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deliquescent prismatic crystals on evaporation. It is very soluble in statement of the nature of his complaint, which is called the declarawater, alcohol, or ether. On heating it to 450° Fahr., half the chlorine tion, narratio, or count, though the last of these terms is now more is expelled, and protochloride of platinum (Pt Cl) remains. Both commonly used to denote one of several distinct matters of coinplaint chlorides form crystalline double salts with alkaline chlorides. The comprised in the same declaration. potassio-chloride of platinum (KCI, Pt Cl.) is so sparingly soluble in Eight days after the delivery of the declaration, the time for pleading water, that its formation is of considerable value as a qualitative test arrives; the term “pleading being not only used in the extensive for potassium. Its insolubility in alcohol and ether admits of its being sense mentioned above, but also in the limited sense of the answer, used as a means of quantitatively estimating potassium. The ammonio- whether consisting of statement or of denial, which is made by the chloride of platinum (NH,C1, Pt Cl.) is isomorphous with the potassium defendant to the declaration. In answering the declaration, the de. salt, and is thrown down as a crystalline yellow precipitate on adding fendant is not allowed to accumulate his objections both of law and of together tolerably strong solutions of bichloride of platinum and fact in one defensive pleading. The peculiarity of our system in chloride of ammonium.

referring matters of fact to the decision of a jury, and of leaving Oxides of Platinum.—The protoxide (Pt O) is a black precipitate, questions of law only to the judges, has created a necessity for separaformed on digesting the protochloride in caustic potash, and neutra- ting the matters of law from those of fact, and of presenting the latter lising with sulphuric acid. It forms unstable salts with acids. The in a shape in which they can be readily understood by persons who are binocide (Pt 0,) is precipitated as a bulky brown hydrate, on adding not lawyers by profession. It is to the severe analysis required by carbonate of soda to excess of nitrate of platinum. It forms crystalline this feature of our jurisprudence that the system of pleading is procompounds with the alkalies and with acids.

bably indebted for its excellence. Sulphides of platinum are formed by the action of sulphuretted If, when called upon to plead, the defendant fails to do so, he is hydrogen on proto- and bi-salts of platinum. The protosulphide (PtS) supposed to admit the complaint set out in the declaration, and thereis gray, the bisulphide (Pt S.) black.

fore the court pronounces judgment against him upon his default, or, Iodides of platinum are produced by acting upon the chlorides with as it is termed, by nil dicit, those being the words by which the default iodide of potassium. The protoiodide (Pt I) is black; the biniodide of a defendant was formerly recorded. He may, however, decline to (Pt I.) is deep wine-red.

answer the charge contained in the declaration, on the ground that the Bibromide of platinum (Pt Br,) is a brown insoluble powder. court has no jurisdiction of the matter; or that the plaintiff' is not

Nitrate of platinum (Pt 0,2N03) remains in solution when nitrate entitled to sue, as being an outlaw, foreign enemy, or the like; or that of potash is added to bichloride of platinum so long as potassio-chloride the defendant cannot be sued alone, as being a married woman, or 23 3 of platinum is deposited.

party to a contract which forms the subject of the action, that he is Compound platinum and ammonia bases. Platosamine, platinamine, sued without his co-contractor being made a co-defendant in the &c.—By the action of ammonia on protochloride and bichloride of action. This is called pleading in abatement, because the defendant platinum, and by the action of nitric acid, &c., on the resulting pro- prays that the court will abate (put down) or quash the proceedings. ducts, a series of remarkable compounds have been produced by Gros, The defendant may also pass by these pleas, and almitting, for the Reiset, Gerhardt, and Raewsky. These bodies seem to be derivatives present purpose at least, that the facts stated in the declaration are of hydrated oxide of ammonium, containing platinum in the place of true, may insist that the facts give the plaintiff no cause of actin hydrogen : they bear a striking resemblance to the ammonium ORGANIC against him; he may accordingly rest (demur) upon the facts as they

appear in the declaration, and call upon the court to give judgment in Spongy platinum is a dull-gray, soft, porous form of platinum, his favour upon that state of facts. This form of pleading is callei having somewhat the appearance of sponge. It is produced on simply a “demurrer." Or, finally, the defendant may answer the complaint, igniting the ammonio-chloride of platinum. It possesses in a high or, as it is technically called, he may“ plead to the action ;” and that degree that power of inducing the combustion of inflammable gases in in one of two ways: he may deny one or more of the material allezthe manner already alluded to. When freshly prepared, it causes the tions in the declaration which is necessary to the maintenance of the inflammation of a jet of hydrogen on the latter being impinged against action : or plead one sweeping denial of the whole declaration, which a small pellet of it. By great pressure spongy platinum is condensed into is called pleading the “general issue;"—which pleas are supposed to laminæ having the metallic lustre.

“conclude to the country," that is, the defendant in them states his Platinum black differs from spongy platinum, not only in colour, but readiness to submit to the decision of a jury (who are called “ the in being perfectly amorphous. It is also in a still finer state of country,” as contradistinguished from the "court”) the truth of the division, and possesses in the highest degree the power of condensing matter of fact asserted in the declaration and denied in the plea. It is gases upon its surface and of inducing the combustion of gases and the same if the plea asserts a fact denied in the declaration; and in vapours. It is prepared by adding to bichloride of platinum, first either case the defendant is said to take issue. protosulphate of iron, then caustic soda, and afterwards hydrochloric Another mode of "pleading to the action,” is by putting in a acid; or by precipitation from the chloride by means of metallic iron“ special plea," which either expressly, or, according to modern practice, reduced by hydrogen from the oxide obtained on igniting the oxalate tacitly, admits the truth of the allegations contained in the declaration, of iron.

but which not only confesses but also avoids them. The special plea Alloys of platinum.- Platinum forms an alloy with tin, which (whence the whole system is often called “special pleading ") introcrystallises in cubes, and contains Pt, Sny. With twenty-five per duces some new fact or facts, the effect of which, if true, is to show cent. of iridium, or with nineteen and a half per cent. of iridium and that notwithstanding the facts alleged in the declaration, the plaintiff five per cent., of rhodium, platinum forms alloys that are perfectly is not entitled to maintain his action. As it is yet uncertain whether malleable : they may be worked into vessels that are almost unacted the plaintiff will deny this new matter or will admit it to be true, upon by aqua regia, and which, from their greatly increased rigidity, there can be no conclusion to the country upon such a plea, but if retain their shape longer and better than if constructed of platinum that new matter contain an affirmative proposition, the defendant is alone.

supposed to conclude his plea with a verification, that is, an offer to Detection of platinum.-The production of the yellow crystalline prove it if its truth should be controverted on the other side. This is precipitate with chloride of ammonium, which becomes converted into a called “tendering an issue." spongy metal on ignition, is sufficiently characteristic of platinum. This special plea may also consist of those facts, on which a court of

Estimation of platinum.—This may be effected in the state of spongy equity would relieve the defendant against the plaintiff's claim, and is platinum produced as already directed; or, on a tared filter, as thence called an equitable defence. ammonio-chloride of platinum which contains 44.28 per cent. of metal; The next pleading on the part of the plaintiff will be regulated by or as potassio-chloride which contains 40:43 per cent. of platinum. the course pursued by the defendant. If the defendant has ploaded in PLATINUM BLACK. [PLATINUM.]

abatement, the plaintiff either acquiesces in the action being quashed, PLATINUM, in flammable chloride of. Ethylchloroplatinic acid. or he demurs to the plea as not showing sufficient matter for quashing [ETHYL.]

the proceedings, or he replies to the plea either by taking issue PLATINOPYRIDINE. [PYRIDINE.] PLATOSAMINE. [PLATINUM.]

(denying) some material allegation in the plea, or by confessing and

avoiding the plea, alleging some matter which, consistently with the PLATOSOPYRIDINE. (PYRIDINE.]

truth of the plea, destroys its effect and shows that the proceedings PLAYHOUSE. [THEATRE] PLEA. [PLEADING.]

ought not to be quashed, or amends his proceedings. If the plaintiti

demurs to the plea in abatement, the defendant must either abandun PLEADING at Common Law. Pleadings are the allegations of the that plea and put in a plea to the action, or he must join in demurrer. respective parties to a cause expressed in technical language. In order | If, upon the argument of the demurrer, the court are of opinion that that a correct decision may be made upon disputed rights, it is neces- the plea in abatement is good, they give judgment that the proceedings sary that the points to be decided should be clearly ascertained, and be quashed : if they are of opinion that the plea is bad, the judgment this is effected by the system of pleading, whereby the precise points is, that the defendant answer over (quod respondeat ouster), in other in controversy are presented for decision, unencumbered with extraneous words, that he plead to the action. inatter.

If the plaintiff take issue upon the plea in abatement, the defendant Actions are now commenced by writ of summons, calling upon the is bound to join issue, that is, to accept the mode of trial offered, and defendant to appear, or otherwise the plaintiff will proceed to judgment | if upon a trial the issue be found for the defendant, he has judgment and execution. If the defendant fails to appear, the plaintiff obtains a that the proceedings be quashed; but if the verdict be for the plaintitf, judgment by default. If he appears in court to answer the proceedings the judgment is, not that the defendant answer over, but that the againąt him, he is then entitled to receive from the plaintiff a detailed plaintiff' recover his demand against the defendant.

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If the defendant has demurred to the declaration, the plaintiff either defendant, except on the question of costs, can make no use of his own abandons the action or he applies to the court for leave to amend his answer, further than as showing what his defence is; and he must declaration; or he joins in demurrer, asserting that the declaration is support this defence by evidence, just in the same way as the plaintift sufricient to support the action. This demurrer and joinder form“ must prove those parts of bis case which he cannot prove by the issue in law," or a question between the parties to be decided by the admissions in the defendant's answer. Any number of plaintiffs may court after hearing the matter of law argued on both sides.

join in a suit, if they have all a common interest, however unequal in The plaintiff's answer to the defendant's plea, whether in abatement value, in the subject matter of the snit; and a common interest means or in bar, is called a replication. If the defendant has taken issue, by such a legal or equitable title to the subject-matter of the suit, or to pleading in denial of part or of the whole of the declaration, the some part of it, as will entitle them to a decree which shall affect the plaintiff joins issue. If the defendant has pleaded specially, the defendants. All the plaintitis in a suit are considered one, as appears plaintiff may either take issue upon the new matter alleged, or he may from the general rule that a suit is abated by the death of a plaintifi plead new matter, thus in his turn confessing and avoiding the de- or the marriage of a female plaintiff; and also from the rule that a iendant's plea, doing this by equitable replication if the case admits of person who has no interest in the subject of the suit cannot join as a it. Whenever in the course of the pleading in a cause one party takes plaintiff with one who has. But the suit is a different suit against each a proper issue upon an allegation of his adversary, that adversary is defendant, for each defendant may answer separately to the bill; and bound to join issue and go to trial before a jury; but when, instead of no defendant is affected in any way by the answer of a co-defendant. taiking issue, new matter is pleaded, the adversary has the option of If a defendant dies, the suit abates as to him, but continues as to the taking issue upon that new matter, of confessing and avoiding it, or of other defendants, though it is nearly always necessary to restore the demurring to it. As the pleadings may thus go on through several integrity of the suit by making the personal representative or the heir more stages, names have been devised for those which most frequently at law of the deceased defendant a party to it. arise. The defendant's answer to the plaintiff's replication is called a

The writ of Subpæna was until recently the original process by rejoinder ; the plaintiff's answer to the rejoinder is called a surrejoinder; which a party was brought before the court. This writ required the the defendant's answer to the surrejoinder is a rebutter ; and the person to whom it was addressed to appear and answer " upon pain plaintiff's answer to the rebutter is a surrebutter. The proceedings of an attachment issuing against his person, and such other process might go on ad infinitum, but for a very salutary rule which forbids a for contempt as the court should award.” Those who had privilege party from alleging anything inconsistent with, or even not corrobora- of peerage were required to appear and answer by a Letter Missive from tive of, his previous pleading. A violation of this rule is called “ the lord chancellor. The act 15 & 16. Vict. c. 86, substitutes the departure in pleading,” and if not amended is attended with fatal con- service of a copy of the bill upon the defendant for the old process. sequences to the party guilty of it.

The bill is briefly and sufficiently defined to be “ a declaration in The above is a short and necessarily incomplete sketch of the course writing, showing the plaintifes griefe, and the wrong which he supoof pleuing at common law, without defining the strict rules by which seth to bee done unto him by the defendant, and what damages he the altercations between the parties are carried on, the object of which sustaineth by occasion thereof, praying process against him for redresse is to develope the precise points in controversy between parties, and to of the same.” (West, “Simboleography, 194, ed. 1622.) “ And first present them in the most convenient shape for decision. Of these | the matter of every bill ought to be true. Secondarily, the same rules Lord Mansfield observes : “ The substantial rules of pleading are matter ought to be laid down therein plainly and certainly in every founded in strong sense and in the soundest and closest logic, and so circumstance of the thing, person, time, place, manner of doing, and appear when well understood and explained; but by being misunder other accidents. And thirdly, the same ought to be sufficient in law, stood and misapplied, are often made use of as instruments of chicane.” | both for the forme thereof, and for the matter, that it be such as is The object of most of the new rules of pleading has been to prevent examinable in this court; which being otherwise, may be dismissed this misapplication as well as to lessen expense, though, as might be thence.” (West.) expected, in order to avoid an evil practically felt, restrictions have been

A bill then is a declaration in writing of a complainant, or of introduced which are found to be productive of as much incon- several complainants who have such a common interest as may form venience as that sought to be remedied.

the subject of one suit. Like a declaration at law, it contains the Where a point is raised which is found to consist wholly or prin-claim of the plaintiff and the grounds thereof. In form it is, as cipally of matter of fact, the parties, provided there has been a correct already observed, a petition or supplication : as it commences with application of the rules of special pleading, are distinctly apprised by words of supplication, so it concludes with a prayer for relief. the pleadings of the exact nature of the question to be decided by a According to present practice, a bill has become a much longer declajury, and are thus enabled to direct their attention to that question, ration than formerly, which is partly owing to the more complicated and prepare their proofs with reference to that question only. If the nature of modern transactions, and partly to other causes. It is divided point in controversy is found to resolve itself into a question of law, a into various parts by modern writers, but in effect it only contains two decision may be obtained by submitting the matter to the opinion of parts, the declaration of the grievance and the prayer for relief. The the court after argument upon demurrer, without the trouble, expense, Charges; the statements are or ought to be a clear exposition of the facts

declaration consists of what are technically called Statements and and hazard of a trial before a jury.

We possess very little information as to the mode of pleading on which the plaintiff founds his title to relief; and every fact which previous to the Conquest. At or soon after that period an important is necessary, either by itself or coupled with other facts, to support revolution took place. The pleadings in the Aula Regia, and afterwards the plaintiff's prayer, should be sufficiently alleged. This rule, though in the courts which branched out of it, appear to have been con

it may appear. vague, and would be useless to any person who ducted vivâ voce in the French language, by Norman advocates called attempted to draw a bill without experience in such matters, really “countours.” After a discussion before the court as to the proper contains all that can be said in general terms. The recent Chancery form of pleading (SLRJEANTS], the pleadings were minuted down by Amendment Act directs that “ every bill shall contain as concisely as the officers of the court in the form in which they had been finally may be a narrative of the material facts, matters, and circumstances, agreed upon. Thus, little or no inconvenience arose from the pro- on which the plaintiff relies, such narrative being divided into hibition which existed against the making of any alteration in the paragraphs numbered consecutively, and each paragraph containing, pleadings after they were entered. In the reign of Edward III. the is nearly as may be, a separate and distinct statement or allegation, and pleadings were directed to be carried on in English, and the entries of shall pray specifically for the relief which the plaintiff may consider these pleadings to be in Latin. Afterwards a custom was introduced himself entitled to, and for general relief.” of preparing the pleading out of court and delivering them to the The statements of a bill may be followed by charges, which the above oficers to be entered. In consequence of this arrangement defects in enactment does not forbid, and which are not a mere repetition of the pleadings were not discovered until a period at which the parties were statements, but contain certain things or facts either already stated and bound by them as being entered, and it became necessary for the alleged in the charges with more particularity for the purpose of legislature to interfere in order to allow amendments to be made in obtaining an admission from the defendant, or they contain new facts 80.ne cases, and in others to direct the judges to pronounce judgment of which in like manner the plaintiff wishes to obtain an aclmission as without regard to formal objections. By the late rules all pleadings evidence in support of his statement and his prayer for relief. It is must be delivered by the one party to the other. (* Blackstone's Com. also usual in the charges to suggest the defendant's grounds of defence, Mr. Kerr's ed., vol. iii., paskim.)

for the purpose of ascertaining what they are, and generally to make PLEADING IN EQUITY. The following remarks may serve to all such charges as, if admitted or proved, would sustain the plaintiff's show how far Pleading in Equity differ from Pleadings at Law, from claim against the defendant. Another object is to discover what which they are derived ; and they may be taken as supplemental to defence the defendant will make. But the main purpose of the charges the article EQUITY, in which a reference is made to this article. is to obtain from the defendant what is technically called discovery,

The Answer in Equity differs materially from the answer at Law, in that is, evidence in support of the plaintiti's claim, either by the being upon oath, except in the case of persons who have privilege of adınissions in the defendant's answer, or from written papers in the peerage, or are Quakers or Moravians, and in the case of a corporation ; possession or power of the defendant. This is the great distinction and the plaintiff may use the whole of the defendant's answer as evidence in present practice between a declaration at law and a bill in equity. against him at the hearing of the cause, or such integral part of it as he | Both state the plaintiff's demand and the foundation of it; but the may think proper. He may also, by means of the admissions contained bill in equity also contains a large part of what, if proved, would be in the answer, obtain the inspection of books, papers, and writings in the plaintiff's evidence. Now much of this matter which is charged the defendant's pos 'casion, which support his (the plaintiff's) claim, in a bill may be and often is entirely false, and is invented by the and he may use them as evidence at the hearing of the cause. The plaintiff for the purpose of seeing whether he cannot extract some

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evidence favourable to himself from the defendant. The plaintiff either by negation or affirmation or both, to all the allegations in the may invent or suggest as much false matter as he pleases, but it must bill which give the plaintiff a title to that which he demands of or be matter of that kind, which, if true, would give him a right to that against the defendant. The formal badness of such plea is a neceswhich he demands of or against the defendant. Now the defendant sary consequence of the admitted truth of all those parts of the bill must, if required, answer all that the plaintiff distinctly alleges in his to which the averments of the plea do not extend. In order therefore bill, provided it be material to the plaintiff's case, or he must demur that a plea may be taken as a sufficient answer to the whole bill, it or plead to it; and he cannot demur, in the case supposed, because he must contains sufficient averments to negative or displace all the thereby admits the plaintiff's case to be true, and therefore he must allegations in the bill which, if true, gave the plaintiff a title to relief. admit that the plaintiff is entitled to the relief which he prays. Thus But inasmuch as a plea is an answer, the defendant must, in addition the plaintiff, by means of the right which he has to compel an answer, to the averments, give an answer upon oath to all those statements incidentally may obtain the discovery, that is, the evidence, which he and charges in the bill upon which he is interrogated, which, if true. wishes to have. If the defendant can plead to the bill, he is not would destroy the effect of the matter pleaded ; and this is called bound to answer beyond the plea; for a good plea is a complete supporting a plea by an answer, which is generally necessary. If the answer to the whole bill, or to such part of the bill as it extends to. plea is decided to be good in form, then the truth of the plea alone is

Formerly, the charging part of a bill was followed by interrogatories, in issue between the plaintiff and defendant, and the cause is heard in which the whole of the matter stated and charged was repeated, and on the issues so joined : just as, in the case where the bill is answeredi, the defendant called upon to say yes or no, or give some explanation the cause is heard upon all the issues of law and fact joined by such every

item. The recent Act has forbidden the insertion of inter- bill and answer. If a plea is simply overruled, the defendant must rogatories in the bill, and the plaintiff, if his bill be such as requires an answer the bill. If it is overruled, the answer in support of the answer, must file interrogatories for the examination of the defendants plea, if there is one, may serve for an answer as far as it goes, separately. The defendant need not answer except thus called upon, and the court may accordingly order it to stand for an answer to such he may however do so spontaneously if he chooses.

part of the bill, with liberty to except to it or not, according as it “ An answer is that which the defendant pleadeth or saith in barre may be an insufficient or sufficient answer to that part of the bill to to avoid the plaintiff's bill or action, either by confession and avoiding, which it extends. or by denying and traversing the material parts thereof." (West, 194.) The matter pleaded as an answer to the bill must be one thing, and Thus it appears that an answer in equity is in form the same as a plea such a thing as is an answer to the whole of the plaintiff's demand, or to the action at law. It must be a complete answer to everything to so much of the bill as the plea extends to. The defendant cannot, sufficiently alleged and charged in the bill, at least to everything that according to the rules of equity pleading, plead in bar several and is material to the plaintiff's claim. By the recent Act it is enacted, distinct matters, any one of which would be an answer to the bill. that “the answer may contain not only the answer of the defendant But if the averments are averments of separate facts which form one to the interrogatories, but such statements material to the case as the material fact, such averments make a good plea; which is thus exdefendant may think it necessary or advisable to set forth therein, pressed by Lord Eldon :-“ The office of a plea generally is not to and such answer shall be divided into paragraphs numbered con- deny the equity, but to bring forward a fact which, if true, displaces secutively, each paragraph containing as nearly as may be, a separate it: not a single averment, as the averment in this answer, that no and distinct allegation.”

bill of sale was executed, but perhaps a series of circumstances forming A defendant, as already observed, must in proper form and in due in their combined result one fact which displaces the equity (Loru time, as prescribed by the rules of the court, answer the interrogatories Eldon, Rowe v. Teed, 15 Ve. 377). upon oath, unless he has privilege of peerage, or be a Quaker, or other The definition of a plea “not denying the equity, but bringing person who is excused from taking an oath, in which case his statement forward a fact which, if true, displaces it,” is in substance the same as on honour in the case of those who have privilege of peerage, and in the definition of an exceptio by Gaius (iv. 119) :-"Omnes exceptiones the other case his solemn affirmation, is sufficient. But the plaintiff in contrarium concipiuntur, quia adfirmat is, cum quo agitur.” may consent to take the answer without the defendant's oath or signa- A defendant may disclaim all interest, right, or title in or to the ture, which is sometimes done. Those who are not Christians must matter of the plaintiff's bill; but it will nearly always happen that swear to the truth of their answer in such form as the religion which such disclaimer will be an insufficient answer by itself, and that there they profess declares to be a binding form.

will be parts of the bill to which it will be necessary to give an A plaintiff may by leave of the court amend his bill either before answer. answer or after ; that is, he may strike out parts and insert new parts; A defendant may demur to a part of a bill as well as to the whole and it is not easy to say what are the limits to the amount of altera- bill : he may also plead to a part of a bill as well as to the whole bill : tion. A defendant is rarely permitted to amend his answer.

and he may demur, plead, answer, and disclain, with respect to the A demurrer in equity needs little explanation further than what has same bill. But it is very rare that any two of these ways of pleading been given. [EQUITY.) When it is å demurrer to the whole bill, are united, except an answer and disclaimer, on account of the practical which is the most usual kind of demurrer, the object generally is to difficulty attendant on such a mode of defence. For it follows from get rid of the suit, and to avoid an answer which may give the plaintiff the nature of these ways of pleading that they must severally apply to some discovery. If the demurrer is allowed, the suit is properly at an substantially different parts of the bill

. A man cannot plead to that end; but leave is often given to the plaintiff to amend his bill, parti- matter to which he demurs; for to plead is to offer something as an cularly where the demurrer is for want of proper parties. If the answer sufficient in substance, though it may not be so in form, and to demurrer is overruled, the suit proceeds.

demur is to allege that he ought not to answer. For the same reason A plea in equity may require a few words of explanation. A plea he cannot answer, in the formal manner of an answer, to that to which in bar to the whole bill, which is the common kind of plea, is an he has either pleaded or demurred, having by pleading already offered averment which is offered as a substantial answer to all the statements something as a sufficient answer, and having by demurrer alleged that and charges in the bill, though it is not in form such an answer. In he ought not to answer. “A plea or answer will therefore overrule a fact, a plea in equity is the same thing as a plea at law : it is the demurrer, and an answer a plea ; and if a disclaimer and answer are defendant's answer to the whole of what is adversely alleged, and as inconsistent, the matter will be taken most strongly against the defenit does not in terms answer all that is adversely alleged, it must be dant upon the disclaimer.” (Mitford, p. 320.) taken to admit that to be true which it does not in terms answer, Pleadings in equity were formerly continued, like pleadings at law, because the averments of the plea are offered as a complete answer to beyond the bill and answer. The plaintiff replied to the defendant's the bill. In the old books there is no distinction made between a plea answer by his replication, which is defined to be “the plaintife's speech in equity and an answer in equity; nor is there any difference sub- or answer to the defendant's answer, which must affirm and pursue his stantially. “A plea is a special answer to a bill, differing in this from bill, and confesse and avoid, denie or traverse the defendant's answer." an answer in the common form, as it demands the judgment of the (West.) Thus if the answer denied the plaintiff's claim as stated in court in the first instance whether the matter urged by it does the bill, and suggested or stated some new matter, it was necessary for nut debar the plaintiff from his title to that answer which the bill the plaintiff to make a special reply which was analogous to the requires." (Lord Redesdale, in Roche v. Morgell, 2 S. and L., p. 724.) | defendant's answer. To meet this special replication, the defendant Now, as a complete answer is that which the plaintiff requires, and is put in a rejoinder, which is defined to be “the answer which the entitled to if his bill is good in substance and form, and as discovery defendant maketh to the plaintif’s replication, which must pursue and is in many cases his chief object, and in some cases his only object, it confirm his answer and not swarve from the same, and sufficiently is evident that before any further proceedings can be taken in the confesse and avoid, denie or traverse each material part of the plaintif's matter of a bill to which a defendant pleads, it must be determined replication. If the parties be not at issue by reason of some new whether the plea is good in form: and for this purpose the averments matter disclosed in the defendant's rejoynder that requireth answer, of the plea must be considered as true; and all that part of the then may the plaintif surrejoyne to the said rejoynder, and the defen. bill must also be considered as true to which the plea is no direct dant in like manner to the surrejoynder, if there be cause, which

hapneth verie seldome.” (West.) Now, the plea is good in form if it contains averments which either This method of pleading by special replications and rejoinders is directly negative all the allegations in the bill that give the plaintiff a now disused, and all the objects of such proceedings are at present title to relief against the defendant, or positive averments which attained by the power which the plaintiff has of amending his bill and destroy the effect of such allegations. The plea is bad in form if the stating his case in a better form after he has seen the defendant's averments of the plea, though true (as on arguing the formal good answer. The disuse of special replications has also led to the practice ness of the plea they are assumed to be), are not a complete answer of frequently stating the plaintiff's case more completely in his bill in

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the first instance, and introducing numerous charges and suggestions. as by the acceptance of a higher security without an express stipulaThus if the plaintiff anticipates that the defendant may plead to his tion that the pledge shall continue. bill, and so prevent him from obtaining the complete answer which he If the engugement, to protect which the pledge is given, be not wishes, he will charge various matters in his bill which will destroy performed within the stipulated time, the pledgee may sell, upon the effect of the anticipated plea, unless the defendant supports his giving due notice to the pledgor. If no time be stipulated, the pledgee plea by a full answer to such matters.

may give notice that he requires a prompt fulfilment of the engageAccording to recent practice the plaintiff may at any time after the ment, upon non-compliance with which he may sell. time allowed for answering. has expired, move the court for a decree, The possession of the pledge does not affect the right of the pledgee in which he relies entirely upon the admissions in the answer to to enforce performance of the engagement, unless there be a special substantiate his own case. If the answer is against him, he must file a agreement, by which he has engaged to resort to the pledge only, or to replication, by which he joins issue with the defendant, and both sides look to it in the first instance. are at liberty at once to go into evidence to support their several Though the pledgee may sell, he cannot appropriate the pledge to

himself upon the default of the pledgor; nor is he at liberty to use it The form of pleading used in this country is derived from that of without the permission of the owner, expressed or clearly implied. the Romans. In Bracton's work, the fifth part, which is entitled Such an implication arises where the article is of a nature to be bene. *De Exceptionibus,' occupies the same place in his treatise as the same fited by or to require being used, in which latter case the use is not matter does in the Institutes of Gaius and of Justinian, and the terms only justifiable but indispensable to the discharge of the duty of the used by Bracton are those of the Roman law : indeed, the whole work pledgee. (Story's Commentaries on Law of Bailment.') of Bracton follows the method and order of Justinian's Institutes. A As to the power of an agent to pledge, see AGENT ; and Factor. comparison between the Roman and English procedure in equity is PLEDGE (Roman). This word formerly denoted a person who made in Gilbert's Forum Romanum.'

was a security for another; but it now denotes a thing which is a After the Legis Actiones among the Romans fell into disuse, the security, and generally for a debt. mode of procedure was per formulas, the nature of which is fully The chief rules of English law as to mortgaging and pledging are explained by Gaius (iv. 39, &c.). The Demonstratio was that part of derived from the Roman law, in which however there is no distinction the formula which showed the matter upon which the plaintiff*s among pledges, dependent on the nature of the thing pledged, whether demand was founded; the Intentio contained the demand; the Adju. it was a thing moveable or immoveable, corporeal or incorporeal; and a dicatio gave power to a judex to decide on the matters in dispute; and thing could not be the subject of pledge unless it could be the subject the Condemnatio empowered him to make a decree in favour of the of buying and selling, for the power of selling a pledge was an implaintiff, or to dismiss the defendant, according to the evidence pro- portant part of the creditor's security. A man might pledge a thing duced before him. The formula was a proceeding in jure, that is, either for his own or another person's debt. The terms used in the before the prætor, and it contained the instructions to the judex, to Roman law to express pledging, and also the thing pledged, are Pignus whom, according to Roman practice, the investigation of the facts and and Hypotheca. It is properly hypotheca, where there is a bare agree. the ministerial duty of pronouncing the decree were entrusted. The ment (nuda conventio) that a thing shall be a security to a creditor for answer of the defendant to the plaintiff's claim was called Exceptio, a debt, and the thing remains in the possession of the debtor. The and exceptiones were either peremptoriæ-in the bar, or dilatoriæ-- word hypotheca (ÚFoðńkn) is Greek, and denotes a thing subjected to a in abatement. The plaintiff might answer the defendant's plea by his claim or demand. When the thing was delivered to the creditor, it Replicatio, and the defendant might answer the Replicatio by a Dupli- was called Pignus (Isid., Orig.,' v., c. 25); and as moveable things catio, to which the plaintiff might answer by a Triplicatio; "and the would for obvious reasons be most frequently delivered, a notion got practice of all such pleadings,” says Gaius (iv. 129)," has been sometimes established among some Roman lawyers, aided by an absurd etymology carried even farther than this, owing to the multifarious character of (pignus appellatum à pugno, ‘Dig., 50, tit. 16, s. 238), that the term

à the matters in dispute.”

pignus was applicable only to a pledge of moveable things; and this One example may be sufficient as an instance of the Roman pleading. notion has also prevailed in modern times. The true etymology of "If an argentarius sue for the price of a thing sold by public auction, pignus seems to be the same as that of pactum. It is generally said the form of the defendant's plea may be a submission to have judgment that hypotheca corresponds to the English mortgage, and pignus to against him, provided (si) the thing which was purchased has been pawn or pledge; but this is not the case. No ownership was transdelivered to him; and this is a good plea (exceptio). But if the con- ferred by the Roman hypotheca. The term hypothecation in English ditions of sale were that there should be no delivery till the money law is still used to express the mortgage of a ship or its cargo. was paid, the argentarius may put in a replication to this effect, sub- After the time agreed on for payment was passed, the creditor had mitting to the plea, unless (nisi) the conditions of sale were that the the right of selling the pledge and of retaining his debt out of the thing should not be delivered to the purchaser before he had paid the produce of the sale. If the produce of the sale was not sufficient to money” (iv. 126). The words si and nisi, which are used in this pas. discharge the debt, he had a personal action against the debtor for the sage, were introduced merely for the purpose of adapting the pleadings remainder. Originally perhaps he could only have this right of sale for insertion in the formula; for the Condemnatio in the formula was by express contract, but subsequently the right to sell (jus distrahendi conditional; that is, if so and so is proved, then make such and such sive vendendi) was an essential part of the contract of pledge. Though a decree against the defendant; and if not proved, dismiss the de- the creditor was not the owner of the thing (dominus), still he could fendant.

transfer ownership to the purchaser, a doctrine that is only intelligible PLEDGE is a thing bailed (delivered for a temporary purpose on the supposition that he sold it as the attorney or agent of the (BAILMENT]) as a security to the bailee for the performance of some debtor. But the creditor could only sell the thing in respect of the engagement on the part of the bailor. When the pledge is for a debt, debt for which the thing was pledged, and not in respect of other more especially where it is given to secure a loan at interest, it is com: debts due to him from the debtor, though he might apparently retain monly called a pawn. (PAWNBROKER.) In bailments the degree of the surplus of the sale in his hands as a satisfaction for such other care required from the bailee varies according to circumstances. When debts. The power of sale was to be exercised pursuant to the terms the bailment is for the sole benefit of the bailee, he is bound to use of the contract; and when there was no agreement as to the form and the greatest care, and is excused by nothing but unavoidable accident manner of sale, the law prescribed the mode of proceeding, which the or irresistible force. When the bailment is for the mutual benefit of creditor was bound to observe strictly. was once usual to insert in bailor and bailee, the latter is bound to take the same care of the thing the contract of pledge a Lex Commissoria, that is, a condition by bailed as a prudent man usually does of his own. When the bailment | virtue of which the thing pledged became the absolute property of the is for the sole benefit of the bailor, it is sufficient if the bailee keep creditor, if the money was not paid at the time agreed on. But by a the goods bailed as carefully as he does his own, however negligent he constitution of Constantine (* Cod.', viii., tit. 35) it was forbidden to may he. Different writers on the law of bailments refer the contract insert such a clause the contract. If anything remained over after of pledge to each of these divisions.

satisfying the creditor, it belonged to the debtor. The pledgee is bound to return the pledge and its increments, if As the pledgor remained the owner of the thing pledged, he could of any, upon being requested so to do, after the performance of the course sell it, but the purchaser took it subject to the pledge. The engagement. This duty is extinguished if the pledge has ceased to creditor who was in possession of a pledge was answerable for any exist by some cause for which the pledgee is not answerable. But he damage that befel it owing to dolus or culpa, that is, fraud or neglect, is responsible for all losses and accidents which happen after he has but he was not answerable for unavoidable loss. done anything inconsistent with his duty as pledgee, or has refused to A pledge was determined in various ways; by the destruction of do his duty. When the full amount of the debt or duty therefore is the thing, by the creditor releasing the debtor, by the debtor paying tendered and refused, and the pledge is detained, the pledge is at the the debt, and in other ways. When the debtor offered the money to sole risk of the pledgee : so if the pledgee misuse the pledge. In every his creditor, he was entitled to have the pledge restored to him. This case where the pledge has sustained injury from the wrongful act or might be obtained by an actio pignoraticia, which was an actio in default of the pledgee, the owner may recover damages to the amount personam, and also lay for damages done to or sustained by the thing, of the injury, in an action on the case. By the act of pledging, the or for the surplus of the money if the pledge had been sold by the pledgor impliedly warrants that the property is his own, and such as creditor. The creditor had a contraria pignoraticia actio against the he can rightfully pledge.

debtor for expenses incurred as to the pledge, for any fraud in the The contract of pledge may be extinguished by the performance of matter of the pledge, as passing off base for better metal, and in some the engagement for which the pledge was given, or by satisfying the other cases. engagement in any other manner, either in fact or by operation of law, The Roman law of pledges has been treated by various writers at

671

PLEDGING, CUSTOM OF.

great length. A compendious view of it is contained in Brinkmann's knowledge of anatomy, or which rest only upon some fanciful theo• Institutiones Juris Romani, Slesvici, 1822; in Marezoll. ‘Lehrbuch retical speculation, and adding whatever may be necessary to bring der Instit. des Röm. Rechtes,' Leipzig, 1839; and in Ayliffe's 'Law of the article as far as possible up to the level of the present state oi Pledges or Pawns, London, 1732.

medical science. PLEDGING, CUSTOM OF, derived from the French pleige, a Pleurisy, properly so called,” says Paulus Ægineta (loco cit., in Y.r. surety or gage. The expression “I'll pledge you,” in drinking, is Adams's translation, 8vo, London, 1834), “is an inflammation of the deduced by some of our writers on popular antiquities from the times membrane which lines the ribs, and is attended with difficulty of when the Danes were in possession of England. It is said to have breathing, cough, continual fever, and pain shooting to the clavicle been the custom of that people to seize the moment when a native of and hypochondrium,” which definition agrees with that given by Galen the island was in the act of drinking, to stab him with a knife or (De Loc. Affec.,' lib. v., cap. 3, p. 326, ed. Kühn; 'Ad. Glauc. de Mech. dagger; whence people could not drink in company unless some one Meth.,' lib. ii., cap. 1, p. 77; ‘Introd.,' cap. 13, p. 734; ‘Definit. Med, present would be their pledge or surety that they should receive no $ 264), Aretæus, Aëtius, and Alexander Trailianus (locis cit.). The harm. (Brompton; Sir Richard Baker's Chron.;' Henry, “Hist. disease has been variously divided by different writers; Dr. Good Great Brit. : see also Eric Pontoppidan’s ‘Gesta et Vestigia Danorum (“Study of Med.') mentions the three following varieties :-1, Pleuritis extra Daniam,' vol. ii.)

vera, True Pleurisy. Fever, a cauma; pain felt chiefly on one side, Others state the custom to have taken rise from the death of the inflammation commencing in that part of the pleura which linca King Edward the Martyr, son to Edgar, who, by the contrivance of his the ribs. 2, Pleuritis mediastina, Pleurisy of the Mediastinum. step-mother Elfrida, was stabbed in the back as he was drinking. Heavy pain in the middle of the sternum, descending towards its

Brand thought the expression meant no more than that if you took ensiform cartilage; with great anxiety; the inflammation, from its your cup or glass, I pledge myself to you that I would follow your symptoms, being obviously seated in the mediastinum. 3, Pleuritis example, (Brand's ' Popular Antiquities,' edited by Sir H. Ellis.) diaphragmatica, Pleurisy of the Diaphragm. Painful constriction PLEIADES. [Taurus.)

around the præcordia ; small, quick, laborious breathing; manifesting PLENARTY. "(QUARE IMPEDIT.]

that the inflammation is seated chiefly in the diaphragm. He adds, PLENIPOTENTIARY. [AMBASSADOR.]

however, that the subdivisions lead to nothing of practical importance, PLETHORA (a Greek word, almoápn, plethore, fulness, in which as the causes are nearly alike, and the same mode of treatment is sense it is used by the Greek medical writers) signifies a redundancy of applicable to the whole. A more essential distinction is that adopted blood. By the older writers the term was used to express an imagined by Dr. Law (Cyclop. of Pract. Med.'), namely, acute and chronic, and superabundance of any of the fluids of the body; and the terms, this will be followed here, because it seems almost impossible to treat bilious, lymphatic, and milky plethora, &c., implied the existence of an either of the nature or the treatment of these two forms of pleurisy excess of one or other of those fluids in the blood. Distinctions were under one and the same head. also made, and by a few are still retained between plethora from excess of In acute pleurisy, says Aretæus (loco cit., in Dr. Reynolds's translablood, from insufficient capacity of the vessels, from deficient strength, tion, 8vo, London, 1837), "we have acute pain in the clavicular region, and so on. By the majority of the physicians of the present day how- together with a sharp burning heat; the recumbent posture is easy on ever, the term plethora is used only to express that condition in which the intiamed side, because there the membrane remains in its place, the quantity of blood and its nutritive qualities exceed that standard but to lie on the opposite one is exceedingly painful, and from the which is compatible with present or the prospect of continued health. weight, inflammation, and dragging, the pain extends through the

Plethoric persons are marked by a florid ruddy complexion, a full whole continuity of membrane to the shoulders and clavicles, in some hard pulse, a tendency to hemorrhage from the nose or other parts, a

even to the back and shoulder-blades. To this succeed dysporca, frequent sensation of fatigue and weight in the limbs, a disposition to watchfulness, loathing of food, bright redness of the cheeks, a dry sleepiness, and by being in what is commonly termed good condition. cough, difficult expectoration. To this description it may be added, In this degree plethora cannot be regarded as more than giving a from Paulus Ægineta, that "the pulse is hard and serrated;” and it tendency to disease whenever any slight occasional cause is applied. should be noticed that the decubitus, or position of the patient, In a greater degree however, it produces effects which are in them- mentioned by Aretæus and repeated by numerous modern writers, is selves important: the complexion is yet fuller and more florid, the not constant, and therefore cannot be exclusively relied upon as a face seems swollen, and the eyes blood-shot, there is pain in the head, diagnostic sign, for it is sometimes observed that the aggravation of with giddiness, ringing in the ears, dulness, heavy sleep, and a sensa- the acute lancinating pain caused by the pressure when lying upon this tion as of flashes before the eyes, inability of exertion, constant feeling side, makes the patient seek a more easy position either upon the of fatigue, and frequent palpitation of the heart.

opposite one or upon the back. | Such a condition, to which some persons seem from birth peculiarly With respect to the diagnosis of pleurisy, it may be distinguished predisposed, may be produced in nearly all by the constant use of very from hepatitis, says Paulus Ægineta, by the pain in pleurisy being punnutritious food, by gluttony or excess in beer, by indolence, or by the gent, and the cough being sometimes without expectoration and someinsufficiency or suppression of some habitual discharge. Its principal times with it, and by the pulse being hard and serrated; while in evil is that it renders the person who is affected by it peculiarly liable inflammation of the liver the pain is not pungent, nor is the pulse so to acute inflammations and to hemorrhages in important organs, as hard, and the cough throughout is dry and without expectoration, and the brain, in which the latter produce apoplexy. To avoid such con- the face appears pale. (Compare Alex. Trall., loco cit.) It may be sequences, a less nutritious diet, abstinence from exciting drinks, and distinguished from inflammation of the external muscles, or pleurothe regular employment of active exercise are commonly sufficient; dynia (PLEURODYNIA), by the latter affection being (according to the but in more advanced and in extreme cases of plethora, blood must be same author) unaccompanied with cough and expectoration, nor is the drawn freely both from the arm and from the neighbourhood of any pulse hard. From pneumonia is hard to distinguish it without organ in which there seems a peculiar disposition to its accumulation, calling in the aid of auscultation and percussion ; and indeed Dr. or from which it was once habitually discharged; active aperients Culien, in his . Practice of Physic,' has treated of both these afections should also be administered, and the diet should be reduced to a much under one common definition. It may however be observed with lower scale than that which had the chief share in engendering the Dr. Good) that in pleurisy the face is comparatively but little flushed, disorder.

and far less tumid than in pneumonia ; that the pulse is harder, and PLEURISY (Pleuritis), a word derived immediately from the that the seat of the pain is fixed, while in pneumonia it shifts not only French Pleurisic, which comes from the Greek adevpitis, and this again to different parts of the same side, but oiten from the one side to the from T'Aevpdy, the side, which is defined by Rufus Ephesius ('De Corp. other. The characteristic cough of pleurisy (as distinguished from Hun. Part. Appell.,' pp. 30, 51, ed. Clinch) to mean tav od Únd on that which follows pneumonia) is a short cough, either dry from the uooxány,“ all that part which is under the arm-pit.”* As this is one beginning to the end, or accompanied with a thin mucous expectoof the diseases of which both the nature and the treatment were ration; should the sputa be inore abundant, or deviate from this understood by the ancients almost as perfectly as by ourselves (except character, we may suspect a complication either of pneumonia or of course that they had not the assistance of auscultation and per- bronchitis. The cough, however (auds Dr. Law), is often wanting cussion to help them in forming their diagnosis), it may be as well to altogether, or is so slight as to attract the attention of neither the give in their own words those passages which have been repeated with patient nor physician. For the characteristic signs of pneumonis more or less alteration by every succeeding writer on the subject, derived from auscultation and percussion, the reader must see the omitting those which are either erroneous from their less accurate article LUNGS, DISEASE OF THE, while only those relating to pleurisy

will be given here. Upon auscultation, the inspiration will appear * The word 2. cugênis is generally said to be derived from sdtvęce, the pleura, feeble, distant, or inaudible, but will be restored by change of posturc. but (as far as the writer is aware) the word z.suçà is never used by the ancient Ægophony will exist when the quantity of fluid effused is no more than medical writers in that scnse. That which is called the pleura by modern forms a thin layer between the lungs and parietes of the chest. The anatomists is called izazozas uuriv

, or simply isitouws by Aretæus (* De Caus. et bruit de frottement, or sound of friction, will be heard when there is Sign. Vorb. Acut.,' lib. i., cap. 10, p. 20, ed Kühn), Aëtius (lib. viii., cap. 76, partial albuminous exudation, with little or no eflusion of serum. p. 175, B., ed Ald.); Alexander Trailianus (lib. vi., cap. 1, p. 85, ed. Steph.), Upon percussion, there will be more or less of sound, with modera.c and Paulus Ægineta (lib iii., cap. 33, p. 41, B., ed Ald.). Galon uses the same word in more than one place, and with regard to its meaning says ('De Anatom.

resistance, decreasing from below upwards; and this dulness will be Administr.,' lib. 7, cap. 2, p. 591, ed. Kühn), “ As the other membrane is called

diminished or removed by change of position. It was in cases of the peritonæum (Figsovesov), because it is extended around (erò rü Tigitirá obce) pleuritic effuusion that Hippocrates proposed the succussion, or shaking thir alimentary vessels, so this (that is, the pleura) is called ise[wws, because of the chest, as a means of assisting the diagnosis (“De Morb.,' lib. i., it fastens together internally (irwtev ýsičuxe) the whole of the ribs.”

p. 173, ed. Kühn; ibid., lib. ii., pp. 256, 258; 'Coac. Prænot.,' p. 306,