Bar

Barr. [Fr. harre; L. Lat. harra, exceptio peremptoria.'] In pleading. A special plea, constituting a sufficient answer to an action at law; and so called because it barred, i. e. prevented the plaintiff from further prosecuting it with effect, and, if established by proof, defeated and destroyed the action altogether. Now called a special plea in bar. See Plea in bar. The use of the term bar is common in the old books.

Plowd. 26, 28. Co. Litt. 303 b, 372 a.

Pleas are divided into dilatories and bars.

ITob. 245.

Bars again are divided into various kinds. Plowd. ub. sup.

Cowell. Bootees Suit at Law, 108, note.

A plea of this kind was still more anciently termed by Bracton, after the civilians, ea^cg^^peremptona, a peremptory exception. Bract, fol.

399 b.

Fleta, lib.

6, c. 37.

See Exceptio. The terms barrer, and barre were in common use in the law language of France in the year 1270, which is about the same period when they first made their appearance in English pleading. Ducanpe, voc. Barra. Steph, PI.

Appendix, Note (25).