| 1355.086 |
1355 |
|
Replevin |
Replegiare
Issue joyn |
| Pasch. |
29 |
Edw. 3 |
[30] |
28a |
| |
related case 1355.087 = Pasch. 29 Edw. 3, pl. 31, fol. 28a |
|
| In un Repl' port' per le Prior de W. de iii chivals, Le defendant monstra coment il est Seignour de la vill' ou &c. |
10 |
| In a Replevin brought by the Prior of W. for three horses, the defendant showed how he was lord of the vill where etc. and had a leet, and he said that it was presented that the plaintiff held certain land by reason of which he ought to clean (monder) a ditch adjoining the high street, and this was not cleaned, so that the high street was flooded, so that people (gens) could not pass as they were accustomed. Therefore he was amerced to 40 pence, and it was adjudged that he should be distrained to clean it, and because he did not clean the ditch before the day of the taking, he avowed the taking of two horses, and of the other (horse) for the 40 pence not paid before the taking. And the plaintiff demanded judgment, since they did not have other power on the day of the leet except to amerce trespassers on the same day, and afterwards to make avowry for the amercement, and not to make further execution (plus oust'), that is, to take any distraint for such defaults corrected (amend') at any day afterwards. And he prayed his damages, (Latin begins) but on account of the opinion (Latin ends), he did not dare to demur, but he said that the ditch was well cleaned on the day of the taking. Ready etc. (Latin begins) And the other side said the contrary (Latin ends). And as to the other avowry, he said that he was amerced to two shillings. (Latin begins) And the other side said the contrary (Latin ends). |
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