TO LAND, &c. not *only lost the issues and profits of the said tenements, with the [436] appurtenances, but was deprived of the use and means of cultivating the same, and was forced and obliged to, and did necessarily lay out and expend divers large sums of money, amounting in the whole to a large sum of money, to wit, the sum of L., in and about the recovering of the possession of the said tenements, with the appurtenances, to wit, at, &c. aforesaid. And other wrongs, &c. [Conclusion in K. B. C. P. or Exchequer, as ante, 414 to 417.]

Trespass

[Commencement and conclusion in K. B. C. P. or Exchequer, as ante, against an in414 to 417.]-For that the said C. D. (being, at the several times in ferior tradesman, for hunt- this count mentioned, a dissolute person, and not an apprentice in coming, &c. on 4 and 5 W. and pany with his master, duly qualified by law so to do,) on, &c. and on M. c. 23. s. 10. 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 L., there then growing and being; and also then and there broke down, pulled down, pulled to pieces, prostrated [* 437 ] and destroyed the hedges and fences, to *wit, perches of the

Second count for breaking close and kil

ling game, at

common law (i).

hedges, and perches of the fences of the said A. B. of great value, to wit, of the value of L.—, there then erected, standing, and being, contrary to the form of the statute in that case made and provided (h). And also for that the said C. D. on the said

day of

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, other closes of the said A. B. situate and being in, &c. aforesaid, and then and there with feet in walking, and with the feet of

occupation of the premises, together
with the costs of the action of eject.
ment, and if any particular damage,
waste, or injury to the premises were
committed by the defendant it should
be stated specially, and such state-
ment may be as in the precedent,
ante, 432, 3.

(g) The use of declaring specially
on the statute is to entitle the plain-
tiff to full costs, see the precedent
and opinion, 9 Went. 157, 8. Hullock
on Costs, 90 to 102. It is not neces-
sary to negative the qualifications, 1

Ld. Raym. 149. 2 Wils. 70. 2 Bla. Com. 215. or to conclude contra formam statuti, 1 Ld. Raym. 150. Hul lock, 92. It is advisable to add a count for the trespass at common law, though upon the special count, the plaintiff may recover as for a common trespass if he fail in proving the circumstances, which bring the case within the statute.

(h) The conclusion contra formam statuti is not necessary, supra, note g. (i) See a precedent in another form, Lil. Ent. 444.

divers dogs trod down, trampled upon, crushed, and spoiled the grass FOR HUNTING, and corn 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 L.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 (k), hares, pheasants, partridges, and

conies of the said A. B. (1), of great value, to wit, the value of L.—, then being in and upon the said closes, and converted and disposed thereof to his own use. And also for that the said C. D. on, &c. afore- Third count said, with force and arms, &c. to wit, at, &c. *aforesaid, killed, seized,

disposed thereof to his own use. And other wrongs, &c. [Conclusion in K. B. C. P. or Exchequer, as ante, 414 to 417.]

[Commencement in K. B. C. P. or Exchequer, as ante, 414 to 417, First count the venue is local.]-For that the said C. D. on, &c. and on divers other for fishing in plaintiff's days and times, between that day and the day of exhibiting this bill close covered with force and arms, &c. broke and entered the close of the said A. B. with water (m). covered with water (n), situate and being in the parish of - in the "" county of and then and there fished in the said close for fish,

FOR FISHING, and the fish, to wit (0),

Second count

for fishing, in plaintiff's several fishery (9).

[ 439 ]

Third count

for fishing in plaintiff's free fishery (s).

Fourth count for catching plaintiff's fish generally.

Against an inferior trades

man, on a statute 4 and 5

W. and M. c. 28. s. 10. for fishing in plaintiff's several fishery (t).

salmon,
roach, and

trout, - pike, carp, eels, of the said A. B.

tench, -perch, (1) of great value, to wit, of the value of L., there then found and being, caught, and took, and carried away the same, and converted and disposed thereof to his own use. And also 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 several fishery of the said A. B. in a certain river called situate 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,) (r) of the said A. B. there then found and being of great value, to wit, of the value of L.—, 'caught, took, and carried away, and converted and disposed thereof to his own use. And also 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. in the free fishery of the said A. B. in the parish aforesaid, in the county aforesaid, fished, and the fish, to wit, &c. (as in the precedent, ante, 438,) there then found and being, of great value, to wit, of the value of L., caught, took, and carried away, and converted and disposed thereof to his own use. And also for that the said C. D. on, &c. aforesaid, and on divers other days and times, between that day and the day of exhibiting this bill, with force and arms, &c. to wit, at, &c. aforesaid, caught, took, and carried away other the fish, to wit, &c. (as in the precedent, ante, 438,) of the said A. B. there then found and being, of great value, to wit, of the value of L., and converted and disposed thereof to his own use, to wit, at, &c. aforesaid. [Conclusion in King's Bench, Common Pleas, or Exchequer, as ante, 414 to 417.]

For that the said C. D. 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

(0) Insert a sufficient number of each description of fish, that may probably have been taken. As to the statement of the number, see ante, 437, note k.

(1) As to the allegation of the property in the fish, ante, 437. n. l. and Cro. Car. 553. Lil. Ent. 449.

(9) See different precedent, Lil.
Ent. 449.

(r) But see ante, 437. note k.
(*) 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. 2 Bla. Com. 39. 2 Salk. 637. F. N. B. 88. In 3 Mod. 97. Lil. Ent. 449. it was held bad after verdict, but see Carth. 286. In 2 Hen. Bla. 182. no objection was taken to this count, and see 6 Bac. Ab. 584.

(4) See the precedent, 9 Went. 157. where the facts will support this count, it is advisable to insert it in order to recover full costs, see ante, 436. note g. Other counts at common law, as above should be inserted.

[⚫ 440]

and times, between that day and the day of exhibiting this bill, (or in FOR FISHING, Common Pleas 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 fished in the several fishery of A. B. there without the leave or licence, and against the will of the said A. B. and contrary to the form of the statute in that case made and -provided, and the fish of the said A. B. to wit, &c. [enumerate the fish as in the precedent, ante, 438,] of great value, to wit, of the value of L., there then found and being, took and carried away, and converted and disposed thereof to his own use, to wit, at, &c. aforesaid. [Add other counts as above.]

*VII. DECLARATIONS IN EJECTMENT.

In the King's Bench, (or, "Common Pleas.")

Trinity (b) Term, 51 Geo. 3.

[441]

(c) (to wit.) Richard Roe (d) was attached to answer Declarations John Doe (d) of a plea, whereof he the said Richard Roe, with force by original in K. B. or C. P. and arms, &c. entered into [here follows the statement of the premises, on a single for the recovery of which the action is brought. The pleader will select demise (a). such parts of the following description as may be applicable to his case, inserting a sufficient number of houses, acres, c. to cover the real quantity, and will take care not to adopt the term " tenement,” (e)] the

(a) It is most usual to proceed in ejectment in K. B. by declaration on a supposed original writ.

(6) Though we have seen that in general a declaration must not be intituled of a term anterior to the cause of action (ante, 12. 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 himself of the subsequent term, and plead only the general issue.

(c) The venue is local, and even after verdict, if the venue were laid in VOL. II.

a wrong county, it would be doubtful
whether the plaintiff could obtain pos-
session, 7 T. R. 588.

(d) Any names may be adopted for
these nominal parties, but the com-
mon names, John Doe, for the suppo-
sed 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. 5. c. 5. not extending
to declarations, S Bos. and Pul. 399.

(e) For what an ejectment will lie, and what is a sufficient description, seè Runn. Ejectment 121 to 136. Selwyn's Ni. Pri. 622 to 624. The term "tenement" is improper, because ejectment in general lies only for corporeal hereditaments, and the term "tenement" includes incorporeal es2 T

appurtenances thereunto belonging; and also into the rectory of the parish church of in the county aforesaid, and also all and singular the tithes of corn, grain, hay, wood, grass, wool, lambs, and calves, ariand tithe (g). sing, growing, renewing, increasing and happening within the said paand with the bounds, limits, and titheable places of the

aforesaid, in the county of

of other land, with the appurtenances, situate and being in the parish (h) of aforesaid, with comThe supposed mon of pasture thereunto belonging and appertaining (i), which A. B. demise by the (*) had demised to the said John Doe, for a term which is not yet expired, and ejected him from his said farm (/); and other wrongs to the said John Doe there did, to the great damage of the said John Doe, and against the peace of our lord the now king, &c.-And *thereupon the said John Doe, by E. F. his attorney, complains, that whereas the said A. B. (n) on the