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REPLICATIONS IN BAR-(continued).

IN DEBT (continued).

to plea that deed was obtained by fraud, that it was duly obtained, 664.

to plea of duress, that defendant freely executed the deed, 664. to plea of infancy, that defendant was of age, 665.

to plea of usury, &c. that the bond was legal, 665.

to a plea of tender, 665.

to a plea of set-off, 665.

to parol demurrer, confession of plea, 666.

to plea of rien per descent, that defendant had assets, 666.

to the like, that defendant had assets before commencement of suit, 667.

to plea of solvit ad diem, or post diem, denying the payments, 667. to plea no memorial enrolled, setting out memorial, 667.

to plea that no award was made, stating the award and breaches,

668.

to plea of ease and favour to bail bond, denying plea, 669.
to non damnificatus on bastardy bond, stating damage, 669.
to non damnificatus to indemnity bond, stating damage, 670.
to plea of performance of bond, that E. F. has not accounted, 671.
the like stating several breaches, 672.

denial of the eviction, 672.

to plea that pltff. accepted rent of an assignee, denial of plea, 672. to a plea of nul tiel record in the same court, stating the record,

673.

the like in a different court, 673.

to plea of no ca. sa. against principal, setting out ca. sa. 674.

to plea of death of principal before return of ca. sa. stating ca. sa.

&c. 675.

to pleas to debt on judgment, 675.

to plea of compromise by rule of court that it was obtained by fraud, 675.

to plea of former conviction, that it was obtained by fraud, 675.

IN COVENANT,

to plea of licence, denying the licence, 676.

other replications, 676.

conclusion with a verification, 676.

IN CASE.

to pleas justifying slanderous words, de injuria, 676.

PLEAS IN BAR, &c. IN REPLEVIN.

IN GENERAL.

1. similiter to non cepit, 676.

2. commencement of a plea in bar to an avowry, 678.

3. the like to a cognizance, 678.

4. the like to an avowry and cognizance, 678.

5. commencement of a second plea in bar by leave, &c. 678.

6. conclusion to the country, 679.

7. conclusion with a verification, 679.

8. the like to an avowry and cognizance, 679.

FOR RENT.

traverse of the demise, 679.

no rent in arrear, 679.

that defendant was not bailiff, 680.

PLEAS IN BAR, &c. IN REPLEVIN-(continued).
FOR RENT (continued).

payment of rent to ground landlord, 680.

no rent in arrear as to part, and tender as to the residue, 681.
eviction, 682.

DAMAGE-FEASANT.

to avowry damage-feasant by a freeholder, denial of his title, 682. to avowry damage-feasant by a tenant, traverse of the demise, 682. that defendant demised locus in quo to plaintiff, 683.

to an avowry for distress damage-feasant, defect of fences, 683.
the like, stating defendant's obligation to keep a gate shut, 684.
the like, locus in quo adjoining a common, 685.

that plaintiff had right of common in locus in quo, 687.
tender of amends before impounding, 687.

to avowry by a commoner, denial of his right of common, 688.

REPLICATIONS IN TRESPASS.

IN GENERAL.

1. precludi non, 682.

2. conclusion with a verification, 689.

to plea of tender, that the amends were not sufficient, 689.

TO PERSONS.

de injuria, or de son tort demesne, 689.

de injuria to son assault demesne, 690.

to plea of son assault demesne, that assault was made to turn defendant out of a house, 690.

to plea of defence of possession of close, right of way over the close, 691.

to justification under a latitat and warrant, protesting the issuing of the writ and warrant, and de injuria as to the residue, 692.

TO PERSONAL PROPERTY.

to a justification of distress damage-feasant, demise by E. F. to plaintiff and de injuria, 693.

to a justification taking cattle damage-feasant, that plaintiff had right of common in locus in quo, 694.

to the like, defect of fences, 695.

to the like, that defendant converted distress, 695.

TO REAL PROPERTY.

to liberum tenementum, denial of plea, 695.

to liberum tenementum, demise by defendant to plaintiff, 696.

to a plea of licence, denial of licence, 696.

to plea of defect of fences, that defendant turned the cattle in, 697.

to the like, that defendant's cattle were unruly, &c. 697.

to plea of prescriptive right of common, denial of the right, 698. to plea of right of common, approvement of common, 699. observations on traverses of rights of common, and

neral, 699.

NEW ASSIGNMENTS.

IN ASSUMPSIT.

ways in ge

that action was brought for breach of different contracts, 700.

IN TRESPASS TO PERSONS.

to plea of son assault demesne, a different assault, 701.

to justification under process, imprisonment before issuing pro

cess, 701.

NEW ASSIGNMENTS-(continued).

IN TRESPASS TO PERSONAL PROPERTY.

to justification under a right of way, extra viam, 702.
that the corn, &c. was different corn, 703.

IN TRESPASS TO REAL PROPERTY.

to liberum tenementum, new assignment setting out abuttals, 703. to plea of right of way, traverse of way and extra viam, &c. 704. the like merely new assigning, 705.

REJOINDERS.

IN GENERAL.

1. similiter to replication concluding to the country, 706.
2. commencement of rejoinder to a special replication, 706.
3. conclusion to the country, 706.

4. conclusion with a verification, 706.

IN ASSUMPSIT.

denial that the goods, &c. were necessaries, 706, 7.

denial of the defendant's confirming the promises, 707.

to replication of a latitat before the tender, that plaintiff had no cause of action at the time of issuing the writ, 707.

to the like, stating the time when the writ was really issued, and tender before that time, 708.

the like of process out of the Exchequer, 708. *

to replication to plea of tender of a prior demand, no such demand, 709.

to replication of a subsequent demand, no such demand, 709, 710. that the release was obtained fairly, 710.

that the action did not accrue within six years of issuing the

writ, 710.

to replication of a latitat shewing the time when it was issued, and non assumpsit infra sex annos of that time, 710.

traverse of the intent of issuing the writ, 710, 711.

to replication that defendant was beyond sea, &c. that plaintiff did not exhibit his bill within six years of defendant's first return, 711.

to replication that assets had come to hand since the exhibiting the bill denying the fact, 711.

to replication that the judgments against the defendants were obtained by fraud, denying the fraud, 711.

IN DEBT.

to replication stating an award, denying the award, 712.

to replication on bastardy bond shewing damage, deniål of replication, 712.

to replication to bond to account, that E. F. did account, 713.

REPLICATIONS IN REPLEVIN.

in general, 714. '

similiter to plea in bar concluding to the country, 714.
commencement of a replication in replevin, 714.
conclusion to the country, 714.

conclusion with a verification, 714.

to plea in bar of a tender, denial of tender, 714, 5.

to plea in bar of a tender, a subsequent demand, &c. 715.
to a plea in bar of a demise, stating a notice to quit, 715.
to plea of defect of fences, denial of obligation to repair, 716.

REPLICATIONS IN REPLEVIN-(continued). the like, denial of defect of fences, 717.

to a plea to an avowry damage-feasant stating a right of common over locus in quo, traverse of right of common, 717.

REPLICATIONS IN TRESPASS.

1. similiter to replication concluding to the country, 718.
2. rejoinder to a replication concluding with a verification, 718.
3. conclusion to the country, 718.

4. conclusion with a verification, 718.

to a replication of a demise to the plaintiff, a notice to quit, 718, 9. rejoinder re-asserting right of common, &c. as stated in the plea, 719.

SURREJOINDERS.

common form of a surrejoinder, 720.

conclusion to the country, 720.

conclusion with a verification in trespass, 720.

rejoinder in replevin, 720.

surrejoinder in trespass, that the notice to quit was waived, 721.

REBUTTERS AND SURREBUTTERS.

rebutter denying the waiver of the notice to quit, 721.
surrebutter similiter, 722.

PLEAS, &c. TO NEW ASSIGNMENTS.

general issue to new assignment, 722.

commencement of special plea to new assignment, 722.

conclusion with a verification, 722.

similiter to general issue to new assignment, 722.

commencement of a replication to a special plea to a new assign

ment, 723.

conclusion with a verification, 723.

-PLEAS PUIS DARREIN CONTINUANCE.

pleas puis darrein continuance of release, &c. not at the assizes, 724. the like at the assizes, 724, 5.

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TO REPLICATIONS, &c.

general demurrer to a replication, 728, 9.
special demurrer to a replication, 729.

demurrer to a plea in bar to a cognizance, 729.
demurrer to a rejoinder, 729.

JOINDERS IN DEMURRER.

joinder in demurrer to a declaration or replication in assumpsit, 730. the like in other actions, 730.

joinder in demurrer to a plea in abatement, 730.

joinder in demurrer to a plea in bar in assumpsit, 730, 1.

joinder in demurrer to a plea in bar in replevin, 731.

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