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months after the date thereof, which period had elapsed before the commencement of this suit: And the said E. F. then indorsed the said bill [to I. K., who then indorsed the same] to the defendant, who then indorsed the same to the plaintiff: And the said G. H. did not pay the said bill, although the same was presented to him on the day when it became due; whereof the defendant then had due notice: And the defendant then, in consideration of the premises, promised the plaintiff to pay him the amount of the said bill when he the defendant should be thereunto afterwards requested. [If the case render it expedient, add a count on the consideration for the indorsement and on an account stated, and breach, as ante, 27, No. 9; at all events insert a breach.]

40. The like, by Drawer against Acceptor of Foreign Bill payable in English Money.

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A.D.

For that whereas the plaintiff, on the in parts beyond the seas, (to wit,) at Antwerp, in the kingdom of Belgium, made his bill of exchange in writing, and directed the same to the defendant, and thereby required the defendant to pay to the plaintiff £— months after the date [&c. proceed in this case as on an inland bill, as ante, 33, No. 27.]

41. Declaration on a Bail-bond.

See the form, post. Index, tit. BAIL-BOND.

42. Other Forms of Declaration.

See a form of Declaration in Replevin, in Ejectment, in Scire Facias, &c. post. Index, title REPLEVIN, EJECTMENT, SCIRE FACIAS, &c.

43. Notice of filing Declaration, and to plead, where the Plaintiff enters an Appearance for Defendant.

In the Q. B. [or "C. P." or " Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. Take notice, that a declaration, dated the day of last, [or "instant,"] is filed in the office of the Masters of this Honourable Court, at —, against you, at the suit of the above-named plaintiff, in an action on promises, (or as the action is,) and unless you plead thereto in four [or "eight," as the case may require, see 1 Chit. Ar. Pr. 153,] days from the service hereof, judgment will be signed against you by default. Dated the day of Your's, &c. P. A. plaintiff's attorney, [or "agent."]

1839.

To Mr. C. D. the above defendant.

[See 1 Chit. Ar. Pr. 141, 142.]

44. Affidavit to obtain Leave to stick up a Notice of Declaration in the

Office.

In the Q. B. [or "C. P." or " Exch. of Pleas."]

Between A. B. plaintiff and C. D. defendant. P. A. of -, attorney for the above-named plaintiff, maketh oath and saith, that this action was commenced on the day of last, [or "instant,"] by a writ of summons, and this deponent (according to the fact) on the day of last, [or "instant,"] personally served the said defendant with a copy of the said writ, and which appeared to this deponent to have been [or "was"] regularly issued out of and under the

seal of this Honourable Court, against the said defendant at the suit of the said plaintiff, to which said copy memoranda' were subscribed and indorsements made thereon, pursuant to the statute in such case made and provided. And this deponent further saith, that the said defendant hath not appeared in this action, [or “had not appeared in this action before or at the hour of in the afternoon of the day of last (or "instant") and he has not to the best of this deponent's knowledge and belief since appeared thereto."] And this deponent further saith, that since the said service, he hath made diligent inquiries after and to ascertain the residence and place of abode and resort of the said defendant; but that he hath not been able to ascertain either, and as well the residence as the place of abode and resort of the said defendant are wholly unknown to him, and that he is not able to ascertain the same, nor doth he know where to find or direct to him the said defendant, nor hath he been able to serve the said defendant personally, or otherwise howsoever, with a notice of declaration in this cause, which hath been duly filed in the proper office, with notice requiring the said defendant to plead thereto in

days. And this deponent further saith, that [&c. here state actual facts as to the deponent's inquiries after the defendant, and make the affidavit as strong as possible, for the application will not be granted unless the most satisfactory inquiries have been made after defendant.]

[See 1 Chit. Ar. Pr. 141, 142.]

SECTION II.

THE PLEA, &c.

1. Notice to plead upon a Declaration delivered absolutely (a). The defendant is to plead hereto in four days, [or "eight days," as the case may require,] otherwise judgment.

[See 1 Chit. Ar. Pr. 136, 152.]

2. Notice to plead on a Declaration when filed. [See the forms, ante, 37. 1 Chit. Ar. Pr. 136, 141.]

3. Præcipe for a Rule to plead.

In the Q. B. [or " C. P." or " Exch. of Pleas."]

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B.

V.

D. S

Unless the defendant shall plead within four [or "eight"] days, let judgment be entered for the plaintiff.

By the Court.

5. Demand of Plea when indorsed on Declaration.

The plaintiff demands a plea herein, by P. A. plaintiff's attorney,

[See 1 Chit. Ar. Pr. 158, 159.]

(a) Declaring de bene esse may be considered as virtually obsolete

[or "agent."]

since 1 & 2 Vict. c. 110. See 1 Chit. Ar. Pr. 134.

6. Demand of Plea when not indorsed on Declaration. In the Q. B. [or "C. P." or "Exch. of Pleas."] A. B. v. C. D. The plaintiff demands a plea in this cause, by To Mr. D. 4. defendant's attorney,

[or "agent."]

Your's, &c.

P. A. plaintiff's attorney, [or "agent."]

[See 1 Chit. Ar. Pr. 159.]

7. Term's Notice of Intention to proceed.

1839.

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In the Q. B. [or " C. P." or " Exch. of Pleas."] A. B. v. C. D. Take notice, that the plaintiff intends to proceed in this cause after the end of the ensuing term, by giving a rule to plead herein. Dated the day of, 1839.

To Mr. D. A. defendant's attorney,

B.

V.

D.

[or "agent."]

Your's, &c. P. A. plaintiff's attorney, [or "agent."]

[See 1 Chit. Ar. Pr. 155.]

8. Summons for Time to plead.

Let the plaintiff's attorney or agent attend me, at my chambers in Rolls' Garden, to-morrow [or "on

of the clock in the forenoon [or "afternoon"], to show cause why the defendant should not have a month's [further] time to plead.

1839.

-"], at

Dated this

day

[Judge's signature.]

[See 1 Chit. Ar. Pr. 160.]

B.

V.

9. Order thereon.

Upon hearing the attornies or agents on both sides, I order that the defendant have [a month's] further (a) time to plead, [after a D. delivery of particulars,] he pleading issuably, rejoining gratis, and taking short notice of trial before the sheriff if a writ of trial be ordered, or for the first sittings in the next term [or "for the assizes," or otherwise,] if necessary, or in default of pleading, taking the like short notice of executing a writ of inquiry. [The Judge may omit such of these terms or impose others, as he may think fit. See 1 Chit. Ar. Pr. 160.] Dated the — day of

1839.

[Judge's signature.]

10. Rule to plead double, where no Summons or Order requisite. In the Q. B. [or “ C. P.” or “ Exch. of Pleas."]

B.

Term,

Victoria.

It is ordered, that the defendant have leave to plead several matV. ters, to wit, [here state the substance of the pleas concisely. The D. pleas which may be thus pleaded together, without a summons, or order, are as follows: viz. non assumpsit, or nunquam indebitatus (b), or

(a) If the word "further" be omitted, the time will be reckoned from the date of the order; Lane v. Parsens, 5 Dowl. 359.

(b) In the rule of T. T. 1 Will. 4, r. 13, 1 Chit. Ar. Pr. 178, the plea of nil debet, and not that of nunquam in

debitatus, is mentioned; but the plea of nil debet was abolished by the rule of H. T. 4 Will. 4, 1 Chit. Ar. Pr. 186. The plea of nunquam indebitatus comes within the spirit of the rule of T. T. 1 Will. 4, and is so considered in practice.

non detinet, with or without a plea of tender as to part, a plea of the statute of limitations, set-off, a bankruptcy of the defendant, discharge under an insolvent act, plene administravit, plene administravit præter, infancy, and coverture, or any two or more of such pleas, but there must be this rule for pleading them.] Dated the day of

B.

V.

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[See 1 Chit. Ar. Pr. 172 to 180.]

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A. D.

11. Summons for Leave to plead several Matters.

Let the plaintiff's attorney or agent attend me, at my chambers in Rolls' Garden, to-morrow [or “on -"] at of the clock D. of the forenoon, [or "afternoon,"] to show cause why the defendant should not have leave to plead several matters in this cause, to wit, [here state concisely the nature of the proposed pleas, or anner an abstract, and say, "the several matters in the abstract annexed."] Dated the day of

Б.

V.

D.

A. D.,

[Judge's signature.]

[See 1 Chit. Ar. Pr. 172 to 180.]

12. Order thereupon.

Upon hearing the attornies or agents on both sides, I order that the defendant have leave to plead several matters in this cause, to wit, [here state concisely the nature of the pleas, according to the Judge's permission, or annex an abstract, and say, "to plead the several matters in the abstract annexed."] Dated the day of, A. D. 1839. [Judge's signature.]

13. Rule thereon.

In the Q. B. [or "C. P." or " Exch of Pleas."]

B.

V.

Term,

Victoria.

Upon reading the order of the Honourable Mr. Justice [or " Baron,"] dated the day of, 1839, it is ordered, that D. the defendant have leave to plead several matters, to wit, [state the abstract of the pleas, as in the Judge's order.] Dated the

A. D.

day of By the Court.

Forms of Pleas.

[The following forms of pleas are those only which are simple in their nature and in common use, and which the attorney may in most cases himself prepare. But if there be any doubt or difficulty, let him get the plea drawn or settled by his counsel or special pleader.]

14. Plea of Non-assumpsit.

In the Q. B. [or "C. P." or " Exch. of Pleas."]

On the day of, in the year of our Lord B. And the defendant, by D. A. his attorney, says, that he did not ats. promise [or if the declaration allege an undertaking, say, "underD. take or promise,"] in manner and form as the plaintiff hath above thereof complained against him; and of this the defendant put himself upon the country, &c.

15. Plea in Debt, that Defendant never was indebted.

As in form, supra, No. 14, to the*, and then thus: "that he never was indebted in manner and form as in the declaration alleged; and of this the defendant puts himself upon the country," &c. (a)

As in form, supra, writing obligatory [or poll,] is not his deed; country," &c.

16. Plea of Non est Factum.

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No. 14, to the*, and then thus: "that the said indenture,' or 'articles of agreement,' or deed and of this the defendant puts himself upon the

17. Plea of Not Guilty, in Case or Trover.

As in form, supra, No. 14, to the *, and then thus: "that he is not guilty of the premises above laid to his charge, or any of them, or any part thereof, in manner and form as the plaintiff has above thereof complained against him; and of this the defendant puts himself upon the country," &c.

18. Plea of Not Guilty, in Trespass.

As in form, supra, No. 14, to the *, and then thus: "that he is not guilty of the said supposed trespasses above laid to his charge, or any or either of them, or any part thereof, in manner and form as the plaintiff has above thereof complained against him; and of this the defendant puts himself upon the country," &c.

19. Commencement of Plea by Infant, defending by Guardian. In the Q. B. [or "C. P." or " Exch. of Pleas."]

D.

ats.

B.

On the day of in the year of our Lord

And the defendant by G. G. who is admitted by the court of our lady the queen now here, [or in C. P. " by the justices of our lady the queen of the Bench here," or in Exch. "by the barons of her majesty's Exchequer here,"] to defend for the defendant, who is an infant within the age of twenty-one years, as the guardian of the defendant, says, that he the defendant did not promise, &c. [or as the plea is.]

20. Plea of Judgment recovered.

See form, post, Book II. Part III.

Other Pleas referred to.

[See other forms of pleas of payment of money into court, pleas of plene administravit, &c. and pleas in ejectment, replevin, scire facias, and in abatement, and puis darrein continuance, referred to in the index of this work.]

(a) See R. H. 4 Will. 4, Chit. Ar. Pr. 186.

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