Imparlance

In early practice, imparties to an action to answer the pleading of the other. It thus amounted to a continnance of the action to a further day. Literally the term signified leave given to the parties to talk together; i. e., witha view to settling their differences amicably, But in modern practice it denotes atime given to the defendant to plead. A general imparianee is the entry of a general prayer and allowaxce of tims to plead till the next term, without reserving to the defendant tha benefit of any exception; so that after such an impar lance the defendant cannot object to the jurisdic tion of the court, or plead any matter in abatement. This kind of imparlance is always from one term to another. A general special imparlance contains a saving of ai] exceptions whatsoever, so that the defendant after this may plead not only in abatement, but he may also plead a plea which affects the jurisdiction of the court, as privilege. He cannot, however, plead a tender, and that he was always ready to pay, because by craving time he admits that he is not ready, and so falsifies his plea. A special tmparlance reserves to the defendant all exceptions to the writ, bill, or count; and therefore afterit the defendant may plead in abatement, though not to the jurisdiction of thecourt.

1Tidd, Pr. 462, 408.