PIPE, Eng. laid. The name of a roll in the exchequer otherwise called
the Great Roll. A measure containing two hogsheads; one hundred and twenty-six
gallons is also called a pipe.
PIRACY, crim. law. A robbery or forcible depreciation on the high
seas, without lawful authority, done animo furandi, in the spirit and intention
of universal hostility. 5 Wheat. 153, 163; 3 Wheat. 610; 3 Wash. C. C. R. 209.
This is the definition of this offence by the law of nations. 1 Kent, Com. 183.
The word is derived from peira deceptio, deceit or deception: or from peiron
wandering up and down, and resting in no place, but coasting hither and thither
to do mischief. Ridley's View, Part 2, c. 1, s. 3.
2. Congress may define and punish piracies and felonies on the high seas, and
offences against the law of nations. Const. U. S. Art. 1, s. 7, n. 10; 5 Wheat.
184, 153, 76; 3 Wheat. 336. In pursuance of the authority thus given by the
constitution, it was declared by the act of congress of April 30, 1790, s. 8, 1
Story's Laws U. S. 84, that murder or robbery committed on the high seas, or in
any river, haven, or bay, out of the jurisdiction of any particular state, or
any offence, which, if committed within the body of a county, would, by the laws
of the United States, be punishable with death, should be adjudged to be piracy
and felony, and punishable with death. It was further declared, that if any
captain or manner should piratically and feloniously run away with a vessel, or
any goods or merchandise of the value of fifty dollars; or should yield up such
vessel voluntarily to pirates; or if any seaman should forcible endeavor to
hinder his commander from defending the ship or goods committed to his trust, or
should make revolt in the ship; every such offender should be adjudged a pirate
and felon, and be punishable with death. Accessaries before the fact are
punishable as the principal; those after the fact with fine and imprisonment.
3. By a subsequent act, passed March 3, 1819, 3 Story, 1739, made perpetual
by the act of May 15, 1820, 1 Story, 1798, congress declared, that if any person
upon the high seas, should commit the crime of piracy as defined by the law of
nations, he should, on conviction, suffer death.
4. And again by the act of May 15, 1820, s. 3, 1 Story, 1798, congress
declared that if any person should, upon the high seas, or in any open
roadstead, or in any haven, basin or bay, or in any river where the sea ebbs and
flows, commit the crime of robbery in or upon any ship or vessel, or upon any of
the ship's company of any ship or vessel, or the lading thereof, such person
should be adjudged to be a pirate, and suffer death. And if any person engaged
in any piratical cruise or enterprize, or being of the crew or ship's company of
any piratical ship or vessel, should land from such ship or vessel, and, on
shore; should commit robbery, such person should be adjudged a pirate and suffer
death. Provided that the state in which the offence may have been committed
should not be deprived of its jurisdiction over the same, when committed within
the body of a county, and that the courts of the United States should have no
jurisdiction to try such offenders, after conviction or acquittal, for the same
offence, in a state court. The 4th and 5th sections of the last mentioned act
declare persons engaged in the slave trade, or in forcibly detaining a free
negro or mulatto and carrying him in any ship or vessel into slavery, piracy,
punishable with death. Vide 1 Kent, Com. 183; Beaussant, Code Maritime, t. 1, p.
244; Dalloz, Diet. Supp. h. t.; Dougl. 613; Park's Ins. Index, h. t. Bac. Ab. h.
t.; 16 Vin. Ab. 346; Ayl. Pand. 42 11 Wheat. R. 39; 1 Gall. R. 247; Id. 524 3 W.
C. C. R. 209, 240; 1 Pet. C. C. R. 118, 121.
PIRACY, torts. By piracy is understood the plagiarisms of a book,
engraving or other work, for which a copyright has been taken out. 2. When a
piracy has been made of such a work, an injunction will be granted. 5 Ves. 709;
4 Ves. 681; 12 Ves. 270. Vide copyright.
PIRATE. A sea robber, who, to enrich himself by subtlety or open
force, setteth upon merchants and others trading by sea, despoiling them of
their loading, and sometimes bereaving them of life and, sinking their ships;
Ridley's View of the Civ. and Ecc. Law, part 2, c. 1, s. 8; or more generally
one guilty of the crime of piracy. Merl. Repert. h. t. See, for the etymology of
this word, Bac. Ab. Piracy
PIRATlCALLY, pleadings. This is a technical word, essential to charge
the crime of piracy in an indictment, which cannot be supplied by another word,
or any circumlocution. Hawk. B. 1, c. 37, s. 15; 3 Inst. 112; 1 Chit. Cr. Law,
PISCARY. The right of fishing in the waters of another. Bac. Ab. h.
t.; 5 Com. Dig. 366. Vide Fishery.
PISTAREEN. A small Spanish coin. It is not a coin made current by the
laws of the United States. 10 Pet. 618.
PIT, fossa. A hole dug in the earth, which was filled with water, and
in which women thieves were drowned, instead of being hung. The punishment of
the pit was formerly common in Scotland.
PLACE, pleading, evidence. A particular portion of space; locality.
2. In local actions, the plaintiff must lay his venue in the county in which
the action arose. It is a general rule, that the place of every traversable
fact, stated in the pleading, must be distinctly alleged; Com. Dig. Pleader, c.
20; Cro. Eliz. 78, 98; Lawes' Pl. 57; Bac. Ab. Venue, B; Co. Litt. 303 a; and
some place must be alleged for every such fact; this is done by designating the
city, town, village, parish or district, together with the county in which the
fact is alleged to have occurred; and the place thus designated, is called the
venue. (q. v.)
3. In transitory actions, the place laid in the declaration, need not be the
place where the cause of action arose, unless when required by statute. In local
actions, the plaintiff will be confined in his proof to the county laid in the
4. In criminal cases the facts must be laid and proved to have been committed
within the jurisdiction of the court, or the defendant must be acquitted. 2
Hawk. c. 25, s. 84; Arcb. Cr. Pl. 40, 95. Vide, generally, Gould on Pl. c. 3,
102-104; Arcb. Civ. Pl. 366; Hamm. N. P. 462; 1 Saund. 347, n. 1; 2 Saund. 5 n.
PLACE OF BUSINESS. The place where a man usually transacts his affairs
or business. When a man keeps a store, shop, counting room or office,
independently and distinctly from all other persons, that is deemed his place of
business 3 and when he usually transacts his business at the counting house,
office, and the like, occupied and used by another, that will also be considered
his place of business, if he has no independent place of his own. But when he
has no particular right to use a place for such private purpose, as in an
insurance office, in exchange room, banking room, a post office, and the like,
where persons generally resort, these will not be considered as the party's
place of business, although he may occasionally or transiently transact business
there. 2 Pet. R. 121; 10 John. 501; 11 John. 231; 1 Pet. S. C. R. 582; 16 Pick.
2. It is a general rule that a notice of the non-acceptance or non-payment of
a bill, or of the non-payment of a note, may be sent either to the domicil or
place of business of the person to be affected by such notice, and the fact that
one is in one town and the other in the other will make no difference, and the
holder has his election to send to either. A notice to partners may be left at
the place of business of the firm or of any one of the partners. Story on Pr.
PLACITUM. A plea. This word is nomen generalissimum, and refers to all
the pleas in the case. 1 Saund. 388, n. 6; Skinn. 554; S. C. earth. 834; Yelv.
65. By placitum is also understood the subdivisions in abridgments and other
works, where the point decided in a case is set down, separately, and generally
numbered. In citing, it is abbreviated as follows: Vin. Ab. Abatement, pl. 3.
2. Placita, is the style of the English courts at the beginning of the record
of Nisi Prius; in this sense, placita are divided into pleas of the crown, and
3. The word is used by continental writers to signify jurisdictions,
judgments, or assemblies for discussing causes. It occurs frequently in the laws
of tae Longobards, in which there is a title de his qui ad, placitum venire
coguntur. The word, it has been suggested, is derived from the German platz,
which signifies the same as area facta. See Const. Car. Mag. Cap. IX. Hine-mar's
Epist. 227 and 197. The common formula in most of the capitularies is "Placuit
atque convenit inter Francos et corum proceres," and hence, says Dupin, the laws
themselves are often called placita. Dupin, Notions sur le Droit, p. 73.
PLAGIARISM. The act of appropriating the ideas and language of
another, and passing them for one's own.
2. When this amounts to piracy the party who has been guilty of it will be
enjoined, when the original author has a copyright. Vide Copyright; Piracy;
Quotation; Pard. Dr. Com. n. 169.
PLAGIARIUS, civil law. He who fraudulently concealed a freeman or
slave who belonged to another.
2. The offence itself was called plagium.
3. It differed from larceny or theft in this, that larceny always implies
that the guilty party intended to make a profit, whereas the plagiarius did not
intend to make any profit. Dig. 48, 15, 6; Code, 9, 20, 9 and 15.
PLAGIUM. Man stealing, kidnapping. This offence is the crimen plagii
of the Romans. Alis. Pr. Cr. Law, 280, 281.
PLAINT, Eng. law. The exhibiting of any action, real or personal, in
writing; the party making his plaint is called the plaintiff.
PLAINTIFF, practice. He who, in a personal action, seeks a remedy for
an injury to his rights. Ham. on Parties, h. t.; 1 Chit. Pl. Index, h. t.; Chit.
Pr. Index, h. t.; 1 Com. Dig. 36, 205, 308.
2. Plaintiffs are legal or equitable. The legal plaintiff is he in whom the
legal title or cause of action is vested. The equitable plaintiff is he who, not
having the legal title, yet, is in equity entitled to the thing sued for; for
example, when a suit is brought by Benjamin Franklin for the use of Robert
Morris, Benjamin Franklin is the legal, and Robert Morris the equitable
plaintiff. This is the usual manner of bringing suit, when the cause of action
is not assignable at law, but is so in equity. Vide Bouv. Inst. Index, h. t.;
Parties to Actions.
PLAINTIFF IN ERROR. A party who sues out a writ of error, and this
whether in the court below he was plaintiff or defendant.
PLAN. The delineation or design of a city, a house or houses, a
garden, a vessel, &c. traced on paper or other substance, representing the
position, and the relative proportions of the different parts.
2. When houses are built by one person agreeably to a plan, and one of them
is Sold to a person, with windows and doors in it, the owner of the others
cannot shut up those windows, nor has his grantee any greater right. 1 Price, R.
27; 2 Ry. & Mo. 24; 1 Lev. 122; 2 Saund. 114, n. 4 1 M. & M. 396; 9 Bing
305; 1 Leigh's N. P. 559. See 12 Mass: 159; Hamm. N. P. 202; 2 Hill. Ab. c. 12,
n. 6 to 12; Com. Dig. Action on the case for a nuisance, A. See Ancients Lights;
PLANTATIONS. Colonies, (q. v.) dependencies. (q. v.) 1 Bl. Com. 107.
In England, this word, as it is used in St. 12, II. c. 18, is never applied to,
any of the British dominions in Europe, but only to the colonies in the West
Indies and America. 1 Marsh. Ins, B. 1, c. 3, §2, page 64.
2. By plan tation is also meant a farm.
PLAT. A map of a piece of land, in which are marked the courses and
disstances of the different lines, and the quantity of land it contains.
2. Such a plat;nay be given in evidence in ascertaining the position of the
land, and what is included, and may serve to settle the figure of a survey, and
correct mistakes. 5 Monr. 160. See 17 Mass. 211; 5 Greenl. 219; 7 Greenl, 61; 4
Wheat. 444; 14 Mass. 149.
PLEA, chancery practice. "A plea," says Lord Bacon, speaking of
proceedings in courts of equity, "is a foreign matter to discharge or stay the
suit." Ord. Chan. (ed. Beam.) p. 26. Lord Redesdale defines it to be " a special
answer showing or relying upon one or more thisgs as a cause why the suit should
be either dismissed, delayed or barred." Mitf. Tr. Ch. 177; see Coop. Eq. Pl.
223; Beames' Pl. Eq. 1. A plea is a special answer to a bill, and differs in
this from an answer in the common form, as it demands the judgment of the court
in the first instance, whether the matter urged by it does not debar the
plaintiff from his title to that answer which the bill requires. 2 Sch. &
2. Pleas are of three sorts: 1. To the jurisdiction of the court. 2. To the
person of the plaintiff. 3. In bar of the plaintiff's suit. Blake's Ch. Pr. 112.
See, generally, Beames' Elem. of Pleas in Eq.; Mitf. Tr. Cha. oh. 2, s. 2, pt.
2; Coop. Eq. Pl. ch. 5; 2 Madd. Ch. Pr. 296 to 331; Blake's Ch. Pr. 112 to 114;
Bouv. Inst. Index, h. t.
PLEA, practice. The defendant's answer by matter of fact, to the
2. It is distinguished from a demurrer, which opposes matter of law to the
declaration. Steph. Pl. 62.
3. Pleas are divided into plea dilatory and peremptory; and this is the most
general division to which they are subject.
4. Subordinate to this is another division; they are either to the
jurisdiction of the court, in suspension of the action; in abatement of the
writ; or, in bar of the action; the first three of which belong to the dilatory
class, the last is of the peremptory kind. Steph. Pl. 63; 1 Chit. Pl. 425;
Lawes, Pl. 36.
5. The law has prescribed and settled the order of pleading, which the
defendant is to pursue, to wit; 1st. To the jurisdiction of the court. 2d. To
the disability, &c. of the person. 1st. Of thepla'intiff. 2d. Of the
defendant. 3d. To the count or declaration. 4th. To the writ. 1st. To the form
of the writ; first, Matter apparent on the face of it, secondly, Matter dehors.
2d. To the action of the writ. 5th. To the action itself in bar.
6. This is said to be the natural order of pleading, because each subsequent,
plea admits that there is no foundation for the former. Such is the English law.
1 Ch. Plead. 425. The rule is different with regard to the plea of jurisdiction
in the courts of the United States and those of Pennsylvania. 1. Binn. 138; ld.
219; 2 Dall. 368; 3 Dall. 19; 10 S. & R. 229.
7. - 2. Plea, in its ancient sense, means suit or action, and it is sometimes
still used in that sense; for example, A B was summoned to answer C D of a plea
that he render, &c. Steph. Pl. 38, 39, u. 9; Warr. Law Studies, 272, note n.
8. - 3. This variable word, to plead, has still another and more popular use,
importing forensic argument in a cause, but it is not so employed by the
profession. Steph. Pl. App. note 1.
9. There are various sorts of pleas, the principal of which are given below.
10. Plea in abatement, is when, for any default, the defendant prays that the
writ or plaint do abate, that is, cease against him for that time. Com. Dig.
11. Hence it may be observed, 1st. That the defendant may plead in Abatement
for faults apparent on the writ or plaint itself, or for such as are shown
dehors, or out of the writ or plaint. 2d. That a plea in, abatement is never
perpetual, but only a temporary plea, in form at least, and if the cause
revived, the plaintiff may sue again.
12. If the defendant plead a plea in abatement, in his plea, he ought
generally to give a better writ to the plaintiff, that is, show him what other
and better writ can be adopted; Com. Dig. Abatement, I 1; but if the plea go to
the matter and substance of the writ, &c., he need not give the plaintiff
another writ. Nor need he do so when the plea avoids the whole cause of the
action. Id. I 2.
13. Pleas in abatement are divided into those relating, first, to the
disability of the plaintiff or defendant; secondly, to the count or declaration;
thirdly, to the writ. 1 Chit. Pl. 435.
14. - 1. Plea in abatement to the person of the plaintiff. Pleas of this kind
are either that the plaintiff is not in existence, being only a fictitious
person, or dead; or else, that being in existence, he is under some disability
to bring or maintain the action, as by being an alien enemy; Com. Dig.
Abatement, E 4 Bac. Abr. Abatement, B 3; 1 Chit. Pl. 436; or the plaintiff is a
married woman, and she sues alone. See 3 T. R. 631; 6 T. R. 265.
15. Plea in abatement to the person of the defendant. These pleas are
coverture, and, in the English law, infancy, when the parol shall demur. When a
feme covert is sued, and the objection is merely that the hushand ought to have
been sued jointly with her; as when, since entering into the contract, or
committing the tort, she has married; she must, when sued alone, plead her
coverture in abatement, and aver that her hushand is living. 3 T. R. 627; 1
Chit. Pl. 437 , 8.
16. - 2. Plea in abatement to the count. Pleas of this kind are for some
uncertainty, repugnancy, or want of form, not appearing on the face of the writ
itself, but apparent from the recital of it in the declaration only; or else for
some variance between the writ and declaration. But it was always necessary to
obtain oyer of the writ before the pleading of these pleas; and since oyer
cannot now be had of the original writ for the purpose of pleading them, it
seems that they can no longer be pleaded. See Oyer.
17. Plea in abatement to the form of the writ. Such pleas are for some
apparent uncertainty, repugnancy, or want of form, variance from the record,
specialty, &c., mentioned therein, or misnomer of the plaintiff or
defendant. Lawes' Civ. Pl. 106; 1 Chit. Pl. 440.
18. Plea in abatement to the action of the writ. Pleas of this kind are
pleaded when the action is misconceived, or was prematurely commenced before the
cause of action arose; or when there is another action depending for the same
cause. Tidd's Pr. 579. But as these matters are ground for demurrer or nonsuit,
it is now very unusual to plead them in abatement. See 2 Saund. 210, a.
19. Plea in avoidance, is one which confesses the matters contained in the
declaration, and avoids the effect of them, by some new matter which shows that
the plaintiff is not entitled to maintain his action. For example, the plea may
admit the contract declared upon, and show that it was void or voidable, because
of the inability of one of the parties to make it, on account of coverture,
infancy, or the like. Lawes, Pl. 122.
20. Plea in bar, is one that denies that the plaintiff has any cause of
action. 1 Ch. Pl. 459 Co. Litt. 303 b; 6 Co. 7. Or it is one which shows some
ground for barring or defeating the action; and makes prayer to that effect,
Steph. Pl. 70; Britton, 92. See Bar.
21. A plea in bar is, therefore, distinguished from all pleas of the dilatory
class, as impugning the right of the action altogether, instead of merely
tending to divert the proceedings to another jurisdiction, or suspend them, or
abate the particular writ. It is in short a substantial and conclusive answer to
the action. It follows, from this property, that in general, it must either deny
all, or some essential part of the averments of fact in the declaration; or,
admitting them to be true, allege new facts, which obviate and repel their legal
effect. In the first case the defendant is said, in the language of pleading, to
traverse the matter of the declaration; in the latter, to confess and avoid it.
Pleas in bar are consequently divided into pleas by way of traverse, and pleas
by way of confession and avoidance. Steph. Pl. 70, 71.
22. Pleas in bar are, also divided into general or special. General pleas in
bar deny or take issue either upon the whole or part of the declaration, or
contain some new matter which is relied upon by the defendant in his defence.
Lawes Pl. 110.
23. Special pleas in bar a re very various, according to the circumstances of
the defendant's case; as, in personal actions, the defendant may plead any
special matter in denial, avoidance, discharge, excuse, or justification of the
matter alleged in the declaration, which destroys or bars the plaintiff's
action; or he may plead any matter which estops, or precludes him from averring
or insisting on any matter relied upon by the plaintiff in his declaration. The
latter sort of pleas are called pleas in estoppel. In real actions, the tenant
may plead any matter which destroys and bars the demandant's title; as, a
general release. Id. 115, 116.
24. The general qualities of a plea in bar are, 1. That it be adapted to the
nature and form of the action, and also conformable to the count. Co. Litt. 303,
a 285, b; Bac. Abr. Pleas, I; 1 Roll. Rep. 216.
2. That it answers all it assumes to answer, and no more. Co. Litt. 303 a;
Com. Dig. Pleader, E 1, 36; 1 Saund. 28, n. 1, 2, 3; 2 Bos. & Pull. 427; 3
Bos. & Pull. 174.
3. In the case of a special plea, that it confess and admit the fact. 3 T. R.
298; 1 Salk. 394; Carth. 380; 1 Saund. 28, n. and 14 u. 3 10 Johns. R. 289.
4. That it be single. Co. Litt. 304; Bac. Ab. Pleas, 2 Saund. K, 1, 2; Com
Dig. Plead. E 2; 49, 50; Plowd. Com. 140, d.
5. That it be certain. Com. Dig. Pleader, E 5, 7, 8, 9, 10, 11; C 41; this
Dict. Certainty; Pleading.
6. It must be direct, positive, and not argumentative. See 6 Cranch, 126; 9
Johns. It. 313.
7. It must be capable of trial. 8. It must be true and capable of proof. See
25. The parts of a plea in bar may be considered with reference to,
1. The title of the court in which it is pleaded.
2. The title of the term.
3. The names of the parties in the margin. These, however, do not constitute
any part of the plea. The surnames only are usually inserted, and that of the
defendant precedes the plaintiff's; as, " Roeats. Doe."
4. The commencement which includes the statement of, 1. The name of the
defendant; 2. The appearance; 3. The defence; see Defence; 4. The actio non; see
5. The body, which may contain, 1. The inducement; 2. The protestation; 3.
Ground of defence 4. Qua est eadem; 5. The traverse. 6. The conclusion.
26. Dilatory pleas are such as delay the plaintiff's remedy, by questioning,
not the cause of action, but the propriety of the suit, or the mode in which the
remedy is sought.
27. Dilatory pleas are divided by Sir William Blackstone, into three kinds:
1. Pleas to the jurisdiction of the court; as, that the cause of action arose
out of the limits of the jurisdiction of the court, when the action is local. 2.
Pleas to the disability of the plaintiff, or, as they are usually termed, to'
the person of the plaintiff; as, that he is an alien enemy. 3. Pleas in
abatement of the writ, or count; these are founded upon some defect or mistake,
either in the writ itself; as, that the defendant is misnamed in it, or the
like; or in the mode in which the count pursues it; as, that there is some
variance or repugnancy between the count and writ; in which case, the fault in
the count furnishes a cause for abating the writ. 2 Bl. Com. 301 Com. Dig.
Abatement, G 1, 8; Id. Pleader, C 14, 15; Bac. Ab. Pleas, F 7.
28. All dilatory pleas are sometimes called pleas in abatement, as
contradistinguished to pleas to the action; this is perhaps not strictly proper,
because, though all pleas in abatement are dilatory pleas, yet all dilatory
pleas are not pleas in abatement. Gould on Pl. ch. 2, §35; vide 1 Chit. PI, ch.
6; Bac. Ab. Abatement, 0; 1 Mass 358; 1 John. Cas. 101. 2. A plea in discharge,
as distinguish ed from a plea in avoidance, is one which admits the demand, and
instead of avoiding the payment or satisfaction of it, shows that it has been
discharged by some matter of fact. Such are pleas of payment, release, and the
30. A plea in excuse, is one which admits the demand or complaint stated in
the declaration, but excuses the non-compliance of the plaintiff's claim, or the
commission of the act of which he complains, on account of the defendant having
done all in his power to satisfy the former, or not having teen the culpable
author of the latter. A plea of tender is an example of the former, and a plea
of son assault demesne, an instance of the latter.
31. A foreign plea is one which takes the cause out of the court where it is
pleaded, by showing a want of jurisdiction in that court. 2 Lill. Pr. Beg. 374;
Carth. 402. See the form of the plea in Lill. Ent. 475.
32. A plea of justification is one in which the defendant professes purpo
sely to have done the acts which are the subject of the plaiutiff's suit, in
order to exercise that right which he considers he might in point of law
exercise, and in the exercise of which he conceives himself not merely excused,
33. A plea puis darrein continuance. Under the ancient law, there were
continuances, i. e. adjournments of the proceedings for certain purposes, from
one day or one term to another; and, in such cases, there was an entry made on
the record, expressing the ground of the adjournment, and appointing the parties
to reappear at a given day.
34. In the interval between such continuance and the day appointed, the
parties were of course out of court, and consequently not in a situation to
plead. But it sometimes happened, that after a plea had been pleaded, and while
the parties were out of court, in consequence of such continuance, a new matter
of defence arose, which did not exist, and which the defendant had consequently
no opportunity to plead, before the last continuance. This new defence he was
therefore entitled, at the day given for his reappearance, to plead as a matter
that had happened after the last continuance, puis darrein continuance. In the
same cases that occasioned a continuance in the ancient common Iaw, but in no
other, a continuance shall take place. At the time indeed, when the pleadings
are filed and delivered, no record exists, and there is, therefore, no entry at
that time, made on the record, of the award of a continuance; but the parties
are, from the day when, by the ancient practice, a continuance would have been
entered, supposed to be out of court, and the pleading is suspended, till the
day arrives to which, by the ancient, practice, the continuance would extend. At
that day, the defendant is entitled, if any new matter of defence has arisen in
the interval, to plead it according to the ancient plan, puis darrein
35. A plea puis darrein continuance is not a departure from, but is a waiver
of the first plea, and is always headed by way of substitution for it, on which
no proceeding is afterwards had. 1 Salk. 178; 2 Stran. 1195 Hob. 81; 4 Serg.
& Rawle, 239. Great certainty is requisite in pleas of this description.
Doct. Pl. 297; Yelv. 141; Cro. Jac. 261; Freem. 112; 2 Lutw. 1143; 2 Salk. 519;
2 Wils. 139; Co. Entr. 517 b. It is not sufficient to say generally that after
the last continuance such a thing happened, but the day of the continuance must
be shown, and also the time and place must be alleged where the matter of
defence arose. Id. ibid.; Bull. N. P. 309.
36. Pleas puis darrein continuance are either in bar or abatement; Com. Dig.
Abatement, I 24; and are followed, like other pleas, by a replication and other
pleadings, till issue is attained upon them such pleas must be verified on oath
before they are allowed. 2 Smith's R. 396; Freem. 352; 1 Strange, 493.
37. A sham plea is one which is known to the pleader to be false, and is
entered for the purpose of delay. There are certain pleas of this kind, which,
in consequence of their having been long and frequently used in practice, have
obtained toleration from the courts; and, though discouraged, are tacitly
allowed; as, for example, the common plea of judgment recovered, that is, that
judgment has been already recovered by the plaintiff, for the same cause of
action. Steph. on Pleading, 444, 445; 1 Chit. Pl. 505, 506.
38. Plea in suspension of the action. Such a plea is one which shows some
ground for not proceeding in the suit at the present period, and prays that the
pleading may be stayed, until that ground be removed. The number of these pleas
is small. Among them is that which is founded on the nonage of the parties, and
termed parol demurrer. Stephen on Pleading, 64. See, generally, Bac. Abr. Pleas,
Q; Com. Dig. Abatement, I 24, 34; Doct, Pl. 297; Bull. N. P. 309; Lawes Civ. Pl.
173; 1 Chit. Pl. 634,; Steph. Pl. 81; Bouv. Inst. Index, h. t.