ON LEASES IN GENERAL. Plea under 6 G. 4. c. 16. s. 75. to a declaration in co venant, for rent, &c. that the as declaration, which may perhaps be thus:] the said messuage and tenement, farm-house, and out-houses, thereunto belonging, were not, nor are, nor was, nor is any part thereof ruinous, prostrate, fallen down, or out of repair, in manner and form as the said plaintiff hath above thereof complained against him the said defendant, and of this he the said defendant puts himself upon the country, &c. [Actio non, as ante, 906.]--Because he saith, that, &c. [here set out the defendant's being a trader, the petitioning creditor's debt, the act of bankruptcy, the commission signees of defen- issued, and the defendant's being found a bankrupt, as dant (bankrupt) ante, 913, and leave out, at the commencement of the averaccepted the lease ". ment, as to notice in the Gazette] and the said defendant. further saith, that afterwards, and before the exhibiting of the bill of the said plaintiff, to wit, on, &c. the said defendant remaining and continuing a bankrupt, the said A. B. and C., three of the commissioners named in the said commission, by certain indentures then and there made between the said A. B. and C. of the one part, and C. D. and E. F. of the other part, then and there being creditors of the said defendant, and sealed with the seals of the said A. B. and C. bargained, sold, assigned, and transferred, unto the said C. D. and F. E. [set out the words of the assignment] upon trust, nevertheless, to and for the use and benefit of the said C. D. and E. F. and all other creditors of the said defendant who then had demanded, or who afterwards should in due time come in and demand £- and relief, by virtue of the said commission, and should contribute towards the expence of the same, according to the limitation of the aforesaid statute; and the said defendant further saith, that afterwards, &c. [here state the notice in the Gazette, defendant's surrender and examination, defendant's conformity, as ante, 915,] and the said defendant further saith, that before any part of the said rent in the said declaration mentioned, became due and in arrear, and also before the committing of the said supposed breaches of covenant in the said declara covenant, or that the premises not dilapidated, negativing the breach, as assigned in the declaration. a As to this defence, see the statute and cases collected, Archbold's Bank. Laws, 123. tion assigned, to wit, on, &c. at, &c. (venue) the said C. D. and E. F. so being assignees of the estate and effects of the said defendant, as such bankrupt as aforesaid, accepted the said lease so granted by the said plaintiff to the said defendant, and the benefit therefrom, as part of the said bankrupt's estate and effects, according to the form of the statute in such case made and provided; and the said defendant then and there, and before the committing of either of the said breaches of covenant in the said declaration mentioned, became and was wholly discharged from liability to be in any manner sued in respect or by reason of any subsequent non-observance or non-performance of the condition, covenants, or agreements, in the said lease contained. And this, &c.-[Conclude with a verification, as ante.] ON LEASES IN GENERAL. IN COVENANT. See the pleas to debt on leases, &c. ante, 992 to 994, OTHER pleas which may readily be adapted to the action of covenant, and see the great variety of pleas in covenant on different deeds, indexed in 5 Wentw. Index, cxxvii to cxliv. and Com. Dig. Pleader, vol. ii. 4 to 18. Pleas in covenant so much depend on the particular facts of each case, that it would not be practicable, in a concise collection of Precedents of this nature, to give forms in every case. C. D. ats. [ 1021 ] TENDER. parts. And the said defendant by E. F. his attorney, Tender as to A. B. comes and defends the wrong and injury, when, &c. and as to the said supposed breach of covenant first above assigned, so far as the same relates to £8, (the sum tendered,) parcel of the said sum of £50, in the said declaration mentioned, saith, that the said A. B. ought not to have or maintain his aforesaid action thereof against him, to recover any more or greater damages than the said sum of £8, on occasion of the said supposed breach of covenant in this behalf, because he saith, that after the time when the said sum of £8, parcel, &c. became due and payable from the said defendant, and before the exhibiting of the bill of the said plaintiff against the said defendant in this behalf, [or, if in C.P. or, by original, "before the commencement of this suit,"] A tender may be pleaded in covenant for the payment of money,7Taunt. 486.-1 Moore, 200, S.C.-5 Mod. 18.-1 Lord Raym. 566.-12 Mod. 376.— TENDER. SET-OFF. [ 1022 ] day of A. D. to wit, on the And the said defendant, as to the said supposed breach of covenant first above assigned, [this must be according to the fact, a set-off can only be pleaded to a breach of covenant to pay money,] says, [actio non, as ante, 906, first form.]— Because he saith, that the said plaintiff, before and at the time of the commencement of this suit, was and still is indebted to the said defendant in a large sum of money, to wit, the sum of £- for, &c. [here state the subject-matter of the set-off, as in the forms, ante, 934 to 939], to wit, at, &c. (venue) aforesaid, which said sum of money so due and owing from the said plaintiff to the said defendant exceeds the damages sustained by the said plaintiff on occasion of the said supposed breach of covenant first above assigned as to the said sum of £- and out of which said sum of money so due and owing from the said plaintiff to the said defendant, as aforesaid, he the said defendant is ready and willing, and hereby offers to set off and allow to the said plaintiff so much as will be sufficient to satisfy the damages by him sustained on occasion of the said supposed breach of covenant first above assigned, according to the form of the statute in such case made and provided, &c. And this, &c.-[Conclude with a verification, as ante, 907, sixth form.] IN DETINUE. In the King's Bench (or, "C. P." or, "Exchequer.") C.D.) S Term, Will. 4. non detinet. ats. And the said defendant by E. F. his attorney, General issue, A. B. comes and defends the wrong and injury, when, &c. and saith that he doth not detain the said [goods and chattels] in the said declaration specified, or any or either of them, or any part thereof, in manner and form as the said plaintiff hath above thereof complained against him, and of this he the said defendant puts himself upon the country, &c. [First plea, non detinet.]—And for a further plea in this behalf, the said, &c. by leave, &c. say, that the said, &c. [actio non.]-Because they say that the said, &c. (the bankrupt) was not lawfully possessed of the said indenture, in the said declaration mentioned, or either of them, in manner and form as the said plaintiff hath above, in his said declaration in that behalf alleged, and of this they the said defendants also puts themselves upon the country, &c. And for a further plea in this behalf, as to the detaining the said indenture of lease in the said declaration first mentioned, the said defendants, by like leave of the court, &c. [actio non.]-Because they say, that the said last-mentioned indenture, heretofore, to wit, on the said, &c. aforesaid, at, &c. (venue) aforesaid, was, by and with the privity and consent of the said, &c. made and executed to him the said, &c. in trust for, and to and for the use and benefit of one, &c. since deceased, in her life-time, and that the said, &c. did accordingly, after the execution of such indenture, to wit, on, &c. aforesaid, at, &c. (venue) aforesaid, deliver the said lastmentioned indenture to the said, &c. to be by her had and held, and used and disposed of, to and for her own use and benefit, and in such a way and manner as she should think proper; and the said, &c. further say, that the said lastmentioned indenture remaining and continuing in the cus a See the forms of different pleas in detinue, 7 Wentw.637, 647 to 662; and see ante, vol. i. Index, "Detinue," and Plea, that the person under whom plaintiff claims, was not lawfully possessed of the indentures. Plea, that the indenture was ex ecuted in trust for a third ed to her to dispose of as she might think fit, and was deliver and she pledged it with defendconsideration. ants for valuable IN DETINUE. Plea, that the lessee assigned the indenture to tody and possession of the said, &c. for the purpose aforesaid, she the said, &c. afterwards, and before the commencement of this suit, to wit, on, &c. at, &c. (venue) aforesaid, delivered the said last-mentioned indenture to and deposited and lodged * the same with them the said defendants, to be by them kept as a pledge and security, for and until the payment of all such sum or sums of money as were then due, or might thereafter become due, to them the said defendants, for the goods by them furnished and supplied to the said E. N.; and the said defendants further say, that certain sums of money, amounting in the whole to a large sum of money, to wit, the sum of £- remain and still are wholly due and unpaid to them the said defendants, for goods by them furnished and supplied to the said E. N. to to wit, at Westminster aforesaid, &c. and a great part of which said goods were so furnished and supplied by them the said, &c. after the delivery of the said last-mentioned indenture to them as aforesaid, and upon the faith and security thereof; wherefore the said, &c. detain the said last-mentioned indenture, as they lawfully may for the cause aforesaid, and this they the said, &c. are ready, &c. And for a further plea in this behalf, as to detaining the said inanother person, denture of lease in the said declaration first mentioned, the who pledged it with defendants. said, &c. by like leave, &c. according, &c. says [actio non.] Because they say, that after the making of the said lastmentioned indenture, to wit, on the, &c. aforesaid, at, &c. (venue) aforesaid, the said, &c. for a certain good and valuable consideration in due form of law delivered, assigned, transferred, and set over the said last-mentioned indenture, and all his the said, &c. right and interest therein to the said E. N. and then and there delivered the said last-mentioned indenture to the said E. N.; and the said defendants further say, that the said E. N. in her life-time afterwards, and before the commencement of this suit, to wit, on, &c. aforesaid, &c. at, &c. (venue) aforesaid, delivered the said last-mentioned indenture to, and deposited and lodged the same with them the said defendants, to be by them kept as a pledge and security for and until the payment of all such sum and sums of money as were then due, or might thereafter become due, to them the said, &c. for goods by them furnished and supplied to the said E. N. and this, &c. And the said defendants further say, &c. [same as last plea to the end, leaving out the lines in italics], and a third person to for a further plea as to the detaining of the said indenture Plea, that the lessee delivered the indenture to |