The Practice of the Courts of Kings Bench And Common Pleas in Personal Actio

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The Practice of the Courts of Kings Bench And Common Pleas in Personal Actio
William Tidd
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Com. Dig-, tit. Prerogative, * West, 213. Man. L. Ex. 603. D. 75. 85. And sec West, 213, 14. Man. ' Parker, 50. And see 3 Anstr. 753. Man. L. Ex. 600, 601, 2.
L. Ex. 603. I West, 214. («•) s Id. Ibid, and see Man. L. Ex. 603. (o. ) r Staundf. Prxrog. 65. A. Com. Dig. Tit.
11 Man. L. Ex. 603. Prerogative, D. 85.
IN CHIEF AND IN AID. 1127 ings being in his name; 3 or if his office be vacant, by the solicitor general. 1 When the replication or demurrer is filed, the defendant must rejoin within Jo
...ur, or join in demurrer within six days. " The rule to rejoin or join in demurrer, like the rule to plead, is entered on the back of the writ of extent. * After replication, the king by his prero- gative may waive it, and reply de novo, before issue joined, in the same or another term: 5 or he may waive his demurrer to the defend- ant's plea, and reply to issue. 2 So, if the defendant demur, the crown, instead of joining in demurrer, may traverse, or Confess and avoid, the inducement. " But the defendant is not allowed to change his *plea, or waive it and plead the general issue, without the [*112S] consent of the attorney general.

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