bauson versus offley Mod where the will be give in one county and the death be  in another county in a appeal bring by the wife for the murder of her husband  she declare that on such a day and year one Offley do assault and wound her  husband in the county of h of which wound be afterward on such a day die at r  in the county of c and that one Lippon be assist the say Offley c the cause be  try the jury find that Lippon give the will and that Offley be assist he and  now upon a motion in arrest of judgement Salkeld it be insist for the appellee  that the count and the verdict in appeal must be certain otherwise no  judgement can be give against the appellee but here the verdict find another  person give the will and not he against who the appellant have declare say per  holt Ch just this be a exception which may as well be make toan indictment as  to a count in a a peal for the one ought to be as certain as the other but in  this case it be certain enough for he who give the stroke and be who be assist  in it be both equal guilty then it be object that the cause be try in a wrong  county for it be by a jury in c when it ought to be by a jury of both county  since the will be in one county and the death in another say per curian by the  statute Edward it be enact that a indictment find by a jury of that county  where the death happen shall be as effectual in law as if the will which be  the cause of such death have be give in the same county cap CULLIFORDS case  salk S C Mod stram the defendant be indict for murder be find guilty of  manslaughter at the assize and a appeal be immediate bring the judge give the  appellee time to plead till next assize but in the time the appellant bring a  habeas corpus certiorari to remove both the body and record into b r and  afterward the party agree and the appellee be bail be appear in court upon his  recognizance and produce a release from the appellant and thereupon move to be  discharge there be a counsel from the appellant and consent to it say holt  chief justice the court will be possess of the record before he shall be  discharge therefore let the habeas corpus certiorari be return and the return  file then the appellee must be arraign and afterward he may plead this release  but if the appellant be not ready at the return of the certiorari to arraign  his appeal or do not appear in person the appellee may have a to know facias  to compel he and if he do Salkeld er p not come in upon the return of such to  know facias he shall be demand and nonsuit but the appellee be not yet to be  discharge because there be a record against he in court and therefore he must  be arraign upon the indictment and then he may plead auterfoits acquit c  Salkeld appertain land may he say to be appurtenant to a house either in the  king case or in the case of a common person when they have be let and possess  together a convenient time a way can be appurtenant or appendant as a common  may because it be not a interest but a easement the thing which and to which  it be appurtenant must agree in nature and quality as turbary may be  appurtenant to a house but not to land a leet to a manor but not to a church a  seat in a church to a house but not to land so a advowson shall not be  appendant to the service but to the demesne of a manor for the demesne be of a  perpetual duration but the service be not a vicarage may be appendant to a  manor because it be derive out of the rectory of common right and yet by a  grant it may be annex to a manor W r sell a mill cum pertinentils the jury  find a kiln be occupy with the mill for many year Sedper curian that kiln  shall not pass by those word for it may be a limekiln and may have no relation  to the mill but if the jury have find it to be a maltkiln it may be otherwise