606

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

Insolvent pro-
ceedings pend-
ing

56th That he applied by petition as an insolvent debtor to the
Circuit Court for ———— county (or Court of Common Pleas for the
City of Baltimore), on the ———— day of ————, and the proceed-
ings under the petition are still pending; and that the alleged claim
accrued before the filing of his petition.

Same

57th. 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 proceedings under his petition are still pending, and that
the alleged claim accrued before the filing of his petition. And upon

Judgment sub-
ject to proceed-
ings.

proof of the facts so pleaded, judgment shall only be entered subject
to the result of the proceedings under the petition.

Forms of Pleas in Actions for Wrongs.

Non cul.

58th That he did not commit the wrong alleged.

license.

59th. That he did what is complained of by the plaintiff's leave.

Denial of right
of way.

60th. That the plaintiff was not entitled to the said way over the
defendant's land as the plaintiff has alleged.

Son assault de-
mesne
Se defendendo.

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

62d That the defendant, at the time of the alleged trespass, was
possessed of land called " Idlewild, " in ———— county, and was
entitled to a way from said land over the land of the plaintiff, to a

Right of way

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.

Commencement
of replication

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

Second plea

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

Non est factum

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

Fraud

6Gth That the alleged release was procured by the fraud of the
defendant

Limitations

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

Between mer-
chants not re-
siding in State

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

Justification in
assault.

69th. That the plaintiff was possessed of land called " Midsum-
mer, " in ———— county, whereon the defendant was trespassing and

Mollitur manus
unposuit.

doing damage, whereupon the plaintiff requested the defendant to
leave the said land, which the defendant refused to do, and there-
upon the plaintiff gently laid his hands on the defendant in order