I.  "T  F  Nufixnce   be  done,  and  the  Party  abatss  the  Nufance,  he  Hull  i^!«  where
JL  not  have  Trelpafs  i    For  he  might  have  recovered  Damages  in  ^^f  ^"ff^\
Afftze  if  he  had  taken  the  Affile,  and  now  the  Affile  is  gone.     Br.  Aftion  "1^1^11,^  "t^e
Sur  Cafe,  pi.  29.  cites  2  H.  4.  11.  per  Thirning.  Nufance

pending  the
Jjpfe,  yet  the  Plaintifi  fliall  recover  Damatjes.  Ibid.
2.  In  Pleading  of  the  flopping  a  Way  the  Word  Ohjlupavit  is  fuf-  4  Le.  16-.
ficient  in  it  lell"  without pcwtng  the  fpecial Matter  how,  as  by  fetting  up  a  '^^  ^■^■•
Gate,  Hedge  or  Ditch  &c.  For  it  implies  a  Nufance  continued,  and  not

a  perfonal  iJifturbance,  and  amounts  to  objlruxit,  as  a  Foreftaller,  or  fay-
ing to  the  Plaintiff  upon  the  Land  &c,  that  he  fhould  not  go  there  or
ule  that  Way  ;  For  in  fuch  Cafes  an  Aftion  on  the  Cafe  lies  :  But  as  to
any  local  or  real  Dijturbances,  Obftupavit  amounts  to  Obftruxit.  3  Le.
13.  pi.  3i.[Mich.]8Eliz.   C.  B.  Anon.
3.  Tho'  in  the  Declaration  is  fet  down  the  Day  and  Tear  of  the  Ob-
fruSion,  yet  ir  fhall  not  be  intended  that  it  continued  the  fame  Day  only,  the

Words  being  further,  by  which  he  was  difturbed  of  his  Way  and  yet  is;
and  {o  the  Continuance  of  the  Difturbance  is  alleged.  And  of  this  O-
pinion  was  the  whole  Court.  3  Le.  13.  pi.  31.  [Mich.]  8  Eliz.  C.  B.
Anon.
4.  Plaintiif  declared  of  a  Prefcription  habere  viam  tain  Pedefrem  quam
Fquefran  fro  (.mml^as  S  omnimcdis  Carriagiis  i     this  Prefcription  is  not

good


56


Nufance.
