The Sun.
London, England, 1834-01-25 00:00:00

4.-IN CASE.

1. In actions on the case, the plea of "not guilty"
shall operate as a denial only of the breach of duty, or
wrongful act alleged to have been committed by the de-
fendant, and not of the facts stated in the inducement ;
and no other defence than such denial shall he admis-
sible under that plea; all other pleas in denial shall
take issue on some particular matter of fact alleged in
the declaration. Ex. gr.—ln an action on the case for
a nuisance to the occupation of a house, by carrying
on au offensive trade, the plea of " not guilty" will
operate as a denial only that the defendant carried on the
alleged trade in such a way as to be a nuisance to the
occupation of the house, and will not operate as a denial
of the plaintiff's occupation of the house. In the action
un the case for obstructing a right of way, such plea will
operate as a denial of the obstruction only, and not of the
plaintiff's right of way ; and in an action for converting
the plaintiff's goods, the conversion only, and not the
plaintiff's title to the good•. 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 ; hut
it will not operate as a denial of the fact of the plaintiff's
holding the office, or being of the profession or the 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 ag inst 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.

2. All matters in confession and avoidance shall be
pleaded specially, as in actions of assunapsit.

5.-IN TRESPASS.

1. 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.

2. 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 men-
tioned, 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.
3. 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 da-
maging the goods mentioned, but not of the plaintiff's
property therein.

4. Where, in an action of trespass, quare clausum
fregit, the def,ndant pleads a right of way, with carriages
and cattle, and on foot, in the same plea, and i-sue 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 defend-
ant, 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.

b. And where, in an action of trespass, quare elausuni
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 jus-
tified by the right of common so round, and for the plaintiff
in respect of the trespasses which shall not be so justified.
6. 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
faked distributively.

provided, nevertheless, that nothing contained in the
bth, 6th, or ith, of the above-mentioned general rules or
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.

EIMER, JUDGMENTS, and other PROCEEDINGS, in actions
commence,l by process, under 2 William IV., c. 39,
shall be in the several forms in the schedule hereunto
annexed, or to the like tffect, mututis mutandis: pro-
vided that in EASE of non-compliance, the Cuurt or a
Judge may give leave to amend.

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.

(a) day of in
the year of our Lord 18
Venue.—A. 8., 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. 8., who is an infant,
within the age of 21 years, as the vest friend of the said
A. 8., 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 (b)
the day of ,in the year of our Lnrd 18 ,
out of the Court of our Lord the King, before his Jus-
tices at Westminster, ur 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 Exchtquer 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, &e., by