602

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.
pay to the plaintiff $ ———— (sixty days) after date; and the defend-

Acceptor.

ant accepted the said bill, but did not pay the same.
17th. That the defendant, on, etc. (date), by his bill of exchange,
directed to A, required A. to pay to the plaintiff $ ———— (sixty days)

Non-
acceptance

after date; and the said bill was duly presented for acceptance, and
was dishonored, of which the defendant had due notice, but did not
pay the same.

Breach of
promise.

18th. That the plaintiff and defendant agreed to marry one an-
other, and a reasonable time for such marriage has elapsed, and
the plaintiff has always been ready and willing to marry the de-
fendant, yet the defendant has neglected and refused to marry
the plaintiff.

Charter-party

19th. That the plaintiff and defendant agreed by charter-party
that the plaintiff's ship, called the " Daniel Webster, " should, with
all convenient speed, sail to L., or so near thereto as she could safely
get, and that the defendant should there load her with a full cargo
of coffee, or other lawful merchandise, which she should carry to B.,
and there deliver on payment of freight, $ ———— per ton, and that
the defendant should be allowed ten days for loading, and ten days
for discharge, and ten days for demurrage, if required, at $ ————
per day; and that the plaintiff did all things necessary on his part
to entitle him to have the agreed cargo loaded on. board the said
ship at L., and that the time for so doing has elapsed, yet the de-
fendant made default in loading the agreed cargo.

Warranty of
horse
21 Md 164

20th That the defendant, by warranting a horse to be then sound
and quiet to ride, sold the said horse to the plaintiff, yet the said
horse was not then sound and quiet to ride.

Bent

21st That the plaintiff let to the defendant a house, No 200 Mar-
ket street, in the city of Baltimore, for four years, to hold from
———— day of ————, at $ ———— a year, payable (quarterly) of
which rent ( ———— ) quarters are due and unpaid.

Repairs

22d. That the plaintiff, b3- deed, let to the defendant a house on
Patrick street, Frederick, in ———— county, seven years from the
———— day of ————, and the defendant, by the said deed, cove-
nanted with the plaintiff well and substantially to repair the said
house during the said term (according to the covenant), yet the
said house was, during the said term, out of good and substantial
repair.

Arbitration.

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

General aver-
ment of per-
formance of
award.

perform some act, either precedent or concurrent, a general averment
" that be has performed (or is ready to perform) all on his part, ''