PLEAS IN BAR IN TRESPASS-(continued) I. TO PERSONS, son assault demesne, 1067. molliter manus imposuit to preserve the peace, 1069. assault, &c. to preserve the peace, 1071. the like, stating that plaintiff made an assault upon a third person, ib. correction of an apprentice for disobedience, 1072. moderate correction of a seaman, ib. to a declaration of assault and battery, that defendant was convicted of same before two justices under 9 Geo. 4. c. 31. s. 27, 28, and therefore defendant released from action, 1073. Defence of possession, molliter manus imposuit to turn defendant out of plaintiff's house, 1073. the like of a public-house, 1074. the like in resistance of plaintiff's entry, 1075. defence of possession of a close, ib. Imprisonment without process, plea by two defendants, that plaintiff committed breach of peace in the like in a more concise form, by the private person only, 1080. plea justifying imprisonment of plaintiff on suspicion of felony, 1081. Imprisonment under process, arrest by sheriff's officer, &c. under latitat, against plaintiff, 1083. justification by attorney under a ca. sa. 1088. the like by a sheriff's officer under a ca. sa. 1089. plea justifying the imprisonment of plaintiff by defendant as an officer of the Palace Court, on a ca. sa. issued out of that court, 1091. justification under warrant of magistrate for an assault, ib. II. TO PERSONAL PROPERTY, justification of a distress of cattle damage feasant, 1092. justification of removal of goods, encumbering close, 109!. justifying removing tunuels, &c. on the ground that they were withdrawing water from a public river, ib. justifying trespasses under a distress for rent, 1094 a. justification of taking coals under prescriptive right to port duties, 1094 c. justifying killing dog for worrying sheep, 1097. pleas to trespass for running defendant's gig against plaintiff's mare, that defendant was driving the gig along the highway, leaving suflicient room, and that the mare was so badly managed and so unruly, that thereby the accident happened, ib. TO REAL PROPERTY, liberum tenementum, enumerating the trespasses, 1097 a. seisin in fee by a copyholder, 1100. justification by tenant for years, giving colour to plaintiff, 1101. PLEAS IN BAR IN TRESPASS-(continued) TO REAL PROPERTY-(continued) the like by a tenant from year to year, 1102. justifying cutting trees, because overshading defendant's garden, &c. ib. defect of fences, 1103. leave of licence, 1106. for fishing, that locus in quo was defendant's freehold, ib. the like that the fishery was defendant's several fishery, 1107. the like that the defendant has a free fishery in the fishery, 1108. locus in quo a navigable river, and a public right to fish therein, ib. prescriptive right of common by rector, 1112 a. common pur cause de vicinage, 1113. common of estovers, &c. 1115. public way for carriages, &c. 1116 a. plea justifying defendant's entering plaintiff's close and breaking gates, &c. because a highway adjoining was out of repair and continued impassable, wherefore defendant, through necessity, entered, &c. 1118. private way by prescription by a freeholder, 1118 a. the like by a copy holder, for a private way in the same manor, 1120. prescriptive right of way that defendant has closes at both ends of way, 1121. private way by non-existing grant, 1122. the like in another form, 1123. the like of necessity, 1125. the like by tenant under a lease, or from year to year, 1127. a private right of way under a local inclosure act and award, ib. the like to a well to take water by prescription, 1127 c. entry to take tithe, 1128. plea justifying pulling down a wall because it obstructed and darkened an ancient light, 1130. plea justifying entering plaintiff's close and taking away gelding, that plaintiff had forcibly taken it away from defendant, 1130 a. entry under a latitat, 1130b. the like under a fi. fa. against a plaintiff, 1132. the like under a fi. fa. against another person, 1134. the like by sheriff under a fi. fa. 1135. by surveyor under highway act, 13 Geo. 3. c. 78, 1136. plea justifying entering house and turning out plaintiff and his goods by one defendant as churchwarden, and the other as constable, under a magistrate's warrant, to put the churchwardens and overseers in possession in pursuance of 59 Geo. 3. c. 12. s. 24. plaintiff having intruded himself into the house, 1137. justifying entry to make distress on goods fraudulently removed, 1137 g. PLEAS IN BAR IN EJECTMENT, general issue, 1141. REPLICATIONS IN ABATEMENT. to plea of coverture, denying the fact, 1142. to plea of nonjoinder, that the defendant alone contracted, ib. REPLICATIONS IN ABATEMENT-(continued) to plea of misnomer, defendant known as well by one name as other, 1142. to plea of misnomer estoppel by putting in bail, 1443. entry of cassetur billa vel breve, ib. REPLICATIONS IN BAR, IN GENERAL. estoppel, 1144. special similiter, ib. commencement of replication to special plea, called precludi non, 1145. the like, suggesting the death of one of the defendants, ib. conclusion to the country, ib. conclusion, with a verification in assumpsit, ib. IN ASSUMPSIT. to plea of usury to an action on a bill of exchange that bill was indorsed to plaintiff without knowledge of usury, and for value, &c. 1146. denial of the infancy, 1146 a. to plea of infancy, that meat, &c. were necessaries, and nol. pros. to residue, ib. ratification after defendant came of age, 1147. the like in another form, 1148. to plea of alien enemy that plaintiff resides here, ib. to bankruptcy that defendant promised after his bankruptcy, ib. to plea under bankruptcy, that plaintiff elected to come in under commission, denial of such election, ib. to plea of insolvency denying defendant's discharge, 1149. to plea of insolvency admitting plea, 1150. the like that defendant promised after discharge, ib. that debt contracted after discharge, ib. to pleas of tender, 1151. denial of tender, ib. nil debet to plea of set-off, ib. a writ issued out of K. B., C. P. or Exchequer, before tender, 1152. a writ with continuances, 1153. a prior demand of the debt, 1154. a subsequent demand, 1155. similiter, admission of tender, and award of venire, 1156. to plea of accord and satisfaction, denial of delivery of bond, &c. ib. to a plea of delivery of a bill of exchange accepted by defendant in payment, stating a presentment and dishonor thereof, 1157. to a plea of arbitrament, denying the award, ib. nul tiel record, to a plea of judgment recovered in same court, ib. the like, to a plea of judgment recovered in another court, 1158. to plea of judgment recovered denying that it was for same causes of action, ib. to a plea of release, non est factum, ib. to a plea of release, that it was obtained by fraud, ib. to a plea of set-off, nil debet, ib. to set-off on recognizance, &c. nul tiel record and nil debet, ib. statute of limitations to a plea of set-off, 1159. to plea Court of Conscience Act, defendant indebted more than 40s. ib. to plea of statute of limitations, that defendant did undertake, &c. 1160. that canse of action did accrue, &c. ib. a writ sued out within six years, 1161. REPLICATIONS IN BAR-(continued) IN ASSUMPSIT-(continued) that plaintiff was abroad, and action commenced in six years after return, 1161. the like, in another form, 1162. that defendant was abroad, and action commenced in six years after return, ib. replication, in action by executors (to a plea of statute of limitations) that other replications to statute of limitations, 1162 c. that defendant is executor, ib. to plene administravit, that defendant had assets, ib. replication and award of inquiry where only plea of plene administravit is pleaded, ib. to plea of plene administravit by executor of executor, 1164. the like to a plea of bonds or judgments outstanding, 1165. that defendant had assets at time he had notice of writ, ib. that after exhibiting bill, and before plea, assets came to defendant's hands, ib. that judgments recovered against executor, were obtained by fraud, 1166. judgment fraudulently confessed for more than was due, 1167. to bond outstanding, that it is fraudulently kept on foot, ib. replication to plea of retainer on an indenture that the same was void for fraud, 1168. to plene administravit, prayer of judgment of assets quando acciderint, ib. the like with award of inquiry where general issue was not pleaded, 1169. replication to a plea of plene administravit præter praying judgment as to the 107. and averring assets extra-sufficient to pay the debt, 1169 a. IN DEBT. common conclusion with a verification, 1170. for escapes that defendant of his own wrong permitted escape, ib. replication to plea of voluntary escape and recaption in an action against in an action against the warden to plea of voluntary return, that the bill was filed before the return, ib. to plea that deed was obtained by fraud, that it was duly obtained, 1171 a. to plea of duress, that defendant freely executed the deed, 1172. to plea of infancy, that defendant was of age, ib. to plea of usury, &c. that the bond was legal, ib. to a plea of tender, ib. to a plea of set-off, denying set-off, 1173. the like in another form, ib. to parol demurrer, confession of plea, 1174. to plea of rien per descent, that defendant had assets, ib. to the like, that defendant had assets before commencement of suit, ib. to plea of solvit ad diem, or post diem, denying the payments, 1175. to plea no memorial enrolled, setting out memorial, ib. to plea that no award was made, stating the award and breaches, 1176. to piea of ease and favour to bail bond, denying plea, 1177. to plea of comperuit ad diem, denying record of appearance, ib. to non damnificatus on bastardy bond, stating damage, ib. REPLICATIONS IN BAR-(continued) IN DEBT-(continued) to non damnificatus to indemnity bond, stating damage, 1178. on charter-parties, denying defendant's offer to deliver cargo, ib. ON LEASES. denial of the eviction, 1180. to plea that plaintiff accepted rent of an assignee, denial of plea, 1181. to plea of no ca. sa. against principal, setting out ca. sa. ib. to plea of death of principal before return of ca. sa. stating ca, sa. &c. 1183. to pleas to debt on judgments, 1184. to pleas on statutes of compromise by rule of court, that it was obtained by fraud, ib. to plea of former conviction, that it was obtained by fraud, ib. replication and award of venire, &c. where part of causes of action confessed, 1186. to pleas justifying slanderous words, de injuriâ, ib. to plea in trover of bona notabilia in several dioceses, denying it, 1187. PLEAS IN BAR, &c. IN REPLEVIN. IN GENERAL. 1. similiter to non cepit, 1188. 2. commencement of a plea in bar to an avowry, ib. 3. the like to a cognizance, ib. 4. the like to an avowry and cognizance, ib, 5. commencement of a second plea in bar by leave, &c. ib. 6. conclusion to the country, 1189. 7. conclusion with a verification, ib. 8. the like to an avowry and cognizance, ib. FOR RENT. traverse of the demise, 1189. no rent in arrear, 1190. that defendant was not bailiff, ib. that the landlord by the demise parted with all his interest in the premises, leaving no reversion enabling him to distrain, ib. payment of rent to ground landlord, ib. no rent in arrear as to part and tender as to the residue, 1191. to cognizance for arrear of annuity, that annuity void for defective me- to like, denying payment to two grantors, 1193. to like, that consideration money was not paid in bank notes, 1194. |