560, n. (g). When it is sought to render defendant liable for permissive waste, the declaration should clearly show such liability on the face of it; Harnett v. Maitland, Exch., Jan. 20, 1847.

564, 3rd paragraph. Libel, &c.] It is only necessary to use the words " of and concerning" to show that the matters previously explained were stated with respect to the plaintiff; O'Brien v. Clement, 16 L. J. 77, Exch.

568, n. (b). O'Brien v. Clement, 3 D. & L. 676.

569, n. (f). A replication to this plea was held good on special demurrer, which stated that "the libel was not inserted without actual malice, and without gross negligence, modo, &c., nor did the defendant insert a full apology for the said libel according to the said statute, modo, &c., and that the plaintiff has sustained damages to a greater amount than the said sum of £-, (the sum paid into court);" Chadwick v. Herapath, 16 L. J. 104, C. P. The plaintiff may traverse as many of the facts in the plea as he wishes, he need not deny them all; id.

580. Slander of title.] Refer to Pater v. Baker, C. P., Jan. 16, 1847. 582, n. (o). Refer to Moore v. Gardener, Exch., Feb. 20, 1847.

590. Brown v. Thurlow, 16 L. J. 46, Exch.

592. Mischievous Animals.] The actionable negligence consists in keeping a mischievous animal after notice of its ferocious tendency, not in omitting to keep it secured, and therefore the declaration need contain no averment of the latter fact; May v. Burdett, 16 L. J. 64, Q. B.; Jackson v. Smithson, 4 D. & L. 45.

617. As to the value of the ship at the time of the accident, Brown v. Wilkinson, 16 L. J. 34, Exch.

647. Copyright.] By 5 & 6 Vict. c. 45, s. 16, notice must be delivered with this plea, specifying "the name of the author or first publisher, or the proprietor of the copy. right, together with the title of the book, and when and where it was first published." See Boosey v. Purday, 10 Jur. 1038, Exch.; Boosey v. Davidson, 4 D. & L, 147. 649. The plea of not possessed is not supported by proof that plaintiff is tenant in common with others who authorized the trespasses; Wilkinson v. Haygarth, 16 L. J. 103, Q. B.

652. Plea of judgment recovered in trover, giving colour; Cooper v. Shepherd, 15 L. J. 238, C. P.

656, obs. Libel, &c.] Letter to a bishop respecting misconduct of a clergyman, privileged; James v. Boston, 2 C. & K. 4. Where slander in answer to inquiry not privileged; Griffiths v. Lewis, 7 Q. B. 61. Privilege of a barrister; Needham v. Dowling, 15 L. J. 9, C. P. For Blagg v. Stint, read Blagg v. Sturt, 16 L. J. 39, Q. B. 656, n. (c). A plea justifying a charge that plaintiff " bolted" from a town without paying his creditors, must mention their names; O'Brien v. Clement, 16 L. J. 76, Exch.; and "quitting" a town no justification of "bolting" from it; O'Brien v. Bryant, 16 L. J. 77, Exch.

657, n. (c). Wilson v. Robinson, 7 Q. B. 68.

660, n. (k). Barnett v. Cox, 16 L. J. 27, Mag. Ca.

697. Tithes.] Refer to Sharpe v. Black, Feb. 25, 1847, Q. B.

703, 1. 8 from the bottom. Brown v. Thurloe, 16 L. J. 46, Exch.

724, Form 5. Excess.] This should be replied to a plea of son assault demesne, when it is uncertain who began the affray, and plaintiff contends that defendant was unnecessarily violent, Oakes v. Wood, 3 M. & W. 150; and so ruled by Pollock, C. B., at N. P., Grogan v. Hardey, Exch. Sitt. after H. T. 1847.

729. Plea by a railway company justifying under a bye-law taking plaintiff before a magistrate for not producing his ticket or paying his fare; Chilton v. London and Croyden Railway Company, 16 L. J. 89, Exch. This plea was held bad as not being warranted by the bye-law.

763. Justification of a distress for an amercement imposed for obstructing the jury of a manor court; Frost v. Lloyd, 16 L. J. 13, Q. B.

764, n. (g). Pannell v. Mill, 16 L. J. 91, C. P.

INDEX.

N.B. The Roman type refers to the Forms given in the Text, and the Italic to
the Notes and Observations.

ABANDONMENT OF CONTRACT, 384.-See RESCINDED CONTRACT.
of distress, 543,

of pleadings, after a demurrer to them, 25, n. (p).

plea must state party resident within færisdiétion, id.

may reply, bankruptcy or insolvency, id.

plea that a joint co-contractor is not sued, 210.

affidavit of truth of plea, 211.

plea must give the names of all liable, and of no others, 211, notë (h).
replication, that defendant is solely liable, 212.

that the party named in plea resides out of jurisdiction, íd.

that he is a bankrupt of insolvent; id.

plea of nonjoinder of co-executor, 213.

of plaintiff's coverturë; id.

when must be pleaded in abatement, or in bar, 213, f. (x), 214, n. (y), 302, n. (g).

plea of defendant's coverture; 214.

replication, defendant not married, id.

plea, another action pending, id., and see ADDENDA.

plea by an attorney, privilege of being sued in another suit, 215.

attorney sued jointly with another person loses his privilege, 215, n. (d).

plea need not allege that defendant is not attorney of court in which action brought,
216, n. (f ).

but that may be replied, id.

ABSTRACT.

count for not delivering, on sale of estate, 198.

ABSTRACT OF PLEADINGS, 24, n. (p).

ABUSIVE LANGUAGE.

plea justifying imprisonment for, under police act, 784.

ABUTTALS.

must be set out in trespass, 711, n. (g).

ACCEPTANCE OF GOODS SOLD.

counts for refusal, 178-180.

pleas to actions in assumpsit for not accepting, 385.

ACCEPTOR OF BILL.-See BILLS.

counts in assumpsit against, 79-82.

not liable unless bill addressed to hím, 80, n. (i).

plea denying acceptance, 267.

plea asserting, 269.

ACCIDENTS.

liability of railway companies, coach proprietors, &c. for, 522, obs.-See CARRIAGES.
case against railway companies, &c. for, 525.

the like, where the party was killed, and the action brought for benefit of his family, 526.
when should be specially pleaded in trespass, 720.

form of plea of, 721.

ACCESS.

case for obstructing plaintiff's access to his house, on a river, 594.
by erecting building hoard, 597.
access to plaintiff's wharf, 628.
rights of way, 631.

ACCOMMODATION BILL.

count for not indemnifying against, 134.

plea that bill given for accommodation, 274, 275.

ACCORD AND SATISFACTION.

In assumpsit.

accord without satisfaction no defence, 232, obs.

aliter in the case of a subsequent agreement on new consideration, id.
plea of accord and satisfaction after breach, 233.

that a bond has been taken in satisfaction, id.

acceptance as an act of the will must be proved, id. n. (t).
kind of goods, &c. given must be mentioned, id. n. (u).
but need not be of equal value with debt, id. n. (x).
law of merger in higher securities, id. n. (g).

replication in denial, 233, and see ADDENDA.

plea to a note, satisfaction under an agreement of work, goods, &c. 234.
agreement must not be alleged to be after performance, 234, n. (b).

plea of satisfaction under a power of sale, 235.

by giving a guarantee of a third person, id.

by a warrant of attorney given to plaintiff and another, id.
plea to an annuity, satisfaction, by defendant's forbearance to a third person at plain-
tiff's request, 236.

plea of satisfaction to one of three plaintiffs, 237.

plea that plaintiff and E. F. were indebted to defendant, and agreement of satisfac
tion by set-off, id.

plea of satisfaction by defendant paying a debt of plaintiff's to a third person, 238.

mode of replying to this plea, 238, n. (ƒ).

plea that a third party was indebted to defendant, and agreement that plaintiff would
accept such third party as his debtor instead of defendant, 239.

plea that contract was made with an agent of plaintiff, to whom defendant credited
cause of action in satisfaction, 240.

accord, &c. cannot be pleaded to debt on a judgment, 457, n. (s).

ACCOUNT.-See ACCOUNTANT-AGENTS.

count in assumpsit against agents for not rendering, 51.

ACCOUNT STATED.-See ACCORD AND SATISFACTION.
indebitatus count for, when it will lie, 45-48.

I. O. U. is evidence under, 46.

particulars under, 50, n. (x).

effect of non assumpsit when pleaded to, 224.

may show errors in the account under that plea, id.

or that defendant only collaterally liable, id.

but not fraud or illegality, id.

nor that subsequent account was in defendant's favour, id.

when should be answered by special plea, 240, obs., and see ADDENDA,

when debt may be averred to be identical with that in another count, 240, obs., 327,

n. (e), 374, n. (ƒ), and see ADDENDA.

plea that debt in account stated is same as that in another count, 374.

ACCOUNTANT.-See AGENT.

count for refusing to continue plaintiff in employ as, and pleas, 164.
case against, for negligence in making out accounts, 511.

ACTION, NOTICE OF.

plea of no notice of action as required by a local act, 737.
the like, by bailiff of inferior court, id. n. (k).

what acts are local and personal, 737.

what conduct entitles defendant to protection of, id. n. (m).
form of notice of action under local statutes, 794.

ACTIONEM NON.

when necessary in a plea, 21, n. (ƒ).

ACTOR.

assumpsit for his salary, 163.

ACTS OF PARLIAMENT, LOCAL AND PERSONAL.-See STATUTE.

what are, 737, n. (!).

plea of no notice of action as required by, 737.

general issue under, 442, obs.

limitation of actions under, 660.

form of notice of action under, 794.

ADDRESS.

necessary in bill to charge acceptor, 80, n. (i).

ADJOINING HOUSE.

case for negligence in pulling down, 594.
ADMINISTRATION, LETTERS OF.
profert of, 9.

must be stated by what bishop granted, 9, n. (t).
limited, for the purpose of bringing action, id.
demurrer for not making profert of, 35.

ADMINISTRATORS.

declarations against.-See EXECUTORS, 112.

pleas relating to.-See EXECUTORS, 307.

plea that letters of administration are void on account of bonâ notabilia in another diocese,
241.

plea that defendant is not administrator, 242.

non-joinder of, as plaintiff, should be pleaded in abatement, 229.

declaration against, in covenant, 480, n. (y).

counts in trover by and against, 682.

count in trespass by, for seizing goods, 709, n. (t).

ADULTERY.-See CRIM. CON.

may be shown under general issue in assumpsit, 230.-See SALE OF GOODS.

ADVERTISEMENT.-See REWARD,

count on, for reward offered by, 175, and see ADDenda.

AFFIRMATIVE MATTER.

plea containing, should not conclude to the country, 22, n. (g); 37, n. (e).
but should be denied if it does, id.

AFFRAY.

when will justify imprisonment, 726, obs., 730, obs.

requisites of plea justifying imprisonment for, 738, n. (q).

AGENTS, 51.-See ATTORNIES, 67-BAILEES-BROKERS-MASTER And Servant.
Declarations in assumpsit.

by an agent for commission, 51.

brokers-commission recoverable, &c. 51, n. (a).

against, for not accounting for goods sold by, 51.

for not using care in selling, 52.

for not obeying a principal's orders, 53, and another form, 54.

for violation of ditto in effecting an insurance, id.

for selling for less than stated prices, and not delivering up remainder, id.

against auctioneer for selling on credit, 55.

against commission agent for proceeds of sale, 53.

AGENTS-continued.

against a ship agent for not procuring cargo, 55.

not stowing ditto, 56.
not forwarding goods, 57.

against an agent for not taking up a bill, 58.

against a bill broker for not getting a bill discounted, 59,

against a distraining broker, employed by plaintiff, for negligence, &c. id.

by a purchaser, against an agent, for selling goods without authority of principal, 60.
agent for plaintiff drawing bill, may state plaintiff drew, 79, n. (ƒ),

Pleas in assumpsit.

effect of non assumpsit in action against, 224.

denies retainer, &c. but admits request to account, and refusal, id,
pleas in action against, that defendant did not sell, 242.

that he was not required to account, id.

that be rendered an account, id.

that he used due care in selling, 243.

that plaintiff did not order defendant to sell, id.
that defendant could not obtain the price, id.
sold part at such price, id.

used due care in trying to obtain price, id.

that plaintiff delayed sale himself, id.

plea to a count for money had, &c. that defendant received it as plaintiff's agent, and
that it was stolen from him, 244.

plea to goods sold, that defendant bought them of plaintiff's agent as the apparent
principal, and that he has a set-off against him, 399.

Declarations in case, 511.

against a West India agent for drawing bill in plaintiff's name, id.
against an accountant for negligence in making out accounts, id.
against an insurance broker for not effecting insurance, id.

against a broker for selling on credit, id.

against a commission agent for selling for too low prices, id.

for employing an agent to sell a house, who falsely represented it was rate-free, 554.
for inducing plaintiff to employ an agent who was not trustworthy, 556.

by a railway company, against an engineer, for not getting plans prepared in time to
go to parliament, 606.

Pleas in case.

effect of not guilty in actions against, 639.
plea denying that defendant was retained as, 643.

AGGRAVATION.

in trespass, expulsion from a house is primá facie, 711, n. (e).
should not be answered in a plea of justification, 722, n. (b).

AGISTMENT.

count in promises for, 62.

AGREEMENT.

special count in assumpst for work done under, 208.

ALIEN.

not under seal, no defence in covenant, 489, obs., and 497, LEAVE AND LICENSE.

may maintain an action for libel, 570.

plea in trespass that plaintiff was an alien, 757.

ALTERATION OF WRITTEN DOCUMENT.
avoidance under stamp laws by, 273, n. (u).
may be shown under non assumpsit, &c. 225.
or under any plea in denial, 266.

so also alteration avoiding instrument at common law, id.
unless declared on in its altered state, 225, 266.

indorsee v. acceptor of bill-plea of alteration, 273.

on this plea defendant must produce bill at trial without notice, 266, obs., 273, n. (u),
plea to a guarantee that it was avoided by being converted into a specialty without de
fendant's consent, 323.

plea of, in covenant, 489.

ALTERNATIVE.