Clark and Fitzwilliams.
AN Action of Trover and Conversion was brought by Clark against Fitzwilliams for divers goods and houshold stuff, and amongst the rest the Plaintif declared of a Trover and Coversion of 6 Tuns.* 1.1 After a Verdict for the Plaintif it was moved in Arrest of Iudgement, that the Declara∣tion was uncertain, for it cannot be known what is meant by 6 Tuns, and upon this the judgement was stayed till the Plaintif should move. Whereupon Serjeant Twisden at another day moved for judge∣ment and said the Declaration was good enough, for it is known that the 6 Tuns are Brewers Vessels, or else they signifie nothing, and then no damages are given for them, according to Osborns case, and the case where the Action was pro viginti ulnis instead of ulmis. Windham on the other side said, that a Tun is a measure, and well known so to be, and you ought to shew certainly of what you doe demand the quantity of six Tuns, and it cannot be said that the six Tuns shall signifie nothing, as Ser∣jeant Twisden supposeth, for here the words are substantive, and signifie by themselves, and not adjective, and Osborns case cited was adjudged upon another reason; for fulcrum lecti signifies a Bedstead, and the Anglice which was added, viz. Curtains and Valence were a meer addition, and no part of the Declaration, and besides they were in English which ought not to have been. Glyn chief Iustice, The Court hath delivered their opinion already, That it is incertain what the Plaintif doth mean by the words 6 Tuns, for this case is not like the cases put, where a thing is mentioned, which doth signifie nothing, for there damages cannot be given for such a thing, for the word Tun doth signifie divers things, but it is incertain what it doth signifie here,* 1.2 and therefore Nil capiat per billam, Ask Iu∣stice ad idem.