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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
second count for obstructing the common, not stating how, 802
of common in common fields, cultivated in rotation, &c. ib.
for building, &c. upon the common, 804

for inclosing part of the common, ib.

for digging turves, 805

for destroying common with rabbits, ib.
for taking dung off common, ib.

for putting heaps of dung on common, ib.

for trespass on common with horses, &c. 806
for disturbance of common of turbary, ib.
for disturbance of common of estovers, 807
For Disturbance of Ways.

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.
fourth count on possession of administrator, 842

DECLARATIONS IN REPLEVIN.

declaration in replevin in K. B. or C. P. 843
the like in a county court, 845

DECLARATIONS IN TRESPASS.
COMMENCEMENT AND CONCLUSIONS.

commencement and conclusion in K. B. 846
the like in the C. P. 848

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
second count, for a common assault, 852

for firing a loaded pistol at plaintiff, and wounding him thereby, ib.
the like for a battery, &c. on board a ship, ib.

for forcibly excluding plaintiff from vestry-room, 853

for preventing plaintiff entering quaker's meeting-house, ib.
husband and wife against husband and wife, for a battery, 854
by husband alone, for the battery of his wife, per quod, &c. ib.
for criminal conversation, 855

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.
common count de bonis asportatis, 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.

for fishing in plaintiff's close covered with water, 875
second count, for fishing in plaintiff's several fishery, ib.
third count, for fishing in plaintiff's free fishery, ib.
fourth count, for catching plaintiff's fish generally, ib.
against inferior tradesmen on statute, for fishing, ib.

DECLARATIONS IN EJECTMENT.

declaration by original in K. B. or C. P. on a single demise, 878
notice to appear in common cases, 881

notice to appear on proceedings under 1 Geo. 4. c. 87, ib. 882
the like in another form, 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 two demises with two ousters, 883

the like on demises by tenants in common, &c. 885
declaration by bill in K. B. ib.

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 by husband and wife, ib.

the like, on appearance by a feme covert, ib.
defence by a person sued by a wrong name, ib.
defence by an infant, 893

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
affidavit of the truth thereof, 897

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
non-joinder of a co-obligor in a joint and several bond, 901

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
misnomer of plaintiff's surname in K. B. by bill, ib.

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.
plea in C. P. of coverture, in abatement to part, and of general issue
and coverture in bar to the rest, 907

PLEAS IN BAR IN ASSUMPSIT.
GDNERAL ISSUE AND OTHER PLEAS.
general issue non assumpsit, 908

the like by one of several defendants, ib.
the like by an executor or administrator, 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
payment after action brought

non-assumpsit except to the sum tendered, and plea of tender, 922
plea of set-off to the sum not tendered, 923

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

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plea of set-off, 931

general issue and notice of set-off, 932

plea of set-off to action by executors or administrators, 933
notice of set-off in action by executors or administrators, 933 a.
plea of set-off in action against executors or administrators, 933 a.
notice of set-off in action against executors or administrators, ib.
plea of set-off in an action by assignees of bankrupt, 933 b.
notice of set-off in action by assignees of bankrupt, 933 c.
Subject-matter of Set-Off.

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.)
GENERAL ISSUE AND OTHER PLEAS-(continued.)
Subject matter of Set-off-(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 executor, ib.

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.

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judgment against testator, outstanding bonds, and judgments against defendant, 947

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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.

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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

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