debt for penalties on 10 Geo. 2, c. 28, s. 2, for acting unlicensed plays, 426.
for penalties for infringing dramatic literary property, id.

Executors.-See EXECUTORS, 426.

Extortion.-See BAILIFF, 426-EXTORTION-SHERIFF.

Fraudulent Conveyances.

debt on the 13 Eliz. c. 5, to recover the penalties for making a fraudulent con-
veyance, 427.

Judgment.-See JUDGMENT.

debt on, of one of the superior courts, 427.

Landlord and Tenant.—See LANDLORD, &c., 428.

debt for rent on a demise under seal not showing the indenture specially, id.
by a landlord for double value for holding over after notice to quit given by the
landlord, 429.

Mortgage Deeds.-See MORTGAGE.

debt on the covenant in a mortgage deed, 431.

Poundage.-See BAILIFF-SHERIFF.

debt by a sheriff for poundage and fees, 432.

Promissory Notes.-See BILLS.

payee of note against maker, 432.

Public Company. Railroad.-See PUBLIC COMPANY, 432.

Public Company.-See PUBLIC COMPANY.

declaration in debt for calls, 433.

Recognizance of Bail.

declaration in debt on a recognizance of bail in Q. B., C. P. or Exch., 434.
Replevin Bond.-See BOND-REPLEVIN.

declaration in debt by the assignees of a replevin bond, forfeited by non prosecution
of the replevin suit in Q. B. (into which the cause was removed) "without delay"
or" with effect," 435.

Statutes, Debt on.-See ARREST-EXTORTION-STATUtes, 437—Usury, &c.
declaration in debt on the Gravesend Pier Act against a clerk for acting as treasurer,
437.

declaration in debt on a byelaw of a corporation (since the Municipal Act) against
the corporation for money arising from the funds of the corporation, ordered by
the byelaw to be paid to a burgess, id.

against a landlord to recover poor rates under local statutes, 438.

against a commissioner for acting in a matter in which he was personally interested
contrary to the provisions of a local act, id.

against a person for having acted as councillor of a borough whilst unqualified, id.
against an overseer for not making out a burgess list, id.
against an overseer for selling goods for the workhouse, id.

against a stockbroker for acting without being admitted, id.

for delivering sacks of coal in London of deficient weight, contrary to 1 & 2 Will. 4,
c. 76..id.

against the captain of a ship, on 6 Geo. 4, c. 125, s. 70, for not taking a pilot on
board who offered himself, id.

against an apothecary for penalties for practising without a certificate, id.

against a poundkeeper for taking more than four shillings on a distress, id.

Use and Occupation.-See LANDLORD AND TENANT, 439.

Usury.-See USURY.

debt by a common informer to recover the penalty inflicted by 12 Anne, st. 2, c. 16,
for usury, 439.

DEBT, PLEAS IN.

in abatement, 440.

observations on pleas in bar, never did owe,'

plea of never indebted, 441.

the like, to part of a declaration, id.

general issue" by statute," id., 442.

non est factum, 443.

the like, craving oyer, 444.

‚”“non assumpsit," &c., id., obs.

Accord and Satisfaction.-See ACCORD AND SATISFACTION, 444.

DEBT, PLEAS IN-continued.

Annuity. See ANNUITY.

plea no memorial inrolled, 445.
defective memorial inrolled, id.
release, 446.

payment of the principal in redemption, id.
replication, a memorial inrolled, id.

rejoinder, memorial false, 447.

nul tiel record, id.

surrejoinder, tiel record, id.

replication to plea of no memorial, consideration for annuity not pecuniary, id.
that the annuity charged on freehold land,
id. n. (a).

payment ad diem, 450.

post diem, id.

replication thereto, 451.

to debt on bond within stat. 8 & 9 Will. 3, general plea of performance and
obs., id.

to debt on a bond conditioned to perform covenants in another indenture, general
plea of performance, 452.

non damnificatus to an indemnity bond, id.

plea to an indemnity bond, payment to plaintiff in accord and satisfaction after
forfeiture and whilst the damages were unliquidated, 453.

replication assigning a breach to a plea of performance according to the statute
8 & 9 Will. 3, more being assigned in the declaration, id.

suggestion of breaches on the roll according to the stat. 8 & 9 Will. 3..454.
Bribery, 454, obs.

Coverture, 454, obs.

plea of the plaintiff's coverture at the time of the contract, 455.

Duress, 455, obs.

Executors, 455, obs.

Fraud.

plea of fraud on specialty, 455.

the like, in debt on simple contract, id.

Gaming, 456, obs.

Husband and Wife, 456, obs.

Illegal Consideration.

plea to a debt on bond that it was given in consideration of future illicit co-

habitation, 456.

replication thereto, id.

Infancy, 456, obs.

Insolvent Act, 457.

Judgment.

plea of nul tiel record to debt on judgment, 457.

replication that there is a record of the judgment where it was recovered in
another court, id.

the like, where judgment was recovered in the same court, id.

to debt on a judgment, plea that it was satisfied by the plaintiff taking the de-
fendant in execution on a ca. sa. issued thereon, 458.

replication that the case was irregular, wherefore defendant was discharged out
of custody by a judge's order, id.

Judgment recovered, 459.

Landlord and Tenant, 459, obs.

Limitations, Statute of, 460, obs.

Nonjoinder, 460.

Partnership, 460.

DEBT, PLEAS IN-continued.

Payment, Pleas of, and of Payment into Court, 460, obs.

to debt on judgment, payment, 461.

Promissory Notes, 461, obs.

Public Company, Railway, 461, obs.

plea to an action for calls, denial that the defendant is the holder of the shares,
462.

Recognizance of Bail.

plea that there was no capias ad satisfaciendum against the principal, 462.
replication that there was a ca. sa. against the principal, 463.

Release, 463, obs.

plea of release to a debt on bond, 463.

Replevin Bond.

plea to a declaration on a replevin bond that it was taken by a person not duly
deputed by the sheriff for the purpose, 464.

plea that the suit abated by the death of the plaintiff in replevin, id.

Sale of Goods, 464.

Set-off.

plea of, to a debt on bond, 464.

replication thereto, 465.

Statutes, Debt on, 465.

Tender, Plea of, 465.

Use and Occupation, 466, obs.

Usury, 466, obs.

Work and Materials, 466.

DEBT AND DETINUE.

declaration in, 501.

DECEIT.-See CASE-FRAUD.

declarations for, 546.

pleas to actions for, 651.

DECLARATIONS.-See COMMENCEMENTS, &c.-DEMURRER, &C.-INFERIOR COURTS.

DECREE OF COURT OF EQUITY.

count in assumpsit on, 147.

DEED.-See BOND-COVENant-Debt.

when assumpsit will lie, though there be a deed, 227.

debt merged in, when may be given in evidence under non assumpsit, 227, 223, n. (g).

plea that simple contract debt merged in, 233.

DEFAMATION.-See LIBEL AND SLANDEr.
declarations for, 562-580.

pleas in case for, 655.

DEFAULT.

when judgment by, may be signed, 20, 21, obs.

DEFECT OF FENCES.-See DAMAGE FEASANT FENCES.

DEFENCE.-See ASSAULT-TRESPASS.

of the person, pleas in trespass justifying, on ground of, 722-724.

in defence of third person, 739.

of possession of personalty, pleas in trespass justifying, on ground of, 725-729.

of possession of a house, 740.

of a third person's house, id.

DE INJURIA.

demurrer for replying, together with new assignment, 42.

general observations on this replication, 302-305.

In Assumpsit.

pleas to which it can or cannot be replied; 303.

form of replication, 305.

In Covenant, 492.

In Case, 648.

DE INJURIA-continued.

In Trespass.

when can be replied in conjunction with a new assignment, 719.
not when declaration contains no continuando, 705, n. (b).

general obs. respecting, 717.

traverses all the material facts in the plea, 717, obs.

and therefore an allegation of an assault when necessarily alleged, id.
resolutions in Crogate's case, 717, 718.

cannot be replied when matter of record, 718.

nor when interest in land claimed, id.

form of replication of, in trespass, id.

when may be replied to defence of possession of house, 726, n. (z).
absque residuo causæ, to plea justifying under process, 742.

New Assignment.

when should be replied, 718.

when excess or trespass committed at another time, id.

may show under de injuriâ that trespass not under writ, &c. 719.
trespasser ab initio, matter making plaintiff, should be replied, id.
where trespass part justifiable part not, new assignment, id.
improper use of de injuriâ only specially demurrable, id.
when new assignment and de injuriâ bad for duplicity, id.

DEL CREDERE AGENT.

count in assumpsit against, 61.

DELIVERY OF BILL OF EXCHANGE.

statement of, in declaration not necessary, and insufficient by itself, 81, n. (u).
DEMAND.

law as to promissory notes payable on, 169, n. (d).

plea of no demand to action of covenant on a mortgage deed, 485.

DEMAND OF PLEA.

practice respecting, 20, 21.

DEMAND AND REFUSAL.

evidence of a conversion.-See Trover, 678.

DEMISE.-See EJECTMENT--LANDLORD AND TENANT-USE AND OCCUPATION,
debt on, not showing the indenture, 428.

plea in assumpsit denying, 354.

the like in case, 653.

DEMURRAGE.

indebitatus count for, 111.

when master of ship can sue for, 99, n. (t).

DEMURRER.

when an issuable plea, 21, obs.

practice and law respecting, 27, obs.

frivolous, when set aside, 28, n. (a).

consequences of being too large, 29, n. (z).

commencement of a demurrer to a declaration or replication, 28.

demurrer to a part of a declaration, 28 and note.

demurrer to a plea or rejoinder, 29.

joinder in demurrer, id., and law, in note (a).

Forms of Special Causes of Demurrer, and Law, 30.

1. To Declarations.

that the declaration is not intituled in any Court, 30.

that the declaration is intituled before the promise accrued, 31.

that it does not appear whether the plaintiff sues by attorney or in person, id.

no venue laid in the declaration, id.

no description of the close given in tres. q. f., id.

that no time stated in a material allegation in the declaration, id.

inconsistent days laid on which material facts occurred, 32.

promise omitted in a declaration in assumpsit, id.

no breach of the promise is laid in the declaration, id.

for misjoinder of forms of action, 33.

for misjoinder of rights or causes of action, id.

for duplicity or doubleness in a count, id.

DEMURRER-continued.

that a count contains repugnant promises, 34.

that the count lays the cause of action in the alternative, id.

for want of certainty in stating the goods, &c., id.

for not making profert of a deed or letters testamentary, &c., 35.

to a declaration against the drawer or indorser of a bill, that presentment for
payment to the acceptor and notice of dishonour are not stated, id.

that the amount of damages is not laid in the declaration, id.

2. Causes of Demurrers to Pleas.

that it is not shown whether defendant pleads by attorney or in person, 36.
that the plea professes to answer the whole, but auswers part only, id.
when should sign judgment in the case, 36, n. (d).

for concluding to the country instead of with a verification, or vice versâ, 37.

that a material fact is not alleged to have happened before suit, id.

to a plea to a bill for duplicity in alleging that there was no consideration for
the acceptance, and also fraud, &c., id.

for raising immaterial issues, 38.

that the plea is in the alternative, id.

that the plea is argumentative, 39.

that the matter is pleaded by way of recital, id.

that the plea is repugnant, id.

that the plea contains a negative pregnant, id.

that the plea traverses more than is alleged in the declaration, 40.

that the traverse in the plea should have been in the disjunctive, id.

that a plea to a declaration in trover amounts to a traverse in setting up pos-

session in the defendant without giving colour, id.

that a plea to a bill is not sufficiently certain, it merely alleging that there was
no consideration for the acceptance of the bill, 41.

3. Causes of Demurrer to Replications.

that the traverse should have been in the disjunctive, 42.

that the traverse includes immaterial matter, id.

that de injuria and a new assignment in trespass are double, id.

for replying de injurià to a plea in trespass of a right of way, 43.

4. Causes of Demurrer to Rejoinders.

that there is a departure, the rejoinder departing from the plea, 44.

DEPARTURE.

form of demurrer to a rejoinder for departing from plea, 44, law in notes.
form of demurrer for, 44.

DEPOSITIONS IN BANKRUPTCY.

when conclusive evidence, 680, n. (e).

DEVIATION OF SHIP.

plea of, 338.

DEVISEES.

covenant against an heir and devisee, 471.

of lessor v. lessee, declaration in covenant by, 479.

the like by a part devisee and part heir, for a penal rent, 480.
pleas by, in covenant, 492.

DETENTION, ILLEGAL.-See IMPRISONMENT.

lien, tenancy in common, &c. must be specially pleaded, 502, obs.

plea of non detinet, 502.

denial that goods are plaintiff's, id.

pleas of lien.-See LIEN, 503.

law, &c. 503, obs.

by a tradesman for work, 503.

by a pawnbroker, 504.

by an attorney, id.