PLEADINGS, PRACTICE AND PROCESS AT LAW. 2365

(57) A defendant may plead, as in the above form, that he has applied,
by petition as an insolvent debtor, to the proper court, and that the pro-
ceedings under his petition are still pending, and that the allege'd claim
accrued before the filing of his petition. And upon proof of the facts so
pleaded, judgment shall only be entered subject to the result of the pro-
ceedings under the petition.

Forms of Pleas in Actions for Wrongs.

(58) That he did not commit the wrong alleged.

The above plea in an action of libel is a direct traverse—what it puts in issue,
and what may be proven under it. Hagan v. Hendry, 18 Md. 177.
Plea in trover held in conformity with this sub-section. Miller v. Grove, 18 Md. 245.

(59) That he did what is complained of by the defendant's leave.

(60) That the plaintiff was not entitled to the said way over the defend-
ant's land as the plaintiff has alleged.

(61) That the plaintiff first assaulted him; and he committed the
alleged assault in his own defence.

(62) That the defendant, at the time of the alleged trespass, was pos-
sessed of land called " Idlewild," in ———— county, and was entitled to
a way from said land over the land of the plaintiff, to a public highway,
for himself and his servants with horses and wagons, to go and return at
all times, at his and their free will, for the more convenient occupation
of the said land of the defendant; and that the alleged trespass was a use
by the defendant of said way.

Forms of Replications.

(63) The plaintiff, as to the defendant's plea, says (here state the
matter of reply).

(64) The plaintiff, as to the second plea, says (state the answer to the
plea, as in the following form).

(65) That the alleged release is not the plaintiff's deed.

(66) That the alleged release was procured by the fraud of the de-
fendant.

(67) That the alleged set-off did not accrue within ———— years (state
the period of limitation applicable to the case), before the plea pleaded.

(68) That the plaintiff's claim is upon an account concerning trade
between himself and defendant as merchant and merchant, not residing
in this State.

(69) That the plaintiff was possessed of land called " Midsummer," in
———— county, whereon the defendant was trespassing and doing damage,
whereupon the plaintiff requested the defendant to leave the said land,
which the defendant refused to do; and thereupon the plaintiff gently laid
his hands on the defendant in order to remove him, doing no more than
was necessary for that purpose, which is the alleged first assault by the
plaintiff.