners, where there are four, is holpen by
the statute of jeofails; not so of a return
by one sheriff in London.
70
12. The visne must neither be too large,
nor too strait.
76

13. The want of assigning the place from
whence the visne should come, will not
hurt, where the fact is confessed. 82
otherwise where it is not confessed.

14. The ven. must be de corpore Com. for
trial of titles, as knight or not knight, or
such like issues as are at large. 89
15. A new ven. fac. shall be awarded,
when the habeas corpus is returned al-
bum breve.

6
130
16. If no place be alleged for the fact in
issue, there the taking of the visne from
the place of the action shall be presum-
ed right, because the contrary appears
not; secus, if the fact had been laid in
another place.
187, 188
17. Where the promise is laid in one
place, and the breach in another, the
visne must be according to the event of
the issue, whether it be taken upon the
promise or the breach.
188

99
2. The confession in court of record is
not a creation, but a declaration of a
rightful villenage before.
Ib.

3. The confession in court of record binds
not the issues born before; they may
falsify.
lb.
4. Why villeins of old were called servi.
16.

18. Where the issue for trying the pre-
scription for the way is from all the
places mentioned in the record, it shall
not be made void by a foreign surmise.
189, 190

19. If the issue be nul tiel ville, the ven.
must be de corpore comitatus. 249
20. If the issue be non habetur tal. ecclesi-
am de V. the ven. must be de vicineto de
V.
249, 250
37 21. If the issue be nul tiel custoin for the

4. Ought to come from the place where
the particular issue did arise.

Wilde of Kent, the ven. must be de cor-
pore,
&c.
266
22. If the issue be not parcel of the ma-
nor of D. the visne must be from the ma-
nor, not from D.
284, 285
23. If the issue be hors de S. fee, the ven.
may be from D. the place of the taking,
and not from the manor; for after a ver-
dict the court regards not the possibility
that the manor may be larger than the
town.
305, 326
24. In an action upon the case for plowing
a way in D. leading from D. to S. if the
issue be not guilty, the ven. from D. is
good enough; but if issue be upon the
prescription, the ven. must be from 326,
D. and S. 305

1. May be by him who comes in as vou-
chee.
21

2. If the tenant by courtesy come in as
vouchee, he may have aid of him in the
reversion.

lb.
3. Where it may be upon a release with
warranty.
Ib.

4. So of a coparcener who comes in as
vouchee after feoffment with warranty.
lb.

5. Upon a release with warranty, if coun-
terpleaded by the demandant, the aid of
it is lost.

22
6. The difference between a voucher and
a warrantia charte, brought upon a war-
ranty of land discharged of rent. lb.
7. In a writ of entry in the per, how far ad-
mitted.
lb.
8. A judgment upon it binds the land on-
ly from the time of the voucher. 23

10. Where it may be of the very heir
alone, or of the other heirs also for pos-
sessions, as of the sister, heir by posses-
sio fratris, or the younger brother in
borough English, or the rest of the
brothers in gavelkind.
23, 31
11. Where it may not be by special heirs
alone, except they come in as vouchees
for possession with the very heir.
12, Cannot be by one parcener alone, af-
ter aid prayed of bis fellow, if his fellow
make default.
26
13. When the vouchee would avoid the
warranty by change of the estate, he
must show how the estate is changed.

Ib.
14. When the vouchee enters generally
into warranty, he shall warrant no es-
tate but that which the tenant hath, un-
less in special cases.

Ib.
15. If the vouchee enter with a protesta-
tion, how it shall help him.
Ib.
16. May be after the privity destroyed by
them who are by representation in of
their first estate.
25, 26
17. Cannot be by him that hath suffered a
common recovery to the use of himself
and his heirs.

27
18. When it may be by a stranger to
whose use a common recovery hath been
suffered.
lb.
19. Cannot be the second time after re-
compense in fee once had.
27
20. Otherwise it is, if recompense be only
for life.
28
21. If one only, where a man hath several
warranties, is a renouncing of the other
warranty.
27, 28, 29
22. May be by the husband only upon a
release with warranty to him and his
wife, if the wife had nothing.
27
23. He that is heir to several warranties,
must be vouched only as heir to one. 29
24. In some respects it is a plea in bar,
and in other respects it is a kind of suit.

Ib.
25. If the warrantors advised several pleas
in an action where they cannot be vouch-
ed, recompense can only be had against
him whose plea was followed. Ib.
26. If the grantee of an advowson with
warranty vouch and lose, he shall have
a recompense in land.
43
27. After the vouchee hath entered into
warranty the tenant is out of court. 47,

163

An office in one shire found of all the
lands, some lying in other shires, is al-
allowed by the course of the court to
ground a charge or process upon, to
avoid the subject's charge of many offi-

ces.

Ib.

5. When an office hath found the descent
of the remainder, the feodarie's certifi-
cate of the death of tenant for life is
allowed as good as a new office, by the
course of the court,
14.

WARDSHIP.
See Acceptance.

1. The heir within age knighted after the
death of his father, may sue livery pre-
sently.
46, 91. Sed. Q.

4. When it shall go to the heir of the part
of the mother, or in a borough-English,
according to the land, and when it shall
go to the heir at common law.
5 A. covenants to stand seised, &c. the
remainder to the right heirs of B.; quare 3.
whether this use in abeyance shall so
far transfer the remainder in abeyance,
that there be not a reversion left in the
"covenantor, till the remainder fall.
6. Reservation of a general power to limit
uses to any body, is void, and though by
virtue of that power, an use be limited
to a daughter, the case is not bettered
by the event.
151
7. A covenant that the heir shall stand
seised is void.
313
8. Cestuy que use and his heirs may make
a feoffment to three persons, of which
two had notice of the former uses, the
new feoffees are seized to new uses,
349; but the two are bound to make re-
compense for the wrongful change of
the old use, which recompense may go
out of the estate of cestuy que use; but
for the third part there is no remedy at
349, 350

all.

WAGER OF LAW.
1. If debt be brought against three, though

The heir being knighted, is made, as to
all cases of wardship, of full age.
The heir though knighted, must an-
swer the value of his marriage, because
vested.

46,91

WARRANTIA CHARTÆ.

1. Is either provisional or remedial. 21,

217

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The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and ...