Df the Defendant's Appearance in the If the Debt 201. Special Bail required Page 56 In Lord Wentworth's Time 10 / fufficient ib. ib. Originally the Defendant appeared in Perfon ib. Why the Filazer, and not the Prothonotary, ib. figns Superfedeas's before Declaration ib. 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, 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 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 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 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 The common Replication to these Anciently reduced to a general and concife The apt and formal Beginnings and Conclufions of them ib. 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 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 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 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 |