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DISTRICT OF MASSACHUSETTS, TO WIT:
District Clerk's Office. BE it remembered, That on the fourteenth day of June, A. D. 1824, and in the forty-eighth year of the Independence of the United States of America, Nathan Dane, of the said district, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit :
“A General Abridgment and Digest of American Law, with occasional Notes and Comments. By Nathan Dane, LL. D. Counsellor at Law. In eight volumes. Vol. VI."
In conformity to the act of the Congress of the United States, entitled " An act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during the times therein mentioned ;" and also to an act, entitled “ An act, supplementary to an act, entitled, An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned; and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints."
JOHN W. DAVIS, 42
Clerk of the District of Massachusetts.
Boston, Treadwell's Power Press.
CERTAIN PLEADINGS.–OYER, &c. &c.
AFTER the usual time for pleading in abatement, and before pleas in bar, there often intervene several pleas, which seem to have no particular place in a system of pleadings; as 1. Oyer of deeds : 2. Voucher: 3. Aid prayer: 4. Parol demurrer: 5. Cognizance claimed; 6. Tender, &c. : 7. Protestandoes: 8. Estoppels : 9. Averments, giving colour, &c.: 10. Notice and request: 11. Pleas since the last continuance. These several branches in pleading, may here be briefly considered in this order, or referred to.
Art. i. Oyer of deeds.
§ 1. In the cases of pleadings already stated, many rules and cases as to oyer, have been of course introduced'; especially, Ch. 164, in continuation with debt on bonds and records, &c., a few cases only will here be added.
§ 2. Though profert is made of a deed, it is no part of 4 Dallas, the record, if oyer be not prayed of the deed. Bender d. Fromberger.
§ 3. A declaration, with oyer, was served, and the declara- 1 Johns.Cas. tion was amended, a copy of the amended déclaration served ; 415, Lifferts