156

LAWS OF MARYLAND.

whatever may be the result of the other issue or is-
sues.

Not necessary

to use any al-
legation.

90. In a plea or subsequent pleading it shall not
be necessary to use any allegation of Actionem non,
or Actionem ulterius non, or Onerari non, or to the
like effect, or any prayer of judgment, nor shall it be
necessary in any replication or subsequent plead-
ing, to use any allegation of Precludi non, or to the
like effect, or any prayer of judgment.

Plea of avow-
ry or cogni-
zance.

91. No formal defence shall be required in a plea,
or avowry, or cognizance, and it shall commence as
follows, or to the like effect :
"The defendant by ————— , his attorney, (or in
person, as the case may be) says that (here state first
defence;)"

And it shall not be necessary to state in a second or
other plea, or avowry, or cognizance, that it is plead-
ed by leave of the court, or according to the form of
the statute, or of the act of assembly, or to that effect;
but every such plea, avowry or cognizance shall be
written in a separate paragraph, and numbered, and
shall commence as follows, or to the like effect :
"And for a second (&c.) plea, the defendant says
that (here state the second (&c.) defence;)"
or if pleaded to part only, then as follows, or to the
like effect :
"And for a second (&c.) plea to (stating to what
it is pleaded) the defendant says that," &c.
and no formal conclusion shall be necessary to any
plea, avowry, cognizance, or other subsequent plead-
ing.

Defence aris-
ing after com-
mencement of
action.

92. Any defence arising after the commencement
of any action shall be pleaded according to the fact,
without any formal commencement or conclusion ;
and any plea which does not state whether the defence
therein set up arose before or after action, shall be
deemed to be a plea of matter arising before action.

Defence aris-
ing after last
pleading.

93. Any defence which may arise after the last
pleading, in any case, may be pleaded with an alle-
gation that the matter has arisen since the last plead-
ing.

Lawful to pay
money into
court in cer-
tain cases.

94. It shall be lawful for the defendant, or for one
or more of several defendants, in all actions (except
actions for assault and battery, false imprisonment,
libel, slander, malicious arrest or prosecution, crimi-
nal conversation, or debauching of the plaintiff's
daughter or servant,) to pay into court a sum of mo-