Maxims and rules of pleading, in actions real, personal and mixt, popular and penal describing the nature of declarations, pleas, replications, rejoynders, and all other parts of pleading, shewing their validity and defects, and in what cases they are amendable by the court, or remediable by the statute-law, or otherwise : likewise, which of the parties in his plea shall first offer the issue, and where special matter may be given in evidence upon the general issue : of demurrers upon evidence, of verdicts, general and special, and of bills of exceptions to the same, of judgments, executions, writs of error and false judgment, and of appeals, indictments, and informations and the pleadings relating thereunto / published from the manuscript of Sir Robert Heath ... ; with additions of new matter to every title, from all the reports since his time.

CHAP. I. Of Counts, or Declarations.

A Declaration,* 1.1 is the setting forth, comprizing, or exhibiting in Wri∣ting, the Cause of Action in any Suit, or Plaint, grounded upon the Common or Statute Law, wherein the Party supposeth himself to be injured. This hath been by some supposed in an Action Real, to be most properly termed a Count; but that, being a Norman (or Law-French) word, is frequently, if not as often, used in

our Books, in all other Actions, whether Personal or Mixt, for a Declaration.

A Count or Declaration therefore (being Terms equivocal,* 1.2 and so used in the fol∣lowing Discourse) ought principally to contain Three things:

First, The Plaintiffs and the Defendant's Names, (which in Actions Real are called, Demandant and Tenant) and the Nature of the Action; and this by some is termed the Demonstration, or Demonstrative Part of the Count.

Secondly, The Time, the Place, and the Act; in which ought to be comprehended, How, and in what manner the Action did accrue, or first arise between the Parties; When, what Day, what Year, and what Place, and to Whom the Action shall be given; which is called the Declarative Part of the Count.

And Lastly, The Perclose or Conclusion, which is Unde deterioratus est, &c. In which the Plainti••f ought to Aver, and Profer to prove his Suit, and shew the Damage he hath sustained, by the Wrong and Injury done unto him by the Defendant.

And this Definition, (consisting of a Tria, somewhat resembling the Logical Major, Minor, and Conclusion) some of the Ancients (among whom none more fond of it than Mr. Fleetwood,* 1.3 the Famous Recorder of Lon∣don) conceived to be a perfect Syllogism.

The Statute of 36 Ed. 3. cap. ult. seemeth to help want of Form in Counts, in these words;—By the Ancient Terms and Forms

of Pleaders, no Man shall be prejudiced; so that the Matter of the Action be fully shewed in the Declaration, and in the Writ—. However, it was always at least so presumed by the most Eminent Pleaders and Sages of the Law, by drawing this Conclusion from the words; Count ne abatera pur default de Form, issint que eyt Substance; that is to say in Eng∣lish, A Declaration shall not abate for want of Form, so that it hath substance. But Counts are more especially Relieved, when defe∣ctive, by the Statute of 18 Eliz. cap. 14. of Jeofails after Verdict, although they want Form or Agreement with the Register. Note well the Statute, and what Cases are remedied by the same. For, notwithstand∣ing the Statute of 36 Ed. 3.* 1.4 before recited, there is holden a Maxim in our Books, That, It sufficeth if a Bar be good to Common Intent; but a Count in the Substance thereof must be good to every Intent. And so is 3 H. 7. 11, & 12. where the Retorn of a Writ of Rescous was adjudged ill, because the Sheriff named no Place where the Rescous was made; the Re∣torn of a Sheriff resembling a Count, which must be good to every Intent. And so is 3 Ed. 4. 21. That a Declaration must be certain to every Intent. And yet, In some Cases a Count shall be holden good by Intendment; as 3 H. 6 35. the Plaintiff in Debt did Declare upon an Obligation made at D. which extended into two Counties; yet it shall be taken without other Declaration to be made in the County where the Action is laid; where Note, that the County is not by express Name de∣clared.

And 20 H. 6. 23. the Plaintiff in Account did declare, that the Defendant was Receiver until the Feast of St. Michael, but shewed not which St. Michael; and by Intendment shall be taken for St. Michael the Archangel. And 38 H. 6. In Debt by a Ser∣vant against his Master for Wages, he de∣clared upon a Retainer for Eight years, taking for every year Twenty shillings; it shall be intended from year to year, accord∣ing to the Statute.

Next is to be considered what shall vitiate a Count, and what shall not. And first Note well, that it hath been held for a Maxim, among the Sages of the Law and Ancient Pleaders, that for Surplusage the Count doth not abate; (Surplusagium non nocet) as is 9 H. 6. 25. by Rolfe: And so is 46 Ed. 3. 21. Where in a Quod ei deforceat the Demandant did alledge Esplees in himself, and likewise in the Donor, and yet good: Although, as it seemeth by the Book of 3 H. 6. 41. if the Count want Esplees, the same is ill. And so is 9 H. 6. 41. where said, That if one, in an Attachment upon a Pro∣hibition doth not expresly declare, that the Prohibition was deliver'd to the Defendant; Ill: For there is said to be a Form to be observed. And by 4 Ed. 4. 14. and 20 H. 6. 18. a Blank or Space left in a Declaration doth abate the same. But, by 24 Ed. 3. 35, & 54. if the Obligation be Anno Domini only in the Date, without mentioning the King's Reign, the Declaration may be so also; and, as it seemeth, may be otherwise; viz. è contra.

By 11 H. 4. 72. its said, That in Debt against the Ordinary or Gaoler, you shall not need to declare how they were made Offi∣cers, because an Action lieth against Officers in possession. And Note, that where a Con∣dition contained in the Obligation is to the advantage of the Plaintiff, there he must declare thereof by 21 Ed. 4. 36. Other∣wise if it be to his disadvantage, or con∣tained in the Condition of the Obligation; and to that intent is 22 Ed. 4. Bro. tit. Count 13. where any thing is to be done by the Plaintiff; and 33 H. 6. 3. putteth the difference, where it is contained in the Obligation, and where in the Condition: And to that Intent is 9 H. 6. 15, & 16. But yet 26 H. 8. 1. the Con∣dition was Indorsed to this purpose, That if the Obligee deliver to the Obligor a Bull, that then the Obligation shall be void; otherwise not: There the Plaintiff is to Declare upon the Condition; but Shelley doubted, if he shall be compelled to do the same of necessity. And by 3 H. 6. 8. If the Defendant do bind himself by Indenture in Forty Pounds, to perform all Covenants contained in the same, the Plaintiff shall declare upon the Breach of every Cove∣nant, to which the Defendant shall plead, Covenants performed generally; and then the Plaintiff shall assign one or more Breaches specially, whereupon Issue shall be joyned. But as before, so in Annuity pro Consilio impenso & impendendo, the Plaintiff in An∣nuity, or in Debt for the Arrearages thereof, ought to count that he did (or

was ready to) give Counsel, because a Consideration Executory: Otherwise of Council Executed; as is 3 H. 6. 35. 38 H. 6. 22. 5 Ed. 4. 104.

But yet 21 Ed. 4. 49. Brook, Count 72. this difference is Ruled there, That where an Annuity is so brought by a Special Officer; as by a Keeper, Bailiff, Steward, &c. there he must declare of the Service; but other∣wise in a Declaration pro Consilio, because more general, there the Defendant may assign the▪ Breach, or lay the default; quod Nota. Also, if an Annuity be granted to an Attorney pro Consilio impenso & impen∣dendo, and a Suit happens to be depending, after the Grant made, between the Grantor and a Stranger, and the Attorney (not being requested to give Counsel in that Cause to the Grantor) gives Counsel to the Stranger therein: Resolved by the Court, that this is not against the Intent of the Grant, but that the Annuity (notwith∣standing such Advice given against the Grantor) should continue, 4 H. 8. 13.

Note, it is not material, when you de∣clare in Annuity, to set forth the Title or Estate of the Grantor, but only to say, that the Grantor did grant the Annuity, Co. En∣tries, Annuity 49. And by 15 H. 7. 6. it ap∣peareth that the Plaintiff in Formedon may declare of a Gift,* 1.5 without Seisin: And so is 34 H. 6. 48. upon Dimisit; and also Common Experience. And note, where there be two Defendants,* 1.6 and the one appears, and the Plaintiff Counts against him in Trespass in

the Simulcum, that he with the other (such aday) did the Trespass, and when the other came, he counted against him in like Form, as is 46 E. 3. 25. But against the latter the Plaintiff varied in the Day. And 44 Ed. 3. 41. Br. 583. a Man may have Detinue of Charters and of Chattels joyntly, because there one thing is the ground of the Action, viz. the Detainer. And 41 Ed. 3. Damage 75. and 1 H. 5. 4. one may have an Action of Debt, where part of the Mony is due upon Bond, and other part by Contract, because there Debt is the only Cause of Action.

So, by 19 Ric. 2. Case 52. In things of the like Nature, one Declaration may contain divers several Wrongs; and therefore in an Action upon the Case, the Plaintiff declared a∣gainst the Defendants, First, For hindring him to hold his Leet. Secondly, For di∣sturbing his Servants and Tenants, in ga∣thering his Tithe. Thirdly, For threat∣ning so, that the People, &c. durst not come to a certain Chappel, to do their Devotion, and present their Offerings: And, Fourthly, For the taking away his Servants and Chat¦tels.* 1.7 And see 22 H. 7. Bro. 87. The Plaintiff did Count de novo against the Defendant, and the Priee in Aid, after Aid prier. And 5 H. 5. 13. He shall also Count against Te∣nant by Resceit, mutatis mutandis. The like seemeth should be against the Vouchee. Yet by 8 H. 6. 16. the Plaintiff shall not Count de novo against the Garnishee. And 14 H. 6. 3. one shall not Count against him that com∣eth in upon the Grand Cape, until he hath saved his Default.

And Note,* 1.8 touching the declaring of the Time and Place, first, by 9 H. 6. 115, 16. That in Wast, and such like Mixt Actions, as also in Actions Real, one shall not Count of the Day, Year, and Place; otherwise in Personal Actions. And to the same Intent is 7 H. 7. 5. And therefore 35 H. 6. 50. a Parson brought an Action of Debt for the Arrerages of an Annuity granted unto him until he should be promoted to a Benefice, and Declared, that he took a Wife, which determined the Annuity; yet because he did not shew the Place where he took her to Wife, the Count was ill. And so is 35 H. 6. In an Action of Debt brought by an Administrator, for not shewing in what Place the Administration was committed unto him: But it is other∣wise of an Executor; for he is not bound to shew where he was made Executor, be∣cause he may be Executor of his own Wrong.

And Note, 35 H. 6. 38. where the Plaintiff in Debt did Count upon a Lease of four Acres for the Rent of three Pounds; and the Defendant did plead to the Count, that he did Let those four Acres and other Lands, and a good Plea: But the greater Doubt, whether he should in that case take a Tra∣vers; for in our Books it is obvious, That if the Plaintiff in his Declaration mistake the beginning of a term of Years,* 1.9 the Land, or number of Acres; or declare upon a simple Con∣tract, when it is Conditional, the same is no good Declaration, and Advantage thereof may be had as well upon the General Issue, as otherwise.

And in Fogassa's Case, in Pl. Com. If the Plaintiff Count generally upon a Lease, and the Defendant plead, ne Lessa pas (non di∣misit,) the Plaintiff shall not give in Evidence a Lease by Deed. And 28 & 29 H. 8. Dier 32. an Action of Debt was brought upon a Lease of six and twenty Acres, the Defen∣dant said, that the Plaintiff Let the same, and four Acres more; Absque hoc, that he Let the six and twenty Acres tantum; whereupon Issue was taken, and the Verdict found the Demise only of one and twenty Acres; and thereupon the Question was, Whether the Verdict had found for the Plaintiff, or for the Defendant? And by Fitz. and Englefield it was found for the Plaintiff, because Agreed of both sides, that six and twenty Acres were Let, and the Question was upon the four Acres: But Baldwin and Shelley seemed to be of Opi∣nion, that the Verdict was ill: But Shelley said therein, That if the Defendant had pleaded a Plea without a Travers, (because he had confess'd the Count, and more, it would have been good.) Or if the Travers had been, Absque hoc quod predictus le Plain∣tiff dimisit les four Acres more, it had been well enough.

But touching this Matter of Travers,* 1.10 of the Quantity, Time, or Place, see more in the Titles Travers, Issue, and Verdict, afterwards in this Book.

And see 11 H. 6. 5.

That if in Debt for Rent it appeareth by the Count that one of the Days is not yet come, the Writ

shall abate;* 1.11 but otherwise in Avowry by all the Court: Nota diversitatem.

And see Fitzherbert's Natura Brevium, in his Writ of Debt,

That where divers Days of payment are contained in a Recognizance, upon the first default shall go out a Scire facias; but upon a Bill for Debt, not until the last Day: Notwithstanding it hath been held, That in an Action upon the Case, upon an Executory Promise, the Plaintiff might have his Writ upon the first default, and Recover for that loss; and so upon every default.

It appeareth by 7 Ed. 4. 15. and 1 Ed. 4. 4. 39 H. 6. 4. 11 H. 4. 55. and 50 Ed. 3. 4. in Brook, Title Brief, by the better Opinion,

That in Debt, Resceit of Parcel, Hanging the Writ, doth abate the whole Writ; but that (as it seemeth) is intended where the Count and Demand is of one entire Contract; as a Precipe of a Mannor, and Entry into part: For it is otherwise (as it seemeth) where a Precipe is of sundry Acres, and the Demandant enter into but one of the Acres: But (by the same Book 50 Ed. 3. 4.) that ought to be pleaded, Puis le darein Continuance: And (by most of the other Books) if the Action were upon Spe∣cialty, then it can neither be pleaded to the Writ, or in Bar of the Action, without Specialty; and if the Defendant conclude his Plea, in Bar, it goeth but to the Action for part: But (as it seemeth) be the Action either upon Specialty, or not, if the Defendant plead in Bar the Resceit of

parcel, either before, or hanging the Writ, he must plead the same by Deed, and it goeth but to that part: But if the Plaintiff bringeth an Action of twenty Pounds, and declare that he is satisfied of ten Pounds, the Writ doth abate of his own shewing; for he ought to bring his Action only for that which is behind, and declare himself to be satisfied of the rest: But if he bring his Action for the Whole, and Nil debet; or a Release be pleaded to Part, that goeth but to the same; and so it seemeth by the Plea, quod non debet predict as vigints libras, nec aliquem denarium inde.

And in the said Book of 11 H. 4. Debt was brought for Forty Pounds, declaring part upon a Lease, parcel upon a Contract, and part for Work done: And to part the Defendant tendred his Law, to other part he pleaded, ne Lessa pas (non dimisit,) and to the residue he tendred the Mony in Court; and the Plaintiff, as to the Plea of the Lease, took Issue; and, to that of the Mony tendred, he Rejoyn'd, that he had received it accordingly; and, as to the residue, he refused the Law; and to that, and the Point of Receipt, the Writ only did abate, quod nota.

Where the Writ and Declaration are General,* 1.12 as in Trespass Quare clausum fregit, if the Plaintiff so Declare, the Defendant, as all the Books agree, may plead a Special Plea to inforce the Plaintaiff in his Repli∣cation to assign the Place more certain: But this Plea of the Defendant must be also

very certain, as 4 & 5 Ph. & Mar. Dyer 161. for the Defendant to say, That the Place where is six Acres, is no Plea, unless he also give it a Name, or Boundaries: And so is 22 H. 6. 24. that the Defendant shall plead certainly; and this for the advantage of the Defendant, for if he plead the General Issue, the Plaintiff may in any Place in that Town assign the Trespass: Or else, as is the Book 28 H. 8. Dyer 23. If the Defendant doth say, that the Place where is six Acres, which is his Freehold, and the Plaintiff Reply, That it is not his Freehold, &c. If the Plaintiff have a Close of like quantity, it shall be intended the same: But the Plaintiffs New Assignment must also be as true and certain to all Intents, as is 9 Eliz. Dyer 204. It must be both true in the Name, and in the Boundaries; and must not be (as there) una acr' prat' sive terr'.

And as 1 H. 7. 11. and 21 H. 6. 2. and other Books, the Plaintiff must say also in his Declaration, alia quam, &c. And then, as in 14 H. 4. 24. the Defendant shall not plead, that the Place where is all one, &c. but shall have advantage thereof best by the General Issue, if the Pleas aforesaid be entred; and so is, 1 Ed. 5. 4. Yet in the said Book 21 H. 6. 2. the Defendant did Re∣joyn, that the Place was all one, &c. and known by one Name. But as 27 H. 8. 22. where the Defendant in his Bar said, The Place where was an Acre and three Roods; the Plaintiff might have assigned the Trespass in the three Roods, without the Acre, and

the Bar, as to the Acre, to no purpose. And 1 H. 7. 11. the Defendant did plead, That the Place where was three Acres par∣cel of the Mannor of B. of which A. did him enfeoff, &c. To which the Plaintiff Replied, That the Place where was the said three Acres, and thirty Acres more, parcel of the said Mannor; and no Plea, because he doth not say, Al' quam; or agreeing with the Defendant's Answer: So that it seemeth the Plaintiff may Reply to, or take Issue upon the Defendant's Plea, if it should be untrue, as for the most part, the first part of it is.

And it should seem also by 9 Ed. 4. 24. and divers other Books,* 1.13 That the Plaintiff may at his pleasure, in his Declaration of Trespass, Count of the Place certain, by Name and Number of Acres, and there the Defendant must Plead at his Peril: And so are the Books of 5 Ed. 4. 124. and 9 H. 7. 6. in Trespass of Goods; and as 38 H. 6. 5 H. 7. 8. and other Books in Entry upon the Statute of R. 2. and 8 H. 6. But 21 Ed. 4. 18. in Trespass quare domum fregit, with∣out giving a Name, the Defendant may enforce the Plaintiff to a new Assignment; notwithstanding by Brian and Littleton, 15 E. 4. 23. in manner Ruled, that the Plain∣tiff in his Declaration in Trespass, naming the Place certain, is but Nugation; to which the Defendant by the Plaintiff's Act, shall not be enforced to Answer: As if the Plaintiff in Debt upon an Obligation doth declare, that the Defendant is of full Age,

the Defendant may Plead, that he was with∣in Age without Travers: But (as there it seemeth) in an Assize of Rent the Plaintiff may declare either Generally or Specially, at his pleasure; according to which last re∣cited Book is 20 Ed. 4. 9 & 10.

Where it is said also,* 1.14 that the better Opi∣nion is, to Declare in Replevin, according to the Ancient Use, that is to say, to name only the Town in the Declaration, and not the Place, or number of Acres; and so is 9 Ed. 4. 43. And yet notwithstanding see the Book of 14▪ H. 6. 3. that in Ejectione Custodiae the Defendant did Plead Jointenancy, and the Plaintiff assigned anew: So 9 Ed. 4. 23. in Detinue of Charters; but there the bet∣ter Opinion seemeth, that no New Assign∣ment ought to be. By 38 H. 6. the Defen∣dant in Trespass did Justifie for a Way through the Plaintiff's Close, and the Plain∣tiff assigned the Trespass in another place of that Close. And 39 Ed. 4. 7. the Defen∣dant Justified that day by the Plaintiff's License: To which the Plaintiff Replied, That the Defendant came back again the same Day, and re-entred his Close; where also it appeareth, that where one Justifieth the same Day, he need not conclude, Que est eadem Transgressio. Vide Brook, Tit. Trespass. Vide Noy's Reports, fol. 70. Roll's and Walter's Case; where in Replevin the Defendant avowed Damage fesant, as Tenant to I. S. who was seised in jure Ecclesiae, and demised to him for years; and held good without saying, that he was Parson: But, secus in

Quare Impedit; for there the Plaintiff must name the Defendant Parson Imparsonee, be∣cause till then, in that Case, he cannot plead in Bar.

By Co. 1 Inst. fol. 145. the Sheriff ought to take two sorts of Pledges in Replevin, one by the Common Law, ad prosequend' Quere∣lam; and the other by the Statute, De Re∣torno habendo. Note, the Plaintiff in Re∣plevin must alledge a Place certain, where the Beasts, Cattle, or Goods were taken. By Co. 1 Inst. fol. 145. several persons, whose Beasts, Cattle, or Goods are taken, shall not joyn in Replevin; nor is it a good Plea to say, that the Property is to the Plaintiff and another. But by Co. lib. 7. in the Case of Swans, a Replevin lies of such things in which one hath but a qualified Property, as of Beasts that are ferae naturae, and made tame, so long as they have Animum rever∣tendi. So 2 Ed. 2. Fitzherbert, Title Avowry 182. Replevin lies of a Leveret, or of a Fer∣ret; and by the Register Original, fol. 81. it lies of a Swarm of Bees. And by 7 H. 4. 28. and 6 H. 7. 29. 'tis at the Plaintiff's Ele∣ction in many Cases, to have Replevin or Trespass for his Cattle or Goods taken, which he will; but he cannot have an Action of Trespass against his Lord for taking them.

But by the Books of Entries, viz. Rastal. 567 & 572. and Coke 610. and Fitzh. Nat. Brevium, fol. 69. b. Replevin lies de averiis capt' & detent' quousque, &c. & de aliis ave∣riis capt' & adhuc detent'; and there said,

that when the Plaintiff declares, that the Defendant yet detains the Cattle, and the Defendant appears and makes default, the Plaintiff shall recover all in Damages; and also 'tis there said, that if the Beasts are chased into another County after they are taken, the Party may have a Replevin in which of the Counties he pleaseth, or in both. Also it appears in Dyer's Reports fol. 280. That if the Plaintiff be Nonsuited before Declara∣tion, and he sueth out a Writ of Second Deliverance, and is again Nonsuited before Declaration, the Defendant shall have the Cattle irreplegiable, without any Avowry.

Note, If Replevin be before the Sheriff by Writ, it may be removed by the Plaintiff into the King's Bench or Common Pleas by Pone, without Cause, and by the Defendant with Cause mentioned in the Writ; but if it be before him by Plaint, then it may be re∣moved by the Plaintiff, by a Writ of Recor∣dari facias loquelam issuing out of Chancery, without shewing Cause; but if the Defen∣dant removes the Plaint by that Writ, he must shew Cause therein.

Note also, If live Beasts or Cattle, and Goods and Chattels (which are Dead, or things Inanimate) are named together, and Replevied by one Writ, as they may, the live Beasts or Cattle must be named before the dead, as Quandam vaccam suam & que∣dam averia sua, que J. S. cepit.

Note farther, That by the Common Law, when the Goods or Chattels of any Person are taken, he may have a Writ out of the

Chancery, commanding the Sheriff to make Replevin of them, and this Writ is Vicontiel, and in the nature of a Iusticies, (by which the Sheriff may hold Plea of any value, and in all Cases;) but when the Defendant claims property, and when more than one live Beast is taken, then the Form of the Writ is, Quod Replegiari faceret J. S. quendam Spadonem, vel Equam, &c. And when many dead Chattels are taken, then the Writ shall be, Quod Replegiari faceret bona & catalla sua, and the Plaintiff must ascertain them in the Declaration; but if but one dead Chattel be taken, then the Writ shall be, Quod Re∣plegiari▪ faceret J. S. quoddam Examen Apium.

3 Cro. 627, 628. the Plaintiff brought Trespass for taking an Hide; and the De∣fendant pleaded in Justification, That the Major and Communalty of London were seis∣ed of an House called Leaden-Hall, where he took the said Hide Damage-feasant, as their Servant, &c. To which the Plaintiff Re∣plied, That Leaden-Hall is an ancient Mar∣ket for Fridays, and that he bought the Hide there on such a Friday; and that he had the same on his Back, to carry away, quousque the Defendant took it prout in Narr': And tho' Objected, that the Repli∣cation is not good, because he concludes not, Que est eadem Captio, &c. for that he varies from the manner of the Caption, and by his Pleading takes from the Defendant's Authority; yet Resolved good without it, be∣cause it agrees with the Defendants Plea, in Time and Place of the Caption.

So, 3 Cro. 8. 98. in Trespass, the Defen∣dant pleaded, that he is Clericus & seisitus de Rectoria de A. in jure Ecclesiae, and makes Prescription for him, and all his Predeces∣sors, Parsons of that Church, to have had a Way, time out of Mind, in such a place; but says not, that he was a Parson; and notwithstanding it was Objected, that he had not enabled himself to make a Pre∣scription; yet forasmuch as he hath alledged, that he is seised in jure Ecclesiae, it tanta∣mounts thereto, and is good.

Notes

• * 1.1

  A Declaration, what?
• * 1.2

  Of the formal Parts of which a Declaration ought to con∣sist.
• * 1.3

  Temp. Eliz. Regin.
• * 1.4

  Vide Tit. Jeo∣fails & Re∣pleaders, infra. Maxim.
• * 1.5

  Count de Done fans Seisin.
• * 1.6

  Several Counts in one Declara∣tion.
• * 1.7

  Where the Plaintiff shall Count de no∣vo, and where not.
• * 1.8

  Rules to be observed in declaring of the Day, the Year, and Place.
• * 1.9

  The disadvan∣tage of mista∣king the Time, Years, or Number of Acres.
• * 1.10

  Note.
• * 1.11

  Several days of payment, and where Executi∣on upon the first default, where not.
• * 1.12

  Reasons for Pleading the Common Bar, and giving a new Assign∣ment by Re∣plication.
• * 1.13

  Declaration, ab antiquo, certain in Trespass, as at this day, by Rule of Court in C. ••.
• * 1.14

  Rules for De∣claring in Re∣plevin and Trespass.