ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

to remove him, doing no more than was necessary for that purpose,
which is the alleged first assault by the plaintiff.

607

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

Denial of right
of way

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

Alleged trespass
not a use of
way

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

Denial of
infancy

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

Not delivered
as escrow

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

Denial of
coverture

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

Denial of
duress

76th. That the alleged deed was not procured by the fraud of the
plaintiff.

Denial of fraud

77th That the defendant did not commit the alleged assault in
his own defence.

New Assignment.

(If the plaintiff replies and new assigns, the new assignment may
be as follows):

Denial of self-
defence

78th. The plaintiff, as to the ———— and ———— pleas, says, that
he sues not for the trespasses therein admitted, but for trespasses
committed by the defendant in excess of the alleged rights, and also
in other parts of the said land and on other occasions, and for other
purposes than those referred to in the said pleas.

Form of new
assignment

79th. And the plaintiff, as to the ———— and ———— pleas, further
says, that he sues not only for the trespasses in these pleas ad-
mitted, but also for, etc.
(If the plaintiff replies and new assigns to some of the pleas, and
new assigns only to the others, the form may be as follows):

same.

80th. And the plaintiff, as to the ———— and ———— pleas, further
says that he sues not for the trespasses in the ———— pleas (the
pleas riot replied to), admitted, but for the trespasses in the
pleas (the pleas replied to), admitted, and also for, etc.

Pleas in Abatement.

Same

81st. That the plaintiff, at the tune of issuing the summons in
this case, was and still is the wife of one R. B.
82d That the plaintiff is within twenty-one years of age; and
has declared by attorney, when he should have declared by nest
friend or guardian.

Coverture
28 Md 492, 32
Md 18b, 33 Md
458, 35 Md 169

Infancy

83d. That the said contract in the declaration mentioned, was
made by the defendant jointly with one W. P., who is still living,
and is residing in the county (or in the city) aforesaid; and was
not made by the defendant alone, and therefore, the said W. P.
should have been sued also.

Non-joinder
23 Md 58, 41
Md 174, 192 33
Md 103, 37 Md
215, 38 Md 138,
39 Md 314