ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 513

the said house was during the said term out of good and sub-
stantial repair.

23d. That the plaintiff and defendant, by their agreement in
writing, referred the matters therein mentioned to arbitrators;
and the arbitrators have made their award in writing, that the
defendant pay the plaintiff the sum of $———, which the defendant
has failed to do.

[Where the award is not for the mere payment of money as
above, but for the performance of some act by the defendant,
that act must be stated in place of the italic line; and where the
plaintiff also is to perform some act, either precedent or concur-
rent, a general averment "that he has performed (or is ready to
perform) all on his part," after the statement of non-performance
by the defendant, as above, shall be sufficient.]

24th. That one W. T. owed the plaintiff the sum of $———,
and the plaintiff was about to sue him to recover the same. And
in consideration that the plaintiff would forbear to sue the said
W. T., the defendant agreed to pay the same to the plaintiff, and
the plaintiff did forbear to sue the said W. T., and the defendant
has not paid the said sum of $————.

25th. That the plaintiff purchased of the defendant a thousand
bushels of wheat for the sum of fifteen hundred dollars, to be paid
for on delivery thereof; and the defendant promised to deliver
the same on the ———— day of ———— at the defendant's ware-
house in the city of Baltimore; and on said day, the plaintiff
demanded said wheat at said warehouse, and tendered to the
defendant said sum of fifteen hundred dollars in payment for the
same; and the defendant refused to deliver the said wheat to
the plaintiff.

FOE WRONGS INDEPENDENT or CONTRACT.

26th. That the defendant broke and entered certain land of
the plaintiff, called "The Orchard," in ———— county, and de-
pastured the same with cattle.

27th. That the defendant assaulted and beat the plaintiff, gave
him into the custody of a constable and caused him to be im-
prisoned in the jail of ——— county, (or city.)

VOL. I.—33.