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Art. 11. Another action pending, &c. in abatement.

12. Several matters in abatement, also non tenure and disclaimer, &c.

CHAPTER CLXXVII.

CERTAIN PLEADINGS OYER AND AID PRAYER, PAROL DEMURRER, COGNISANCE, TENDER, &C. PROTESTANDO ES, ESTOPPELS, AVERMENTS, &c.

GIVING COLOUR, NOTICE AND REQUEST, PLEAS SINCE THE LAST CONTINUANCE.

Art. 1. Oyer of deeds.

2. Voucher.

3. Aid prayer.

4. Parol demurrer.

5. Cognisance claimed.

6. Tender and bringing money into court.

7. Protestandoes.

8. Estoppels, further cases.

9. Averments, &c.

10. Giving colour.

11. Notice and request.

12. Pleas since the last continuance.

CHAPTER CLXXVIII.

PLEADINGS, PLEAS IN BAR.

Art. 1. General principles.

2. Issue how formed.

3. Immaterial issues.

4. Informal issues.

5. As to pleas amounting to the general issue.
6. Where special matter may be pleaded.
7. Pleas proper to each kind of action.

8. Proper plea in account.

9. Auditá querelá, proper pleas in. 10. Case of torts, proper pleas in. 11. In covenant, proper pleas in. 12. In debts, proper pleas in.

13. In dower, proper pleas in.

14. Ejectment, proper pleas in.

15. Land actions, proper pleas in, operative words in declarations

in land actions.

16. Pleas to meet these points.

17. Matters of justification must be pleaded, and notes.

Art. 18. Cui in vita; dum fuit non compos mentis, dum fuit infra ætatem.

19. Advancement specially pleaded in bar.

20. Pleadings in inquests of office or information of intrusion.

31. Title and seisin how pleaded.

22. Pleas of former judgment in bar.

23. Several other cases of pleas in bar, &c. in real or land actions.

24. Special pleas in bar, &c. giving colour in these actions.

25. Statutes of limitations in real actions and cases in equity.

26. Pleas proper in replevin, reference, &c.

27. Pleas proper in reviews, reference, &c.

28. Pleas proper in scire facias, reference, &c.

29. Pleas proper in trespass vi et armis, reference, &c.

30. Pleas proper in trover, reference, &c.

31. Pleas proper in waste, reference, &c.

32. Pleas proper as to voucher, ways, &c. reference, &c.

33. Several points further in land actions, especially notice to quit.

CHAPTER CLXXIX.

GENERAL PLEAS IN BAR.

Art. 1. General principles.

2. Acceptance of something in satisfaction.
3. Acquittance.

4. Accord and satisfaction, and notes.

5. Award.

6. Coverture in bar.

7. Duress.

3. Infancy.

9. Judgments in former actions.

10. Never bailiff; never executors or administrators

11. Non damnificatus and saved harmless.

12. Plea non est factum.

13. Not guilty, and nul tiel record.

14. Payment or performance.

15. Fully administered.

16. A release pleaded.

17. Saved harmless.

18. Usury.

19. The statutes of limitations.

20. Special matters of excuse or justification.

CHAPTER CLXXX.

PLEADINGS, REPLICATIONS, DUPLICITY, PLEADINGs double, dePARTURE, REPUG-
NANT PLEAS, ARGUMENTATIVE PLEAS, NEGATIVE PREGNANT, SURPLUSAGE, SUB-
STANCE, FORM, TRAVERSE, PROFERTS, SHAM PLEAS, PLEADING TO AVOID PRO-
LIXITY, MATTERS PLEADED ACCORDING TO THEIR OPERATION IN LAW.
Art. 1. Replications.

2. Duplicity.

3. Pleading double by leave of court.

4. Departure.

5. Repugnant pleas.

6. Argumentative pleas.

7. Negative pregnant.

8. Surplusage.

9. Substance, form.

10. Traverse.

11. Proferts.

12. Sham pleas.

13. Pleading to avoid prolixity.

14. Matters pleaded according to their operation in law.

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Art. 3. New trials.

4. New trial allowed for sundry causes specified under certain heads.

5. For various other matters.

6. American cases.

7. Criminal cases.

8. Difference between new trials and venire facias de novo.

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2. Principles of the common law.

3. English statutes of amendments and jeofails.

4. Massachusetts statutes and rules of court as to amendment, &c.

5. Common law, and said statutes, material distinctions.

6. Adjudged cases of amendment, &c.

7. As to what amendments the court will allow or not.

8. Mistakes of the clerks, or of the party.

9. Matter aided by plea of the other party, by verdict.

10. Amendment by release of part, &c.

11. Citations from Blackmore's case.

12. American cases of amendment.

CHAPTER CLXXXV.

JUDICIAL PROCEEDINGS, AMENDMENTS, &C. IN PARTICULAR PARTS THERE

Art. 1. Declaration.

2. Pleas, replications, &c.

OF.

3. Record and judgment, how amendable or not.

4. Jury process and issue.

5. Land actions, how amended or not.

6. Criminal cases.

7. Informations, how amendable or not.

8. Sundry matters, mandamus, return of process.

9. As to bail, variance, form and substance, by what court, &c.

CHAPTER CLXXXVI.

PELADINGS. AUDITA QUERELA, MANDAMUS, PROCEDENDO, PROHIBITION,

Art. 1. Audita querela.

&c. &c.

2. Mandamus.

3. Procedendo.

Art. 4. Prohibition generally.

5. Admiralty jurisdiction.

6. Hypothecation.

7. Seamen's wages, &c.

8. Other cases of prohibition in admiralty causes.

9. American cases.

10. Constitution and statutes of the United States.

11. Other admiralty causes decided in the United States. 12. Quo warranto, and information in the nature of.

13. American cases decided.

14. Further English cases in which the process lies, and the principles of which are of use in our practice.

15. Further English cases, in which the process lies not.

16. Further modes of proceeding in quo warranto informations. 17. Protections.

18. Manner of pleading a safe conduct.

CHAPTER CLXXXVII.

PLEADINGS, COurts, their pOWER, &c.

Art. 1. Courts generally, and general principles.

2. Supreme Court of the United States.

3. Circuit courts.

4. District courts.

5. Powers common to all these courts.

6. Courts in Federal territories.

7. Decisions as to the powers and duties of Federal courts, and what Federal and what State jurisdiction.

8. Courts in Massachusetts.

9. Massachusetts Colony courts.

10. Massachusetts Province courts.

11. Massachusetts Commonwealth courts, Supreme Judicial Court. 12. Court of Common Pleas.

13. Court of General Sessions of the peace.

14. Courts of justices of the peace.

15. Probate courts.

16. Some cases of construction as to the powers of these courts. 17. General rules of the common law, as to the powers and duties

of courts.

18. Maxims in law binding on all courts.

19. Cognisance of courts, some cases disputed and decided.

20. General Court, or legislature, in Massachusetts, its powers and duties, &c.

VOL. I.

10

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