150

LAWS OF MARYLAND.

general issues, and the replication de injuria, and
the formal travers with an absque hoc shall not be used.

OF DIRECT TRAVERSE.

A direct tra-
verse shall
consist of a di-
rect denial.

45. A direct traverser shall consist of a direct de-
nial of the facts alleged by the opposite party; and it
shall always be expressed in the negative, unless op-
posed to a precedent negative, then it may be ex-
pressed in the affirmative.
46. Where, to any action for injury to person or
character, or property, any matter of excuse or justi-
fication is pleaded, the plaintiff shall, in the replica-
tion, deny it in the words of the excuse or justifica-
tion or to the like effect, or may plead some special
defence.

OF INDIRECT TRAVERSE.

Defences shall
be pleaded spe-
cially.

Defendant
shall join issue.

47. All defences, except a direct denial of the
facts alleged, shall be pleaded specially.
48. Whenever a defendant shall plead special
facts which deny indirectly the facts alleged by the
plaintiff, if the plaintiff do not demur, he shall in
the replication, either deny directly the special facts
so pleaded, or plead some matter by way of confes-
sion and avoidance, and in either case the defendant,
shall join issue.

Defences that
shall be plead-
ed specialty.

49. Any defence, showing that a parol contract or
deed sued on, is void or voidable, or the fact that
the alleged deed was delivered to a third person as
an escrow, shall be pleaded specially.

ARTICLE 3RD.

OF CONFESSION AND AVOIDANCE.

Shall be spe-
cially pleaded.

50. Any ground of defence, that admits the facts
alleged in the declaration or in any other pleading,
but avoids their legal effect, by some matter of justi-
fication or excuse, or of discharge or release, shall
be specially pleaded.

Allowable.

51. The fiction of express color shall not be al-
lowable.