Set-off On a bill in dorsed by tofore, to wit, on the day and year last aforesaid, at, &c. afore- [Commencement and conclusion of plea, or notice of set-off, as plaintiff to de- ante, 440 to 442.] And also in the further sum of -. of like lawful money, upon and by virtue of a certain other bill of fendant.(b) * 447 On a promisSory note made by plaintiff. (6). here exchange, bearing date the day of —, A. D. *[Commencement and conclusion of plea, or notice of set-off, as ante, 440 to 442.] And also in the further sum of —/. of like lawful money, upon and by virtue of a certain promissory note in writing, bearing date the day of, A. D., heretofore, to wit, on the day and year last aforesaid, at, &c. aforesaid, made by the said A B, and whereby he the said A B then and there promised to pay, two months after the date thereof, to the said CD or his order, the sum of . for value received. (b) Ante, 445. n. (†). (b) Ante, 446. n. (b). 2 Drt ཏུ སཊྛསྶ - sory note inplaintiff to de fendant.(5) [Commencement and conclusion of plea, or notice of set-off, as Set-off". ante, 440 to 442.] And also for the further sum of 7. of On a promis. like lawful money, upon and by virtue of a certain promissory dorsed by note in writing, bearing date the day of, A. D. heretofore, to wit, on the day and year last aforesaid, at, &c. aforesaid, made by one E F, and whereby he the said E F then and there promised to pay, two months after the date thereof, to the said A Bor his order, the sum of -7. for value received, and which said promissory note, he the said AB, afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, indorsed and delivered to the said CD, and which said promissory note, when the same became due and payable, according to the tenor and effect thereof, to wit, on, &c. at, &c. aforesaid, was presented and shewn to the said E F for payment thereof, but the said E F then and there neglected and refused to pay the said sum of money in the said promissory note specified, whereof the said A B, afterwards, to wit, on the day and year last aforesaid, at, &c. aforesaid, had notice. * 448 Work and la bour, and ma [Commencement and conclusion of plea, or notice of set-off, as For use and ante, 440 to 442.] For the use and occupation of a certain occupation. (c) dwelling-house, buildings and land, with the appurtenances of the said C D by the said A B, and at his *special instance and request, and by the sufferance and permission of the said C D for a long time then elapsed, had held, used, occupied, possessed and enjoyed; and also for the work and labour, care, diligence and attendance of the said CD, by him the said C D, and his servants, before that time done, performed and bestowed, in and about the business of the said A B, and for the said A B, and at his request, and for divers materials and other necessary things by the said CD before that time found and provided, and used and applied in and about the said work and labour for the said A B at his like request; and also for divers goods, Goods sold. wares and merchandises, sold and delivered by the said CD terials. to the said A B at his like request; and for money by the said Moneycourts and interest, CD before that time lent and advanced to, and paid, laid out and stated. account (b) Ante, 446. n. (b). ante, p. 8. If the rent be due on a (c) See the form ir a declaration, lease, the form must be as ante, 414. By executors, executor of the last will and testament of the said E F, deceaEsc. * 451 anques admi sed, nor ever administered(i) any of the goods and chattels which were of the said E F, deceased, at the time of his death as executor of the last will and testament of the said E F, deceased, in manner and form as the said A B hath above in his said declaration in that *behalf alleged. And this, &c. [conclude with a verification,(k) as ante, 422. sixth precedent.] Defendant ne [First, general issue. Second, actio non, as ante, 421. third nistrator.(1) precedent.] Because he says that he is not, nor ever hath been administrator of the goods or chattels, rights or credits, which were of the said E F, deceased, in manner and form as the said A B hath above, in his said declaration in that behalf alleged. And this, &c. [conclude with a verification, as ante, 422. sixth precedent. Plene administravit.(m) First, general issue,(n) as ante, 423. Second, actio non, as ante, 421. third precedent.] Because he says, that he hath fully administered all and singular the goods and chattels which were of the said E F, deceased, at the time of his death, and which have ever come to the hands of him the said C D, as executor, (or "as administrator,") as aforesaid, to be ad issue, and with plene administravit, (i) This seems proper, because a (k) It is usual to conclude this plea with a verification. It should seem, however, that as the subject matter of it is a denial of an allegation in the declaration, it might conclude to the country. (1) See the notes to the last precedent. This is a good plea in bar. Com. Dig. Pleader, 2 D. 13. And as a person cannot be sued as administra tor de son tort, it is not necessary in this plea, to aver that the defendant never administered, 6 T. R. 551. (m) If the defendant have any assets in hand, he should plead plene administravit præter as in the precedent, post, 452. (n) If it be apprehended that the plaintiff will not deny the plea of plene administravit, but will take judgment of assets, quando acciderint, it is advisable, in order to avoid the costs of withdrawing the plea of general issue, not to plead it, funless there be some sufficient ground on which the plaintiff's demand may be disputed, 2 Bl. Rep. 1275. I Saund. 336. b. cea ttels eath &c. ministered, to wit, at, &c. aforesaid, and that he the said C D By executorÝÝ * 452 *[Actio non, as ante, 421. first precedent,] except as to the Plene administravit præ sum of 1.(p) because he says, that the said CD hath fully ter.(0) administered all and singular the goods and chattels which were of the said E F deceased, at the time of his death, and which have ever come to the hands of him the said CD to be administered, except goods and chattels of the value ofl. for except the said sum ofl.) to wit, at, &c. aforesaid, and that he the said C D hath not, nor on the day of exhibiting the bill of the said A B in this behalf, (or if in C. P. or by ori ginal," at the time of the commencement of this suit,") or at any time since, had any goods or chattels which were of the said E F deceased, at the time of his death, in his hands to be administered, except the said goods and chattels of the value aforesaid; (or of the said sum of .)() and this he the said CD is ready to verify; wherefore he prays judgment if the said A B ought to have or maintain his aforesaid action thereof against him the said C D, except as to the said sum of l. &c. (0) See the precedents, Rast. Ent. necessary, for the assets confessed By executors, Plea of retain- On a bond. the [First, general issue, as ante, 423. 2dly. plene administravit, as ante, 451. 3dly. actio non, as ante, 421. third precedent.] Because he says, that the said E F in his life-time, *to wit, on day of A. D.- ————, at, &c. aforesaid, by his certain writing obligatory, sealed with his seal, and now shewn to the court here, the date whereof is the day and year last aforesaid, acknowledged himself to be held and firmly bound unto the said CD in the sum of 1. of lawful money of Great Britain, to be paid to him the said CD, when he the said E F in his life-time should be thereunto afterwards requested, with a condition thereunder written, that if, &c. (here set out the condition,(r) which said writing obligatory was so made as aforesaid, for securing the payment of a just debt,(s) and at the time of the death of the said E F, was and still is in full force and effect, nor in the least reversed, satisfied, or otherwise vacated, and before and at the time of the commencement of this suit, a large sum of money, to wit, the sum of. payable to the said CD, under and by virtue of the said writing obligatory, for principal and interest, was On a simple and still is unpaid and unsatisfied to the said CD.(t) And the said CD further saith, that the said E F, in his life-time, and at the time of his death, was justly and truly indebted to the said CD, in a large sum of money, to wit, the sum of —. of like lawful money, for, &e. (here state the particulars of the set-off on simple contract, as ante, 442 to 448.) and which said last-mentioned sum of money still remains wholly in arrear, Defendant ap- unpaid and unsatisfied to the said C D. And the said CD pointed exe- further saith, that the said E F in his life-time, to wit, on, &c. at, &c. aforesaid, duly made and published his last will and contract debt. cutor, &e. (9) See the precedents, 1 Saund. 333. 3 Wentw. 219. 244. id. Index, 26 to 33. A retainer may be pleaded or given in evidence under the plea of plene administravit, 1 Brownl. 75. 3 Burr. 1380-1385. 2 Bl. Rep. 965. Co. Lit. 283. a. But it is in general advisable to plead it, in order to compel the plaintiff, by his replication, to admit either the retainer, or the insufficiency of the assets. (1) When it is proper to state the condition of the bond in the plea, see 1 Saund 333. n. 7. 5 T. R. 309. (s) In pleading a retainer on a bond debt, it is not necessary to aver that the bond was given for a just and frue debt, 6 T. R. 550. 1 Saund. 330. n. 4. 333. n. 6. \ (t) It seems proper in all cases to shew how much is due on the bonds 5 T. R. 309. 1 Saund 333. n. 7. |