case henly against Welsh tender of amends for keep a estray c S c salk S c  holt trespass for his horse the defendant plead that one pooley be owner of  the horse and that the horse stray out of his possession and come to the hand  of the plaintiff and that he by the command of pooley demand the horse within  a year c and tender amends and that the plaintiff refuse to deliver he he take  he to this there be a frivolous replication and upon that a demurrer a the  forgo part of this case be insert from same case salk a holt chief justice  cite these case to show that in case of a estray the lord ought to make a  demand of what the amends ought to be for the keep and then if the party think  the demand unreasonable he modern report ought to tender sufficient amends but  if he tender insufficient amends the lord ought to take issue and let the jury  settle what the keep be worth Noy go b note in this case the action be bring  for a estray colt and by the replication it appear that it be after the year  and then it cease to be a estray and become the lord property holt chief  justice it become a estray after the first proclamation and not soon the owner  be subject to pay for no more than a year keep which shall commence from the  seizure Powell justice the plead a tender of sufficient amends be well and a  good issue this case a the follow part of this case be take from holt report  of same case a be argue again Eyre for the plaintiff argue that the plea be  not good because the certainty of the sum tender be not set forth nor be there  any refusal for the refusal be of the gelding but it be not say that he refuse  the money and all the precedent of tender be of a sum certain and the book  cite of Edward c be not against I for that be no more than the issue may be  take on the sufficiency of the amends squibb for the defendant argue that the  tender for sufficient amends be well enough and that proper issue be the  sufficiency of the amends and if not it be but a default in form which be aid  by a general demurrer as if I plead myself to be cousin and heir and do not  show bow this be have on special demurrer but if you demurrer general it be  aid and the court do hold that tender sufficient amends be enough ascertain  the same and the proper issue be sufficient or not sufficient modern report er  p and holt chief justice say it be never necessary to plead in certain the sum  tender unless the lord demand too much for when the lord demand so much then  the owner shall tender so much and which of they be sufficient to the jury be  a question but the owner must in such case set forth a sum certain for though  the lord demand too much yet he may keep the estray until the owner do tender  sufficient amends roll by Tanfield chief justice but in this case the  plaintiff replication do destroy his action because first he bring trespass  for his take a estray and then in his replication be do not set forth that he  do proclaim he and it do also there appear that it be more than a year and a  day after the take he as a estray that the defendant as owner take he away now  after the year and the day the lord have the absolute property in he which be  much great property than a lord have in a estray and if you do first declare  for he as a estray and in your replication show the property be absolute in  you that be have then if you do not show that this estray be proclaim the next  marketday after the same be find at the next markettown you have no property  in the estray and so your action fail therein also for you must to justify  yourself show that you do what the law require of you to give you this title  to which Powell justice agree holt chief justice if the owner of a estray come  to the lord and demand his beast the lord be not oblige to give it he  immediate until be be satisfy by the owner description of the mark that he be  the owner and when he be satisfy therein then it be proper for the lord to  make his demand and if it be the owner he be to tender a sum certain and so it  must be plead but it be not necessary in this case the owner of a estray can  reasonable know what amends be sufficient for which reason the lord be to make  his demand but where cattle be take damagefeasant the owner be at his peril to  know what damage the cattle have do and be to make a tender of sufficient  amends and he that do take the cattle in such case need not make any demand so  in this case for all these reason the court give judgement for the defendant