IN GENERAL. And this he the said C. D. is ready to verify, wherefore he prays 4thly. Con- judgment if the said A. B. ought to have or maintain his aforesaid a verification, action thereof against him the said C. D. &c. clusion with TO INFANCY. [*707] tion to a plea of infancy that goods, &c. were necessaries, that they were not necessaries. REJOINDERS IN ASSUMPSIT. [Actio non, ut supra.]-Because he saith that the said meat, drink, To a replica washing, lodging, and other supposed necessaries, *in the said first and second counts of the said declaration respectively mentioned to have been found and provided by the said A. B. for the said C. D. and the said goods, wares and merchandize, in the said third and fourth counts of the said declaration respectively mentioned to have been sold and delivered by the said A. B. to the said C. D. were not necessary or suitable to the degree, estate, and condition of him the said C. D. and that the said money in the said sixth count of the said declaration mentioned to have been paid, laid out, and expended by the said A. B. to and for the use and on the account of the said C. D. was not so paid, laid out, and expended by the said A. B. in and about the purchase of such necessaries, in manner and form as the said A. B. hath above in his said replication to the said second plea of him the said C. D. in that behalf alleged; and of this he the said C. D. puts himself upon the country, &c. To a replica [Actio non, as ante, 706.]-Because he saith that he the said C. D. tion to a plea did not after he attained the age of twenty-one years, and before the of infancy, that defend- commencement of this suit, assent to, ratify or confirm the said seveant when he ral promises and undertakings in the said declaration mentioned, or any or either of them, in manner and form as the said A. B. hath above in his said replication in that behalf alleged; and of this he the said C. D. puts himself upon the country, &c. came of age confirmed the promises, that he did not confirm them (b)! TO TENDER. [Actio non, as ante, 706.]-Because he saith that though true it is To a replica- that he the said C. D. did make such promise and undertaking as tion of a la- to the said sum of £- -, parcel, &c. before the exhibiting of the the tender, said bill of the said A. B. as in and by the said bill is alleged, yet the that plaintiff said C. D. in fact saith that he the said C. D. did not at any time titat before had no cause parcel, &c. in of action at before the issuing of the said writ of latitat as aforesaid, promise and the time of undertake to pay the said A. B. the said sum of £issuing the writ (c). (b) As to this rejoinder and the evi- 7. and see the precedent and law, 1 dence, 1 T. R. 648. Wils. 142.-2 Burr. 952. (c) See the replications, ante, 646, manner and form as the said A. B. hath above in his said replication TO TENDER. in that behalf alleged; and of *this he the said C. D. puts himself upon the country, &c. [*708] tion of a lati when it was [Actio non, as ante, 706.]-Because he saith that by the course To replicaand custom of the said court of our said lord the king here, a writ of tat stating latitat, sued out after the end of any term, is supposed to have issued the time out of the said court here within the term next preceding. And the really issued said C. D. further saith that the said writ of latitat in the said repli- and tender cation mentioned, was really and truly sued out of the said court time (d). here by the said A. B. after the 28th day of November in the said replication mentioned, (being the last day of Michaelmas term, in the said year of our said lord the king,) that is to say, on the 8th day of December in that year, and on the day and year last aforesaid was signed, according to the form of the statute in such case made and provided *, and that the said C. D. before the said writ of latitat was so really and truly sued out of the said court as aforesaid, to wit, on the said day of, at, &c. aforesaid, did tender and offer to pay the said sum of £, parcel, &c. to the said A. B. in manner and forin as he the said C. D. hath in his said second plea in that behalf alleged. And this, &c.-[Conclude with a verification, as ante, 706.] before that process out and tender [Actio non, as ante, 706.]-Because he saith that by the course The like of and practice of this court, a bill exhibited in the same court by any of the Experson as debtor of our lord the king, after the commencement of chequer, any term and before the end thereof may, when the process upon at a prior which the same is founded is returnable in the same term, be stated hour of the day. and alleged to have been exhibited at any time in such term after the cause of action, upon which such bill is founded, is therein stated to have accrued, although in truth and in fact such bill was not exhibited at the time at which it was so stated and alleged to have been exhibited, but at a prior or subsequent time, and the said C. D. saith, that although *the said declaration is intituled generally of this term, and although it is stated and alleged in the introductory part thereof, that the said A. B. came as a debtor before the barons of this Exchequer, on, &c. in this same term, and complained by his bill against the said C. D. as present in court the same day. Yet the said C.D. saith that the said bill was really and in truth exhibited by [*709] (d) See the replication, ante, 646, Bos. and Pul. 543.-2 Bos. and Pul. 7. and the precedent, 2 Burr. 952. A 235. TO TENDER. the said A. B. against the said C. D. after the said To replication to plea of tender of a prior demand, no such demand. To replica of tender of a subsequent day of — that is to say, on, &c. in this same term and not before. And the said C. D. further says that the said A. B. commenced this action, and sued out of the said court here a certain writ of our said lord the king, called a subpoena ad respondendum, being the first process in this action against the said C. D. to compel his appearance herein after the hour of ten o'clock on the day of, in this same term, and that before the said commencement of this suit, and before the exhibiting of the said bill, to wit, at the hour of nine o'clock on the at, &c. aforesaid, he the said C. D. was ready and willing, and then and there tendered, and offered to pay to the said A. B. the said sum of £- -, parcel, &c. in manner and form as he the said C. D. hath above in his said second plea in that behalf alleged. And this, &c.-[Conclude with a verification, as ante, 706.] day of [Actio non, as ante, 706.]-Because he saith, that the said A. B. did not, after the time when the said supposed causes of action, in the said declaration mentioned, accrued, and before the said C. D. tendered and offered to pay the said sum of £- -, parcel, &c. as he the said C. D. hath in his said plea in that behalf alleged, demand the said sum of £- parcel, &c. of and from the said C. D. or request him to pay the same, or any part thereof, in manner and form as the said A. B. hath above in his said replication in that behalf alleged; and of this he the said C. D. puts himself upon the country, &c. [Actio non, as ante, 706.]-Because he saith that the said A. B. tion to plea did not, after the making of the said tender in the said last plea mentioned, and before the exhibiting of the said bill, demand of or demand, no request the said C. D. to pay to him the said A. B. the said sum of - -, parcel, &c. in the said plea mentioned, in manner and form as the said A. B. hath above in his said replication in that behalf alleged. And of this he the said C. D. puts himself upon the country, &c. such demand (e). TO RELEASE. [Actio non, as ante, 706.]-Because he saith that the said deed of Rejoinder release in the said second plea mentioned, was had and obtained lease was ob- fairly, and not by the fraud or covin of the said C. D. in manner and that the re (e) See the replication, ante, 649. 3 Wentw. Index. As to the law, see and the precedents, 3 Wentw. 181.- 1 Esp. Rep. 116. tained fairly form as the said A. B. hath above in his said replication in that be- TO RELEASE. half alleged; and of this he the said C. D. puts himself upon the country, &c. (f). OF tion did not [Actio non, as ante, 706.]—Because he saith, that the said several TO STATUTE supposed causes of action in the said declaration mentioned, did not, LIMITATIONS. nor did any or either of them accrue to the said A. B. within six Rejoinder years next before the issuing of the said precept (or "writ") in the that the acsaid replication to the said second plea mentioned, in manner and accrue withform as the said A. B. hath above in his said replication in that in six years of issuing the behalf alleged; and of this he the said C. D. puts himself upon the writ (g). country, &c. [Same as the precedent, ante, 708, to the asterisk, and then proceed To replication of a laas follows:-] And the said C. D. further saith that he did not pro-titat, shewmise or undertake, in manner and form as the said A. B. hath above ing the time when it was thereof complained against him, at any time within six years next issued, and before the said writ was so really and in truth issued as aforesaid. non assumpAnd this, &e. [Conclude with a verification, as ante, 658.] sit infra sex annos of that time (h). [Actio non, as ante, 706.]—Because he saith that the said writ in Traverse of the said replication mentioned, was issued by the said A. B. with the intent of [*711] intent to attach him the said C. D. by pledges, and then to enter and issuing the record his appearance in the said court here, and upon writ (i). such appearance so recorded and entered according to the custom of the said court here, to declare against him the said C. D. in a certain plea of debt upon demand for the sum of £. Without this, that the said original writ was issued with intent that the said A. B. upon the appearance of the said C. D. should declare against him the said A. B. in manner and form as he the said A. B. hath above alleged. And this, &c. [Conclude with a verification, as ante, 706.] tion that de [Actio non, as ante, 706.]-Because he saith that the said A. B. To replicadid not exhibit his said bill against him the said C. D. within six fendant was years next after his the said C. D.'s first return into this kingdom beyond sea, from beyond the seas after the accruing of the said several causes of plaintiff did &c. that not exhibit (ƒ) See the replication, ante, 652. and 3 Wentw. Ind. x11. and XIII. (g) See the replication, ante, 655. and the precedents, 3 Wentw. Ind. XX. &c. and the precedent and law, 2 Burr. (i) See the precedent, 1 Lutw. 100. (h) See the replication, ante, 655. 300. To statute. action unto the said A. B. in manner and form as the said A. B. hath LIMITACIONS. his bill within above in his said replication in that behalf alleged. And of this he six years of the said C. D. puts himself upon the country, &c. defendant's first return (k). [Actio non, as ante, 706.]—Because he saith that no goods or chatAGAINST EXE-tels of the said E. F. deceased, at the time of his death, have, since CUTORS, &c. the exhibiting of the bill of the said A. B. against him the said C. D. To replica come to hand tion that as- in this behalf come to or been in the hands of him the said C. D. as sets had administrator as aforesaid to be administered, in manner and form since the ex- as the said A. B. hath in his said replication in that behalf alleged. hibiting the And of this he the said C. D. puts himself upon the country, &c. bill, denying the fact (1). To replication that the were obtain [Actio non, as ante, 706.]-Because he saith that the said judg judgments ment in the said first plea of him the said C. D. first mentioned, was [*712] had and obtained for a true and just *debt, really and truly due and against the defendants owing to the said E. F. and not by the fraud or covin of him the said C. D. or with his intent to defraud the said A. B. of his said debt, in manner and form as he the said A. B. hath above in his said replication in that behalf alleged; and the said C. D. further saith, that the said judgment in the said first plea of him the said C. D. secondly mentioned, was, &c. (similar denial to each judgment) and of this he the said C. D. puts himself upon the country, &c. ed by fraud, denying the fraud (m). ON AWARDS. REJOINDERS IN DEBT. [Similiter to the replication concluding to the country, as ante, To replica- 706.]-And the said C. D. as to the said replication of the said tion stating an award, de- A. B. to the said second plea of him the said C. D. saith that the nying the said A. B. by reason of any thing by him in that replication alleged, award (n). ought not to have or maintain his aforesaid action thereof against him the said C. D. because he says that the said E. F. and G. H. did not make any such award of or concerning the said premises, in manner and form as the said A. B. hath above in his said replication alleged. And of this he the said A. B. puts himself upon the country, &c. (k) See the replication, ante, 656. (1) See the replication, ante, 659. XXVI. &c. 1 Saund. 103. in the notes, and 334, note 9. (n) See the replication and the law, ante, 668. 11 East. 188. |