On judgments further saith, that the said E F at the time of the issuing of and statutes. the said writ of capias ad satisfaciendum, and at the return thereof, was living, to wit, at Westminster aforesaid, in the county aforesaid. And this, &c. [conclude with a verification, as ante, 615.], To pleas to debt on judg 'ment. To plea of compromise [See the pleas, ante, 489, 490. and replications, 7 Wentw. Index, 632. The replications to the plea of nul tiel record, are precisely as ante, 624 625.] [Precludi non, as ante, 593. second precedent.] Because he by rule of saith, that the said writ of latitat in the said second plea mencourt, that it was obtained tioned, was sued out, and the said rule of the said court and by fraud.(f) recovery in that plea mentioned, were had and obtained by fraud and covin, contrary to the form of the statute in such case made and provided. And this, &c. [conclude with a verification, as ante, 615.] To plea of former convic [Precludi non, as ante, 593. second precedent.] Because he tion, that it saith, that the said judgment of conviction in the said plea to was obtained the said first count of the said declaration mentioned, was had by fraud.(g) and obtained by fraud and covin. And this, &c. [conclude with a verification, as ante, 615. REPLICATIONS IN COVENANT. [Precludi non, as ante, 593. second precedent.] Because he To plea of lisaith, that the said CD of his own wrong, and without the cense, deny ingthe license. leave or license of him the said A B, to him the said CD, (h) for that purpose first given and granted, did plough and break up, &c. (enumerate the acts complained of as in the declaration.) 628 And this he the said AB prays may be inquired of by the country, &c. As the pleas in covenant most frequently conclude to the Other repli country, few special replications occur in practice, and it is cations. sufficient to refer to the precedents indexed in 5 Wentw. Index, 102 to 144. The conclusion of a replication with a verification is as fol- Conclusion with a veriflows: "And this he the said AB is ready to verify; where- cation. fore he prays judgment, and his damages by him sustained, by reason of the said breach of covenant first above assigned to be adjudged to him, &c. See the precedent, 3 Wentw. 232. REPLICATIONS IN CASE. [Similiter to the general issue, as ante, 592.] And as to the said pleas of the said CD by him secondly and thirdly above To pleas justiying words, de injuria.(4) (h) See the plea, ante, 496. and the precedent, 9 Wentw. 24. See replications de injuria, 3 Wentw. 423, VOL. II. (i) See the pleas, ante, 503 to 507. and the precedents, and law, 1 Saund. 244. n. 7. [ 713 In case. pleaded, the said A B saith, that he by reason of any thing by the said C D in those pleas above alleged, ought not to be barred from having and maintaining his aforesaid action against the said CD, in respect to the grievances in the introductory part of those pleas mentioned. Because he saith that the said C D, at the said time when, &c. in the said first and second counts mentioned, of his own wrong, and without the cause by bim the said CD in his said second and third pleas, or either of them mentioned, did commit the said grievances in the introductory part of those pleas mentioned, in manner and form as the said A B hath above thereof complained against him the said CD, to wit, at, &c. aforesaid. And this he the said AB prays may be inquired of by the country, &c. 629 *PLEAS IN BAR, &c. IN REPLEVIN. In general. And the said A B, as to the said plea of the said CD by him 1. Similiter to first above pleaded, and whereof he hath put himself upon non cepit. (k) the country, doth the like. And the said A B, as to the said avowry of the said CD, saith, that the said C D by reason of any thing by him in that avowry above alleged, ought not to avow the taking of the said cattle, (or "goods and chattels,") in the said place in which, &c. and justly, &c. because he saith, that, &c. And the said A B, as to the said cognisance of the said C D, saith, that the said C D by reason of any thing by him in that cognisance above alleged, ought not as bailiff of the said E F, to acknowledge the taking of the said cattle, (or "goods and chattels,") in the said place in which, &c. and justly, &c. bex cause he saith, that, &c. (k) See the plea, ante, 508. N ごま And the said A B, as to the said avowry and cognisance of In general. an avowry and cognisance. the said CD and E F by them first above made, saith, that by 4 The like to * 630 ment of a se &c. *And for a further plea in this behalf to the said first avow- 5. Commence. ry (or "cognisance") of the said CD, the said A B by leave of cond plea in the court here for this purpose first had and obtained, accord- bar, by leave, ing to the form of the statute in such case made and provided, saith, the said CD, by reason of any thing in his said avowry (or "cognisance") alleged, ought not to avow (or "as bailiff of the said E F ought not to acknowledge") the taking of the said cattle, goods, and chattels of the said A B in the said place in which, &c. and justly, &c. because he saith, that, &c. And this he the said C D prays may be inquired of by the 6. Conclusion éountry, &c. And this he the said A B is ready to verify; wherefore, inasmuch as the said CD hath above acknowledged the taking of the said cattle, goods and chattels in the said place in which, &c. he the said A B prays judgment and his damages, by reason of the taking and unjustly detaining the same, to be adjudged to him, &c. And this he is ready to verify; wherefore, inasmuch as the said CD in his own right hath avowed, and the said E F as bailiff of the said CD, hath acknowledged the taking of the said cattle, goods and chattels, in the said place in which, &c. he the said AB prays judgment, and his damages by reason of the taking and unjustly detaining thereof, to be adjudged to him, &c. to the country. 7. Conclusion cation. with a verifi 8. The like to an avowry and cognisance. [Commencement of plea in bar, as ante, 629, 630.] Because For rest. he saith, that the said A B, (or "E F") did not hold or en- Traverse of joy the said dwelling-house in which, &c. with the appurtemances, as tenant thereof to the said C D, (or “the said & II,”) the demise. T under the said supposed demise thereof, in the said avowry (or "cognisance") mentioned, in manner and form as the said CD hath above in his said avowry (or "cognisance") in that behalf alleged, and this *he the said A B prays may be inquired of by the country, &c. [Commencement of plea in bar, as ante, 629, 630.] Because he saith, that no part of the said supposed rent, in the said avowry (or "cognisance") mentioned, was, or is in arrear, from the said A B to the said C D, (or “ G H,”) in manner and form as the said CD hath, in his said avowry (or “cognisance") in that behalf alleged, and this he the said A B prays may be inquired of by the country, &c. [Commencement of plea in bar, as ante, 629, 630] Because he saith, that the said CD at the said time, when, &c. was not the bailiff of the said E F in manner and form as he the said C D hath above in his said cognisance in that behalf alleged, and this he the said A B prays may be inquired of by the country, &c. [Commencement of plea in bar, as ante, 629, 630.] Because he saith, that the said C D, from the day of A. D. and from thence for a long space of time, to wit, frym day of A. D. held " thence until and upon the day of A. D. (1) As to this plea in bar, see 1 Saund. 347. c. n. 4. 2 Leon. 169. The conclusion to the country is proper, Morg. Prec. 53. 1 Saund (m) See 4 T. R. 511. Payment of land-tax, Doug. 624, 625. 1 |