in his said declaration in that behalf alleged. And this, &c. In general. [conclude with a verification, as ante, 422. sixth precedent.] to [Actio non, as ante, 421. first precedent.] Because he saith Plea by asthat all the estate, right, title, interest, and term of years then signee traversing the asto come and unexpired, property, claim, and demand what- signment him.(x) soever of the said E F, of and in the said premises with the appurtenances, by assignment thereof duly made, did not come to and vest in the said C D, *in manner and form as the said A B hath in his said declaration in that behalf alleged. And of this he the said CD puts himself upon the country, &c. * 501 [Actio non, as ante, 421. first precedent.] Because he saith, Premises not that the said messuage and tenement, farm-house and out- out of repair. (y) houses thereunto belonging, were not, nor are, nor was, nor is any part thereof ruinous, prostrate, fallen down or out of repair, in manner and form as the said A B hath above thereof complained against him the said C D, and of this he the said CD puts himself upon the country, &c. covenant on leases, charter parties, apprentice deeds &c. See the pleas to debt on leases, ante, 486 to 488. which may Other pleas to readily be adapted to the action of covenant, and see the great variety of pleas in covenant on different deeds, indexed in 5 Wentw. Index, 127 to 144. and Com. Dig. Pleader, 2 V. 4 to 18. Pleas in covenant so much depend on the particular facts of each case, that it would not be practicable in a concise collection of precedents of this nature to give forms in every case. The few precedents in the preceding pages will suffice. (x) The words of the traverse of the assignment are to be in the negative of that part of the declaration. (y) The plea to the breach of covenant for not repairing should be conformable to the breach, and may be either that the defendant did re- *IN CASE. In general. In the K. B. (or " C. P." or "Exchequer.") C D Term, 48 Geo. III. And the said C D, by E F his attorney, comes and dein case or tro- A B. fends the wrong and injury, when, &c. and says that he ver.(a) is not guilty of the premises above laid to his charge, in manner and form as the said A B hath above hereof complained against him. And of this he the said C D puts himself upon the country, &c. Statute of li [First plea, general issue, as supra. 2d, actio non, as ante, 421. mitations.(b) thard precedent.] Because he says, that he the said CD was not guilty of the said supposed grievances in the said declaration mentioned, or of any or either of them, at any time within six years next before the exhibiting of the bill of the said A B against him the said C D in this behalf, (or if in C. P. or by original, say, "next before the commencement of this suit,") in manner and form as the said A B hath above thereof complained against him the said CD. And this, &c. [conclude with a verification, as ante, 422. sixth precedent.] Accord and satisfaction. (c) * 503 [First general issue, as supra. Second plea, actio non, as ante, 421. third precedent.] Because he says, that after the committing of the said grievances as aforesaid, and before the exhibiting of the bill of the said A B against him the said CD in this behalf, (or if in C. P. or by original, "before the com mencement of this suit,") to wit, on, *&c. at, &c. aforesaid, he the said CD paid to the said A B the sum of —. of lawful (a) As to what may be given in evidence under this plea, see ante, val. 4. Judex, tit. General Issue. 40) As to this plea, see 6 East, 387. (c) The subject matter of this plea may be given in evidence under the general issue. 3 Burr. 1355.1 Bla. Rep. 388. s. c. It is, however, in general advisable to plead it. money of Great Britain, for and in full satisfaction and discharge In general. [First plea, general issue, as ante, 502. Second plea, as fol- Justification of lows:] And for a further plea in this behalf as to the speaking words of theft, that plaintiff and publishing of the said several words of and concerning was guilty of the said AB as in the said theft.(d) counts mentioned, the said CD by leave of the court here for this purpose first had and obtained, according to the form of the statute in such case made and provided, saith that the said *A B ought not to have or maintain his aforesaid action thereof against him, because he says, that the said A B before the speaking and publishing of the said several words, of and concerning him the said A B, as in the said counts mentioned, to wit, on, &c. at, &c. did feloniously steal, take and carry away certain goods and chattels, to wit, of one E F of great value, to wit, of the value of -7. wherefore he the said C D afterwards, to wit, at the said 504 (d) See the precedents and notes, 1 Saund. 234. n. 6. 8 Wentw. Index, 12 to 15. It is necessary to state the specific offence of which the plaintiff has been guilty, together with the time and place in which it was committed, and it must necessarily be that species of offence with which the defendant charged the plaintiff, 1 Saund. 244. n. 6. 1T. R. 750. and the law does not allow of pleas of justification containing general charges of fraud or felony committed by the plaintiff, because they do not apprize the plaintiff of the specific defence which is intended to be set up, 1 T. R. 748. It was formerly usual in the plea, to repeat the words mentioned in the declaration, but this is no longer the practice, 1 Saund. 244. n. 6. unless the defendant only justifies speaking part of the words in any particular count, in which case counts the plea may run thus, "And for a For slander. several times in the said Justification of words of plaintiff was guilty of per jury.(e) counts mentioned, at, &c. afore said, did speak and publish the said words of and concerning the said AB, as in the said counts mentioned, as he lawfully might for the cause aforesaid. And this, &c. [conclude with a verification, as ante, 422. sixth precedent.] [First plea, general issue, as ante, 502. - Second plea, actio perjury that non, as ante, 503.] Because he says, that before the speaking and publishing the said words of and concerning the said A B in the said counts mentioned, to wit, on, &c. at, &c. at the assises, then and there holden, before then chief justice of our said lord the king, assigned to hold pleas before the king himself, and, then one of the justices of our said lord the king, assigned to hold pleas before the king himself, justices of our said lord the king, appointed to take the assises for the said county, according to the form of the statute in such case made and provided, a certain issue before then duly joined in an action brought and prosecuted in the court of our said lord the king, before, and his companions, then justices of our said lord the king of the bench at Westminster, in the county of Middlesex, by and at the suit of one E F as the plaintiff against one G H as the defendant, for the supposed breach of certain promises and undertakings alleged by the said EF to have been made to him by the said G H and not performed, came on to be tried in *due form of law, and was then and there tried by a jury of the country in that behalf, duly taken and sworn between the parties aforesaid, and upon such trial of the said issue, the said A B appeared as a witness for and on behalf of the said E F the plaintiff in the said action, and the said A B was then and there in open court at the said assises holden as aforesaid, before the said and, the justices aforesaid, duly sworn, and took his corporal oath upon the holy gospel of God, to speak the truth, the whole truth, and nothing but the truth, touching and concerning the matters in question in the said issue, (they the said -, then and there having sufficient and competent power and authority * 505 and "" (e) See the precedents, Ast. Ent. 234.237. 8 Wentw, Index, 12 to 15. 21. Thomp. Eut. 65. 3 Inst. Cl. to administer the said oath to the said A B in that behalf,) and For slander. upon the said trial of the said issue, certain questions then and there became and were material, to wit, whether, &c. (here state the questions according to the fact, and as they relate to the charge of perjury against the plaintiff,) and the said C D further says, that the said A B being so sworn as aforesaid, upon his oath aforesaid, then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, falsely, wickedly, wilfully, maliciously and corruptly, and by his own act and consent, did say, depose, swear and give evidence, amongst other things, at and upon the said trial, to and before the said jurors so sworn to try the said issue as aforesaid, and the justices as aforesaid, that, &c. (here state that part of the plaintiff's evidence in which he committed perjury.) Whereas in truth in fact, &c. (here negative the plaintiff's evidence as in an indictment for perjury.) And the said A B did thereby in the said court at the said assises so holden as aforesaid, upon his said oath upon the trial of the said issue, falsely, wickedly, wilfully and corruptly, commit wilful and corrupt perjury; wherefore the said CD at the said several times, when, &c. in the said counts mentioned, at, &c. aforesaid, spoke and published of and concerning the said A B, the said several words in the said tioned, to have been spoken and published by him the said CD of and concerning the said A B, as it was *lawful for him to do for the cause aforesaid. And this, &c. [conclude with a verification, as ante, 422. sixth precedent.] counts men * 506 Second plea, actio Justification of counts mention [First plea, general issue, as ante, 502. . which he then and there owed to one E F, for, &c. (here words of insolvency, that plaintiff was insolvent. |