Defence

defense, I. fr. In old English refusal; a state of severalty, or of a state of enclosui-e. v. Defensum;

Defense. L. Fr. In old statutes. Prohibition; denial or refusal. Bnconter U defence et le commandement le roy; against the prohibition and commandment of the king. Stat. Westm. 1, c. 1. See Fence month, Defensum. A state of severalty, or of several or exclusive occupancy; a state of enclosure, [L. Lat. defensum.'] See Defensum, In defenso.

pleading, practice, is defined to be the denial of the truth or validity of the complaint, and does not signify a justification. It is a general assertion that the plaintiff has no ground of action, which assertion is afterwards extended and maintained in the plea. 3 BI. Com. 296; Co. Litt. 127; it is similar to the: contestatio litis of the civilians. Defence is of two descriptions, first, half defence, which is as follows, “ ventt et defendit vim et injuriam, et dicit,” &c. or secondly, full defence, “ venit et defendtt vim et tnjuriam, quando,” &c. iit shall behove him,) ‘‘ e¢ damna et quicquid quod ipse defendere debet et dicit,” &c. Co. Litt. 127, b; Bac. Abr. Pleas, D; Willis, 41. In strictness the words quando, &c. ought not to be added when only half defence is to be made, and after the words “‘ventt et defendst vim et injuriam,” the subject-matter of the plea should immediately be stated. Gilb. C. P. 188; 8 T. R. 632; 3 B. & P. 9,n.a. Ithas, however, now become the practice in all cases, whether half or full defence be intended, to state it as follows: ‘“* And the said C D, by M N his attorney, comes and defends the wrong, (or in trespass, force) and injury, when &c. and says,” which will be considered only as half defence in cases where such defence should be made, and as full. defence where the latter is necessary. 8 T. R. 633; Willis, 41; & 3B. P.9; 2 Saund. 209, c. If full defence were made expressly by the words “ when and where it shall behove him,” and “ the damaes and whatever else he ought to defend,” the defendant would be precluded from pleading to the jurisdiction or in abatement, for by defending when and where it shall behove him, the defendant acknowledges the jurisdiction of the court, and by defending the damages he waives all exception to the person of the plaintiff. 2 Saund. 209, c.; 3 Bl. Com. 297; Co. Litt. 127, b.; Bac. Abr. Pleas, D. Want of defence being only matter of form the omission is aided by general demurrer. 3 Salk. 271.. See further 7 Vin. Abr. 497; 1 Chit. Pl. 410; Com. Dig. Abatement, [ 16; Gould on Pl. c. 2, 6. 6-15; Steph. Pl. 430.