VOL.
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186. Plea (to a declaration for work and labour), 1st, non affumpfit; 2d, that the promifes were made by defendant and one A. B. who is fince a bankrupt, and that plaintiff was indebted to defendant and A. B. in more money, &c. Replication thereto, and iffue on the fet off.

188.

189. Plea (to a declaration on a bill of exchange, at the fuit of the fecond indorfee against the acceptor), that the first indorfee, at the time of his indorfing the bill, was a bankrupt, and that defendant is anfwerable to the affignees of fuch bankruptcy, 19. Geo. 2. c, 32. f. 1. Replication, that bill was bona fide negociated, and plaintiff had no we of the bankruptcy. Rejoinder, that bill was not fairly negociated, and iffue on the notice.

185. 186.

186. Plea of non affumpfit and bankruptcy pleaded.
188. Plea of bankruptcy, with notice generally in bar, in
conformity to the ftatute, 5. Geo. 2. c 30. f. 7.
Non affumpfit by two defendants, non affumpfit and Bankruptcy
by a third, Lill. Ent. 106. REPLICATION, confeffing
the bankruptcy, but avers that he and the other fuper je
affumpferunt; the third makes default, and iffue,
Plea of bankruptcy, and that the caufe of action accrued before,
Plea of non affumpfit and non affumpfit infra jex annos, that de-
fendant was a bankrupt, and plaintiff's caufe of action ac-
crued before in C. B.

PRECEDENTS in Books of PRACTICE, REPORTERS, &c,

R. Pr. B. R. 186, 187 2. Wilf. Rep. 264

1. T. R. 89. 2. R. P. C. B. 16 2. R. P. C. B. 64

Plea of Bankruptcy,
Plea to declaration against three defendants, imparlance; ft,
non affumpfit by two; 2d, non affumpfit by third, and iffue;
and for further plea, bankruptcy in defendant after cause
of action accrued. REPLICATION, confeffing her bank-
ruptcy, but fays that all the defendants promifed jointly;
dies datus for defendants to rejoin; and judgment by de-
fault for want of rejoinder; and venire awarded, as
well to try the iffues as to enquire the damages on fuch
judgment. (Practical Forms, fee)

REPLICATION to a plea of bankruptcy in plaintiff to affumpfit
for monies due on an account flated, that plaintiff by deed
affigned the debt fued for, before he became bankrupt,
to A. B. for whofe ufe he now fues,

Lill. Ent. 106, 107

1. T. R. 619 Plea by three, two non effumpferunt, third, by leave of the court, non offumpfit and bankruptcy, Lill. Ent. 106.

15. 2. Court of Confcience A&.

VOL.
III.

Page

191. Plea, court of confcience act for London, 3. Jac, 1.

c. 15. and 14. Geo. 2. c. 10.

258 Pica

VOL. 1II. Page

258. Plea of court of confcience act for Westminster, 23. Geo. z. c. 27. f. 8. REPLICATION, that defendant was indebted in forty fhillings and upwards.

191.

195.

Plea of non affumpfit infra fex annos to the 1ft Count; to
the 2d, 3d, and laft, non affumpfit generally, except as
to fifteen pounds and upwards; to the whole of the
fourth promife the court of confcience act for the
Torver Hamlets. Replication thereto, taking iffue on
the ftatute of limitations as to the firft promife, and
as to the plea of court of confcience act, fhewing that
plaintiff fued defendant in B. R. by bill of Middlesex,
and that defendant appeared the fourth, &c. and de-
nying that defendant refided within the jurifdiction of
the court of confcience, 23. Geo. 2. c. 33.

192. REPLICATION, that defendant was an attorney of C. B.
and not liable to be fummoned in the county court.
193. Plea, court of confcience act for Southwark, (32. Geo. 2.
c. 6. to amend and explain 32. Geo. 2. c. 6.)

193. Plea, court of confcience act (5, Geo. 3. c. 8.) for the
hundred of Blackheath and Bromley, &c. in Kent,
194. Plea in C. B. non affumpfit to the whole, and the jurif
diction of the court of requests for the city of London
by rule of court, and opinion on the propriety of
pleading or fuggefting it.

191. Plea of the court of confcience act for Liverpool.
195. Plea of court of confcience act for the county of Middle-
fex, 23. Geo. 2. c. 33. Replication that defendant
was an attorney of C. B. and not liable to be summon-
ed in the county court. (See Index, post. xxii. Other
Pleas, &c.)

Plea by an attorney as to all, except one pound three fhillings
and eightpence; and as to that fum, that he is liable to be
fued in the county court of Middlefex. REPLICATION, that
an attorney is privileged from being fued there; on de-
murrer, judgment for plaintiff,
Plea, that defendant was not indebted in forty fhillings, and
the Southwark court of requests, 22. Geo. 3. c. 47; and
that defendant was refident within the jurifdiction,

PRECEDENTS in Books of PRACTICE, REPORTERS, &c.

1. Wilf. Rep. 42. b.

2. H. Bl. 351

3.

Infolvent Debtors' Acts.

VOL. III. Page

197. Plea of duplicate, defendant having been in cuftody of an officer and furrendered in discharge of bail, &c.

196. Plea of duplicate as a prifoner.

197. Plea of difcharge of a prifoner under the compulfive clause

of infolvent act, 1. Geo. 3. c. 27. f. 46.

199. Plea of difcharge under the act of infolvency as a prisoner 200. in cuftody. Replication and iffue.

T 3

198. Plea

Vol.
III.
Page

198. Plea of discharge under an insolvent act, and REPLICA

TION.

202. Plea of duplicate of discharge under insolvent act as a fugitive.

101. Plea, that plaintiff was discharged under an infolvent act,
and his eftate and right of action vested in the clerk
of the peace.

Plea in affumpfit in difcharge of execution against the body of
an infolvent debtors' act, defendant having been a fugitive.
REPLICATION, employment and refidence in foreign parts,
viz. at St. Helena, as chaplain of the island, in the fervice
of the East India Company, upon a stipend, and not a fugi-
tive. Rejoinder, not fo refident,
Plea of infolvent debtors' act, defendant having been a prisoner
for debt. Replication, not duly discharged,
Plea of discharge of infolvent debtor under 21. Geo. 3. de-
fendant being at large upon the deftruction of the B. R.
prifon in June 1780,

PRECEDENTS in
Books of PRACTICE,
REPORTERS, &C.

Mor. Pr. 241, 242. 244

Plea of infolvent debtors' act, 2. Ann, c. 16. in stay of execu tion as to his perfon, and confeffes action, but traverses the time of incurring the debt. Demurrer as to perfon. Joinder as to perfon, and apparel, and bedding, to the value of ten pounds,

Ibid. 244. 246

Ibid. 246

2. Ld. Raym. 1263

Plea, ftatute of 10. Ann, in discharge of defendant's perfon only, being a prifoner.
Replication, that he was not a true prisoner, and traverses his discharge, Lill.
Ent. 108.

4. Limitations, Statutes of.

VOL.
I.

Page

327. Plea, 1ft, general iffue; 2d, alio non accrevit infra sex annos. Replication to zd plea, that after the faid caufes of action accrued defendant was in foreign parts beyond the feas, until he returned in 1780, and that plaintiffs, within fix years after his return, exhibited their bill. Rejoinder, taking issue.

VOL.

III.

Page

205. REPLICATION to a plea of non accrevit infra fex annos, that the plaintiff's teftator was non compos mentis for a long time before, and at his death, and that the plaintiffs fued out their original writ, within, &c. 205. REPLICATION to a plea of the statute of limitations, that caufe of action arofe within fix years.

204. REPLICATION to non affumpfit infra fex annos, that the inteftate continued at fea till his death, and that with

in fix years after his decease plaintiffs exhibited a bill

at

1

VOL.
III.
Page.

at the fuit of an adminiftrator. REJOINDER, taking

iffue.

203. REPLICATION to a plea of statute of limitations, that
plaintiffs fued out a bill of Middlefex, and promised
within fix years next before the suing out of the pre-
cept.
203. Plea, 1ft, general iffue; zd, non assumpfit infra sex annos ;
3d, fet off for goods fold, &c.

VOL.

TION, taking issue.

REPLICA

213. Plea of non affumpfit and non affumpfit infra fex annos.

VOL.

III. Page

205. REPLICATION to a plea of the ftatute of limitations, that plaintiff was beyond feas when the action commenced and exhibited, &c. within fix years after his former arrival.

203. REPLICATION to a plea of the ftatute of limitations, that a writ of latitat was fued out within fix years, the rejoinder admitting the suing out the latitat, but denies that he promised within fix years..

205. REPLICATION to a plea of ftatute of limitations, and to action at the fuit of plaintiffs, as executors, that their teftator fued for the faid debt, and proceeded as far as the declaration, and died; whereupon the action was discontinued, and that defendant promised within fix years after the suit.

207. Plea, non affumpfit infra fex annos.

208.

iffue.

Replication;

209. Replication, actio non accrevit infra fex annos to plea of

fet off.

208. Plea of ftatute of limitations, non affumpfit infra fex annos

and fet off.

Non affumpfit infra fex annos. Replication,

Non affumpfit and non affumpfit infra sex annos,

REPLICATION of non affumpfit and non affumpfit infra fex annos to a plea of set off,

A&tio non accrevit infra fex annos,

REPLICATION to a plea of non assumpfit infra sex annos, that
plaintiff fued out a bill of Middlefex, with continuance by
the non mifit breve to the time of appearance. REJOINDER,
nal tiel record, furrejoinder habetur tale recordum,
Non affumpfit infra fex annos, REPLICATION, that plaintiff
undertook within fix years, and iffue,
Plea of non affumpfit infra fex annos,
REPLICATION there-

to. Rejoinder,

Plea, actio non accrevit infra fex annos.

PRECEDENTS in Books of PRACTICE, REPORTERS, &C.

1. R. Pr. B. R. 208

Ibid. 209

Itid. 208

Ibid. 209

2. R. P. B. R. 81. 86

Morg. Pr. 217. 218

1. R. P. C. B. 148. 149

Ibid. 149

Pica,

VOL.
III.

Page

Plea, non affumpfit and non assumpfit infra fex annos, that de-
fendant was a bankrupt, and plaintiff's cause of action ac-
crued before in C. B.

Plea of ftatute of limitations. REPLICATION, latitat fued
out with divers continuances, which were fued out with in-
tent to declare in that action; averment, that the causes of
action in the bill and the writ are the fame. REJOINDER,
taking iffue on the non assumpfit within fix years before the
iffuing the latitat,
REPLICATION, a bill of Middlesex fued out, with divers
continuances, with fuggeftion of the demife of the king; and
that afterwards a latitat was fued out and continued; and
that the promise was made within fix years before bill of
Middlefex fued out. (Practical Forms Suggestions.)
REPLICATION to plea of ftatute of limitations, non affumpfit
infra fex annos, that plaintiff fued out a latitat and an alias
capias, and three pluries thereon; after which the king
died, and the defendants appeared before his acceffion or
fucceffion; and plaintiff declared against him in this action,
and the cause of action accrued within fix years before the
iffuing of the first writ,

Plea of non affumpfit and non affumpfit infra jex anno: in one
plea in B. R.

Plea of non accrevit action infra fex annos. Replication there-
to, that the action did accrue within fix years, and iffue,
REPLICATION to plea of statute of limitations, that on, &c.
plaintiff fued out a bill of Middlefex, returnable on, &c.
that continuances were entered till, &c. but fheriff did not
return the precept; but that plaintiff afterwards, on, &c.
fued out an attachment of privilege for fame caufe of action,
to which defendant appeared,
Plea, non accrevit infra fex annos.

REPLICATION, that be-
fore the eleventh day of February, 1725, viz. March
twenty-fifth, 1720, plaintiff levied a plaint in fheriff's
court, which was removed by habeas corpus, and that the
cause of action is the fame. Demurrer with causes, for
that the cause of action is not the fame,

PRECEDENTS in
Books of PRACTICE,
REPORTERS, &c.

2. R. P. C. B. 16

Lill. Ent. 32

Ibid. 104

Ibid. 122

Inftr. Cl. 7. Ed. 261

Pl. Aff. 451, 452

3. T. R. 662

2. Ld. Raym. 1427

Plea to the first promife, non affumpfit, to the second and third non assumpfit within fix

years, Bro. Vad. 74. 113.

Plea of ftatute of limitations, Mo. Ent. 142. Cl. Aff. 181. Br. R. 99. Replica-
tion, 104.

Plea of non affumpfit within fix years. Replication, that the monies were due and
payable between merchants in the courfe of trade. This was bad in assumpfit,
but otherwife in account, 2. Sand. 123. -

Plea to first and fecond promife non affumpfit infra fex annos; to third and fourth,
affumpfit generally. Replication to trit and fecond, an original in trefpass, &c.
fued out within fix years; and that he promifed within fix years next before the
original. Defendant craves oyer of the original and hath it, and pleads that the
writ will not warrant the declaration. Demurrer and joinder, 2.Vent. 155.
Non affumpfit within fix years from fuing out the original, Lill. Ent. 478.; fimilar
plea from fuing out the bill.

Other