Acland v atwell d December roll Abr writ of prohibition and assistance to  prevent a prebendary from commit waste on his prebend for as much as the right  honourable Lord keeper be this present day inform by Mr Noy be of the  plaintiff counsel that the defendant be one of the prebend of Dutton in the  county of Devon whereof the plaintiff be patron the say defendant commit  diverse great waste and spoil upon the house land wood and timbertrees of the  say prebend and therefore it be pray that a writ of prohibition may be award  against the defendant as also a writ of assistance unto the sheriff of the  county where the say land do lie to see that the defendant shall not commit  any waste or spoil upon the house land wood or tree belong to the say prebend  and the say plaintiff counsel now offer that he will show precedent in like  case wherein such assistance have be grant it be thereupon order by his  lordship that a writ of prohibition shall be award against the defendant  inhibit he thereby from do or commit any waste or spoil upon the house land  wood or tree of the say prebend and the say plaintiff counsel be to attend Mr  justice powis and Mr justice croak with a draft of the say writ of assistance  unto the sheriff who be entreat by his lordship to peruse the same and see  that the same be do accord to the course of law and then the say writ be to  issue out accord Reg lib a fol that Oct whereas by a order of this court the d  day of December last a writ or prohibition be award against the defendant  inhibit he thereby from do or commit any waste or spoil upon the house land  wood or tree of the prebend in question upon open of the matter this present  day unto this court by Mr roll of the plaintiff counsel and upon the read of  two several affidavit the one of g g and the other of b g it appear that  although the say defendant have be personal serve with the say writ of  prohibition yet he have commit waste upon the premise by root up timbertrees  grow upon the same it be therefore order that if the defendant shall not on  the return of a subpoena to be serve on he for that purpose show unto this  court good cause to the contrary then a attachment be award against the say  defendant to bring he into this court to answer the say contempt Reg lib a fol  that Nov after a recital of the precede order the court be this day inform by  Mr David be of the defendant counsel that the defendant cause but one  timbertree to be fall which he appoint for the reparation of the house and  that the same be not fall in any contempt to the say prohibition it be  therefore order that if the say defendant shall by the second return of the  next term make affidavit that he cause the same to be fall for no other  purpose but for the reparation of the say house then the say contempt and  attachment be discharge and in the mean time the same be suspend Reg lib a fol  d Dec after a recital of the precede order upon open the matter this present  day before the right honourable the Lord keeper by Mr Germin of the plaintiff  counsel and upon the read of both the say former order it be allege that the  say tree be not employ about the say house as by the defendant pretend but  that the same be sell and that the defendant have also fall other tree  contrary to the say prohibition it be therefore order by his lordship that the  say defendant make oath that he have fall but one timber tree upon the premise  and that the same be employ in repair the say house then the say attachment be  discharge or if the plaintiff shall make affidavit that the say tree be not  employ about the say house or that the defendant have fall any other tree upon  the premise since the say prohibition then the plaintiff may proceed with his  attachment against the defendant for the same Reg lib a fol that Jan on oath  that the defendant have break a order a attachment be issue against he Reg lib  a fol that Feb after recital of the order of the d of Dec upon open swanston  er p the matter this day Mr duke be of the defendant counsel and upon the read  of the affidavit make by the defendant it be allege that notwithstanding  affidavit be make on the defendant behalf yet the plaintiff do nevertheless  take out process of attachment against the defendant before the second return  of this term and cause the same to be serve upon the defendant on Candlemas  day last when as the defendant be bury the dead corpse of one he have he  violent carry into a house by two bailiff who do not suffer he to bury the say  dead corpse but keep and detain he in prison until he have give good bind for  his appearance by mean whereof the defendant do personal appear accord it be  thereupon order that the six clerk not towards the cause shall examine the  same and if they shall find the same this court will then give good cost  against the plaintiff Reg lib a fol d Feb after recital of the precede order  and of a certificate of the six clerk attest the accuracy of the former  allegation the plaintiff be unable to make it appear that the attachment be  duly obtain the attachment be discharge the plaintiff be order to pay cost and  a attachment be order against the bailiff Reg lib a fol direction be afterward  give for examination on interrogatory relative to the allege contempt in the  process of attachment but no order on the merit have be discover a standell  obvious denote a young tree leave stand in order to become timber and as  increase the store of timber a standell be denominate a storer cowell  definition of standell will be correct if the word oak be expunge but Johnson  appear to have misapprehend the import of the term