the like by an executor or administrator, ib. non est factum, after craving oyer of bond and condition, 953. non est factum, and nil debet to debt on bond and simple contract, joinder in same declaration, 954. set-of to debt on a deed or simple-contract, ib. for escape from execution against marshal or warden, a recaption, 957. for escape, defendant's forcible escape, and his subsequent return, plea that the prisoner escaped twice and voluntarily returned, and was in custody at the time of filing the bill, 958. pleas by warden of escape of prisoner in custody on render in dis- charge of bail, without defendant's knowledge, and a return before for escape, that prisoner was discharged without plaintiff's consent, 961. plea (to action against warden of Fleet for an escape) that plaintiff licensed prisoner to go at large, 961 a. plea (to declaration on debt against marshal for an escape after debtor had been committed to defendant's custody,) that debtor, after his commitment, petitioned Insolvent Court for his discharge from im- prisonment, and was remanded at plaintiff's suit for nine months, at the expiration of which defendant discharged him, ib. affidavit on, 8 & 9 W. 3. c. 27. s. 6, as to escapes, 961 c. PLEAS IN BAR IN DEBT-(continued) bankruptcy of plaintiff, 970 a. payment solvit ad diem or post diem, 974, 5. plene administravit before notice of trial, 971. by administrator at suit of an administrator of judgment recovered, and no proper memorial of it enrolled, containing the names of the wit- to debt on annuity bond, no memorial enrolled, 975 b. no memorial containing the names of the witnesses enrolled, ib. payment of the annuity on the days mentioned in the bond, 976. no process in the original action, 979. sheriff not commanded by latitat to take defendant, as in declaration no latitat ever issued, 979 a. no affidavit of cause of action affiled, ib. debt levied by fi. fa. against principal, 980. plea by one of bail, that the bond was for ease and favor, 981. other pleas, ib. TO REPLEVIN BONDS. reference to precedents, 983. that woman removed into another parish, and child born there, 984. plea that it was by plaintiff's own wrong and default, 985. to declaration to debt on bond to pay money and indemnify, that de- ON BONDS FOR PERFORMANCE OF COVENANTS. performance generally of condition, 985. performance of negative and disjunctive and affirmative covenants, 986. performance generally of covenants in another deed, ib. PLEAS IN BAR IN DEBT-(continued) ON CHARTER PARTIES. to action for not shipping cargo, that ship was unseaworthy, and detained that ship did not stay at loading port sixty-five running days, 991. that defendants did load cargo abroad, 992. that ship separated before expiration of time appointed, ib. ON LEASES AND DEMISES. no rent in arrear, 992. eviction, 993. by lessee, assignment of the term to a third person, ib. by an assignee, assignment of term before rent became due, 994. ON RECOGNIZANCES. mul tiel record, 994. no ca. sa. 995. death of principal before return of ca. sa. ib. on a recognizance of bail in error that puis darrein continuance, that debt was levied by fi. fa. on the principal, 996. other pleas, 996 a. ON JUDGMENTS. ON STATUTES. to action for bribery, prior suit depending for same offences, 996b. former conviction for the same offence, 999. judgment recovered by another person for the same identical offences and penalties as in plaintiff's suit, 1000. bubble act and indenture void at common law, being made for furthering a scheme injurious to the public, 1002. ON APPRENTICE DEEDS. to action on mariner's indenture, that defendant deserted plaintiff's service, 1003. to action on articles that defendant did provide board and lodging, 1004. that plaintiff absented himself, 1005. that plaintiff absented himself, and traversing discharge, 1006. ON CHARTER PARTIES. for demurrage that defendant did not keep ships, &c. 1007. that defendant did send goods alongside the vessel in time, ib. denying defendant's keeping ship on demurrage over the time, ib. several pleas to covenant on policy, that policy void, &c. 1009 to 1017. tender of rent on land before sun-set, 1018. that lessor was seised for life, and not in fee, ib, plea by assignee traversing assignment, 1019. premises not out of repair, ib. bankruptcy under 6 Geo. 4. c. 16. s. 75. that defendant's assignees ac- cepted the lease, 1019 a. OTHER PLEAS IN GENERAL, ib. that person under whom plaintiff claims was not lawfully possessed of that third person pledged deed to defendant, ib. justifying detention of lease, &c. as trustee, 1025. that lessee assigned lease to another, who assigned to defendant, 1026. at the suit of assignees that deeds were deposited with bankrupt as a at the suit of assignees denying bankruptcy, 1028. that bankrupts were not lawfully possessed, ib. that bankrupts did not deliver to defendants the bills, &c. ib. that bankrupts assigned over interest in ship, and delivered bill of general issue, in case or trover by one defendant, 1030. the like by several defendants, ib. plea of general issue by solicitor of customs on behalf of the king under confessing causes of action as to part and general issue to residue, 1030a. that plaintiff was guilty of theft, 1031. that plaintiff was guilty of perjury, 1033, 1037. that plaintiff was insolvent, 1034. defendant merely a repeater of the slander, 1035. plea justifying truth of part of libel set forth in declaration, charging plaintiff, a proctor, with having been suspended three times, ib. that defendant instituted proceedings by way of complaint, 1035 b. that letter was sent to commanding officer that plaintiff might be brought plea (to declaration for libel accusing plaintiff of perjury,) that plaintiff did perjure himself in his answer, ib. for saying plaintiff's ship was not sound, that it was not, 1040. pleas in trover that administration is void, &c. shewing how, 1040. AVOWRIES, &c. IN REPLEVIN, IN GENERAL, non cepit, 1042. commencement of an avowry, ib. commencement of a cognizance, 1042 a. commencement of an avowry by one, and cognizance by another, 1043. commencement of a second avowry or cognizance, ib. conclusion of an avowry or cognizance, ib. plea in bar, property in defendant or a stranger, 1044. cepit in alio loco, with avowry for return, 1045. that defendant took the cattle damage feasant in another close, 1046. FOR RENT, common avowry or cognizance for rent, on 11 Geo. 2. c. 19. s. 22, 1047. the like in a more general form, 1048. avowry where part of the rent has been satisfied, ib. the like in another form, being a cognizance, 1049. the like in another form, 1050. cognizance for a quit rent, ib. cognizance where rent payable at so much per acre, &c. 1051. avowry where goods distrained under 8 Ann. c. 14, ib. under distress for rent under common appurtenant, 1052. where goods fraudulently removed, 1053. for double rent, plaintiff holding over after notice to quit given cognizance as bailiff of executor under 32 Hen. 8. c. 37, 1055. by one tenant in common for rent due to him, 1056. FOR POOR RATE, avowry for, 1057. FOR DAMAGE-FEASANT, avowry by a freeholder, under a distress damage feasant, 1058. avowry for a distress damage feasant by a commoner, ib. prescriptive right of common, 1060. PLEAS IN BAR IN TRESPASS. IN GENERAL, general issue, 1061. the like by several defendants, ib. the like to part, with a special plea to the residue, 1061 a. by one defendant in an action against two, accord and satisfaction by arbitrament and release, ib. judgment by verdict, recorded by defendant against plaintiff for same trespasses, ib. plea justifying under a commission of bankruptcy, 1032 b. tender of amends by officers of excise or customs, 1063. tender of amends by justice of peace, under 24 Geo. 2. c. 44. s. 2,-1065. plea, disclaimer of title in locus in quo, and tender of amends, 1066. statute of limitations, 1067. |