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Came in on returning the Capias by Cepi Corpus, fee Note

Page 60

61

Bail used to be put in, in Town Commiffioners to take Bail not appointed until 4 W. & M. ib.

Of filing Common Bail, and entering Appearance on Service of the Process with English Notice, fee Note why English Notice

63 Of filing Declaration, and giving Notice thereof, &c. in Cafe of no Common Bail or Appearance by the Defendant This Method contradictory to the old Rules of Practice

Df the Declaration in the King's

A Declaration, what

Bench.

66

ib.

68

The Difference between the Declaration and a

Count

ib.

Used to be filed by the Clerk's in the King's Bench Office

ib.

Attornies at large did not file their own Plead

ings till after the Fire of London

69

The old Method of declaring

ib,

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Df the Declaration, and declaring in the Common Pleas.

The old Method of declaring, &c.

ib.

Why Summonitus fuit & Attachiatus fuit ufed

by the Prothonotaries

а 4

70, 71

The

The Original Writ the Guide for the Declaration Declaration faid to be an Expofition of the Ori

Page 72

ginal Writ, why

ib.

No Variance was to be between the Declaration

and the Original

ib.

The Original used to be repeated therein

73

An Example thereof

ib.

Difcontinued by Rule Car. 2.

Therefore he brings his Suit, &c. why

Answered by the Quando, &c. in the Plea ib. The Reasons of the Difference of the formal Parts of the Declarations

Examples thereof

75,76

77, &c.

75

74

Df the Wenue.

The Distinction between tranfitory and local Actions, when it begun, and what gave

Rife to it

Of changing the Venue

Of the Time of laying the Action

90

ib.

91

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Of the Inconveniences which may arise from the Use of it in the King's Bench

Of the Plea and Pleadings.

A General Plea, what

96, 97

98

A

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Non eft factum on a Bond in the King's Bench

ib.

Ditto in the Common Pleas

Ditto by an Executor, &c.

Nil debet in the King's Bench

in the Common Pleas

Ditto in the Common Pleas

in Quitam,&c. in the King's Bench 102

Non detinet in Debt in the King's Bench

Ditto in the Common Pleas

Ditto in Cafe in both Courts

Nil debet nec detinet in both

Non fregit Conventionem for either
Non Affumpfit in the King's Bench

in the Common Pleas

ib.

IOI

ib.

ib.

ib.

ib.

103

ib.

ib.

ib.

104

ib.

Ditto by an Executor for either

ib.

Not guilty in Case in the King's Bench in the Common Pleas

ib.

105

in Trefpafs in the King's Bench
in Trefpafs in the Common Pleas
in Trefpafs and Affault for either

The common Replication to these

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Anciently reduced to a general and concife

The apt and formal Beginnings and Conclufions

of them

ib.

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Special Pleadings, how divided

Double Pleas, not anciently allowed Page 109

why

allowed by 4 & 5 Q. Ann.

ib.

ib.

Sir Matthew Hale's Remarks on the Length of Special Pleadings in his Time

"Lord Coke's Obfervations thereon

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Of the Length and Intricacy of Special Pleadings as now in Ufe

Df an Iue.

112, &r.

An Ifjue of two Kinds, in Law and in Fact 115 in Law, what

in Fait or Fact, what

ib.

ib.

Of making up an Iffue in the King's Bench 116

Of the Memorandum, fee Note

It's Significancy

Pledges omitted, why

117

ib.

ib.

Notes thereon

ib.

Notes on the Awards of the Venire

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Examples of varying the Memorandum

The Dies datus, what

Of the Entry of an Imparlance, when of a fubfequent Term

The Inconveniences of it

122

123

Of making up an Iffue in the Common

As anciently done

The prefent Method
Example thereof

Pleas.

124

ib.

125.

The Dies datus, as ufed in the King's Bench, not used in the Common Pleas; why 126 Of the Difference in the Award of the Venire ib. No Record of Nifi prius until, &c. 127, 134

Of

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