In the Queen's Bench:
The

Lancashire, to wit.

day of

[Date of Writ.]

On the day and year above written, a writ of our Lady the Queen issued forth of this court, in these words, that is to say,

his

VICTORIA, by the grace of God [here copy the writ]; and C. D. has, on the day of appeared by attorney [or in person] to the said writ, and A. B. has failed to proceed to trial, although duly required so to do: therefore it is considered that the said C. D. be acquitted, and that he recover against the said A. B. £ for his costs of defence.

Lancashire, On the day and year above written, a writ of to wit. our Lady the Queen issued forth of this court, in these words; that is to say,

his

VICTORIA, by the grace of God [here copy the writ]; and C. D. has, on the day of appeared by attorney [or in person] to the said writ, and the said C. D. bas confessed the said action [or has confessed the said action as to part of the said land, that is to say, here state the part]: therefore it is considered that the said A. B. do recover possession of the land in the said writ mentioned [or of the said part of the said land], with the appurtenances, and £ for costs.

Yorkshire, On the day and year above written, a writ of to wit. S our Lady the Queen issued forth of this court, with a notice thereunder written, the tenor of which writ and notice follows in these words; that is to say,

[Here copy the Writ and Notice, which latter may be as

follows:]

"Take notice, that you will be required, if ordered by the court or a judge, to give bail by yourself and two sufficient

sureties, conditioned to pay the costs and damages which shall be recovered in this action."

his attorney [or in

And C. D. has appeared by person] to the said writ, and has been ordered to give bail, pursuant to the statute, and has failed so to do: Therefore it is considered that the said [here insert name of landlord] do recover possession of the land in the said writ mentioned, with the appurtenances, together with £ for costs of suit.

Goods sold.

Work and materials.

Money lent.

Money paid.

Money received.

Account

stated.

For an estate sold.

For goodwill.

For the use of a house and land.

For the use of a fishery.

For copyhold fines.

For hire of goods, &c.

SCHEDULE (B).

FORMS OF PLEADINGS.*

STATEMENTS Of Causes of Action.

On Contracts.

1. Money payable by the defendant to the plaintiff for [these words money payable, &c., should precede money counts like 1 to 14, but need only be inserted in the first] goods bargained and sold by the plaintiff to the defendant.

2. Work done and materials provided by the plaintiff for the defendant at his request.

3. Money lent by the plaintiff to the defendant.

4. Money paid by the plaintiff for the defendant at his request.

5. Money received by the defendant for the use of the plaintiff.

6. Money found to be due from the defendant to the plaintiff on accounts stated between them.

7. A messuage and lands sold and conveyed by the plaintiff to the defendant.

8. The goodwill of a business of the plaintiff, sold and given up by the plaintiff to the defendant.

9. The defendant's use, by the plaintiff's permission, of messuages and lands of the plaintiff.

10. The defendant's use, by the plaintiff's permission, of a fishery of the plaintiff.

11. Fines payable by the tenements of the manor of

defendant as tenant of customary to the plaintiff as lord of the said manor, for the admission of the defendant into the said customary tenements.

12. The hire of [as the case may be] by the plaintiff let to hire to the defendant.

See ss. 49-91, and notes, ante.

13. Freight for the conveyance by the plaintiff for the For freight. defendant at his request of goods in ships.

14. The demurrage of a ship of the plaintiff kept on de- For demurmurrage by the defendant.

rage.

15. That the defendant, on the day of A.D., by his Payee promissory note, now over-due, promised to pay to the inst plaintiff £ two months after date, but did not pay the note.

same.

maker of

dorser of

16. That one A. on, &c. [date], by his promissory note, Indorsee now over-due, promised to pay to the defendant, or order against in£ [two] months after date; and the defendant indorsed note. the same to the plaintiff; and the said note was duly presented for payment, and was dishonoured, whereof the defendant had due notice, but did not pay the same.

ceptor of

17. That the plaintiff, on, &c. [date], by his bill of ex- Drawer change, now over-due, directed to the defendant, required against acthe defendant to pay to the plaintiff £ [two] months bill. after date; and the defendant accepted the said bill, but did not pay the same.

against

18. That the defendant, on, &c. [date], by his bill of ex- Payee change, directed to A., required A. to pay to the plaintiff drawer. £ [two] months after date; and the said bill was duly presented for acceptance, and was dishonoured, of which the defendant had due notice, but did not pay the same.

marriage.

19. That the plaintiff and defendant agreed to marry one Breach of another, and a reasonable time for such marriage has elapsed, promise of and the plaintiff has always been ready and willing to marry the defendant, yet the defendant has neglected and refused to marry the plaintiff.

20. That the plaintiff and defendant agreed to marry one another on a day now elapsed, and the plaintiff was ready and willing to marry the defendant on that day, yet the defendant neglected and refused to marry the plaintiff.

a horse.

21. That the defendant, by warranting a horse to be then Warranty of sound and quiet to ride, sold the said horse to the plaintiff, yet the said horse was not then sound and quiet to ride.

to charter

22. That the plaintiff and the defendant agreed by charter- For not loadparty, that the plaintiff's ship called the "Ariel" should with ing, pursuant all convenient speed sail to R., or so near thereto as she party. could safely get, and that the defendant should there load her with a full cargo of tallow or other lawful merchandize, which she should carry to H., and there deliver, on payment of freight, £ per ton, and that the defendant should be allowed ten days for loading, and ten for discharge, and ten days for demurrage, if required, at £ per day; and that the plaintiff did all things necessary on his part to entitle him to have the agreed cargo loaded on board the said ship at R., and that the time for so doing has elapsed, yet the defendant made default in loading the agreed cargo.

Upon a lease for rent.

Upon a cove

nant to re

pair.

Trespass to land.

Assault, bat

tery, and

false impri

sonment.

Criminal conversation.

Wrongful

conversion of goods.

Wrongful detention of property, &c.

Diverting

water from a mill.

Infringe

ment of a patent.

23. That the plaintiff let to the defendant a house, No. 401, Piccadilly, for seven years, to hold from the day of at £ a year, payable quarterly, of which rent quarters are due and unpaid.

A.D.

24. That the plaintiff by deed let to the defendant a house, No. 401, Piccadilly, to hold for seven years from the day

of
A.D. and the defendant by the said deed cove-
nanted with the plaintiff well and substantially to repair the
said house during the said term [according to the covenant],
yet the said house was during the said term out of good
and substantial repair.

For Wrongs independent of Contract.

25. That the defendant broke and entered certain land of the plaintiff, called the Big Field, and depastured the same with cattle.

26. That the defendant assaulted and beat the plaintiff, gave him into custody to a policeman, and caused him to be imprisoned in a police office.

27. That the defendant debauched and carnally knew the plaintiff's wife.

28. That the defendant converted to his own use, or wrongfully deprived the plaintiff of the use and possession of the plaintiff's goods; that is to say, iron, hops, household furniture [or as the case may be].

29. That the defendant detained from the plaintiff his title-deeds of land called Belmont, in the county of ; that is to say [describe the deeds].

30. That the plaintiff was possessed of a mill, and by reason thereof was entitled to the flow of a stream for working the same, and the defendant, by cutting the bank of the said stream, diverted the water thereof away from the said mill.

31. That the plaintiff was the first and true inventor of a certain new manufacture, that is to say, of "certain improvements in the manufacture of sulphuric acid," and thereupon Her Majesty Queen Victoria, by letters-patent under the Great Seal of England, granted the plaintiff the sole privilege to make, use, exercise, and vend the said invention within England for the term of fourteen years from the day of A.D. subject to a condition that the

*The following words are said to have been suggested by the late Lord Denman in substitution for the word "converted," to the use of which in this "wrongful" sense, his lordship appears to have entertained some objection. The form, probably by some oversight at press, got printed as it now stands While many pleaders employ it literatim; others, er abundantiori cautela, substitute the conjunctive "and" for the disjunctive "or;" and others, again, believing the allegations, though varying in words, to be of precisely similar legal efficacy, prefer in their practice the more ancient expression. See Baker v. Gray, 17 C. B. 462; London and Westminster Loan Company v. Drake, L. J. 28, C. P. 297.

plaintiff should within six calendar months next after the date of the said letters-patent cause to be inrolled in the High Court of Chancery an instrument in writing under his hand and seal, particularly describing and ascertaining the nature of his said invention, and in what manner the same was to be and might be performed, and the plaintiff did within the time prescribed fulfil the said condition, and the defendant during the said term did infringe the said patent right.

of character.

32. That the defendant falsely and maliciously spoke and Defamation published of the plaintiff the words following; that is to say, "he is a thief;"

[If there be any special damage, here state it with such
reasonable particularity as to give notice to the de-
fendant of the peculiar injury complained of; for
instance,]

whereby the plaintiff lost his situation as gamekeeper in the
employ of A.

"the

33. That the defendant falsely and maliciously printed and published of the plaintiff in a newspaper called words following; that is to say, "he is a regular prover under bankruptcies," the defendant meaning thereby that the plaintiff had proved and was in the habit of proving fictitious debts against the estates of bankrupts, with the knowledge that such debts were fictitious.

COMMENCEMENT OF PLEA.

34. The defendant by his attorney [or in person] says [here state the substance of the plea].

35. And for a second plea the defendant says [here state the second plea].

Pleas in Actions on Contracts.

36. That he never was indebted as alleged.

[This plea is applicable to declarations like those numbered 1 to 14.j

37. That he did not promise as alleged.

[This plea is applicable to other declarations on simple contracts, not on bills and notes, such as those numbered 19 to 22. It would be unobjectionable to use "did not warrant,' "did not agree," or any other appropriate denial.] 38. That the alleged deed is not his deed.

Denial of debt.

Denial of contract.

Denial of

deed.

Statute of

39. That the alleged cause of action did not accrue within six years [state the period of limitation applicable to the Limitations. case] before this suit.

40. That before action he satisfied and discharged the Payment. plaintiff's claim by payment.