1787-11-13 (static/transcriptions/1787/11/298.jpg)

In Alleyn’s Rep: 84
hi Anthony Ashly Cooper Vs Saint John.
In Trespass the Plaintiff declared quod cum he was seised of two Closes of pasture which were inclosed by him, and whereas there was a Common neat adjoying to them, the Defendant decem particatas sepium claus pradicta pasture prostravit & sic prostatas (for such a time) custodivit, per quod, the beast depasturing in the Common [ILL] into the Closes and eat the grass there ad dam yet the Defendant pleaded non cul’ infra 6 annos. And after a Verdict for the Plaintiff, Mainard moved in arrest of Judgement, that it ought to have been vi & armis, because the Trespass is laid to be done in his own soil; and said, that in false imprisonment per quod he was compelled to pay 5# in a Case about seven or eight years since, Judgment was arrested for want of vi & armis. But the exception was disallowed and Judgment given for the Plaintiff without argument; for the conclusion per quod and the commencement quod cum shew it to be an Action of the Case, and the causa causans of the Damages may
be