The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges.

Anonymus.

IN an Action of Trespass, quare Clausum fregit, and digging up and carrying away of his Trees.

It appeared upon the Evidence, That the Defendant had entred into the Plaintiffs Close, and digged up several Roots of his Trees, and removed them to a place on the same Ground, about two yards distance off.

And the Question was, Whether this were such a Carrying away, as that the Plaintiff should have full Costs, or only Costs according to the late Statute, where the Damages are under 40 s as was in this Case?

Pollexfen Chief Justice and Rokeby (Powell absente) were of Opinion, that the Plaintiff was to have full Costs, because the Roots were carried from the place where they were digged, tho' not removed off from the Ground; and they said, that it had been adjudged Felony to take and removed things with an intent to steal them, tho' laid at a small distance from the place, and not carried out of the House, or the like.

Ventris conceived, That the taking of the Roots and laying them a little way off in the same man's Ground, could not be taken as an asportavit, and it differed from the Case of Stealing; for taking Goods as a Thief is the Felony, and it doth not lye in the carrying them off, but in the Felonious intent in the taking.

But by the Opinion of the other two of the Plaintiff had his full Costs.