way; and in an action for converting the plaintiff's goods, the conversion only, and not the plaintiff's title to the goods. In an action of slander of the plaintiff in his office, profession or trade, the plea of not guilty will operate to the same extent precisely as at present in denial of speaking the words, of speaking them maliciously, and in the sense imputed, and with reference to the plaintiff's office, profession or trade, but it will not operate as a denial of the fact of the plaintiff holding the office or being of the profession or trade alleged. In actions for an escape, it will operate as a denial of the neglect or default of the sheriff or his officers, but not of the debt, judgment or preliminary proceedings. In this form of action against a carrier the plea of not guilty will operate as a denial of the loss or damage, but not of the receipt of the goods by the defendant as a carrier for hire, or of the purpose for which they were received. 2d. All matters in confession and avoidance shall be pleaded specially, as in actions of assumpsit. V.-In Trespass. 1st. In actions of trespass quare clausum fregit, the close or place in which &c. must be designated in the declaration by name or abuttals, or other description, in failure whereof the defendant may demur specially. 2d. In actions of trespass quare clausum fregit, the plea of not guilty shall operate as a denial that the defendant committed the trespass alleged in the place mentioned, but not as a denial of the plaintiff's possession, or right of possession of that place, which, if intended to be denied, must be traversed specially. 3d. In actions of trespass de bonis asportatis, the plea of not guilty shall operate as a denial of the defendant having committed the trespass alleged by taking or damaging the goods mentioned, but not of the plaintiff's property therein. 4th. Where, in an action of trespass quare clausum fregit, the defendant pleads a right of way with carriages and cattle and on foot in the same plea, and issue is taken thereon, the plea shall be taken distributively; and if a right of way with cattle, or on foot only, shall be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of way so found; and for the plaintiff in respect of such of the trespasses as shall not be so justified. 5th. And where, in an action of trespass quare clausum fregit, the defendant pleads a right of common of pasture for divers kinds of cattle, ex. gr. horses, sheep, oxen and cows, and issue is taken thereon, if a right of common for some particular kind of commonable cattle only be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of common so found; and for the plaintiff in respect of the trespasses which shall not be so justified. 6th. And in all actions in which such right of way or common as aforesaid, or other similar right, is so pleaded that the allegations as to the extent of the right are capable of being construed distributively, they shall be taken distributively. Provided nevertheless, that nothing contained in the 5th, 6th, or 7th of the above-mentioned general rules and regulations, or in any of the above-mentioned rules or regulations relating to pleading in particular actions, shall apply to any case in which the declaration shall bear date before the first day of Easter Term next. ISSUES, JUDGMENTS, and other Proceedings in Actions commenced by Process under 2 Will. IV. c. 39, shall be in the several Forms in the Schedule hereunto annexed, or to the like effect, mutatis mutandis: Provided, that in case of noncompliance, the Court or a Judge may give leave to amend. No. 1. Form of an Issue in the King's Bench, Common Pleas, or Exchequer. In the King's Bench, or In the Common Pleas, or In the Exchequer. The [date of declaration] day of in the VENUE.-A. B. by E. F., his attorney, [or in his own proper person, or by E. F., who is admitted by the Court here to prosecute for the said A. B., who is an infant within the age of twenty-one years, as the next friend of the said A. B., as the case may be,] complains. of C. D., who has been summoned to answer the said A. B., [or arrested or detained in custody,] by virtue, [or served with a copy, as the case may be,] of a writ issued on [date of first writ,] the day of in the year of our Lord 18 out of the Court of our lord the king, before the king himself at Westminster, [or out of the Court of our lord the king, before his justices at Westminster, or out of the Court of our lord the king, before the barons of his Exchequer at Westminster, as the case may be.] For that [copy the declaration from these words to the end, and the plea and subsequent pleadings to the joinder of issue.] Thereupon the sheriff is commanded that he cause to come here, on the day of twelve &c. by whom &c. and who neither &c. to recognize &c. because as well &c. No. 2. Form of Nisi Prius Record in the King's Bench, Common Pleas, or Exchequer. [The placita are to be omitted. Copy the issue to the end of the award of the venire, and proceed as follows:] Afterwards on the [teste of distringas or habeas corpora,] day of in the year the jury between the parties aforesaid is respited here until the [return day of distringas or habeas corpora,] day of shall first come on the [first unless at day of sittings or commission day of assizes,] day of according to the form of the statute in such case made and provided for default of the jurors, because none of them did appear; therefore let the sheriff have the bodies of the said jurors accordingly. [The postea is to be in the usual form.] No. 3. Form of Judgment for the Plaintiff in Assumpsit. [Copy the issue to the end of the award of the venire, and proceed as follows:] Afterwards the jury between the parties is respited until the [return of distringas or habeas corpora,] day of shall first come on the [day unless of sittings or nisi prius,] day of at according to the form of the statute in that case made and provided for default of the jurors, because none of them did appear. Afterwards on the [day of signing final judgment] come the parties aforesaid, day of by their respective attornies aforesaid, [or as the case may be,] and before whom the said issue was tried, hath sent hither his record, had before him in these words: [copy postea.] Therefore it is considered that the said A. B. do recover against the said C. D. his said damages, costs, and charges by the jurors aforesaid, in form aforesaid assessed; and also £ for his costs and charges by the Court here adjudged of increase to the said A. B. with his assent; which said damages, costs, and charges. in the whole amount to £ and the said C. D. in mercy &c. No. 4. Form of the Issue when it is directed to be tried by the Sheriff. [After the joinder of issue proceed as follows :] And forasmuch as the sum sought to be recovered in this suit, and indorsed on the said writ of summons, does not exceed £20, hereupon on the [teste of writ of trial,] day of in the year pursuant to the statute in that case made and provided, the sheriff, [or the judge of being a court of record for the recovery of debt in the said county, as the case may be,] is commanded that he summon twelve &c., who neither &c., who shall be sworn truly to try the issue above joined between the parties aforesaid, and that he proceed to try such issue accordingly: and when the same shall have been tried, that he make known to the Court here what shall have been done by virtue of the writ of our lord the king to him in that behalf directed, with the finding of the jury thereon indorsed, on the day of &c. No. 5. Form of Writ of Trial. William the Fourth, by &c. to the sheriff of our county of [or to the judge of be.] being a court of record for the recovery of debt, in our county of as the case may Whereas A. B. in our Court before us at Westminster, [or in our Court before our justices at Westminster, or in our Court before the barons of our Exchequer at Westminster, as the case may be,] on the [date of first |