TRESPASS (continued.)

for chasing sheep, &c. generally, 425.
for seizing, &c. cattle as a distress, 425.
common count de bonis asportatis, 426.
for shooting a dog, 426.

for killing a dog, 426.

for running a carriage against plaintiff's carriage, 426, 7.
for seizing a chaise and halter, 427, 8.

for seizing plaintiff's barge, 428.

to real property,

to dwelling-house, breaking open doors, and seizing goods, &c. 428,9.
for à common expulsion, 430.

for a forcible entry and detainer, 430 to 432.

to land, breaking gates, &c. 432, 3.

the like, setting out name of close or abuttals, 434.

for cutting and carrying away trees, 434, 5.

for mesne profits after recovery in ejectment, 435.
for hunting, &c. against inferior tradesman, 436, 7.
for fishing generally, 438.

pleas in,

in plaintiff's several fishery, 438.

in plaintiff's free fishery, 439.
catching fish generally, 439.

against an inferior tradesman, 439, 440.

in general,

general issue not guilty, 568.

to a part, and special plea to residue, 568, 9.

accord and satisfaction, 569.

tender of amends by a justice, 569, 570.

involuntary trespass, disclaimer, and tender, 570.

statute of limitations, 572.

in trespass to the person,

son assault demesne, 572.

the like, defendant having first interfered to preserve peace, 574.
the like, in defence of a father, &c. 574, 5.

molliter manus imposuit to preserve the peace, 575.

moderate correction of an apprentice, 576.

of a seaman, 577.

in defence of possession,

molliter manus imposuit, to turn plaintiff out of house, 578.
the like, out of a public-house, 579.

resistance of illegal entry, 579.

of a close, 580, 1.

justification of imprisonment

without process,

giving charge to a constable, 581 to 585.

under process,

under a latitat and warrant against pltff. by sheriff's officer, 586.

the like by the sheriff, 591.

under a capias ad satisfaciendum by the attorney, 591.

the like by the officer, 593.

in trespass to personal property,

distress daniage-feasant, 595.

removal of goods encumbering defendant's close, 596, 7.
distress for port duties payable by prescription, 597.

TRESPASS-(continued.)

justification under a writ of fieri facias, 632.

that trespasses mentioned in two counts are one and the same, 606.
in trespass to real property

liberum tenementum and justification by a servant, 600, 1.
the like in a more concise form, 602.

the like of a fishery, 609.

seisin in fee of a copyholder, 602, 3.

tenancy under a lease and express colour given, 603 to 605.
tenancy under a demise from year to year, 605.

defect of fences, 605.

licence, 608.

rights of fishery,

locus in quo defendant's freehold, 609.

several fishery, 610.

free fishery, 610.

common of fishery, 611.

a navigable river and public right to fish, 611.

rights of common,

of pasture by prescription by freeholder, 611 to 613.

by copyholder, 613 to 615.

pur cause de vicinage, 615 to 617.
of estovers, &c. 617.

right of way, (see title "Ways.")
public carriage way, &c. 619.
private way by prescription, 621.
by a copyholder, 623.

by non-existing grant, 624, 5.
of necessity, 625.

by a tenant, 627.

tithes, entry for, 628.

under mesne process an entry, &c. under a latitat, 650.

under final process an entry under a fi. fa. against plaintiff, 632.

replications in,

in general,

the like against a third person, 635.

the like pleaded by the sheriff, 635, 6.

commencement of replication to a special plea, 689.
conclusion with a verification, 689.

denial of tender, 689.

de injuria, or de son tort demesne, 689.

to persons,

de injuria, to son assault demesne, 690.

the like, admitting plaintiff's first assault, but that same was in de-
fence of possession of house, 690.

that plaintiff had right of way, 691.

protesting issuing of latitat and warrant, de injuria as to residue, 692.

to personal property,

to plea of distress damage-feasant, a demise to plaintiff, 693.

that plaintiff had right of common in locus in quo, 694.

defect of fences, 695.

that defendant converted the distress to his own use, 695.

to real property,

to liberum tenementum, denial of plea, 695.

demise by defendant to plaintiff, 696.

608

TRESPASS-(continued.)
denial of licence, 696.

to plea of defect of fences, that the cattle were turned in, 697.
that the cattle were unruly, 697.

to plea of right of common, denial of the right, 698.

approvement of the common, 699.

general observations on denial of right of way, commons, &c. 699.
new assignments in, 700 to 705.-(see title "New Assignments.")
rejoinders in,

in general,
similiter, 718.

special rejoinder, 718.

conclusion to the country, 718.

conclusion with a verification, 718.

to a replication of a demise, stating a notice to quit, 718, 9.
re-assertion of right of common, &c. 719.

sur-rejoinders in,

in general, 720.

that notice to quit was waived, 721.

rebutter in, denial of the waiver of the notice to quit, 721.
sur-rebutter in, similiter, 722.

TROVER-(see titles " Detinue" and "Trespass.")

commencement of declaration, 13, 17.

general count in, for cattle, deeds, bills, notes, money, and goods, &c. 370, 1.
by assignees, on bankrupt's possession, and their own, 372.

by an executor in different ways, 373.

by an administrator in different ways, 375 to 377.

in assumpsit, 470.

to the record, &c. 470.
in debt, onerari non, 510, 512.
actio non, 469, 470.

in covenant, 470, 545.

in case, 470, 550.

in replevin, 557, 8.

in trespass, 470, 570.

a replication

in assumpsit, 643.
in debt,

in general, 664.

by the record, 575.

in covenant, 676.

in case, (same as Trespass, using the word "grievance" instead of

in replevin, 677.

in trespass, 689.

a rejoinder, 706.

VI ET ARMIS,

omission of, when aided, 415, n. e.

WAGER (see title "Feigned Issue.")

assumpsit for on a horse-race, 114.

["trespass,") 689.

1

sheriff's warrant pleaded,

upon a latitat, 588.

upon a capias ad satisfaciendum, 594.

upon a fieri facias, 633, 4.

WARRANTIES,

assumpsit on a general warranty of a horse, &c. 139.

on an exchange of horses, &c. 141.

of right to sell, 166.

case on warranty of a horse, 324.

WASTE (see title "Landlord and Tenant.")

case for, by reversioner against stranger, 383.

against tenant for cutting trees, bad husbandry, &c. 390 to 392
by rector agst. executor of dec'd. rector, on custom of realm, 392 to 394-
WATERCOURSE,

case for injuries to, 384 to 390.

WAYS-(see title "Trespass.")

declarations in assumpsit for use of, 39.

mode of pleading ways in general, 404, 5, in notes, 621 to 628.

declarations for injuries to private ways, 405 to 408.

pleas in trespass justifying under, 621 to 628.

public way, 619 to 621.

private way by prescription, by freeholder, 621, 2.

by a copyholder, 623.

by non-existing grant, 624.

of necessity, 625.

by a tenant, 627.

replication of son assault demesne, right of way over locus in quo, 691, 2.

denials of rights of way, 698 to 700, and in the notes.

WHARFAGE,

assumpsit for, 59, 45.

WHARFINGER,

assumpsit against, for loss, &c. of goods, 150, 153, 4.

WITNESS,

assumpsit by for attendance and journeys, 68.

WORDS(see title " Slander.")

WORK AND LABOUR-(see titles " Fees" and "Wages.")

assumpsit for of different descriptions, 60 to 80.

work and labour generally, 69, 70.

work and labour, and materials found, 69, 70.

[lighters, 70.

work by plaintiff and his servants with horses and carriages, or with