tion in debt [Similiter to replication concluding to the country, as ante, 706. on AWARDS. Commencement of rejoinder to special replication, as ante, 706.]- To replicaBecause he saith that the inhabitants and parishioners of the said on bastardy parish were not, nor were any or either of them forced or obliged bond, shewing damage, to expend the said sum of £, or any part thereof, for, in, or non damnifi about the procuring necessary food or nourishment for the said child, catus (•). nor were the said inhabitants or parishioners, or any or either of [*713] them, damnified by reason or on account of the maintenance or bringing up of the said child, 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. bond condi counting, [Commencement as ante, 706.]-Because he saith that the said To a replicaE. F. after the making of the said writing obligatory, and after tion to a he had received the said monies in the said replication mentioned, tioned for and before the exhibiting of the said bill, to wit, on, &c. at, &c. E. F. acaforesaid, well and truly accounted for and paid the same sums of money received by him the said E. F. as aforesaid, And this he the said C. D. is ready to verify, wherefore he prays judgment if the said A. B. ought to have or maintain his aforesaid action thereof against him, &c. did account, &c. (p). *REPLICATIONS IN REPLEVIN. In the K. B. (or "C. P.”) C. D. ats. Term, 51 Geo. 3. And the said C. D. as to the said plea in bar of the said A. B. IN GENERAL. A. B. by him first above pleaded, and which he hath prayed may be Similiter, to inquired of by the country, doth the like. C. D. plea in bar, concluding to the country. said Commencesaith ment of a replication in replevin. (0) See the replication, ante, 670. and the precedents of rejoinders, 7 Wentw. Ind. 615.-5 Wentw. 531. If the defendant has pleaded non damnificatus, he cannot afterwards rejoin that the parishioners were damnified of their own wrong, for that would be (p) See the replication, ante, 671, IN GENERAL. alleged, ought not to be barred from avowing (or “ acknowledging") the taking of the said cattle, goods, and chattels in the said declaration mentioned in the said place, in which, &c. and justly, &c. because he saith, that, &c. (or if the replication mérely re-assert matter alleged in the avowry or cognizance, say, because “as before" he saith, &c. Here state the subject matter of the replication, and if it be merely in denial of the plea in bar, conclude to the Conclusion country as follows:) And of this he the said C. D. puts himself upon the country, &c. to the coun try. Conclusion with a verifi And this he the said C. D. is ready to verify, wherefore as becation (a). fore he prays judgment, and a return of the said cattle, goods, and chattels, together with his damages, &c. according to the form of the statute in such case made and provided, to be adjudged to him, &c. To plea in bar of a ten [*715] And the said C. D. as to the plea in bar of the said A. B. as to the said sum of £, residue of the said rent in the *said avowry der, denial of mentioned, saith that he the said C. D. by reason of any thing by tender (b). the said A. B. therein alleged, ought not to be barred from avowing (or " acknowledging") the taking of the said cattle, goods, and chattels, in the said declaration mentioned, in the said place, in which, &c. and justly, &c. because he saith that the said A. B. did not tender or offer to pay to him the said C. D. the said sum of £—, of the rent aforesaid, in manner and form as the said A. B. hath above in his said plea in bar alleged; and of this he the said C. D. puts himself upon the country, &c. To a plea in bar of a tender to a cog nizance for rent, a sub sequent demand (c). [Commencement as in the last precedent.]-Because he saith that after the said, &c. (the day when the rent became due, as stated in the avowry,) and after the said supposed tender in that plea mentioned, and before the taking of the said goods and chattels in the said place, in which, &c. to wit, on, &c. aforesaid, at, &c. aforesaid, the said E. F. demanded of the said A. B. the said sum of £—, the residue of the said rent, and required him to pay the same to the said E. F. which the said A. B. then and there wholly neglected and refused to do; wherefore the said C. D. as the bailiff of the said E. F. well acknowledges the taking of the said goods and (a). As to this conclusion, see ante, 557, 8. (c) See the plea in bar, ante, 681; and as to replications of a subsequent (b) See the plea in bar and notes, demand, ante, 649. ante, 681. &c. chattels in the said place in which, &c. and justly, &c. for and in FOR RENT, the name of a distress for the said rent so due, in arrear, and unpaid to the said E. F. as aforesaid; and the said rent still remains so due and unpaid in manner and form as the said C. D. hath above alleged. And this, &c.-[Conclude with a verification, as ante, 714. as TO DAMAGE FEASANT. mise from the defend [Precludi non, as ante, 714.]-Because he saith that he the said C. D. after the making of the said demise in the said plea in bar To a plea in mentioned, and whilst the said A. B. was possessed of the said bar of a deplace, in which, &c. under and by virtue of the said demise, tenant thereof to the said C. D. and half a year before the of to wit, on, &c. at, &c. gave due notice to, then and there required the said A. B. to quit and deliver up the to quit (d)." possession of the said demised premises, with the appurtenances, [*716] A. D. day of - —, A. D. day ant to the and plaintiff, stating a notice unto him the said C. D. on the said [Precludi non, as ante, 714.]-Because he saith that he the said To a plea in C. D. and all other the tenants and occupiers of the said close in bar of defect which, &c. for the time being, from time whereof the memory man is not to the contrary, have not repaired and amended, nor obligation to have been used and accustomed to repair and amend, nor of right repair (e). of fences, de of nial of defendant's to the country, 1 Saund. 103. The TO DAMAGE TEASANT. [*717] The like denial of defect of fences. To a plea in bar to an avowry damage-fea a right of ought to have repaired and amended, nor ought the said C. D. before or at the said several times, when, &c. of right to have repaired and amended, nor still of right ought to repair and amend the said hedge and fence between the said close of the said C. D. and the said close in which, &c. when and as often as occasion hath required, to prevent cattle feeding and depasturing or being in the said close of the said C. D. *from erring or escaping thereout, through the defects and insufficiency of the said hedge and fence, into the said close in which, &c. and doing damage there in manner and form as the said A. B. hath above in his said plea in bar in that behalf alleged. And of this he the said C. D. puts himself upon the country, &c. [Precludi non, as ante, 714.]-Because he saith that the said hedge and fence in the said plea in bar mentioned, before or at the said time when, &c. were not ruinous, prostrate, or fallen down for want of needful or necessary making, repairing, or amending thereof in manner and form as the said A. B. hath above in his said plea in bar in that behalf alleged. And of this he the said C. D. puts himself upon the country, &c. [Precludi non, as ante, 714.]-Because he saith that the said A. B. and all those whose estate, &c. (here deny the right of common as stated in the plea in bar to the end of the words, "as to the said' messuage and land with the appurtenances belonging and appertaining," and conclude as follows:) in manner and form as the said C. D. hath above in his said plea in bar in that behalf ing the right alleged. And this he the said C. D. prays may be inquired of by of common the country, &c. common over locus in quo, travers (f). (f) See the plea in bar, ante, 687. verification, see 2 Saund. 322. but this is unnecessary and improper, see ante, 699. *REJOINDERS IN TRESPASS. In the K. B. (or "C. P." or " Exchequer.") C. D. ats. A. B. Term, 51 Geo. S. [*718] And the said C. D. as to the said replication of the said IN GENERAL, A. B. to the said second plea of him the said C. D. and which S 1. Similiter, the said A. B. hath prayed may be inquired of by the country, doth tion, conto replicathe like. cluding to the country. a verifica tion. And the said C. D. as to the said replication of the said A. B. 2. Rejoinder to the said third plea of him the said C. D. saith that the said tion, cons to a replicaA. B. ought not by reason of any thing by him in that replication cluding with above alleged to have or maintain his aforesaid action against him the said C. D. in respect of the said supposed trespasses in the introductory part of the said third plea and in the said declaration mentioned, because he saith, that, &c. (Here state the subject matter of the rejoinder, and the conclusion to the country will be as follows:) And of this he the said C. D. puts himself upon the coun- sion to the try, &c. 3. Conclu country. verification. And this he the said C. D. is ready to verify, wherefore as before 4. Concluhe prays judgment if the said A. B. ought to have or maintain his sion with a aforesaid action thereof against him the said C. D. in respect of the said supposed trespasses in the introductory part of the said third plea and in the said declaration mentioned, &c. PERTY. [*719] [Actio non, ut supra.]-Because he saith that he the said C. D. TO REAl proafter the making of the said demise, &c. (state the notice to quit, To a replicaand the determination of the tenancy, precisely as in the prece- tion of a dedent, ante, 715, 6, to the asterisk, saying, "before either of the mise to the plaintiff, a said times when, &c." instead of "the said time when, &c." and notice to then proceed as follows:) *and thereupon he the said C. D. after quit. the said tenancy was so ended and determined as aforesaid, to wit, at the said several times when, &c. entered into the said dwelling-house in which, &c. and committed the said supposed trespasses in the introductory part of the said second plea mentioned, as he lawfully might, for the cause aforesaid, to wit, at, &c. aforesaid. And this, &c.-[Conclude with a verification, as ante, 718.] And the said C. D. as to the said replication of the said A. B. to Rejoinder the said second plea of him the said C. D., as before, saith that he VOL. II. 3 Ꮓ re-asserting right of com |