5. A plea of payment into Court must follow the form given by the new rules, and if other pleas are pleaded to part of the plaintiff's demand, the plea of payment into Court should be put last, and pleaded to the residue. Sharman v. Stevenson, 709

6. A special demurrer to a plea of payment of money into Court, that "it varies from the form given by the rule," is sufficient to raise an objection that the plea is bad for want of a proper conclusion of a prayer of judgment. Ib.

7. If a good cause of action at common law appear in the declara. tion, the defendant must, under the Pleading Rules of H. T. 4 Will. 4, plead any statutable illegality in the contract on which it is founded in answer. Barnett v. Glossop,

625

8. Semble, that the general issue, with power to give the special matter in evidence, is abolished in all cases whatever,except where specially allowed by statute.

Ib.

9. Under the Pleading Rules of H. T. 4 Will. 4, the illegality of work and labour done cannot be given in evidence under the plea of non assumpsit, but must be pleaded, although the illegality be not inferential, but essential. Potts v. Sparrow, 630

10. In an action on an attorney's bill, the defendant's attorney suffered judgment to go by default, which was set aside on an affidavit of merits and payment of costs, and the defendant was let in to plead. She pleaded that no signed bill had been delivered, and afterwards added two pleas of non

assumpsit, and that the plaintiff had not taken out his certificate. The plaintiff, on application to a Judge at chambers, obtained an order, confining the defendant to the plea of the general issue. The Court held that this order was proper, it appearing that the defendant had had the bill taxed. Biggs v. Maxwell,

497

11. In assumpsit on a bill of exchange, by the drawer against the acceptor, the defendant pleaded, that at the time of the defendant giving the bill of exchange, it had been agreed that the plaintiff should consign certain goods to J. N. abroad, to be there sold, and that the defendant should accept the bill, but that the amount should be remitted to the defendant out of the proceeds of the goods; and that if the goods should not be sold, or the proceeds received before the bill arrived at maturity, that the bill should be renewed. The plea then averred that the proceeds had not arrived, and that the bill became due, and that the defendant offered to give a renewed bill, but that the plaintiff refused to take it, and requested that the defendant, in lieu thereof, would write a letter relinquishing his right to receive the proceeds; which letter the defendant accordingly wrote. The plea then concluded by averring that the defendant had not received any value or consideration for the payment of the bill of exchange:-Held, upon special demurrer, that the plea was not bad for duplicity, and that it was a good plea of accord and satisfaction; but that the averment that the defendant had received no consideration was repugnant. Wylie,

Byas v.

524

12. In an action on the case, the defendant cannot now, under the plea of "not guilty," raise any objection as to defective proof of the inducement in the declaration. Dukes v. Gostling, 619

13. In assumpsit for refusing to allow the plaintiff to proceed with certain work according to agreement, the defendant pleaded that the work was to be done to the satisfaction of A. B., and that part of the work which was done was not done to his satisfaction, and that therefore he discharged the plaintiff:- Held, that upon this issue it was not necessary for the defendant to call A. B. Vickers v. Cock, 492

14. In an action by an indorsee against the acceptor of a bill of exchange, a plea that there was not at any time any consideration for his the said defendant's acceptance or paying the said bill of exchange, was held bad on special demurrer. Reynolds v. Ivimey,

453

15. To assumpsit upon an agreement to guarantee the payment of goods supplied to a third person, the defendant pleaded, that, after that agreement was made, and before any breach, the defendant agreed with the plaintiff to pay for any goods supplied, by accepting a bill at three months: upon demurrer, assigning for cause that the agreement was not alleged in the plea to be in writing, and that it only varied the time of payment stated in the declaration:-Held, that the plea was sufficient.

Quære, whether in an action for goods sold it can be shewn under the general issue that the time of credit has not expired? Taylorv. Hilary, 461

16. In assumpsit on a bill of exchange by the indorsee against the immediate indorser, the defendant pleaded that he indorsed the bill to the plaintiff without having or receiving any consideration: upon which the plaintiff took issue in the terms of the plea. After verdict for the defendant, the plaintiff moved for judgment non obstante veredicto, on account of the insufficiency of the plea:-Held, that the plea was good

after verdict, though it might have been objected to on special demurrer. Easton v. Pratchett, 472

17. A plea of the Statute of Limitations requires to be signed by counsel.

The general issue being pleaded to part of a declaration, and the Statute of Limitations to the remainder, without the signature of counsel:-Held, that the whole plea was a nullity. Macher v. Billing,

246

18. To an action on a promissory note, by the executors of the payee against the maker, the defendant pleaded that he made the note without any consideration:-Held bad upon special demurrer. Stoughton v. The Earl of Kilmorey, 705

19. In assumpsit the defendant pleaded as to 14s. parcel, &c., that before the commencement of the suit he paid the same to the plaintiff; and, as to the residue of the said monies, that he did not promise as in the declaration is alleged, and of this he puts himself upon the country. The plaintiff having specially demurred, alleging duplicity, and the want of a proper conclusion with a verification, the Court held the plea bad, and that judgment for the plaintiff must be upon the whole plea. Ansell v. Smith,

193

20. To a declaration in assumpsit, the defendant pleaded as to all except 201. 9s. non-assumpsit; and as to that sum, that the defendant, being in embarrassed circumstances, the plaintiff and other creditors agreed to take 5s. in the pound, and that the defendant was ready and willing to pay the amount of the composition, but the plaintiff refused to receive it, and discharged the defendant from payment of it:-Held, that the plea was no answer to the sum agreed to be taken for composition, because no consideration was stated for the plaintiff's discharging the defendant from

paying it, and that therefore the agreement as to that was void. The plea was allowed to be amended by paying that sum into Court. Cooper v. Phillipps, 196

21. In an action by indorsee against acceptor, a plea that the bill was accepted for the accommodation of the payee, and without any consideration, and that it was indorsed after it became due, was held bad on demurrer; and also another plea, that the bill was indorsed after it was due, and that the payee at the time of the indorsement was indebted to the defendant in a larger sum than the amount of the bill. Stein v. Yglesias, 252

22. The Reg. Gen. H. T. 4 Will. 4 do not enable defendant in an action on a bill of exchange at the suit of an indorsee, to plead that he received no consideration from the drawer, without shewing circumstances of fraud and knowledge of them on the part of the plaintiff. French v. Archer, 130

23. In an action by the indorsee against the indorser of a promissory note for 5007., the defendant pleaded as to 3007., that the note was indorsed by the defendant for the accommodation of the maker, and as a security to the plaintiffs, who were the maker's bankers, for subsequent advances, and that only 2001. was subsequently advanced, and that therefore, as to 300l., there was no consideration. The plaintiffs replied that they were holders of the note for value given to the drawer to the full amount:-Held, that upon this issue it was not incumbent on the plaintiff to give any evidence, unless his title was impeached by the defendant, and that he was entitled to recover the whole amount of the bill. Percival v. Framplin, 748

24. To a declaration in trover, the defendant pleaded the general issue since the new rules came into operation. At the trial the defendant proposed to prove that he was a partner

In an action for slander, after a verdict for the plaintiff with 1007. damages, the Court refused to allow the defendant to have a new trial and to be allowed to plead the truth of the words upon any terms, though it was alleged that there was ample evidence to support a justification, and the general issue only was pleaded through the mistake of the pleader, which was not discovered till the day before the trial, by the counsel, when an application had been made for leave to add a justification; but the defendant did not swear that he had never used the words, and one of the witnesses had pointed out the want of a special plea a considerable time previously. Kirby v. Simpson,

PLEA (FRIVOLOUS).

791

A plea that the defendant was not detained in custody as alleged in the declaration, was held not to be such a vexatious and frivolous plea as to deprive the defendant of his right to add the general issue, there being an affidavit of merits. Rix v. Kingston,

159

PLEA (OF PAYMENT INTO COURT).

See PAYMENT INTO COURT, 1, 2, 3.

PLEADING (TIME FOR). See SECURITY FOR COSTS, 5-WAIver.

1. Where the plaintiff will not be materially prejudiced by the delay, the Court will, under certain circumstances, grant the defendant a year's time to plead. Hunt v. Barclay, 646

2. If a defendant obtains an enlarged time for pleading previous to the 10th of August, but which does not expire on that day, he is entitled to the remainder of the enlarged time after the 24th of October, for the purpose of pleading. Trinder v. Smedley,

87

and a plea founded on the warranty implied in law. Steill v. Sturry, 133

POLICE OFFICER.

Officers of the metropolitan police, acquitted in actions brought against them for matters done in the execution of the 10 Geo. 4, c. 44, s. 41, are entitled to their costs as between attorney and client, notwithstanding a certificate granted under the 3 & 4 Will. 4, c. 42, s. 32. Humphrey v. Woodhouse,

POSTPONING TRIAL.

See WRIT OF TRIAL, 2.

416

1. A defendant on being arrested for the amount of a promissory note, proposed to give bail, but being told that a cognovit would be cheaper, he consented to give a cognovit. He was then told that it was necessary he should have an attorney present, and two attornies were mentioned to him, and he said he did not care which he had; afterwards he called with the officer at the office of one of the two proposed attornies, who asked him if he wished him to act as his attorney, to which the defendant answered "yes," and that attorney accordingly attended and acted for him; and the cognovit, after having

PRIVILEGE FROM ARREST.

1. The Court refused to interfere on motion for the purpose of relieving a defendant who had been held to bail, on the ground of his being the Somerset herald, and liable to be called on to attend the King, whenever and wherever he chose, it not appearing clearly by the affidavits what were the duties of his office, and no instance shewn of the claim

being allowed. Where there is any doubt, the rule is, to leave such persons to their writ of protection. Leslie v. Disney, 437

2. One of the King's chaplains being arrested for debt, and having given bail, the Court, on motion, directed the bail-bond to be delivered up to be cancelled. Byrn v. Dibdin,

448 3. A lord of the bedchamber is privileged from arrest. Aldridge v. Barry,

PROCEDENDO.

450