sor was seis [Actio non, as ante, 469.] Because he saith that the said E. F. IN GENERAL. deceased, at the time of the making of the said indenture, was seised Plea that lesonly in his demesne, as of freehold, for the term of his natural life, of ed for life, and in the said demised premises with the appurtenances, and conti- and not in fee (ƒ). nued so seised thereof, until and at the time of his death, and that after the making of the said indenture, and before the expiration of the said term, to wit, on, &c. at, &c. aforesaid, the said E. F. died; whereupon the said indenture, and the term thereby created wholly ceased and determined; without this, that at the time of the making of the said indenture, the reversion of and in the said demised premises with the appurtenances, belonged to the said E. F. and his heirs, in manner and form as the said A. B. hath above in his said declaration in that behalf alleged. And this, &c. [Conclude with a verification, as ante, 470, sixth precedent.] [Actio non, as ante, 469, first precedent.] Because he saith that all Plea by assignee trathe estate, right, title, interest, and term of years then to come and versing the unexpired, property, claim, and demand whatsoever of the said E. F. assignment to him (g). of and in the said premises with the appurtenances, by assignment thereof duly made, did not come to and vest in the said C. D. in manner and form as the said A. B. hath in his said declaration in that behalf alleged. And of this he the said C. D. puts himself upon the country, &c. Premises not *[Actio non, as ante, 469, first precedent.] Because he saith that [*549] the said messuage and tenement farmhouse and outhouses thereunto out of repair belonging, were not, nor are, nor was, nor is any part thereof ruinous, (h). prostrate, fallen down, or out of repair, in manner and form as the said A. B. hath above thereof complained against him the said C. D. and of this he the said C. D. puts himself upon the country, &c. (f) See 2 Wils. 143. in which to covenant by an heir a similar plea was held sufficient on demurrer, and see the precedent, 8 T. R. 488.-1 New Rep. 160.-A lessee or assignee cannot plead nil habuit or a general traverse of the lessor's estate, or that he had only an equitable interest, but he may shew that the lessor was entitled to a different estate, see 2 Stra. 817.8 T. R. 487.-1 New Rep. 160.-2 Saund. 207. b. 418. n. 1. (g) The words of the traverse of the assignment are to be in the nega. tive of that part of the declaration. (h) The plea to the breach of cove. nant for not repairing should be conformable to the breach, and may be either that the defendant did repair, &c. in the words of the covenant, or that the premises were not out of repair as above in the negative of the breach, usually assigned in the decla ration. OTHER PLEAS TO COVENANT PARTIES, AP- DEEDS, &C. See the pleas to debt on leases, ante, 533 to 535, which may readily be adapted to the action of covenant, and see the great variety of pleas in covenant on different deeds, indexed in 5 Wentw. Index exxvii. to CXLIV. and Com. Dig. Pleader, 2 V. 4 to 18. Pleas in covenant so much depend on the particular facts of each case, that it would not be practicable in a concise collection of precedents of this nature to give forms in every case. The few precedents in the preceding pages will suffice. IN GENERAL, C. D. Statute of liimitations (b). Accord and ats. Term, 51 Geo. S. And the said C. D. by E. F. his attorney, comes and defends A. B. the wrong and injury, when, &c. and says that he is not guilty of the said supposed grievances above laid to his charge, in manner and form as the said A. B. hath above thereof complained against him. And of this he the said C. D. puts himself upon the country, &c. [First plea, general issue, as supra. 2d, actio non, as ante, 469, third precedent.] Because he says that he the said C. D. was not guilty of the said supposed grievances in the said declaration mentioned, or of any or either of them, at any time within six years next before the exhibiting of the bill of the said A. B. against him the said C. D. in this behalf, (or, if in C. P. or by original, say "next before the commencement of this suit,") in manner and form as the said A. B. hath above thereof complained against him the said C. D. And this, &c. [Conclude with a verification, as ante, 470, sixth precedent.] [First general plea, as supra. Second plea, actio non, as ante, 469, satisfaction third precedent.] Because he says that after the committing of the (c). said grievances as aforesaid, and before the exhibiting of the bill of the said A. B. against him the said C. D. in this behalf, (or if in C. P. or by original, “before the commencement of this suit,") to wit, [*551] (a) As to what may be given in evi- (b) As to this plea, see 6 East. 387. may be given in evidence under the general issue in case, but not in trespass, 3 Burr. 1353.-1 Bla. Rep. 388. s. c. It is, however, in general advisable to plead it. on, &c. at, &c. aforesaid, he the said C. D. paid to the said A. B. the FOR SLANDER. sum of £ of lawful money of Great Britain, for and in full satisfaction and discharge of the said grievances, in the said declaration mentioned, and which said sum of £- he the said A. B. . then and there accepted and received of and from the said C. D. in full satisfaction and discharge of the said grievances. And this, &c. [Conclude with a verification, as ante, 470, sixth precedent.] of words of [First plea, general issue, as ante, 550. Second plea, as follows:] Justification And for a further plea in this behalf as to the speaking and publish- theft, that ing of the said several words of and concerning the said A. B. as in plaintiff was the said counts mentioned, the said C. D. by leave of the court theft (d). guilty of here for this purpose first had and obtained, according to the form of (*552) the statute in such case made and provided, saith that the said A. B. ought not to have or maintain his aforesaid action thereof against him, because he says that the said A. B. before the speaking and publishing of the said several words of and concerning him the said A. B. as in the said counts mentioned, to wit, on, &c. at, &c. did feloniously steal, take, and carry away certain goods and chattels, to wit, of one E. F. of great value, to wit, of the value of £ wherefore he the said C. D. afterwards, to wit, at the said several times in the (d) See the precedents and notes, 1 Saund. 234. n. 6.-8 Wentw. Ind. XII. to xv. and how to frame these pleas in general, see Com. Dig. Pleader, 2 L. 2, 3, 4, 5, 6, 7. It is necessary to state the specific offence of which the plaintiff has been guilty, together with the time and place in which it was committed, and it must necessarily be that species of offence with which the defendant charged the plaintiff, 1 Saund. 244. n. 6.—1 T. R. 750.-1 Taunt. 545. and the law does not allow of pleas of justification containing general charges of fraud or felony committed by the plaintiff, because they do not apprize the plaintiff of the specific defence which is intended to be set up, 1 T. R. 748.-1 Taunt. 543. It was formerly usual in the plea to repeat the words mentioned in the declaration, but this is no longer the practice, 1 Saund. 244. n. 6. unless the defendant only justifies speaking part of the words in any par- counts mentioned, FOR SLANDER. Said counts mentioned, at, &c. aforesaid, did speak and publish the said words of and concerning the said A. B. as in the said counts mentioned, as he lawfully might for the cause aforesaid. And this, &c. [Conclude with a verification, as ante, 470, sixth precedent.] Justification counts [First plea, general issue, as ante, 550. Second plea, actio non, as of words of ante, 551.]-Because he says that before the speaking and publishing perjury that plaintiff was the said words of and concerning the said A. B. in the said guilty of per- mentioned, to wit, on, &c. at, &c. at the assizes then and there holden, jury (e). before then chief justice of our said lord the king, assigned to hold pleas before the king himself, and then one of the justices of our said lord the king, assigned to hold pleas before the king himself, justices of our said lord the king, appointed to take the assizes for the said county, according to the form of the statute in such case made and provided, a certain issue before then duly joined in an action brought and prosecuted in the court of our said lord the king, before- and his companions, then justices of our said lord the king of the Bench at Westminster, in the county of Middlesex, by and at the suit of one E. F. as the plaintiff against one G. H. as the defendant for the supposed breach of certain promises and under[*553] takings *alleged by the said E. F. to have been made to him by the said G. H. and not performed, came on to be tried in due form of law, and (e) See the precedents, Ast. Ent. 21. Thomp. Ent. 65. 3 Inst. Cl. 234. 7. 8 Wentw. Ind. XII to xv. 1 Taun ton. 543. and the notes to the last precedent, and Com. Dig. Pleader, 2 L. S. &c. aforesaid, then and there to wit, on, &c. aforesaid, at, &c. aforesaid, FOR SLANDER. falsely, wickedly, wilfully, maliciously, and corruptly, and by his own act and consent did say, depose, swear, and give evidence, amongst other things at and upon the said trial, to and before the said jurors so sworn, to try the said issue as aforesaid, and the justices aforesaid, that, &c. (here state that part of the plaintiff's evidence in which he committed perjury.) Whereas in truth in fact, &c. (here negative the plaintiff's evidence as in an indictment for perjury.) And the said A. B. did thereby in the said court at the said assizes so holden as aforesaid, upon his said oath upon the trial of the said issue, falsely, wickedly, wilfully, and corruptly, commit wilful and corrupt perjury; wherefore the said C. D. at the said several times, when, &c. in the said counts mentioned, at, &c. aforesaid, spoke and published of and concerning the said A. B. the said several words in the said counts mentioned, to have been spoken and published by him the said C. D. of and concerning the said A. B. as it was lawful for him to do for the cause aforesaid. And this, &c. [Conclude with a verification, as ante, 470, sixth precedent.] [*554] words of in [First plea, general issue, as ante, 550. Second plea, actio non, Justification as ante, 551.]—Because he says, that the said A. B. at the said several solvency, times, when, &c. in the said counts mentioned, at, &c. afore- that plaintiff wasinsolvent said, was in bad and indigent circumstances, and incapable of paying his just debts, to wit, a certain just debt amounting to a large sum of money, to wit, the sum of £- which he then and there owed to one E. F. for, &c. (here state the subject matter of the debt,) and a certain other just debt amounting to another large sum of money, to wit, the sum of £- which he the said A. B. then and there owed to one G. H. for, &c. (enumerating as many debts as can be proved to have been long in arrear.) And which said several debts the said A. B. was then and there unable to pay. And this, &c. [Conclude with a verification, as ante, 470, sixth precedent.] [First general issue, as ante, 550. Second plea, actio non, as ante, 551.]-Because he says that before the speaking and publishing of the said several words in the said counts mentioned, and therein supposed to have been spoken and published by the said C.D. of and concerning the said A. B. to wit, on the said several days in the said counts mentioned, at, &c. aforesaid, the said C. D. spoke and published the following words of and concerning the said A. B. that (ƒ) As to the mode of framing this plea, see ante, 551. note d. and Com. Dig. Pleader, 2 L. 3, &c. is (g) As to this plea and the precedents, see 7 T. R. 17 to 19. 2 East. 426. Ante, 551. note, d. and Com. Plea that a 3d person was the author of the slander which defen dant at the time of his repeating it, stated to the hearers (g). |