DECLARATIONS IN TRESPASS-(continued.) 1. TO PERSONS-(continued.) for debauching a daughter and servant in trespass, 856 by a master, for the battery of his servant per quod &c. ib. for false imprisonment and compelling plaintiff to go to a police office, 857 II. TO PERSONAL PROPERTY. for chasing sheep, &c. with special damage, 858 for seizing cattle, or other property, as a distress, ih for shooting a dog, &c. 860 trespass for running defendant's cart against plaintiff's horse, and killing it, ib. for running a carriage against plaintiff's with special damage, &c. ib. for seizing plaintiff's cart and horse, &c. 861 for seizing and detaining plaintiff's barge, 862 by master, for impressing mate of ship, whereby ship prevented sailing, ib. for seizing plaintiff's barge, and putting it adrift, 863 III. TO REAL PROPERTY. To Houses. for trespass in dwelling-house, breaking doors, and seizing goods, 863 on stat. 8 Hen. 6. c. 9, for a forcible entry, and detainer, 865 second count, on possession generally, 866 To Land, &c. breaking close grates, and locks, with carts, &c. and special damage, ib. the like, setting out the name of the close, or its abuttals, 868 for cutting down and carrying away trees, 869 for laying wood in close, ib. for digging in coal mine, 870. for digging mines, raising ore, and taking and converting it to his own use, ib. For Mesne Profits. for mesne profits, after recovery in ejectment, 870 For Hunting, &c. for entering with hounds, and killing deer, 873 For Fishing. for fishing in plaintiff's close covered with water, 874 DECLARATIONS IN EJECTMENT. declaration by original in K. B. or C. P. on a single demise, 878 notice to appear on proceedings under 1 Geo. 4. c. the like in another form, ib. 87, ib. 882 declaration in ejectment, on 1 Will. 4. c. 70. s. 76. ib. declaration by original on two demises with one ouster, ib. the like on two demises with two ousters, 883 the like on demises by tenants in common, &c. 885. declaration by bill in K. B. 886 on vacant possession, 888 notice to appear thereto, ib. IMPARLANCES. general imparlance by bill, 889 the like by original, ib. imparlance and suggestion of death of one defendant after declaration, 890 special imparlance by bill, ib. plea of privilege by an attorney of C. P. to an action in K. B. 895 plea of privilege by an attorney of K. B. sued by latitat, ib. the like to an action by original, 898 coverture of the plaintiff, 899 coverture of the defendant, 899 plea that the contracts were made jointly with one another person, 900 non-joinder of a co-obligor in a joint and several bond, 901 misnomer of defendant's christian name in K. B. ib. affidavit of the truth thereof, 902 the like in C. P. ib. misnomer of defendant's surname in K. B. by bill, 903 PLEAS IN BAR IN GENERAL. COMMENCEMENTS AND CONCLUSIONS. 1. commencement of a first plea when special, 906 2. the like, where ground of defence arose after writ issued, ib. 3. commencement of a second or subsequent special plea, ib. 4. the like to a particular count, or particular trespasses, &c. 907 5. conclusion to the country, ib. 6. conclusion with a verification, ib. 7. conclusion with a verification by the record, ib. PLEA IN ABATEMEMT AS TO PART, and in Bar to the REST. plea in C. P. of coverture, in abatement to part, and of general issue and coverture in bar to the rest, 907 PLEAS IN BAP. IN ASSUMPSIT. GENERAL ISSUE AND OTHER PLEAS. general issue non assumpsit, 908 the like by one of several defendants, ib. the like by an executor or administrator, ib. plea that contracts were made by defendants jointly, &c. ib. to a declaration on a guarantee that the person for whom defendant became guarantee was a feme covert, 909 PLEAS IN BAR IN ASSUMPSIT—(continued.) GENERAL ISSUE AND OTHER PLEAS―(continued.) plea confessing causes of action in certain counts, and certain damage thereby sustained, and general issue to residue, 909 statute of frauds on a declaration to a guarantee, ib. to action by indorsee against drawer of a bill, that bill was given to secure performance of an usurious contract between acceptor and third person. 909 infancy of defendant, 909 a coverture of defendant, ib. plaintiff an alien enemy resident here, 910 plaintiff an alien enemy resident abroad, 911 bankruptcy and certificate of defendant under 6 Geo. 4. c. 16, 912 the like where certificate was obtained after commencement of suit, 913 bankruptcy under 6 Geo. 4. c. 16. s. 52, 916 the like, plaintiff's election to come under commission, 917 bankruptcy of plaintiff, 918 insolvent debtors' act, 919. plaintiff's discharge under insolvent act, 7 Geo. 4. c. 56, 921 payment after action brought, ib. n. (b) non-assumpsit except to the sum tendered, and plea of tender, 922 accord and satisfaction by delivery of a pipe of wine, 924 the like of a bond given in satisfaction, 925 account stated, and delivery of defendant's promissory note, 926 that defendant accepted a bill of exchange payable to a third person, 926 judgment recovered in K. B., C. P. or Exchequer, 928 judgment of retraxit in former action, 930 release, ib. the plaintiff signed a composition deed for the debt, 981 SET-OFF, 981 to 939 plea of set-off, 931 general issue and notice of set off, 932 plea of set off to action by executors or administrators, 938 on a judgment, 934 on a recognizance in another court, and on simple contract, 935 for rent due on a lease, 986 on a bond, ih. on a bill accepted by plaintiff, 937 on a bill indorsed by plaintiff to defendant, ib. on a promissory note made by plaintiff, 938 on a promissory note indorsed by the plaintiff to defendant, ib. use and occupation, ib. work and labor and materials, 939 goods sold, ib. money counts, interest and account stated, ib. plea to action for goods sold, that they were sold by plaintiff's factor as a principal, plaintiff being unknown to defendant, and that at the time of the contract the defendant had a set-off against the factor, ib. PLEAS IN BAR IN ASSUMPSIT. STATUTE OF LIMITATIONS. non assumpsit infra sex annos, 939 actio non accrevit infra sex annos, 941 BY AND AGAINST EXECUTORS, &c. general issue that neither defendant nor testator promised, 941 defendant ne unques executor, ib. defendant ne unques administrator, 942 [tion, ib. plaintiff ne unques administrator, after craving oyer of letters of administraplaintiff ne unques administrator, as to cause of action contained in declaration, ib. that defendant and plaintiff were both executors, ib. that promise was made to plaintiff and defendant, who were both executors, 943 plea to an action against an executor, that there were other contracting parties besides the testator, who survived the testator, ib. plene administravit, ib. plene administravit by executor of an executor, 944 plene administravit præter, 945 plea of retainer by an executor, 946 plea on a bond, ib. plea on a simple contract, ib. [ant, 947 judgment against testator, outstanding bonds, and judgments against defend PLEAS IN BAR IN DEBT. GENERAL ISSUES AND PLEAS IN GENERAL. nil debet, 951 nil debet to debt qui tam, ib. non est factum, 952 the like by an executor or administrator, ib non est factum, after craving oyer of bond and condition, 953 the like of an indenture, 954 non est factum, and nil debet to debt on bond and simple contract, joined in same declaration, 954 law wager, or nil debet per legem, ib. for escape from execution against marshal or warden, a recaption, 957 pleas by warden of escape of prisoner in custody on render in discharge of bail, for escape, that prisoner was discharged without plaintiff's consent, 961 plea to (action against warden of Fleet for an escape) that plaintiff licensed prisoner to go at large, ib. PLEAS IN BAR IN DEBT-(continued) ON LEGAL LIABILITIES-(continued.) plea (to declaration on debt against marshal for an escape after debtor had been committed to defendant's custody,) that debtor, after his commitment, petitioned Insolvent Court for his discharge from imprisonment, and was remanded at plaintiff's suit for nine months, at the expiration of which defendant discharged him, 961 a affidavit on, 8 & 9 W. 3. c. 27. s. 6, as to escapes, ib. ON SPECIALTIES. denying deed being in defendant's possession, 962 fraud, deed obtained by, 963 duress, menace to kill, 964 battery, and menace of further battery, ib. battery, and fear of mayhem, ib. duress, of imprisonment, ib. infancy, 965 coverture, 966 usury, ib stock-jobbing, that bond was given for settling differences against provisions in stock-jobbing Act, 968 set-off, 968 b to action on two bonds, set-off on two bonds, 969 bankruptcy of plaintiff, 970 statute of mitations, 970 payment solvit ad diem or post diem, 974, 5 BY HEIRS, EXECUTORS, &c. plene administravit before notice of trial, 971 by administrator at suit of an administrator of judgment recovered, and plene administravit præter, ib. parol demurrer by an infant heir, 973 rien per descent by heir, ib. rien per devise, 974 TO ANNUITY BONDS AND DEEDS. to debt on annuity bond, that no memorial of it whatever was enrolled, 975 to debt on annuity bond, no memorial enrolled, 975 a no memorial containing the names of the witnesses enrolled, ib. payment of the annuity on the days mentioned in the bond, 976 ON ARBITRATION BONDS. no awards made, 977 non-performance by plaintiff of a condition precedent, ib. other pleas to debt on arbitration bonds, &c. 978 TO BAIL BONDS. no process in the original action, 979 sheriff not commanded by latitat to take defendant, as in declaration alleged, ib. no latitat ever issued, ib. no affidavit of cause of action affiled, ib. debt levied by fi, fa, against principal, 988 plea by one of bail, that the bond was for ease and favor, 981 comperuit ad diem, 982 other pleas, ib. |