PERSON (DEFENCE IN). See DEFENCE IN PERSON, 1.

PLEA.

See AMENDMENT, 8-NULLITY, 1. 1. A plea, being delivered after nine o'clock in the evening, cannot be treated as a nullity; and a judgment signed on that ground, and no notice having been given of the objection to the defendant, was set aside. Horsley v. Purdon, 228

2. If a plaintiff gives a greater number of days for pleading than by the practice of the Court is required, the defendant is entitled to avail himself of that greater number. Solomonson v. Parker, 405

3. If the time for pleading does not expire until after the 10th of August, although it may be enlarged time, the defendant has still the same time for pleading as if the declaration had been filed or delivered on the 24th of October. Wilson v. Bradslocke, 416

4. A special plea of justification, besides the general issue, will not now be allowed, where the special matter may, by statute, be given in evidence under the latter piea. Neale v. M'Kenzie,

702

5. A plea of a discharge under the Insolvent Debtors' Act was held bad, because it did not admit the existence of the cause of action. Gould v. Ras

perry,

2. To a declaration on a bill of exchange with the common counts, the defendant pleaded that the bill of exchange in the first count mentioned was paid when due; and also, as to the first count, that he did not promise; and as to the other counts, that he put himself upon the country:Held, that the plaintiff was justified in treating each as a separate plea, though the second was declared inadmissible by the new rules, and the last put nothing in issue; and that he was therefore justified in signing judgment, there being no signature to the pleas, or rule to plead double. Hockley v. Sutton,

Reg. Gen. H. 4 W. 4. All pleadings are intitled day and year when pleaded, entered of record. Reg. 1, No continuances to be

700

of the

and so

313

entered.

Reg. 2, Ibid. Not to affect the times of proceedIbid. Plea, puis darrein continuance, affidavit to verify. Ibid.

707

ing.

Several counts and pleas, where allowed. Reg. 5, 414

Examples in declarations. Ibid. Contract with condition. Ibid. Non-delivery of bill in payment. Ibid.

Not accepting and paying for goods.

Bills and notes. Policies.

Premium. Charter-parties.

Ibid.

Ibid.

315

Ibid.

Ibid.

See BAIL, 8, 14-COGNOVIT, 1—FELONY IRREGULARITY, 6-LORDS' ACT, 1-MARSHAL, 1-SUpersedeas, 1, 2, 3, 4—Venue, 5.

1. Where a defendant is detained in the custody of the warden on process issuing out of the King's Bench, the declaration should state him to be in the custody of the warden, and it is not necessary to bring him up by hab. corp. to charge him with a declaration. Barnett v. Harris, 186 2. Where a part of a debt has been levied, and the defendant is detained on a hab. corp. ad satisfac. for the residue, it is not necessary to refer on

3. If a writ of execution, on which a defendant is charged in custody, is a nullity, the lapse of time does not waive his right to apply for his discharge. Mortimer v. Piggott, 615

A prisoner in the custody of the marshal, if detained on process from the Common Pleas, need not now be removed into the custody of the warden, in order to be charged with a declaration. Millard v. Millman, 723

PRIVILEGE FROM ARREST. See UNIFORMITY OF PROCESS ACT, 3.

1. A practising barrister is privileged from arrest whilst he is on his return from Court. Luntly v. Nathaniel,

51

2. Where a party to a cause is arrested upon process out of another Court, while attending at Nisi Prius in expectation of its coming on, he must apply for relief to the Judge at Nisi Prius, or to the Court out of which the process issues, and not to the Court in which the cause is. Pitt v. Evans, 223

3. The privilege of freedom from arrest, which is allowed to ambassadors' servants, is the privilege not of the servant but of the ambassador; and, if the latter does not interfere, the Court will not grant relief to a defendant who has been arrested, unless he shews a clear case of service either as domestic servant or under a hiring. Fisher v. Begrez, 279

4. Where a defendant is discharged from lawful custody, he is entitled to no privilege from arrest redeundo. Goodman v. London,

PROCHEIN AMY.

See ERROR, 3.

504

seized and double costs; and if that value exceeds the amount of rent due, they will only be liable for the rent. Hunt v. Round, 558

RESCUE.

See SHERIFF'S RETURN, 1.

RESIDENCE.

See CAPIAS, 2, 3, 4-SUMMONS, 2.

RETURN OF WRIT. See SHERIFF, 5.

RULE.

See ATTACHMent, 9—Costs, 1, 22— RULE TO PLEAD, 4-SERVICE OF RULE, 1, 2, 3, 4, 5.

A party upon whom the rule does not call is not obliged to appear and shew cause, because he is served with the rule; and, if he does, the Court will not give him his costs of appearing.

Where a rule is enlarged from Trinity Term to Michaelmas Term, affidavits filed a week before the latter term are in time. Johnson v. Marriatt, 343

RULE TO PLEAD.

1. Where the declaration and rule to plead were both in vacation, a judgment signed in the next term without a new rule to plead-Held, regular. Mould v. Murphy,

54

2. Where a declaration is amended, with liberty for the defendant to plead de novo, and the plaintiff merely adds more counts for the same cause of action, if the old pleas apply to the new declaration, the plaintiff cannot sign judgment as for want of a plea, without a rule to plead, or demand of plea. Fagg v. Borsley, 107

3. Where the declaration is delivered in the term, judgment may now be signed in the following term for want of a plea, without giving a rule to plead of the term of which the judgment is. Pryer v. Smith,

114

See DEMURRER, 1-EXECUTION, 5— PRISONER, 3.

1. The sci. fa. against bail need not be tested on the return day of the ca. sa. Sandland v. Claridge, 114

2. A scire facias served upon bail on the evening before the return day: -Held, regular. Lewis v. Pine, 133

3. Proceedings against bail are irregular, if the defendant has procured the ca. sa. against the principal to be returned non est inventus, knowing that the defendant is in custody of the sheriff, although by a different name. Briggs v. Richardson,

158

4. Judgment cannot be signed on a sci. fa. against bail resident out of the county of Middlesex, unless they have received notice of the proceedings, or attempts have been made to give such a notice. Wimall v. Cook, 173

5. Where a sci. fa. is unnecessarily sued out, but the defendant's attorney, on his behalf, proposes terms of compromise, on which the party for a time acts, the defendant cannot afterwards object to pay the costs of the sci. fa. Brewster v. Meaks, 612

6. If there is an objection to proceedings in sci. fa., on the ground that the writ had not lain a sufficient number of days in the office, the defendant should not apply to set aside the writ, but the proceedings thereon. Williams v. Brown, 749

7. While a rule nisi was pending for a new trial in an action for invading the plaintiff's patent, the defendant sued out a sci. fa. for the purpose of trying the same right; but the Court would not defer the discussion of the