518 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.

was entitled to a way from said land over the land of the plain-
tiff, 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 defend-
ant of said way.

FORMS OF REPLICATIONS.

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

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

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

66th. That the alleged release was procured by the fraud of
the defendant.

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

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

69th. That the plaintiff was possessed of land called " Mid-
summer," in ———— county, whereon the defendant was tres-
passing 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.

70th. That the defendant was not entitled to the said way
over the plaintiff's land, as the defendant has alleged.

71st. That the alleged trespass was not a use by the defend-
ant of the said way.