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PLEAS IN BAR IN DEBT-(continued.)

ON LEGAL LIABILITIES (continued.)

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 discharge of bail, without defendant's knowledge, and a return before action, 959

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.
ON SPECIALTIES.

denying deed being in defendant's possession, 962
escrow, ib.

fraud, deed obtained by, 963

duress, menace to kill, 964

battery, and menace of further battery, ib.

battery, and fear of mayhem, ib.

duress, of imprisonment, 965

infancy, ib.

coverture, 966

usury, ib.

stock-jobbing, that bond was given for settling differences against pro

visions in stock-jobbing Act, 968

set-off, 968 b.

to action on two bonds, set-off on two bonds, 969

bankruptcy of plaintiff, 970

statute of limitations, 971

payment solvit ad diem or post diem, 974, 5

BY HEIRS, EXECUTORS, &c.

plene administravit before notice of trial, 971

by administrator at suit of an administrator of judgment recovered, and plene administravit præter, ib.

parol demurrer by an infant heir, 973

rien per descent by heir, ib.

rien per devise, 974

TO ANNUITY BONDS AND Deeds.

to debt on annuity bond, that no memorial of it whatever was enrolled,

975

no proper memorial of it enrolled, containing the names of the witnesses, &c. 975 a.

to debt on annuity bond, no memorial enrolled, 975 a.

no memorial containing the names of the witnesses enrolled, ib.
payment of the annuity on the days mentioned in the bond, 976
payment after the days, ib.

ON ARBITRATION BONDS.

no award made, 977

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no process in the original action, 979

sheriff not commanded by latitat to take defendant, as in declaration

alleged, ib.

PLEAS IN BAR IN DEBT-(continued.)
TO BAIL BONDS-(continued.)

no latitat ever issued, 979

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
comperuit ad diem, 982

other pleas, ib.

TO REPLEVIN BONDS.

reference to precedents, 983

TO BASTARDY BONDS.

non damnificatus, 983

that woman removed into another parish, and child born there, 984 ON INDEMNITY BONDS.

non damnificatus, 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 defendant did pay and indemnify, ib.

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.

the like in a more concise form, 987

performance specially, 988

excuse of performance, ib.

plea that plaintiff discharged defendant from performance, 989
non-performance by plaintiff of a condition precedent, ib.

ON CHARTER PARTIES.

to action for not shipping cargo, that ship was unseaworthy, and detained on her outward voyage, 990

that ship did not stay at loading port sixty-five running days, 991

that plaintiff refused to receive cargo, ib.

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.

nul 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.

payment, 996 a

other pleas, ib.

ON STATUTES.

to action for bribery, prior suit depending for sames offences, 996 a. another action for same offence compounded by rule of court, 998 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

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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

[1004

to action on articles that defendant did provide board and lodging, 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

for freight, &c. that ship was not staunch, &c. 1008

that defendant did send goods alongside the vessel in time, ib.
payment in satisfaction, 1009

denying defendant's keeping ship on demurrage over the time, ib. ON POLICIES OF INSURANCE.

several pleas to covenant on policy, that policy void, &c. 1009 to

1017

ON LEASES.

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

accepted the lease, 1019

OTHER PLEAS IN GENERAL, ib.

PLEAS IN BAR IN DETINUE.

general issuc non detinet, 1023

that person under whom plaintiff claims was not lawfully possessed of indenture, ib.

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 security, 1027

at the suit of assignees denying bankruptcy, 1028

that bankrups were not lawfully possessed, ib.

that bankrupts did not deliver to defendants the bills, &c. ib.

that bankrupts assigned over the interest in ship, and delivered bill of sale, &c. ib.

plea traversing possession of plaintiff as assignee, 1029

PLEAS IN BAR IN CASE.

IN GENERAL.

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 9 Geo. 4. c. 25. ib.

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PLEAS IN BAR IN CASE-(continued.)

IN GENERAL (continued.)

[1030 a

confessing causes of action as to part and general issue to residue,

statute of limitations, ib.

accord and satisfaction, 1031

FOR SLANDer.

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 a that letter was sent to commanding officer that plaintiff might, be brought to a court martial, 1037

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 AT THE SUIT OF EXECUTORS, &c.

pleas in trover that administration is void, &c. showing how, 1040

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[1043

commencement of an avowry by one, and cognizance by another,

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
the like in another form, ib.

cepit in alio loco, with avowry for return, 1045

that defendant took the cattle damage feasant in another close, 1046 FOR RENT,

[1047

common avowry or cognizance for rent, on 11 Geo. 2. c. 19. s. 22. 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
by him on 11 Geo. 2. c. 19, 1054

cognizance as bailiff of executor under 32 Hen. 8. c. 37, 1055
avowry where part of the rent has been satisfied, ib.

by one tenant in common for rent due to him, 1056

cognizance by him as bailiff of other tenant, 1057

FOR POOR RATE,

avowry for, 1057

FOR DAMAGE-FEASANT,

avowry by a free-holder, under a distress damage feasant, 1058
the like by a tenant from year to year, the lessee being a freeholder, ib.
the like as a copyholder, or as his tenant, 1059

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
accord and satisfaction, 1062

by one defendant in action against two, accord and satisfaction by
the other after action brought, ib.

arbitrament and release, ib.

judgment by verdict, recorded by defendant against plaintiff for same trespasses, ib.

plea justifying under a commission of bankruptcy, 1062 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

1. TO PERSONS,

son assault demesne, 1067

molliter manus imposuit to preserve the peace, 1069

assault, &c. in defence of a father, &c. 1070

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 house of one, and that other, as constable, took plaintiff before a justice, 1076

the like in a more concise form, by the private person only, 1080 plea justifying imprisonment of plaintiff and taking him before magistrate, he having been guilty of a felony, on 7 & 8 Geo. 4. c. 29. s. 47, as a clerk, in embezzlement of defendant's property, ib. plea justifying imprisonment of plaintiff on suspicion of felony, 1081 Imprisonment under process,

arrest by sheriff's officer, &c. under latitat, against plaintiff, 1083 the like by sheriff or officer to whom writ was directed, 1087 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, 1094

justifying removing tunnels, &c. on the ground that they were with

drawing 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 b.

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