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 denying deed being in defendant's possession, 962 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. ON ARBITRATION BONDS. no award made, 977 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.) 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 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 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 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. 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. 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 [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 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 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 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 avowry for a distress damage feasant by a commoner, ib. 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 by one defendant in 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, 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 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. |