2d, battery, and menace of further battery, 512. 3d, battery, and fear of mayhem, 513. 4th, duress of imprisonment, 513. infancy to debt on bond or deed, 513. the like to debt on simple contract, 514. coverture to debt on bond or deed, 514. the like to debt on simple contract, 514. TENDER TO DEBT ON SIMPLE CONTRACT, 516. to debt on annuity bond, no memorial enrolled within 20 days, 522. no memorial containing the names of the witnesses enrolled, 522. payment of the annuity on the days mentioned in the bond, 522. no process in the original action, 525. plea by one of bail, that the bond was for ease and favour, 526. ON BONDS FOR PERFORMANCE OF COVENANTS. performance generally of condition, 529. performance of negative and disjunctive and affirmative cove- nants, 529. PLEAS IN BAR IN DEBT-(continued). ON BONDS FOR PERFORMANCE OF COVENANTS-(continued). performance generally of covenants in another deed, 530. by lessee, assignment of the term to a third person, 534. by an assignee, assignment of term before rent became due, 535. to action for bribery, prior suit depending for same offences, 537. another action for same offence compounded by rule of court, 540. plea to covenant for rent, a tender on the land before sun-set, 546. plea that lessor was seised for life and not in fee, 548. plea by assignee traversing the assignment to him, 548. premises not out of repair, 549. other pleas to covenant on leases, charter parties, &c. 549. PLEAS IN BAR IN REPLEVIN-(continued). IN GENERAL-(continued). commencement of a cognizance, 557. commencement of avowry by one, and cognizance by another, 557. plea in bar, property in defendant or a stranger, 558. 1 that defendant took the cattle damage-feasant in another close, 559. AVOWRIES, &c. FOR RENT. common avowry or cognizance for rent, 560. the like in a more general form, 561. avowry where part of the rent has been satisfied, 562. avowry by one tenant in common for rent due to him, 562. avowry for poor's rate, 563. AVOWRIES, &C. DAMAGE-FEASANT. common, 563. avowry by a freeholder, under a distress damage-feasant, 564. the like as a copyholder, or as his tenant, 565. avowry for a distress damage-feasant by a commoner, 564. IN TRESPASS. IN GENERAL. general issue, 568. the like to a part, with a special plea to the residue, 568. tender of amends by a justice of peace, 569. plea, disclaimer of title to locus in quo, and tender of amends, 570. statute of limitations, 572. I. TO PERSONS. son assault demesne, 572. molliter manus imposuit to preserve the peace, 574. assault, &c. in defence of a father, &c. 574. assault, &c. to preserve the peace, 575. the like, stating that plaintiff made an assault upon a third per son, 576. correction of an apprentice for disobedience, 576. moderate correction of a seaman, 577. molliter manus imposuit to turn defendant out of plaintiff's house, 578, the like of a public-house, 579. the like in resistance of plaintiff's entry, 579. defence of possession of a close, 580. plea by two defendants that plaintiff committed a breach of the peace in the house of one, and that the other, as a constable, took plaintiff before a justice, 581. the like in a more concise form, 584. arrest by a sheriff's officer, &c. under a latitat against plaintiff, 586. the like by the sheriff or officer to whom the writ was directed, 591. justification by attorney under a ca. sa. 591. the like by a sheriff's officer under a writ of ca. sa. 593. II. TO PERSONAL PROPERTY. justification of a distress of cattle damage-feasant, 595. VOL. II. d PLEAS IN BAR IN TRESPASS-(continued). II. TO PERSONAL PROPERTY-(continued). justification of removal of goods, because encumbering plaintiff's close, 596. justification of taking coals under prescriptive right to port duties, 597. TO REAL PROPERTY. liberum tenementum, enumerating the trespasses, 600. the like in a more concise form, 602. seisin in fee by a copyholder, 602. justification by tenant for years, giving colour to plaintiff, 603. defect of fences, 605. licence, 6 to trespass for fishing, that the locus in quo was defendant's free hold, 609. ་ the like that the fishery was defendant's several fishery, 610. the like that the defendant has a free fishery in the fishery, 610. common of fishery, 611. locus in quo a navigable river, and a public right to fish therein, 611. plea by a freeholder a prescriptive right of common of pasture, 611. the like by a copyholder, 613. common pur cause de vicinage, 615. common of estovers, &c. 617. public way for carriages, &c. 619. private way by prescription by a freeholder, 621. the like by a copyholder, 623. the like by non-existing grant, 624. the like of necessity, 625. the like by tenant under a lease, or from year to year, 627. entry to take tithe, 628. the like under a latitat, 630. the like under a fi. fa. against plaintiff, 632. the like under a fi. fa. against another person, 635. the like by sheriff under a fi. fa. 635. IN EJECTMENT. general issue, 637. REPLICATIONS IN ABATEMENT. to a plea of coverture, denying the fact, 638. to a plea of nonjoinder, that the defendant alone contracted, 638. to a plea of misnomer, defendant known as well by one name as other, 639. to a plea of misnomer estoppel by putting in bail, 639. entry of cassetur billa vel breve, 659. REPLICATIONS IN BAR. IN GENERAL, estoppel, 641. special similiter, 641. commencement of replication to special plea, called precludi non, 641. the like, suggesting the death of one of the defendants, 642. REPLICATIONS IN BAR-(continued). IN GENERAL (continued). conclusion to the country, 642. conclusion, with a verification in assumpsit, 643. IN ASSUMPSIT. denial of the infancy, 643. to plea of infance, that meat, &c. were necessaries, and nol. pros. to resid. 643. ratification after defendant came of age, 644. to a plea of insolvent debtors' act admitting the plea, 645. denial of tender, 645. nil debet to plea of set-off, 645. a writ issued out of K. B., C. P. or Exchequer before the tender, 646. a writ with continuances, 647. a prior demand of the debt, 649. a subsequent demand, 650. similiter, admission of tender, and award of venire, 650. to plea of accord & satisfaction, denial of delivery of bond, &c. 650. nul tiel record, to a plea of judgment recovered in same court, 651. to a plea of release, that it was obtained by fraud, 652. to a plea of set-off, nil debet, 652. to a set-off on a recognizance, &c. nul tiel record and nil debet, 65. statute of limitations to a plea of set-off, 653. to plea Court of Conscience Act, deft. indebted more than 40s. 65. to plea of statute of limitation, that defendant did undertake, &c. 654. that cause of action did accrue, &c. 654. a writ sued out within six years, 655. that plaintiff was abroad, and action commenced in six years after return, 655. that defendant was abroad, and action commenced in six years after return, 656. other replications to statutes of limitations, 656. to pleas by and against executors, 657 to 662. that defendant is executor, 657. to plene administravit, that defendant had assets, 657. to the plea of plene administravit by an executor of an executor, 657. the like to a plea of bonds or judgments outstanding, 658. that defendant had assets at the time he had notice of the writ, 658. that after exhibiting bill, and before plea, assets came to defendant's hands, 659. that judgments recovered against executor, were obtained by fraud, 659. judgment fraudulently confessed for more than was due, 660. the like with award of inquiry where general issue was not plead- |