THE PRACTICE OF THE COURTS OF KING'S BENCH, AND COMMON PLEAS, IN PERSONAL ACTIONS; AND EJECTMENT: TO WHICH ARE ADDED, THE LAW AND PRACTICE OF EXTENTS; . AND THE RULES OF COURT, AND MODERN DECISIONS, IN THE EXCHEQUER OF PLEAS. IN TWO VOLUMES. VOL. II. BY WILLIAM TIDD, ESQ. OF THE INNER TEMPLE, BARRISTER AT LAW. SECOND AMERICAN, FROM THE EIGHTH LONDON EDITION, CORRECTED AND ENLARGED. WITH NOTES AND ADDITIONS OF THE RECENT ENGLISH AND SOME AMERICAN CASES. BY FRANCIS J. TROUBAT. PHILADELPHIA: TOWAR & HOGAN—255, MARKET STREET. 1828. EASTERN DISTRICT OF PENNSYLVANIA, to wit: BE IT REMEMBERED, That on the twenty-ninth day of August, in the fifty-third year of the Independence of the United States of America, A. D. 1828, TOWAR & HOGAN, of the said District, have deposited in this Office the title of a Book, the right whereof they claim as proprietors, in the words following, to wit: "The Practice of the Courts of King's Bench, and Common Pleas, in Personal Actions; and Ejectment: to which are added, the Law and Practice of Extents; and the Rules of Court, and Modern Decisions, in the Exchequer of Pleas. In Two Volumes. By William Tidd, Esq. of the Inner Temple, Barrister at Law. Second American from the Eighth London Edition, Corrected and Enlarged. With Notes and Additions of the recent English and some American Cases. By Francis J. Troubat." In conformity to the Act of the Congress of the United States, intituled, "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 the 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." D. CALDWELL, Clerk of the Eastern District of Pennsylvania. CHAP. XXIX. OF REPLICATIONS, AND SUBSEQUENT PLEADINGS. с WHEN the defendant has put in his plea, he may rule the plaintiff to reply, by obtaining a rule from the master, in the King's Bench, on the back of the plea; which is entered with the clerk of the rules, and a copy served on the plaintiff's attorney: In the Common Pleas, the rule to reply is given on a præcipe, with the secondaries; and in that court, the defendant in ejectment may give a rule to reply, and non pros the plaintiff for want of a replication, but can have no costs. This rule, the entry of which is subject to the stamp duty of half a crown," may be given at any time in term, or within sixteen days after, in the King's Bench or Exchequer; and, in the Common Pleas, when time to plead has been obtained, if the defendant plead, and give a rule to reply, before the expiration of that time, the rule to reply will be of no avail, unless he give notice of his plea. If the rule be not given till four terms have elapsed after plea pleaded, the plaintiff must have a term's notice of the defendant's intention to give it, unless the cause hath been stayed by injunction or privilege: which notice must be given before the essoin day of the term; and it is usual to give the rule on the day after the term is expired.' And where a cause has stood over for several terms, the rule to reply must be given of the term in which the judgment of non pros is signed. The rule to reply expires in four days exclusive after service, in the King's Bench; and Sunday or any holyday on which the court does not sit, or the office is not open, if it be not the last, is to be accounted a day within [*730] the rule." If the plaintiff do not reply within the time limited, or obtain an order for further time, which may be obtained on a judge's summons, in like manner as an order for further time to plead, the defendant may sign a judgment of non pros; and it m 1 New Rep. C. P. 273. i R. T. 5 & 6 Geo. II. (b). K. B. k 2 Str. 1164. Imp. K. B. 345. m 2 Chit. Rep. 283. n R. T. 1 Geo. II. (a). K. B. Append. Chap. XXIX. § 4, 5. |