case the king and Chiswick against the inhabitant OF Bitton plead on a writ of  noctanter SC raym a writ be award to the adjacent will on the statute of  Westminster the second for reparation of fence throw down in the night the  defendant be a b and c come and allege themselves to be inhabitant there plead  that sir John Newton for himself and his tenant of such a manor have common in  loco quo c and that it be enclose a and that they demolish these enclosure in  the daytime without hoc that they in the night do throw down shower KB thirty  perch to which there be exception take first they be no proper person second  that the traverse be ill because it do not say or aliquan ind parten and so  tie it up to the number and make the number the sole matter where holt chief  justice who be counsel in the above case be make to say that he be dissatisfy  with the judgement and hill v fish post where it be say that the judgement be  give on the ground of the arrest be illegal this decision however seem to be  confirm by the subsequent case on this subject Barwell v ware atk rise v green  burr Coppendale v bridgem burr king v Leith term Rep bull n p but the bail  must be real put in for where it be only formal bail the bankruptcy will have  relation to the first arrest rise v green burr and see upon this subject cook  b l to and vol Mr Kydds Edit Com dig a see bull n p stram Pochin v Pawley Bl  Rep Anderson v George burr price v shoot Bl Rep bushel v hog will vale v bail  Cowp Harris v Butterley Cowp Sutton v Mitchell term Rep Jackson v Duchaire  term Rep goodnight v Saul term Rep and the case of Tidmarde v marshal Hullocks  law of cost b see Horton and his wife v boil side and Newton and his wife v  hatter ld ray Willy v Thompson bunb Westbrooke v Strutville strange c see cro  James Jones cro car salk stram b r h fort Com dig baron and feme W a see the  statute Geo c and Geo c shower KB er p but Mr justice Jones take exception to  the writ first that it be for tree grow which be not within the statute second  the writ be bring too soon the prostration be lie to be the first of December  et to visit turn to the twentyfirst and the writ be the sixteenth