case loader against thomas samwell and three other a nuisance in a will within  the jurisdiction of a inferior leet may on neglect to present it at the  inferior leet be present at the superior leet but the matter must be special  plead post more roll ab Inst cro car   light b hawk p c burr Cowp the sheriff  can take advantage of the venire facias be direct to he in his own cause  venire facias trespass for the take of his beast and detain they until a fine  of ten pound be pay the take be at Harwell the defendant Thomas samwell plead  not guilty the other defendant justify because Harwell be within the hundred  of Harwell and the sheriff turn of the say hundred and that at such a leet  within the hundred it be present that the plaintiff ought to repair such a  highway and have not repair it wherefore the a Henry pl croak James er p pain  of ten pound be assess upon he to repair it before such a day and it not be  repair it be present at the say day and thereupon the say pain estreated and  so justify the plaintiff reply that the bishop of Winton be seize in fee of  the manor of Harwell and he and his predecessor have have a leet of all the  inhabitant there and traverse that it be not within the leet of the hundred  they be thereupon at issue and find for the plaintiff for both issue by a jury  at the bar upon the evidence the defendant will have prove it to be inquirable  in the hundred because the jury of the private leet do not inquire and redress  it for it be say that although there be private leet yet as to this purpose  they be within the leet of the hundred to inquire of thing omit by they to be  inquire be public nuisance to which the court agree but here as the issue be  join the question be whether it be within the hundredleet general and not for  such particular purpose but this ought to have be particular plead and show to  the court and so they deliver d it as the law to the jury whereupon the jury  find for the plaintiff and it be now move in arrest of judgement that be a  thing which concern the sheriff and his interest the venire facias ought to  have be award to the coroner and not to the sheriff himself say non allocatur  for be award to the sheriff himself when he himself be party and not to the  coroner that be no exception for the sheriff it be do for his advantage and  favour but peradventure the plaintiff may well have take that exception also  that the venire facias ought not to have be award from Harwell but from the  hundred or from the body of the county say non allocatur for Harwell be the  place which be allege by both party where the leet be wherefore from that  place the venire shall be and not from any other wherefore it be adjudge for  the plaintiff