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REJOINDERS-(continued.)
IN ASSUMPSIT-(continued.)

traverse of the intent of issuing the writ, 663.
to replication that defendant was beyond sea, &c. that plaintiff did not

exhibit his bill within six years of defendant's first return, '663. to replication that assets had come to hand since the exhibiting the

bill, denying the fact, 663. to replication that the judgments against the defendants were ob

tained by fraud, denying the fraud, 664.
IN DEBT.

to replication stating an award, denying the award, 664.
to replication on bastardy bond she wing damage, denial of replica.

tion, 655.
to replication to bond to account, that E. F. did account, 665.

REPLICATIONS IN REPLEVIN.

in general, 666.
similiter to plea in bar concluding to the country, 666.
commencement of a replication in replevin, 666.
conclusion to the country, 666.
conclusion with a verification, 666.
to plea in bar of a tender, denial of tender. 667.
to plea in bar of a tender, a subsequent demand, &c. 667.
to a plea in bar of a demise, stating a notice to quit, 667.
to plea of defect of fences, denial of obligation to repair, 668.
the like, denial of defect of fences, 669.
to a plea to an avowry damage-feasant stating a right of common over

locus in quo, traverse of right of common, 669.

REJOINDERS IN TRESPASS.

1. similiter to replication concluding to the country, 670.
2. rejoinder to a replication concluding with a verification, 670.
3. conclusion to the country, 670.
4. conclusion with a verification, 670.
to a replication of a demise to the plaintiff, a notice to quit, 670.
rejoinder re-asserting right of common, &c. as stated in the plea, 671.

SURREJOINDERS.

common form of a surrejoinder, 672.
conclusion to the country, 672.
conclusion with a verification in trespass, 672.
rejoinder in replevin, 672.
surrejoinder in trespass, that the notice to quit was waived, 673.

REBUTTERS AND SURREBUTTERS.

rebutter denying the waiver of the notice to quit, 673.
surrebutter similiter, 674.

PLEAS, &c. TO NEW ASSIGNMENTS.

general issue to new assignment, 674.
commencement of special plea to new assignment, 674.
conclusion with a verification, 674.
similiter to general issue to new assignment, 675.
commencement of a replication to a special plea to a new assign-

ment, 675.
conclusion with a verification, 675.

PLEAS PUIS DARREIN CONTINUANCE.

pleas puis darrein continuance of release, &c. not at the assises, 676. the like at the assises, 676.

DEMURRERS.

TO DECLARATIONS.

general demurrer to a declaration, 678.
special demurrer, 678.

TO PLEAS.

general demurrer to a plea in abatement, 679.
general demurrer to a plea in assumpsit, 679.
special demurrer in assumpsit, 679.
to a plea in debt, 680.
to a plea in covenant, 680.
to a plea in case, 680.
to an avowry or cognisance, 680.

to a plea in trespass, 680. TO REPLICATIONS, &c.

general demurrer to a replication, 681.
special demurrer to a replication, 681.
demurrer to a plea in bar to a cognisance, 681.

JOINDERS IN DEMURRER.

joinder in demurrer to a declaration or replication in assumpsit, 682.
the like in other actions, 682.
joinder in demurrer to a plea in abatement, 682.
joinder in demurrer to a plea in bar in assumpsit, 683.
joinder in demurrer to a plea in bar in replevin, 683.

PRECEDENTS.

1. BEGINNINGS AND CONCLUSIONS OF DECLA.

RATIONS.*

1. IN THE KING'S BENCH.

Markham and Le Blanc.

Thursday next after fifteen days of St.

Hilary,(a) in Hilary Term, 47 Geo. III. MIDDLESEX, (to wit.)(6) A B complains of C D, being in 1. In asumpthe custody(c) of the marshal of the marshalsea of our lord bill or latitat. the now king, before the king himself, of a plea of *tres

(a) As to the title of the declara- tled specially of a subsequent day in tion in general, see vol. 1. chapter on that term, and it is always advisable Declarations and 2 Saund. 1. n. in an action of assumpsit, case, or 1. The declaration should in gene- trespass, to entitle the declaration ral be entitled of the term in which specially of the day it is delivered or the writ is returnable, 3 T. R. 624. filed, in order to admit of evidence but when it is by the by, may be en- of a promise, &c. after the first day titled of the term when it is deliver- of the term. 1 T. R. 116. 7 T. R. 4. ed. Id. 627. and if there be several 4 East, 75. But a declaration in sci. defendants who put in bail of differ- fa. may be entitled generally, 3 Wils. ent terms it should be entitled of the 154. term of which the last bail was put (6) As to the venue, sce vol. 1. in. Id. 1 Wils. 242. When the cause chapter on Declarations. of action arose after the first day of (c) This form is to be adopted whes the term in which the writ is return ther the defendant be in the actual or able, the declaration should be enti- supposed custody of the marshal.

* I have here only given one or two of the most nsual forms in each court. For the great variety of these forms in different actions, and against particular persons, see the Forins of Court, &c. which I have lately published on a farge single sheet VOL. II.

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