BY BILL. our said lord the king, and to the damage of the said John Doe of L.50, and therefore he brings his suit, &c. Notice to appear. [⚫ 450] The like in the Notice to appear thereto. On a vacant possession (e). [* 451] Notice to appear thereto. [The notice to appear is to be precisely as ante, 444, omitting the words "wheresoever, Sc." and saying “in his Majesty's Court of King's Bench, at Westminster."] *In the Exchequer. Trinity Term, 51 Geo. S. (to wit.) John Doe, a debtor to our sovereign lord the now king, cometh before the barons of his Majesty's Exchequer, at Westminster, on- the day of, [the last day of the term preceding the time of service of the ejectment,] in this same term by ——, his attorney, and complains by bill against Richard Roe, present here in court, the same day, of a plea of trespass and ejectment of farm. For that whereas, &c. [as in the last precedent, concluding as follows:] to the damage of the said John Doe of L.50, whereby he is the less able to satisfy our said lord the king the debts which he owes to his Majesty at his said Exchequer, and therefore he brings his suit, &c. Pledges, &c. [The notice to appear is to be precisely as ante, 444, with the excefition of the words, "in the Office of Pleas of his Majesty's Court of Exchequer, at Westminster."] The declaration in ejectment on a vacant possession is the same as in other cases [see the precedents, ante, 441 to 451,] except that the plaintiff and defendant, as well as the lessor of the plaintiff, are in this case the real parties; as for instance, A. B. the lessee of the premises should be the plaintiff, in lieu of John Doe, C. D. (a real ejector) the defendant in lieu of Richard Roe, and E. F. (the party entitled to possession,) the lessor of the plaintiff, and instead of the common notice at the end, substitute the following:*Mr. term, (or if in London or term,") at the suit of the above Take notice, that unless you appear in his Majesty's Court of King's Bench, at Westminster, in Middlesex" the first day of next named plaintiff A. B. and plead to this declaration in ejectment, judgment will be thereupon entered against you by default. Dated, &c. To Mr. G. H. (the last occupier.) (d) Most of the notes to the precedent, ante, 441 to 444, are also here applicable. Yours, &c. J. K. Plaintiff's attorney. (e) Impey's Practice, 6th. edit. 572. -7th. edit. 627. *IMPARLANCES. [⚫ 452] In the King's Bench. C. D. ats. (a) Term, 51 Geo. 3. next after GENERAL IM- in Common imparlance by bill (b). And now at this day, that is to say, on A. B. this same term, until which day the said C. D. had leave to imparl to the said bill, and then to answer the same, before our said lord the king at Westminster, come as well the said A. B. by his attorney aforesaid, as the said C. D. by E. F. his attorney, and the said C. D. defends the wrong and injury, when, &c. and says that the said A. B. ought not further (b) to have or maintain his aforesaid action thereof against him, because he says, &c. [State the subject matter of defence.] In the King's Bench, (or C. P.) C. D. (c) Term, 51 Geo. 3. ats. And the said C. D. by E. F. his attorney, comes and defends The like by original. A. B. the wrong and injury, when, &c. and prays a day thereupon to imparl to the said declaration of the said A. B. and it is granted to him, &c. And upon this a day is given to the parties aforesaid, before our lord the king, until (d), wheresoever, &c. that is to say, for the said C. D. to imparl to the declaration aforesaid, and then to answer the same; at which day, before our said lord the king at Westminster, come the parties aforesaid, by their attorneys aforesaid, and the said C. D. says, &c. [to the end of the plea.] *In the King's Bench. C. D. & E. F. [⚫ 453] Term, 51 Geo. 3. And the said C. D. and E. F. by G. H. their attorney, General imcome and defend the wrong and injury, when, &c. and pray leave to imparl to the said declaration, until parlance and suggestion of next after the death of ——, [or by original,“ until -✈, wheresoever, c."] and it is one of the de plea. fendants, begranted to them, &c.; the same day is given to the said A. B. at the tween declasame place; at which day before our said lord the king at Westmin- ration and ster, come as well the said A. B by his attorney aforesaid, as the said C. D. by his attorney aforesaid, and the said E. F. cometh not. And hereupon the said C. D. gives the court here to understand and be informed, that after the last continuance of the plea aforesaid, and before (a) The term after that of which with this imparlance. 4 East. 502. the declaration is intituled. 6 East. 413. 3 Lev. 120. (c) The term after that of which 2 U GENERAL IM- this day, to wit, on PARLANCES. -, at, &c. aforesaid, the said E. F. died, and the said C. D. survived him, which allegation the said A. B. doth not deny, but admits the same to be true, therefore let all further proceedings in this cause against the said E. F. be stayed. And the said C. D. saith, [Here state the subject matter of the plea of the surviving defendant.] SPECIAL IM. In the King's Bench. PARLANCES. Special imparlance by bill (f).. [454] C. D. ats (e) Term, 51 Geo. 3. And the said C. D. (or if misnomer be pleaded, say “ and C. D. A. B. who is sued by the name of E. D.") in his proper person, comes and saving to himself all advantages and exceptions to the said bill, prays leave to imparl thereto, and it is granted to him, &c. And thereupon a day is thereof given to the parties aforesaid before our lord the king at Westminster, until next after ———, to wit, to the said C. D. to imparl to the bill aforesaid, and then to answer the same; at which day, before our said lord the king at Westminster, come as well the said A. B. by E. F. his attorney, as the said C. D. in his proper person, (or " by —, his attorney,") and the said C. D. says, &c. [State the subject matter of the defence.] Special imparlance by original (i). ats. } And now at this day, that is to say, on -(g) Term, 51 Geo. 3. next after A. B. in this same term, until which day the said C. D. saving and In the King's Bench, (or C. P.) C. D. (h) Term, 51 Geo. 3. his And the said C. D. (or if misnomer be pleaded, say “ and C. D. A. B. who is sued by the name of E. D.") in his proper person (e) The term subsequent to the declaration. In some cases it is necessary to state the special imparlance on the plea when it is delivered intitled of a term subsequent to the declaration. 2 Saund. 2. n. 2. (f) See the form, Lib. Plac. 5. pl. 15. and the law, 2 Saund. 2. n. 2.; as to imparlances in general, see ante, Vol. 1. Index, tit. Imparlances. 4 T. (g) Ante, 453. n. e. as to imparlances in general, ante, Vol. 1. Index, tit. Imparlances. (h As to the term, ante, 453. n. e. (i) See the form, Hern. 10. and the law, 2 Saund. 2. n. 2.; as to imparl PARLANCES. comes and saving to himself all advantages and exceptions, as well to SPECIAL IMthe writ as to the declaration aforesaid, prays leave to imparl thereunto, here, until, &c. and it is granted to him, &c.; the same day is given to the said A. B. here, &c.; at which day comes here as well the said A B. by (or by his attorney, as the said C. D. in his proper person his attorney), and the said C. D. says, &c. CIAL IMPAR A general special imparlance differs only from the last three forms, GENERAL SPEin this, that instead of the words in italics, the following are to be inserted," and saving of all advantages and exceptions whatsoever." LANCE (k). *DEFENCES. In the King's Bench, (or " C. P." or "Exchequer.") C. D. ats. Term, 51 Geo. 3. [⚫ 455 ] by attorney. And the said C. D. by - his attorney, comes and de- Defence on A. B. fends the wrong (or in trespass or ejectment" force") and in- appearance jury, when, &c. (a) and says that, &c. (Here state the subject matter of the plea.) C, D. and wife, ats. A. B. And the said C. D. and E. F. his wife, by G. H. their The like by attorney (b), come and defend the wrong and injury, when, &c. and say, that, &c. C. D. ats. busband and wife. And the said C. D. in person (c) comes and defends the The like on A. B. wrong and injury, when, &c. and says, that, &c. appearance by a feme covert. ances in general, ante, Vol. 1. Index, "in his own proper person,”) comes tit. Imparlances. (k) As to when this imparlance is necessary, see 2 Saund. 2. n. 2. c. ante, Vol. 1. Index, tit. Imparlance. (a) The " &c." will imply half defence, in cases where such defence should be made, or full defence where the latter is necessary; and therefore the distinctions between half and full defence are now obsolete. 8 T. R. 633. Willes. 40. 2 Saund. 209. c. According to the old books half defence was as follows: "And the said C. D. by- his attorney, (or, Defence by a C. D. sued by the name of E. D. person sued by a wrong ats. A. B. } And C. D. (d) against whom the said A. B. hath exhibited his said his attorney,)" bill, by the name of E. D. in person, *(or “ by comes and defends the wrong and injury, when, &c. and says, &c. Defence by an C. D. infant (e). ats. A. B. S And the said C. D. by G. H. admitted by the said court here, as guardian of the said C. D. to defend for the said C. D. who is an infant under the age of twenty-one years, comes and defends the wrong and injury, when, &c. and says, &c. [⚫457] Plea to the jurisdiction of an inferior court (a). *PLEAS TO THE JURISDICTION. In the Court of C. D. ats. And the said C. D. in his own proper person comes (6) and A. B. and says that this court ought not to have or take further cognizance of the action aforesaid, because he says that the said supposed causes of action, and each and every of them, (if any such have accrued to the said A. B.) accrued to the said A. B. out of the jurisdiction of this court, that is to say, at —— in the county of (c), and not at or elsewhere within the jurisdiction of this court; and this the said C. D. is ready to verify, wherefore he prays judgment whether this court can or will take further cognizance of the action aforesaid-[There must be an affidavit of the truth, which may be framed as post, 459, 460.] in the county of L (d) Whenever the defendant pleads in a different name to that in which he is sued, whether in abatement, (5 T. R. 487.) or in bar, (3 Wils. 413. 3 Wentw. 210.) the plea must begin as above, and not with the words," And the said C. D." because it is said by introducing the word "said" he would admit himself to be the person sued. Willes. 41. n. c. 2 Saund. 209. b. (e) A person who is an infant at the time of pleading, must plead by gian. 2 Saund. 117. g. n. 1. 212. replications, 1 Went. 51. 60, 61. 69. 78. Lil. Ent. 475. 1 Went. Ind. As to the points relating to these pleas, see ante, 1 Vol. 427 to 434. Bac. Ab. tit. Courts, D. 4. (b) "Defends the wrong and injury," not necessary, Bac. Ab. Pleas, D. Carth. 220. Salk. 217. " When, &c." is improper, ante, 1 Vol. 414. n. j. (c) This is not necessary in a plea to the jurisdiction of an inferior court; it is sufficient to allege that the cause of action accrued out of its jurisdiction, without shewing the jurisdiction to which the plaintiff should (a) See the precedents of pleas and have resorted, 6 East. 600, 1. |