DECLARATIONS IN CASE-(continued.) IV. FOR TORTS TO REAL PROPERTY INCORPOREAL. For Disturbance of Rights of Common. of common of pasture, by turning sheep on the common, 799 for inclosing part of the common, ib. for digging turves, 805 for destroying common with rabbits, ib. for putting heaps of dung on common, ib. for trespass on common with horses, &c. 806 for obstructing plaintiff's private way, 807 second count, without showing the means of obstruction, 809 third count more general, merely stating the way to be towards, &c. 810 case by reversioner, for obstructing a way by building thereon, 810 For Disturbance of Ferries, 814 For Disturbance of a Pew, 817 For Disturbance of a Market. [818 for opening a new market, thereby disturbing plaintiff's ancient market, For Disturbance of Franchises, Tolls, Offices, Ferries, &c. 818 v. UPON STATUTES. By Party grieved. on 8 Ann. c. 14, against sheriff, for not leaving year's rent, 818 on 23 Hen. 6. c. 9, for refusing bail, 821 on 24 Geo. 3, against justice, for refusing bail, 825 on 28 Eliz. c. 4, against sheriff for extortion, 827 DECLARATIONS IN TROVER. for cattle, deeds, bonds, bills, notes, bank notes, money, or goods, 835 by assignees of a bankrupt, on bankrupt's possession, and a conversion after the bankruptcy, 837 second count, on assignee's possession, 838 by the assignees of an insolvent debtor, on a possession and conversion before insolvent's petition, ib. second count on insolvent's possession, with a conversion, after plaintiff was assignee, 838 third count on the assignee's possession and a conversion afterwards, ib. by an executor, for conversion in the life-time of testator, ib. second count, for conversion after his death, 839 third count, for trover and conversion after testator's death, ib. by an administrator, on intestate's possession 840 second count, on trover before the death, and conversion after, 841 third count on a trover after death and before administration, ib. DECLARATIONS IN REPLEVIN. declaration in replevin in K. B. or C. P. 843 DECLARATIONS IN TRESPASS. commencement and conclusion in K. B. 846 the like in the C. P. in a more concise form, 849 DECLARATIONS IN TRESPASS-(continued.) I. TO PERSONS. for an assault, spitting in face, beating, &c. with damage, 850 for firing a loaded pistol at plaintiff, and wounding him thereby, ib. for forcibly excluding plaintiff from vestry-room, 853 for preventing plaintiff entering quaker's meeting-house, ib. for debauching a daughter and servant, in trespass, 856 by a master, for the battery of his servant per quod, &c. ib. [857 for false imprisonment, and compelling plaintiff to go to a police office, common count, for false imprisonment generally, 857 11. To PERSONAL PROPERTY. for chasing sheep, &c. with special damage, 858 second count, for chasing sheep or other cattle, 859 for seizing cattle, or other property, as a distress, ib. for shooting a dog, &c. 860 [it, ib. trespass for running defendant's cart against plaintiff's horse, and killing for running a carriage against plaintiff's, with special damage, &c. ib. for seizing plaintiff's cart and horse, &c. 861 for seizing and detaining plaintiff's barge, 862 by master, for impressing mate of ship, whereby ship prevented sailing, ib. for seizing plaintiff's barge, and putting it adrift, 863 III. TO REAL PROPERTY. To Houses. for trespass in dwelling-house, breaking doors, and seizing goods, 863 count for a common expulsion, 864 on stat. 8 Hen. 6. c. 9, for a forcible entry and detainer, 865 second count, on possession generally, 866 To land, &c. breaking close, gates, and locks, with carts, &c. and special damage, ib. the like, setting out the name of the close, or its abuttals, 868 for cutting down and carrying away trees, 869 for laying wood in close, ib. for digging in coal mine, 870 [use, ib. for digging mines, raising ore, and taking and converting it to his own For Mesne Profits. for mesne profits, after recovery in ejectment, 870 For Hunting, &c. for entering with hounds, and killing deer, 873 for fishing in plaintiff's close covered with water, 875 DECLARATIONS IN EJECTMENT. declaration by original in K. B. or C. P. on a single demise, 878 notice to appear on proceedings under 1 Geo. 4. c. 87, ib. 882 declaration in ejectment, on 1 Will. 4. c. 70. s. 76. ib. declaration by original on two demises with one ouster, ib. DECLARATIONS IN EJECTMENT-(continued.) the like on demises by tenants in common, &c. 885 on a vacant possession, 888 notice to appear thereto, ib. IMPARLANCES. general imparlance by bill, 889 the like by original, ib. [890 imparlance and suggestion of death of one defendant after declaration, special imparlance by bill, ib. the like in another form, 891 the like by original, ib. general special imparlance, ib. DEFENCES. defence on appearance by attorney, 892 the like, on appearance by a feme covert, ib. PLEAS TO THE JURISDICTION. plea to the jurisdiction of an inferior court, 894 PLEAS IN ABATEMENT. plea of privilege by an attorney of C. P. to an action in K. B. 895 plea of privilege by an attorney of K. B. sued by latitat, ib. the like to an action by original, 898 coverture of the plaintiff, 899 coverture of the defendant, 899 plea that the contracts were made jointly with another person, 900 misnomer of defendant's christian name in K. B. 901 affidavit of the truth thereof, 902 the like in C. P. ib. misnomer of defendant's surname in K. B. by bill, 903 another action depending for the same cause in K. B. ib. PLEAS IN Bar IN GENERAL. COMMENCEMENTS AND CONCLUSIONS. 1. commencement of a first plea when special, 906 2. the like, where ground of defence arose after writ issued, ib. 3. commencement of a second or subsequent special plea, ib. 4. the like to a particular count, or particular trespasses, &c. 907 5. conclusion to the country, ib. 6. conclusion with a verification, ib. 7. conclusion with a verification by the record, ib. PLEA IN ABATEMENT AS TO PART, AND IN BAR TO THE REST. PLEAS IN BAR IN ASSUMPSIT. the like by one of several defendants, ib. .LEAS IN BAR IN ASSUMPSIT-(continued.) GENERAL ISSUE AND OTHER PLEAS-(continued.) plea that contracts were made by defendants jointly, &c. 908 a to a declaration on a guarantee that the person for whom defendant became guarantee was a feme covert, 909 plea confessing causes of action in certain counts, and certain damage thereby sustained, and general issue to residue, ib. statute of frauds on a declaration to a guarantee, ib. to action by indorsee against drawer of a bill, that bill was given to secure performance of an usurious contract between acceptor and third person, 909 a infancy of defendant, 909 b coverture of defendant, 909 b plaintiff an alien enemy resident here, 910 plaintiff an alien enemy resident abroad, 911 bankruptcy and certificate of defendant under 6 Geo. 4. c. 16, 912 the like where certificate was obtained after commencement of suit, 913 bankruptcy under 6 Geo. 4. c. 16. s. 52, 916 the like, plaintiff's election to come under commission, 917 bankruptcy of plaintiff, 918 insolvent debtors' act, 919 plaintiff's discharge under insolvent act, 7 Geo. 4. c. 57, 921 non-assumpsit except to the sum tendered, and plea of tender, 922 accord and satisfaction by delivery of a pipe of wine, 924 the like of a bond given in satisfaction, 925 account stated, and delivery of defendant's promissory note, 926 that defendant accepted a bill of exchange payable to a third person, 926 plea of set-off, 931 general issue and notice of set-off, 932 plea of set-off to action by executors or administrators, 933 on a judgment, 934 on a recognizance in another court, and on simple contract, 935 for rent due on a lease, 936 on a bond, 936 a on a bill accepted by plaintiff, 937 on a bill indorsed by plaintiff to defendant, ib. on a promissory note made by plaintiff, 938 on a promissory note indorsed by the plaintiff to defendant, ib. use and occupation, ib. work and labor and materials, 939 goods sold, ib. PLEAS IN BAR IN ASSUMPSIT―(continued.) money counts, interest and account stated, ib. plea to action for goods sold, that they were sold by plaintiff's factor as a principal, plaintiff being unknown to defendant, and that at the time of the contract the defendant had a set-off against the factor, ib. STATUTE OF LIMITATIONS. non assumpsit infra sex annos, 940 actio non accrevit infra sex annos, 941 BY AND AGAINST EXECUTORS, &c. general issue that neither defendant nor testator promised, 941 defendant ne unques administrator, 942 plaintiff ne unques administrator, afrer craving oyer of letters of administration, ib. plaintiff ne unques administrator, as to causes of action contained in declaration, ib. that defendant and plaintiff were both executors, ib. that promise was made to plaintiff and defendant, who were both executors, 943 plea to an action against an executor, that there were other contracting parties besides the testator, who survived the testator, ib. plene administravit, ib. judgment against testator, outstanding bonds, and judgments against defendant, 947 nil nebet to debt qui tam, ib. non est factum, 952 the like by an executor or administrator, ib. non est fuctum, after craving oyer of bond and condition, 953 the like of an indenture, ib. non est factum, and nil debet to debt on bond and simple contract, joinder in same declaration, 954 law wager, or nil debet per legem, ib. onerari non, ib. ON LEGAL LIABILITIES. for escape from execution against marshal or warden, a recaption, 957 for escape, defendant's forcible escape, and his subsequent return, 958, 60 |