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Common Law Procedure Act 1852

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This is the original version (as it was originally enacted).

Pleas in Actions for Wrongs independent of Contract

43. That he is not guilty. 44. That he did what is complained of by the Plaintiff's Leave. 45. That the Plaintiff first assaulted the Defendant, who thereupon necessarily committed the alleged Assault in his own Defence. 46. That the Defendant, at the Time of the alleged Trespass, was possessed of Land the Occupiers whereof for Twenty Years before this Suit enjoyed as of Right and without Interruption a Way on Foot and with Cattle from a public Highway over the said Land of the Plaintiff to the said Land of the Defendant, and from the said Land of the Defendant over the said Land of the Plaintiff to the said public Highway, at all Times of the Year, for the more convenient Occupation of the said Land of the Defendant, and that the alleged Trespass was a Use by the Defendant of the said Way. 47. That the Defendant, at the Time of the alleged Trespass, was possessed of Land, the Occupiers whereof for Thirty Years before this Suit enjoyed as of Right and without Interruption, Common of Pasture over the said Land of the Plaintiff for all their Cattle, levant and couchant, upon the said Land of the Defendant, at all Times of the Year, as to the said Land of the Defendant appertaining, and that the alleged Trespass was a Use by the Defendant of the said Right of Common. Replications 48. The Plaintiff takes Issue upon the Defendant's 1st, 2d, &c. Pleas. 49. The Plaintiff as to the Second Plea says [here state the Answer to the Plea as in the following Forms],

50. That the alleged Release is not the Plaintiff s Deed. 51. That the alleged Release was procured by the Fraud of the Defendant. 52. That the alleged Set-off did not accrue within Six Years before this Suit,

53. That the Plaintiff was possessed of Land whereon the Defendant was trespassing and doing Damage, whereupon the Plaintiff requested the Defendant to leave the said Land, which the Defendant refused to do; and thereupon the Plaintiff gently laid his Hands on the Defendant in order to remove him, doing no more than was necessary for that Purpose, which is the alleged First Assault by the Plaintiff. 54. That the Occupiers of the said Land did not for Twenty Years before this Suit enjoy as of Right and without Interruption the alleged Way. New Assignment 55. 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. [If the Plaintiff replies and new assigns, the new Assignment may be as follows:] 56. And the Plaintiff, as to the and Pleas, further says, that he sues not only for the Trespasses in those Pleas admitted, but also for, &c. [If the Plaintiff replies and new assigns to some of the Pleas, and new assigns only to the other, the Form may be as follows:] 57. And the Plaintiff, as to the and Pleas, further says, that he sues not for the Trespasses in the Pleas [the Pleas not replied to] admitted, but for the Trespasses in the Pleas [the Pleas replied to] admitted, and also for, &c.

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