PLEAS IN GENERAL-(continued.) I. Of the several pleas in bar, &c.-(continued.) in case, (see title Case,) 490 to 498 489 in actions for slander in particular, 491 to 497 in trover, (see title Trover,) 498, 9 in trespass, (see title Trespass,) 500 to persons, 501 to personal property, 502 to realty, 502 to 506 when the general issue authorized by statute, 506, 7 in ejectment, (see title Ejectment,) 507 when advisable to plead specially or only the general issue, ib. when advisable not to plead speciailly, 508 matter of estoppel, when to be pleaded, 509 all defences should be pleaded, ib. 743 when sufficient to prove part of ground of defence, 510 of suffering judgment by default as to part, ib. of issuable pleas, 510 to 512 Secondly, Since the recent rules, 512 statement of prescriptive rights in, under 2 & 3 W. 4, c. 71, s. 5, 512, pleadings in particular actions by Reg. Gen. Hil. T. 4 W. 4, 512 to 520, non detinet, what to put in issue, ib. 743 IV. In case, 518, 19 not guilty, what to put in issue, 518, 744 instances in elucidation of this rule, 519 matters in confession, and avoidance to be pleaded specially, ib. 744 V. In trespass, 520 designation of closes by abuttals in, ib. 744 plea of not guilty, ib. 744 recovering pro tanto on proof of part of plea, ib. II. Of the qualities of pleas in bar, 1, must be conformable to the count, &c. 22, 522 if not, when plaintiff may sign judgment, ib. 2, should answer the whole charges with the exception of matter of aggrava- 3, must answer all assumed to be answered, and no more, 523 to 625 4, must deny or confess and avoid the facts pleaded to, and herein of giving 5, must be single, 535 6, must be certain, 533 to 539 7, must be direct and positive and not argumentative, 539 824 PLEAS IN GENERAL-(continued.) II. Of the qualities of pleas in bar-(continued.) 8, must be capable of trial, 540 9, must be true, and not too large, and herein of sham pleas, 541 to 544 1, construction against the plea when ambiguous, 445 2, if bad in part considered bad for the whole, 546 3, when surplusage or repugnancy vitiates, 547 IV. Of the forms and parts of pleas in bar, 1, title of the court, 549 2, title or date of time, ib. 455 3, names of the parties in margin, 550 appearance in person or attorney, 550 to 552 by what attorney, &c. 551 to a part of cause of action, 552 to several counts, &c. and as to the quæ sunt eadem, 552 forms of, as prescribed by Reg. Gen. Hil. T. 4 W. 4, reg. 9, 554, actionem non unnecessary, ib. 741 no formal defence requisite, 555, ib. by leave of the court, &c. not essential, ib. 5, the body of the plea, 555, 556 6, the conclusion, 556 when to conclude to the country, ib. when with a verification, 557 when to the record, 558 prayer of judgment, ib. defects in conclusion, when aided, 559 V. Of several pleas in bar under statute Ann., 560 to 565 in general, ib. confined to courts of record, 560 what double pleas allowed in court of record, 560 to 562 not allowed in inferior court, 228, 560 each plea must be valid in itself, 562 to 563 form of, in general, ib. one will not prejudice the other, 563 rule to plead double, ib: of several pleas since Reg. Gen. Hil. T. 4 W. 4, (see title Several Pleas,) ib. costs of, ib. VI. Of Pleas by several defendants, 565 to 568 when they may join or must sever, 566 consequences of their joining, ib. form of plea by several, ib. replication and demurrer, &c. ib. defects, in pleas, when aided, and how, (see title Defects,) 568, 671 OF PLEAS IN BAR IN REPLEVIN, (see titles Replevin. Replication.) OF PLEAS PUIS DARREIN CONTINUANCE, and pending actions, (see title Puis OF PLEAS OF SET-OFF, (see title Set-off) 568 to 576 acquittal of, in action for tort, when entitled to costs, 88 assumpsit lies on, 101 debt lies on, 110 covenant lies on, 116 alternative allegation allowed in declaration on, 237, 517, 743 several counts on, when allowed, 739 POOR RATES, replevin lies to try legality of, 164 if irregularity in distress for, party not a trespasser ab initio, 180 general issue in trespass, 502 de injuria to avowry for, 608 PORT DUTIES, assumpsit lies for, 101 debt lies for, 109 PORTS, extent of, judicially taken notice of, when, 218 what sufficient to support action for tort, 61, 62, 123, 129 defendant's, 383 plea of not guilty not put in issue, 520, 744 POUNDAGE, assumpsit lies for, 101 POUND-BREACH, remedy for, 138 POUND-KEEPER, when not liable to be sued, 80, 181 PRACTICE, when matter of not pleadable, 449 abolished in personal actions, 241,709 plea of outlawry, if plaintiff under, 448 in a plea, general rule, 460, 558, 741 PRECEDENT CONDITION, (see title Condition Precedent.) PRECLUDI NON, what part of replication so termed, 601 how to be framed, if to a part of plea, ib. PREMATURE ACTION, (see title Auter Action Pendent.) plea of, though not usual, 453 who liable to be sued for, 36 count for, in action on policy of insurance, 739 PRESCRIPTION, how to be stated, 386 how to be pleaded since stat. 2 & 3 W. 4, c. 71, 512, 713 showing title by, when general allegation enough, and how proved, 379 to 383, restriction of, by 2 & 3 W. 4, c. 71, s. 6, 714 PRINCIPAL AND AGENT, (see titles Agent. Master. Owner, &c.) when they may sue, 6 to 8 PRINCIPAL AND SURETY, (see titles Guarantee. Surety.) PRINTED EVIDENCE, amendment of variances in, 704 PRIOR ACTION, judgment in, must be pleaded specially, 499 PRIORITY OF POSSESSION, when sufficient to enable plaintiff to recover in ejectment, 479, note (i) declaration against, in custody of sheriff, &c. 281, 713 PRIVILEGES, enactment of 2 W. 4, c, 39, respecting, 708 remedy for arresting a privileged person, 183 of what the court will take notice, without pleading, 220 how plea concludes, 460 PRIVITY OF ESTATE AND CONTRACT, (see title Debt.) when executor may sue on, 22 PROCEEDINGS IN ERROR, PROCESS, (see titles Præcipe. Writ.) PROCHEIN AMI, (see titles Guardian. Infant.) of declaring by, 284 of pleading by, 428, 449 PROCLAMATIONS, courts ex officio take notice of, 214 PROFERT, (see title Oyer.) the nature and form of it, 365, 366 when a profert or an excuse for omission necessary, ib when advisable to add several counts, when doubtful if it can be made, 410 PROFERT, (see title Oyer.)-(continued.) at the end of declaration of letters testamentary, &c. 420 omission of, only ground of special demurrer, 366, 420 whether an unnecessary profert entitles the other party to oyer, 366, 430 PROFITS A PRENDRE, claims to rights of, how limited, 713 PROLIXITY, when short pleading allowed to avoid it, 228, 304, 535 PROMISE, day of, when material, 257 by infant, confirmation of, 703 PROMISSORY NOTE, (see title Bill of Exchange.) when debt lies on, 103, 109, 113 variance in, 308, 9 plea of non assumpsit to, inadmissible, 515, 743 PROOF OF DOCUMENTS, Reg. Gen. Hil. T. 4 W. 4, respecting, 736, 737 PROPERTY, what sufficinte in personal property to support trespass, 168 to 170 (see title Pos- what sufficient in real property, (see title Possession,) 175 to 178 pleadable in abatement or bar in replevin, 446 PRO TANTO, costs when plaintiff recovers in part, 393 when defendant may have a verdict for, 520, 614, 615 PROTESTANDO, defined, &c. 616 nature and utility of it, ib. replication protesting delivery of a pipe of wine in satisfaction, ib. protesting a writ and warrant, &c. ib. what matter might be protested, ib. defect in, consequences of, 617 abolished by Reg. Gen. Hil. T. 4 W. 4, reg. 12, 559, 618, 741 when necessary to be alleged, 371 omission of, how to be objected to, ib. when to conclude with, 559 does not bind the exact description, 371 PROVISO, (see title Condition.) in statute, when to be stated, &c. in pleading, 223, 372 in other instruments, 223 in contracts, 309 in specialties, 367 PROVISIONAL ASSIGNEE, when not liable for fraud, 55, note (i) PUBLIC INJURY, where no action lies PUIS DARREIN CONTINUANCE, plea of, when proper, 667, 8 pleas of, in general, ib. to 661 how to plead matter arising pending suit and before issue, 657 what matters so pleadable, 657, 8 after issue, ib. |