DAM 
as againt the diffeifor himfelf; and the demandant fhall 
have of the tenant likewife colts of fuit; but not expences 
G Inft. 288. ) See alfo the 
for trouble and lofs of time. 
(6 c. 1 2 Inft. 
writ of pee iar of pafture. 5 
mages and cofts are-due in a writ of annuity ; and if ae 
ury find for the paix and do not affefs damages, it will 
may after verdict releafe the damages, 
take judgment ce the annuity. 
6 
the battery, 
another the imprifonment, and Ge “third pares the — al 
at one time, ail are guilty of ies whole, and to be charged 
in damages. 3 Lev. 324 . 69. 
affefs the damages. 
here damages are uncertain, it is left to the aes to ey 
of ther n t, af cer 
rtain 
what it is, the damages affefled by the jury are very frnall, 
or, in fa&t, only nominal, as one hia ; and the matter in 
B. R. ta neth the cofts, which are added thereto, and called 
ee (1 Lill. 390.) When judg 
fault, in action of debt, the court is to affefs the damages, 
dama 
“(1 Nelf. Abr. 587.) A jury may, and now frequently a 
ive intereft on bookedebts, in the name of damages, 
(Doug. Io aétion upon the ae the e jury may fin 
lefs damages than the plaintiff lays in his declaration, but 
ought not to find more: the plaintiff may releafe part of 
the damages, upon entering up his judgment. (10 Re 
415.) Double, treble Bee - are allowed in feveral 
cafes, by a great variety of flatutes ; sea sy iu forth 
tythes ; uence se ongfully ect re 3 though, if it 
be not found d by the jury, that A plaintiff hath fuftained 
fome damage, in on where treble damages, &c. are in- 
fli&ted by law, no damages can be awarded. 2 Danv. Abr. _ 
E-clear, Damna rislglates was a fee affeffed out 
and recovered to the 
on ; 
d ex- 
chequer, which the plaintiff was obliged to pay asa gratuity 
to the prothonotaries and his clerks, ad drawing fpecial 
writs and pleadings ; but is sana y .ftat. 17 Car. IT. 
cap. 6: and if any officer in the Mog e ourts take a 
money in the name of da amage- aa or any thing in lieu of 
it, he “hall forfeit treble the valae 
DaMaAGE feafant, or faifant, is is when a ftranger’s beafts 
are doing hurt, or f{poiling the grafs, corn, woods, &c. of 
another man, without his te or licence. 
ao] 
Na 
n this cafe, the p:rty w they damage may ; diftrain, 
and impound them, both b cei and by day though in 
ther cafes, as for rent, fervi & may diftrain in 
the night. (Stat. 51 Hen. IIL. flat. ie I “Taft, 142) If 
a man take my cattle and put them into the land of another, 
the tenant of - land may take thefe cattle damage-feafant, 
_ J, who am the owner, was not privy to the cattle’s 
e da sage aire = he may keep them — 
me "a fatisfaGtic the apes. (2 Danv. Abr. 
But if one comes si diftrain damage-feafant, and to ea 
6 
£2 
we 
DAM 
the cattle, and the owner drives them out before they are 
taken, he cannot diftrain them damage-feafant, but is put 
to his ation of trefpafs ; for the catt nie 
upon the land damage-feafant, at the t 
(x Inf. 161. 9 Rep. 
horfes joined to a cart, and, 
rider on it, re be diftrained nag oe though not 
for rent. . (1 Sid. 422. 440.) Bu 
amends, before the pe are impounde 
detainer is unlawful : psn. impounded, the pound- 
oor is open, the owner may ‘take them out. (5 Rep. 76. 
men are rowing u water, and endeavouring with 
nets a catch fifh in my /everal pifcary, [ may take their oars 
an and detain them as damage-feafant, to ftop their 
farther fihing ; 3 though I cannot cut their nets. Cro. Car 
DAMALN, in ee a town . Pa ies Sie 
in the Morea; 40 mile of Napol 
DAMAN of Tred, in ° Faaloen See Di 
DAMANHOOUDR, or DemeEnnor, in eae ait a town 
of Egypt, fituated . near the canal of Alexandra, and the 
,» but 
being conftruéed of earth ar bad brick, 
of the bey, or governor of Bahira, and of a kiafchef, or par- 
Hiloer commandant, and alfo of a garrifon of janizaries; and 
is the centre of the trade of the cotton that is gathered in 
the uae a beautiful eres a which it is furrounded, 
Reset us om t eaten, carded, and 
arts a fedution, and who contribute to phe the man- 
ners of the seen notwithftanding the -agricultural and 
commercial occupations in which they are employed, his . 
town, which is shai by Copts and 
great deal of flax, corn, and barley, as well as cotton 
DAMANTA, in Ain has ‘aphy, a town of Spain, be» 
tween Lobetum to the weit, ae ea to the fouth-eaft; 
feated near the left ve re of the r Turia. 
APETTA, in Cue, a town of Hindooftan 
n the eee of Golconda ; hg miles N.W, of Rajamun- 
pes aud 140 = 7 map 
A of Arabia, j in the highlands of Yemen, 
feated on a fae ala between Jerim and Sana. It is the 
capital of a province, and is governed by a dola, who re- 
fidesin a large caftle. It has a famous univerfity oy college 
for the Zeidites, commonly containing 500 ftudents. Damar 
has no beet its buildings are good 3 and it is very large, the 
num oufes cing about 5000. ‘The Jews live in a 
de tached Gilleges but the oe are oS to live in the 
town among the Muffulmar Nea 
containin ng a mine 
fomewhat further diftant, are found thofe fine ene 
which are fo much efteemed in Arabia.—-Alfo, a tewn of 
ei Arabia, in the province of Oman, 70 miles N. of 
man. 
DAMARAS, the inhabitants of.a difri@ in the colo ny 
of the Cape of Good Hope, whofe country is fo barren and 
fandy that they cannot keep cattle. 
DA N, or Sepere n, a {mall town of France, in 
the departinent of Lot and Garonne, chief place of a cantoa 
in the ae of Marmande, 18 miles W. of Agen. It con- 
tains 979 the on 7214 inhabitants, in 1 communes, 
and con a aaa extent of 1724 kilio ay metre 
MASCENA, 
