PLEAS IN BAR IN TRESPASS-(continued.) justifying killing dog for worrying sheep, 1097 pleas to trespass for running defendant's gig against plaintiff's mare, that defendant was driving the gig along the highway, leaving sufficient room, and that the mare was so badly managed and so unruly, that thereby the accident happened, ib. TO REAL PROPERTY. liberum tenementum, enumerating the trespasses, 1097 a. seisin in fee by a copyholder, 1100 justification by tenant for years, giving color to plaintiff, 1101 justifying cutting trees, because overshading defendant's garden, &c. ib. defect of fences, 1103 leave of licence, 1106 for fishing, that locus in quo was defendant's freehold, ib. the like that the fishery was defendant's several fishery, 1107 locus in quo a navigable river, and a public right to fish therein, ib. public way for carriages, &c. 1116 plea justifying defendant's entering plaintiff's close and breaking gates, &c. because a highway adjoining was out of repair, and continued impassable, wherefore defendant, through necessity, entered, &c. 1118 private way by prescription by a freeholder, 1118 a. prescriptive right of way that defendant has closes at both ends of way, 1121 private way, by non-existing grant, 1122 the like in another form, 1123 the like of necessity, 1125 the like by tenant under a lease, or from year to year, 1127 a private right of way under a local inclosure act and award, ib. the like to a well to take water by prescription, 1127 b. entry to take tithe, 1128 plea justifying palling down a wall because it obstructed and darkened an ancient light, 1130 plea justifying entering plaintiff's close and taking away gelding, that plaintiff had forcibly taken it away from defendant, 1130 entry under a latitat, 1130 a. the like under a fi. fa. against a plaintiff, 1132 the like under a fi. fa. against another person, 1134 the like by a sheriff' under a fi. fa. 1135 by surveyor under highway act, 13 Geo. 3. c. 78, 1136 justifying entry to make distress on goods fraudulently removed, 1137 PLEAS IN BAR IN EJECTMENT, general issue, 1141 REPLICATIONS IN ABATEMENT. to plea of coverture, denying the fact, 1142 to plea of nonjoinder, that the defendant alone contracted, ib. REPLICATIONS IN ABATEMENT-(continued.) to plea of misnomer, defendant known as well by one name as other, 1142 to plea of misnomer, estoppel by putting in bail, 1143 REPLICATIONS IN BAR, estoppel, 1144 special similiter, ib. commencement of replication to special plea, called precludi non, 1145 the like, suggesting the death of one of the defendants, ib. conclusion to the country, ib. conclusion, with a verification in assumpsit, ib. IN ASSUMPSIT. to plea of usury to an action on a bill of exchange that bill was indorsed to plaintiff without knowledge of usury, and for value, &c. 1146 denial of the infancy, 1146 to plea of infancy, that meat, &c. were necessaries, and nol. pros. to residue, ib. ratification after defendant came of age, 1147 the like in another form, 1148 to plea of alien enemy that plaintiff resides here, ib. to bankruptcy that defendant promised after his bankruptcy, ib. to plea under bankruptcy, that plaintiff elected to come in under commission, denial of such election, ib. to plea of insolvency denying defendant's discharge, 1149 to plea of insolvency admitting plea, 1150 the like that defendant promised after discharge, ib. that debt contracted after discharge, ib. to pleas of tender, 1151 denial of tender, ib. nil debet to plea of set-off, ib. a writ issued out of K. B., C. P. or Exchequer, before tender, 1152 a writ with continuances, 1153 a prior demand of the debt, 1154 a subsequent demand, 1155 similiter, admission of tender, and award of venire, 1156 to plea of accord and satisfaction, denial of delivery of bond, &c. ib. to a plea of delivery of a bill of exchange accepted by defendant in payment, stating a presentment and dishonor thereof, 1157 to a plea of arbitrament, denying the award, ib. nul tiel record, to a plea of judgment recovered in same court, ib. the like, to a plea of judgment recovered in another court, 1158 to plea of judgment recovered denying that it was for same causes of action, ib. to a plea of release, non est factum, ib. to a plea of release, that it was obtained by fraud, ib. to a plea of set-off, nil debet, ib. to set-off on recognizance, &c. nul tiel record and nil debet, ib. [ib. to plea Court of Conscience Act, defendant indebted more than 40s. to plea of statute of limitations, that defendant did undertake, &c. 1160 that cause of action did accrue, &c. ib. a writ sued out within six years, 1161 that plaintiff was abroad, and action commenced in six years after return, 1161 REPLICATIONS IN BAR-(continued.) IN ASSUMPSIT-(continued.) the like, in another form, 1162 years after that defendant was abroad, and action commenced in six other replications to statute of limitations, 1162 b to plene administravit, that defendant had assets, ib. replication and award of inquiry where only plea of plene administravit is pleaded, ib. to plea of plene administravit by executor of executor, 1164 the like to a plea of bonds or judgments outstanding, 1165 that after exhibiting bill, and before plea, assets came to defendant's that judgments recovered against executor, were obtained by fraud, 1166 judgment fraudulently confessed for more than was due, 1167 to bond outstanding, that it is fraudulently kept on foot, ib. replication to plea of retainer on an indenture that the same was void for fraud, 1168 to plene administravit, prayer of judgment of assets quando acciderint, ib. the like with award of inquiry where general issue was not pleaded, 1169 replication to a plea of plene administravit præter praying judgment as to the 10l. and averring assets extra-sufficient to pay the debt, 1169 IN DEBT. common conclusion with a verification, 1170 for escapes that defendant of his own wrong permitted escape, ib. in an action against the warden to plea of voluntary return, that the bill to plea that deed was obtained by fraud, that it was duly obtained, 1171 a. to plea of duress, that defendant freely executed the deed, 1172 to plea of infancy, that defendant was of age, ib. to plea of usury, &c. that the bond was legal, ib. to a plea of tender, ib. to a plea of set-off, denying set-off, 1173 the like in another form, ib. to parol demurrer, confession of plea, 1174 to plea of rien per descent, that defendant had assets, ib. to the like, that defendant had assets before commencement of suit, ib. to plea of solvit ad diem, or post diem, denying the payments, 1175 to plea that no award was made, stating the award and breaches, 1176 to plea of ease and favor to bail bond, denying plea, 1177 to plea of comperuit ad diem, denying record of appearance, ib. REPLICATIONS IN BAR-(continued.) IN DEBT (continued.) to plea of performance of bond, that E. F. has not accounted, 1179 on charter-parties, denying defendant's offer to deliver cargo, ib. ON LEASES. denial of the eviction, 1180. to plea that plaintiff accepted rent of an assignee, denial of plea, 1181 to a plea of nul tiel record in the same count, stating the record, ib. the like in a different count, 1182 to plea of no ca. sa. against principal, setting out ca. sa. ib. to plea of death of principal before return of ca. sa. stating ca. sa., &c. 1183 to pleas to debt on judgments, 1184 to pleas on statutes of compromise by rule of court, that it was obtained by fraud, ib. to plea of former conviction, that it was obtained by fraud, ib. IN COVENANT. to plea of licence, denying the licence, 1185 other replications, ib. conclusion with a verification, ib. IN CASE. replication and award of venire, &c. where part of causes of action confessed, 1186 to pleas justifying slanderous words, de injuria, ib. to plea in trover of bona notabilia in several dioceses, denying it, 1187 PLEAS IN BAR, &c. IN REPLEVIN. IN GENERAL. 1. similiter to non cepit, 1188 2. commencement of a plea in bar to an avowry, ib. 3. the like to a cognizance, ib. 4. the like to an avowry and cognizance, ib. 5. commencement of a second plea in bar by leave, &c. ib. 6. conclusion to the country, 1189 7. conclusion with a verification, ib. 8. the like to an avowry and cognizance, ib. FOR RENT. traverse of the demise, 1189 no rent in arrear, 1190 that defendant was not bailiff, ib. that the landlord by the demise parted with all his interest in the premises, leaving no reversion enabling him to distrain, ib. payment of rent to ground landlord, ib. no rent in arrear as to part and tender as to residue, 1191 DAMAGE FEASANT. to avowry damage feasant by freeholder, denial of his title, 1195 that defendant demised locus in quo to plaintiff, ib. to an avowry for distress damage feasant, defect of fences, 1196 that plaintiff had right of common in locus in quo, 1199 tender of amends before impounding, ib. to avowry by a commoner, denial of his right of common, 1200 REPLICATIONS IN TRESPASS. IN GENERAL. 1. precludi non, 1201 2. conclusion with a verification, ib. to plea of tender, that the amends were not sufficient, ib. to plea of verdict recovered against plaintiff, denying the verdict was for same causes of action, ib. TO PERSONS. de injuria, or de son tort demesne, 1201 de injuria, to son assault demesne, 1202 to plea of son assault demesne, that assault was made to turn defendant out of a house, ib. to plea of defence of possession of close, right of way over close, 1203 to justification under latitat and warrant, protesting issuing of writ and warrant, and de injuria as to residue, 1204 to justification under latitat, a battery, &c. because plaintiff attempted to escape, that defendant beat plaintiff more than was necessary, 1205 TO PERSONAL PROPERTY. to a justification of distress damage feasant, demise by E. F. to plaintiff and de injurio, 1205 to the like, defect of fences, ib. to the like, that defendant converted distress, 1207 TO REAL PROPERTY. to liberum tenementum, denial of plea, 1208 to liberum tenementum, demise by defendant to plaintiff, 1209 to a plea of licence, a countermand, 1210 to plea of defect of fences, that defendant turned the cattle in, ib. observations on traverses of rights of common, and ways in general, 1212 NEW ASSIGNMENTS. IN ASSUMPSIT. that action was brought for breach of different contracts, 1213 IN TRESPASS TO PERSONS. to plea of son assault demesne, a different assault, 1213 to justification under process, imprisonment before issuing process, 1214 IN TRESPASS TO PERSONAL PROPERTY. to justification under a right of way, extra viam, 1215 that the corn, &c. was different corn, ib. IN TRESPASS TO REAL PROPERTY. to liberum tenementum, new assignment setting out abuttals, 1216 to plea of right of way, traverse of way and extra viam, &c. ib. REJOINDERS. 1. similiter to replication concluding to the country, 1219 4. conclusion with a verification, ib. |