In actions against carriers and other bailees, for not delivering or not keeping goods safe, or not returning them on request, and in actions against agents for not accounting, the plea will operate as a denial of any express contract to the effect alleged in the declaration, and of such bailment or employment as would raise a promise in law to the effect alleged, but not of the breach.

In an action of indebitatus assumpsit for goods sold and delivered, the plea of non-assumpsit will operate as a denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff.

2. In all actions upon bills of exchange and promissory notes, the plea of non-assumpsit shall be inadmissible. In such actions, therefore, a plea in denial must traverse some matter of fact; ex. gr., the drawing or making, or indorsing, or accepting or presenting, or notice of dishonour of the bill or note.

3. In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded. Ex. gr. Infancy coverture-release- payment performance illegality of consideration, either by statute or common law-drawing, indorsing, accepting, &c., bills or notes by way of accommodation ―set-off — mutual credit unseaworthiness-misrepresentation-concealment deviation—and various other defences, must be pleaded.

4. In actions on policies of assurance the interest of the assured may be averred thus: "That A., B., C., and D., or some or one of them, were or was interested," &c.; and it may also be averred, that the insurance was made for the use and benefit, and on the account of the person or persons so interested.

II. In Covenant and Debt.

1. In debt on specialty or covenant, the plea of non est factum shall operate as a denial of the execution of the deed in point of fact only; and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.

2. The plea of nil debet shall not be allowed in any action.

3. In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that "he never was indebted in manner and form as in the declaration alleged;" and such plea shall have the same operation as the plea of non-assumpsit in indebitatus assumpsit: and all matters in confession and avoidance shall be pleaded specially, as above directed in actions of assumpsit.

4. In other actions of debt in which the plea of nil debet has been hitherto allowed, including those on bills of exchange and promissory notes, the defendant shall deny specifically some particular matter of fact alleged in the declaration, or plead specially in confession and avoidance.

III. Detinue.

The plea of non detinet shall operate as a denial of the detention of the goods by the defendant, but not of the plaintiff's property therein; and no other defence than such denial shall be admissible under that plea.

IV. In Case.

1. In actions on the case, the plea of Not guilty shall operate as a denial only of the breach of duty, or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement; and no other defence than such denial shall be admissible under that plea; all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration. Ex. gr.—In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive trade, the plea of Not guilty will operate as a denial only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house, and will not operate as a denial of the plaintiff's occupation of the house. In an action on the case for obstructing a right of way, such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way; and, in an action for converting the plaintiff's goods, the conversion only, and not the plaintiff's title to the goods. In an action of slander of the plaintiff, in his office, profession, or trade, the plea of Not guilty will operate to the same extent precisely as at present, in denial of speaking the words, of speaking them maliciously, and in the sense imputed, and with reference to the plaintiff's office, profession, or trade; but it will not operate as a denial of the fact of the plaintiff's holding the office, or being of the profession or trade alleged. In actions for an escape, it will operate as a denial of the neglect or default of the sheriff or his officers, but not of the debt, judgment, or preliminary proceedings. In this form of action against a carrier, the plea of Not guilty will operate as a denial of the loss or damage, but not of the receipt of the goods by the defendant as a carrier for hire, or of the purpose for which they were received.

2. All matters in confession and avoidance shall be pleaded specially, as in actions of assumpsit.

V. In Trespass.

1. In actions of trespass quare clausum fregit, the close or place in which, &c. must be designated in the declaration by name or abuttals, or other description; in failure whereof the defendant may demur.

2. In actions of trespass quare clausum fregit, the plea of Not guilty shall operate as a denial that the defendant committed the trespass alleged in the place mentioned, but not as a denial of the plaintiff's possession or right of possession of that place, which, if intended to be denied, must be traversed specially.

3. In actions of trespass de bonis asportatis, the plea of Not guilty shall operate as a denial of the defendant having committed the trespass alleged, by taking or damaging the goods mentioned, but not of the plaintiff's property therein.

4. Where, in an action of trespass quare clausum fregit, the defendant pleads a right of way with carriages and cattle, and on foot, in the same plea, and issue is taken thereon, the plea shall be taken distributively; and if a right of way with cattle or on foot only shall be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of way so found, and for the plaintiff in respect of such of the trespasses as shall not be so justified.

5. And where, in an action of trespass quare clausum fregit, the defendant pleads a right of common of pasture for divers kinds of cattle -ex. gr. horses, sheep, oxen, and cows, and issue is taken thereon, if a right of common for some particular kind of commonable cattle only be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of common so found, and for the plaintiff in respect of the trespasses which shall not be so justified.

6. And in all actions in which such right of way or common as aforesaid, or other similar right is so pleaded, that the allegations as to the extent of the right are capable of being construed distributively, shall be taken distributively.

Provided nevertheless, that nothing contained in the fifth, sixth, or seventh of the above-mentioned general rules and regulations, or in any of the above-mentioned rules or regulations relating to pleading in particular actions, shall apply to any case in which the declaration shall bear date before the first day of Easter Term next.

REGULE GENERALES.

Trinity Term, 1 Victoria.

AMENDMENT OF PLEADING RULES.

Whereas it is expedient that certain rules and regulations made in Hilary Term, in the fourth year of his late Majesty King William the Fourth, pursuant to the statute of the 3 & 4 W. 4. c. 42. s. 1. should be amended, and some further rules and regulations made pursuant to the same statute:

It is therefore ordered, that from and after the first day of Michaelmas Term next inclusive, unless parliament shall in the mean time otherwise enact, the following rules and regulations, made pursuant to the said statute, shall be in force :

1st. It is ordered, that the 17th and 19th of the General Rules and Regulations made pursuant to the statute 3 & 4 W. 4. c. 42. s. 1. be repealed, and that in the place thereof the two following amended rules be substituted; viz.

FOR THE SEVENTEENTH RULE.

Payment of money into cart. When money is paid into court, such payment shall be pleased in all cases, and as near as may be in the folowing form, mačmu matanda.

Farm of Ples" The

C. D.

ats

A. B.

The defendant by

(or, in person, &c.), says, (or, in case it be pleaded as to part ocy, ex as to £

declaration," or "

the residue of the sum of £

, being part of the sum in the count mentioned," or "as to "), that the plaintiff ought not

further to maintain his action, because the defendant now brings into court the sum of £ ready to be paid to the plaintiff: And the defendant further says, that the plaintiff has not sustained damages (or, in actions of debt, "that he never was indebted to the plaintiff") to a greater amount than the said sum of, &c., in respect of the cause of action in the declaration mentioned, (or, in the introductory part of this plea mentioned.") and this he is ready to verify: wherefore he prays judgment if the plaintiff ought further to maintain his action thereof.

FOR THE NINETEENTH RULE.

Proceedings by plaintif after payment of money into court.] The plaintiff, after delivery of a plea of payment of money into court, shall be at liberty to reply to the same by accepting the sum so paid into court in full satisfaction and discharge of the cause of action in respect of which it has been paid in; and he shall be at liberty in that case to tax his costs of suit, and in case of non-payment thereof within fortyeight hours to sign judgment for his costs of suit so taxed; or the plaintiff may reply, "that he has sustained damages (or, that the defendant was and is indebted to him, as the case may be), to a greater amount than the said sum ;" and, in the event of an issue thereon being found for the defendant, the defendant shall be entitled to judgment and his costs of suit.

General Issue by Statute.] It is further ordered, that in every case in which a defendant shall plead the general issue, intending to give the special matter in evidence by virtue of any act of parliament, he shall insert in the margin of the plea the words "by statute," otherwise such plea shall be taken not to have been pleaded by virtue of any act of parliament; and such memorandum shall be inserted in the margin of the issue and of the Nisi Prius record.

Payments credited in particulars of demand need not be pleaded.] In any case in which the plaintiff (in order to avoid the expense of a plea of payment) shall have given credit in the particulars of his demand for any sum or sums of money therein admitted to have been paid to the plaintiff, it shall not be necessary for the defendant to plead the payment of such sum or sums of money.

Rule not to apply to claim of balance.] But this rule is not to apply to cases where the plaintiff, after stating the amount of his demand states that he seeks to recover a certain balance, without giving credit for any particular sum or sums.

Payment in reduction of damages or debt not to be allowed.] Payment shall not, in any case, be allowed to be given in evidence in reduction of damages or debt, but shall be pleaded in bar.

APPENDIX. —No. II.

Bill of Exceptions.

SEPARATE from the record, as to the effect of evidence, in K. B. (Tidd's Forms, 373. 5th edit.)

to wit. Be it remembered, that in the term of

in the

year of the reign of our sovereign lord George the Third, now king of the united kingdom of Great Britain and Ireland, &c. came A. B. by his attorney, into the court of our said lord the king before the king himself at Westminster, and impleaded C. D. in a certain plea of trespass on the case upon promises; on which the said A. B. declared against him that, &c. (set out the declaration and other pleadings, and proceed as follows:) And thereupon issue was joined between the said A. B. and the said C. D. And afterwards, to wit, at the sittings of nisi prius, holden at the Guildhall of the city of London aforesaid, in and for the said city, on the day of in the year of the reign of our said lord the king, before the right honourable Edward Lord Ellenborough, chief justice of our said lord the king, assigned to hold pleas in the court of our said lord the king before the king himself, Edward Law, Esquire, being associated unto the said chief justice, according to the form of the statute in such case made and provided, the aforesaid issue so joined between the said parties as aforesaid, came on to be tried by a jury of the city of London aforesaid, for that purpose duly impanelled, that is to say, E. F. of and G. H. of

&c. (names and additions of jury), good and lawful men of the said city of London: at which day, came there as well the said A. B. as the said C. D. by their respective attornies aforesaid; and the jurors of the jury aforesaid, impanelled to try the said issue, being called, also came, and were then and there in due manner chosen and sworn to try the same issue; and upon the trial of that issue, the counsel learned in the law for the said A. B., to maintain and prove the said issue on his part, gave in evidence that, &c. (here set out the evidence on the part of the plaintiff, and afterwards that on the part of the defendant, and then proceed as follows:) Whereupon the said counsel for the said C. D. did then and there insist before the said chief justice, on the