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xi
DECLARATIONS IN TRESPASS—(continued.)
II. TO PERSONAL PROPERTY-(continued.)
for seizing plaintiff's cart and horse, &c. 381.
for seizing and detaining plaintiff's barge, 381.
III. TO REAL PROPERTY.
for trespass in dwelling-house, breaking doors, and seizing goods, 382.
count for a common expulsion, 383.
on stat. 8 Hen. VI. c. 9. for a forcible entry and detainer, 383.
second count, on plaintiff's possession as tenant from year to year, 384.
third count, on possession generally, 385.
breaking close, gates, and locks, with carts, &c. and special damage,
335.
the like, setting out the name of the close, or its abuttals, 387.
for cutting down and carrying away trees, 388.
for mesne profits, after recovery in ejectment, 388.
against inferior tradesman, for hunting, &c. on statute, 389.
second count, for breaking close and killing game at common law, 390.
third count, carrying away game, 391.
for fishing in plaintiff's close covered with water, 391.
second count, for fishing in plaintiff's several fishery, 391.
third count, for fishing in plaintiff's free fishery, 392. fourth count, for catching plaintiff's fish generally, 392. against inferior tradesman, on statute for fishing, 392.
DECLARATIONS IN EJECTMENT.
declaration by original in K. B. or C. P. on a single demise, 394.
the like on two demises with one ouster, 397.
the like on two demises with two ousters, 399.
the like on demises by tenants in common, &c. 401.
declaration by bill in K. B. 402.
the like in the Exchequer, 403.
on a vacant possession, 404.
IMPARLANCES.
general imparlance by bill, 405.
the like by original, 405.
imparlance and suggestion of death of one defendant after declara-
tion, 405.
special imparlance by bill, 406.
the like in another form, 407.
the like by original, 407.
general special imparlance, 408.
DEFENCES.
defence on appearance by attorney, 409.
the like by husband and wife, 409.
the like, on appearance by a feme covert, 409.
defence by a person sued by a wrong name, 410.
defence by an infant, 410.
PLEAS IN ABATEMENT. •
plea of privilege by an attorney of C. P. to an action in K. B. 411.
affidavit of the truth thereof, 412.
plea of privilege by an attorney of K. B. sued by latitat, 413.
the like to an action by original, 414.
coverture of the plaintiff, 414.
coverture of the defendant, 415.
plea that the contracts were made jointly with another person, 415.
the like to a declaration in debt on bond, 416.
misnomer of defendant's christian name in K. B. 416.
affidavit of the truth thereof, 417.
the like in C. P. 417.
misnomer of defendant's surname in K. B. 418.
misnomer of plaintiff's surname in K. B. 418.
another action depending for the same cause in K. B. 418.
PLEAS IN BAR,
COMMENCEMENTS AND CONCLUSIONS.
1st. commencement of a first plea when special, 421.
2dly. the like, where ground of defence arose after writ issued, 421.
3dly. commencement of a second special plea, 421.
4thly. the like to a particular count, or particular trespasses, 422.
5thly. conclusion to the country, 422.
6thly. conclusion with a verification, 422.
7thly. conclusion with a verification by the record, 422.
IN ASSUMPSIT.
general issue non assumpsit, 423.
the like by an executor or administrator, 523.
plea that contracts were made by defendants jointly, &c. 423.
infancy of defendant, 424.
coverture of defendant, 425.
plaintiff an alien enemy resident here, 425.
plaintiff an alien enemy resident abroad, 426.
bankruptcy of defendant, 426.
the like where certificate was obtained after commencement of suit,
insolvent debtor's act, 430.
[427.
non assumpsit except as to the sum tendered, and plea of tender, 431.
plea of set-off to the sum not tendered, 433.
accord and satisfaction by delivery of a pipe of wine, 434.
the like of a bond given in satisfaction, 434.
account stated, and delivery of defendant's promissory note, 435.
that defendant accepted a bill of exchange payable to a third person, 436.
arbitrament and award, 435.
judgment recovered in K. B. or C. P. or Exchequer, 438.
release, 439.
SET-OFF, 440 to 448.
plea of set-off, 440.
general issue and notice of set-off, 441.
the like, by or against assignees, executors, &c. 442.
subject matter of set-off.
on a judgment, 442.
on a recognisance in another court, and on simple contract, 443.
for rent due on a lease, 444.
on a bond, 445.
PLEAS IN BAR IN ASSUMPSIT-(continued.)
on a bill accepted by plaintiff, 445.
on a bill indorsed by plaintiff and defendant, 446.
on a promissory note made by plaintiff, 447.
on a promissory note indorsed by plaintiff to defendant, 447.
use and occupation, 447.
work and labour and materials, 448.
on a simple contract debt, 453.
judgment against testator, outstanding bonds and judgments against
defendant, 454.
IN DEBT.
GENERAL ISSUES AND PLEAS IN GENERAL.
nil debet, 459.
nil debet to debt qui tam, 459.
non est factum, 160.
the like by an executor or administrator, 460.
non est factum, after craving oyer of bond and condition, 460.
the like of an indenture, 461.
non est factum and nil debet to debt on bond and simple contract, 461.
onerari non, 462.
ESCROW-delivery of the deed as an escrow, 462.
FRAUD-deed obtained by fraud, 464.
DURESS.
1st menace to kill, 464.
2d. battery, and menace of further battery, 465.
3d. battery and fear of mayhem, 465.
4th. duress of imprisonment, 465.
infancy to debt on bond or deed, 466.
the like to debt on simple contract, 466.
coverture to debt on debt or deed, 466.
the like to debt on simple contract, 467.
usury to debt on bond, 467.
TENDER TO DEBT ON SIMPLE CONTRACT, 469.
SET-OFF TO DEBT ON BOND, 470.
BANKRUPTCY OF PLAINTIFF, 471.
STATUTE OF LIMITATIONS, 471.
PLEAS IN BAR IN DEBT-(continued.)
TO BONDS.
parol demurrer by an infant heir, 472.
rien per descent by heir, 473.
plea by a devisee, rien per devise, 473.
solvit ad diem, 473.
solvit post diem, 474.
TO ANNUITY DEEDS.
to debt on annuity bond, no memorial enrolled within 20 days, 474.
no memorial containing the names of the witnesses enrolled, 474.
payment of the annuity on the days mentioned in the bond, 475.
payment after the days, 475.
other pleas to debt on annuity bonds, 476.
ON ARBITRATION BONDS.
no award made, 476.
non-performance by plaintiff of a condition precedent, 476.
other pleas to debt on arbitration bonds, 477.
TO BAIL BONDS.
no process in the original action, 478.
plea by one of bail, that the bond was for ease and favour, 478.
comperuit ad diem, 479.
other pleas, 480.
TO REPLEVIN BONDS.
reference to precedents, 480.
TO BASTARDY BONDS.
non damnificatus, 480.
ON INDEMNITY BONDS.
non damnificatus, 481.
ON BONDS FOR PERFORMANCE OF COVENANTS.
performance generally of condition, 481.
performance of negative and disjunctive and affirmative covenants, 482.
performance generally of covenants in another deed, 483.
the like in a more concise form, 484.
performance specially, 484.
excuse of performance, 484.
non-performance by plaintiff of a condition precedent, 485.
ON LEASES AND DEMISES.
no rent in arrear, 486.
eviction, 486.
by lessee, assignment of the term to a third person, 487.
by an assignee, assignment of term before rent became due, 488.
1
ON STATUTES.
to action for bribery, prior suit depending for same offences, 490.
another action for same offence compounded by rule of court, 492.
former conviction for the same offence, 493.
IN DETINUE.
general issue non detinet, 495.
IN COVENANT.
IN CASE.
accord and satisfaction, 497.
tender as to part, 498.
plea to covenant for rent, a tender on the land before sun-set, 498.
set-off, 499.
plea that lessor was seised for life and not in fee, 500.
plea by assignee traversing the assignment to him, 500.
premises not out of repair, 501.
other pleas to covenant on leases, charter-parties, &c. 501.
general issue in case or trover, 502.
statute of limitations, 502.
accord and satisfaction, 502.
justification of words of theft, that plaintiff was guilty of theft, 503.
justification of words of perjury, that plaintiff was guilty of perjury, 504.
justification of words of insolvency, that plaintiff was insolvent, 506.
another person author of slander, 506.
IN REPLEVIN.
IN GENERAL.
non cepit, 508.
commencement of an avowry, 508.
commencement of a cognisance, 509.
commencement of avowry by one, and cognisance by another, 509.
conclusion of an avowry or cognisance, 509.
plea in bar, property in defendant or a stranger, 510.
cepit in alio loco, with avowry for return, 510.
that defendant took the cattle damage-feasant in another close, 511,
AVOWRIES, &c. FOR RENT.
common avowry or cognisance for rent, 512.
the like in a more general form, 513.
avowry where part of the rent has been satisfied, 513.
avowry by one tenant in common for rent due to him, 514.
cognisance by him as bailiff of the other tenant in common, 515.
avowry for poor-rate, 515.