ART. 75] PLEAS IN TORT——REPLICATIONS. 1645

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 occupa-
tion 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 defend-
ant.

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 resid-
ing in this State.

69. That the plaintiff was possessed of land called "Midsummer," in
———— county, whereon the defendant was treaspassing and doing dam-
age, 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.

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

71. That the alleged trespass was not a use by the defendant of the
said way.

72. That the defendant was not within the age of twenty-one years,
as alleged.

73. That the alleged deed was not delivered as an escrow, as alleged.

74. That the defendant was not, and is not now, the wife of one W.
T., as alleged.

75. That the defendant did not make the alleged deed by duress, as
alleged.