PEW,

remedy for obstructing of, when case, and when trespass, 141, 147

declaration for disturbance of, 381

PIRACY, (see titles Copyright. Patent.)

PISCARY, (see title Fish and Fishery.)

PLACE, (see title Venue.)

what courts take judicial notice of, 218

when not material, (see title Venue,) 360, 394

part in one county, and part in another, 708

PLAINTIFFS.

who to be, (see title Parties.)

may use the word " plaintiff" after having once mentioned name, 248, note (b),

256

PLEADING DOUBLE,

rule for, 563, 728

PLEADING OVER, what it aids, 671, 2 Crom. & M. 229, 671

Reg. Gen. Hil. T. W. 4, respecting, 741

PLEADINGS IN GENERAL, 710

parties to an action, who to be, &c. (see title Parties.)

form of actions, &c. (see title Actions.)

joinder in action, (see title Joinder.)

election of actions, (see title Election of Actions.)

of pleading in general, 213, 14

definition of, statement of facts and not argument or law, ib. 540
I. what facts necessary to be stated and what not, 214 to 232
1st, not facts of which courts will take notice, 214 to 220
matters relating to the king, 214, 15

proclamations, orders of council, pardons, war, &c. ib.

matters relating to the parliament and statutes, 215

ecclesiastical, civil, and marine law, foreign laws, &c. 216

common law rights and duties and general customs, ib.

customs of gavelkind, &c. and local customs, 217

terms, calendar, days of week, &c. 217, 18

division of England, Ireland, incorporated towns, ports, Thames, 218

meaning of peculiar English words, ib. 219

course of proceedings in superior courts, &c. 219

privileges of their officers, 220

courts of general jurisdiction, ib.

inferior courts, ib.

2dly, where the law presumes a fact, it need not be stated, 221

3dly, not to state matters to be stated by the other side, 222 to 225

4thly, not to state mere matter of evidence, 225, 540

5thly, statement of legal fictions, 225

6thly, of duplicity, 226, 532

7thly, of unnecessary statements, 228

8thly, of superfluity and repugnancy, 229 to 232

II. the mode of stating the facts, 232 to 237

in general and vague statement objectionable, 232, 3

when no precise formal words necessary, ib.

precedents to be followed, ib.

pleadings to be in English, 233

of certainty in pleading, ib. to 237

when general pleading allowed, 234, 235

what expressions will aid want of certainty, 335, 236

other general rules, pleadings not to be insensible, repugnant, doubtful,
argumentative, &c. 236

PLEADINGS IN GENERAL-(continued.)

to be according to legal effect, 305, 312
III. rules of construction, 237 to 239

IV. division of pleading, 239

of the declaration, (see title Declaration, &c.) 240 to 421
of the claim of conusance, (see title Conusance,) 422 to 427

of appearance, defence, oyer, and imparlances, (see those titles) 427 to 439
of pleas to the jurisdiction, (see titles Jurisdiction,) 440, 452

of pleas, &c. in abatement, (see titles (Abatement,) 446 to 466

of pleas in bar, (see title Pleas in Bar,) 469 to 576

sham pleas, 541 to 545

issuable pleas, 510, 511

of replications and new assignments, (see titles New Assignment and Replica
tions,) 577 to 650

of rejoinder and subsequent pleadings, (see title Rejoinders, &c.) 651, 652
of issues, (see title Issue,) 622 to 655

of repleaders, (see title Repleaders,) 655 to 657

of pleas puis darrein continuance, (see that title,) 657 to 661

of demurrers and joinders, (see title Demurrer,) 661

of pleading between 10th Angust and 24th October, 730

PLEADING RULES, 723 to 747

consequence of deviation from, 287, 740

pleas in, before, (see title Pleas,) 475 to 479
pleas since, 479 to 520

power of judges to make, 714

PLEAS IN GENERAL,

order of pleading, and consequence of non observance of it, 440

to the jurisdiction of the court, (see title Jurisdiction,) 441 to 446

in abatement and proceedings thereon, (see title Abatement,) 446 to 466
in bar, 469 to 574

defined, and several descriptions of, 469

criterion of, ib.

what facts can or not be pleaded in bar, ib.

must be matter of defence at law, not in equity, ib.

when not matter of practice, ib.

analytical table of defences, 471

observations on such table, 472

former indiscriminate use of general plea, non-assumpsit, &c. ib.

of pleas of partial denial, 473

what matters of defence allowed to be pleaded specially, ib.

division of the subject of pleas in bar, 474, 475

I. Of the several pleas in bar in each action, and when must be special, 474
First, Before the recent rules relating to pleading, 475 to 512

in assumpsit, (see title Assumpsit,) 475 to 481

general observations respecting, 475, 476

non-assumpsit when formerly requisite or sufficient, 476 to 479
when to plead specially, 479

in debt, (see title Debt,) 481 to 486

1, on simple contract, 481

2, on specialties, 481 to 485

3, on records, 485, 486

4, on statutes, 486

in covenant, (see title Covenant,) 486 to 488

in account, (see title Account,) 488

in detinue, (see title Detinue,) 486

PLEAS IN GENERAL-(continued.)

I. Of the several pleas in bar, &c.-(continued.)
in actions by or against executors, &c., 489
against heir or devisee, 490

in case, (see title Case,) 490 to 498

in actions for slander in particular, 491 to 497
when and how to justify specially, 494 to 497
plea of recaption in case for an escape, 497
of pleading specially in case, 498

in trover, (see title Trover,) 498, 9
in replevin, (see title Replevin,) 499

in trespass, (see title Trespass,) 500
the general rule, ib.

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 specially, 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,
713

pleadings in particular actions by Reg. Gen. Hil. T. 4 W. 4, 512 to
520, 738 to 745

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. 755

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
tion, 523

3, must answer all assumed to be answered, and no more, 523 to 525

4, must deny or confess and avoid the facts pleaded to, and herein of giving
color, and of pleas amounting to the general issue, 525 to 532

5, must be single, 535

6, must be certain, 533 to 539

7, must be direct and positive and not argumentative, 539

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
III. Rules of construction,

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,

analytical table of the parts, 548
general form given, ib.

1, title of the court, 549

2, title or date of time, ib. 455
when a special title proper, ib.

3, names of the parties in margin, 550
4, the commencement of the plea, ib.
name of the defendant, ib.

appearance in person or attorney, 550 to 552
defence, ib.

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, 741

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 Purs
Darrein, &c.)

OF PLEAS OF SET-OFF, (see title Set-off,) 568 to 576

POOR RATES,

replevin lies to try legality of, 164

if irregularity in distress for, party not a trespasser ab initio, 180
general avowery for, 499

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
POSSESSION,

what sufficient to support action for tort, 61, 62, 123, 129
when essential to support trespass as to personalty, 168 to 170
as to real property, 175 to 177
when and how to declare upon plaintiff's, 379 to 383

defendant's, 383

PRACTICE,

when matter of not pleadable, 449
PRÆCIPE AND ORIGINAL WRIT,

abolished in personal actions, 241, 709
PRÆDICTUS, 237, note (e)
PRÆMUNIRE,

plea of outlawry, if plaintiff under, 448
PRAYER OF JUDGMENT,

in a plea, general rule, 460, 558, 741
when not necessary in a plea, 559, 741

PRECEDENT CONDITION, (see title Condition Precedent.)
PRECEDENTS IN PLEADING,

why to be adhered to, 96, 232