Imparcatus

Imprisoned. Spell. Gloss. IMPARLANCE (from Fr. parler, to speak). Time given by the court to either party to answer the pleading of his opponent: as, either to plead, reply, rejoin, etc. It is said to be nothing else but the continuance of the cause till a further day; Bacon, Abr. Pleas (C). In this sense imparlances are no longer allowed in English practice; Andr. Steph. PI. 162. Time to plead. This is the common signification of the word; 2 Wm.s. Saund. 1, n. 2; 2 Show. 310; Barnes 346. In this sense imparlances are not recognized in American law, the common practice being for the defendant to enter an appearance, when the cautee stends continued, until a fixed time has elapsed within which he may file his plea. In the act of congress of May 19, 1828, S 2, the word Imparlance was originally used for “stay of execution,” but the latter phi-ase has been substituted for it; Rev. Stat. § 988. See Continuance. A general imparlance is the entry of a general prayer and allowance of time to plead till the next term, without reserving to the defendant the benefit of any exception; so that after such an imparlance the defendant cannot object to the jurisdiction 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 all 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 is not ready, and so falsifies his plea; Tidd, Pr. 418. A special imparlance reserves to the defendant all exception to the writ, bill, or count; and therefore after it the defendant may plead in abatement, though not to the jurisdiction of the court See Comyns, Dig. Abatement (I) 19, 20, 21, Pleader (D); 1 Chitty, PI. 420; 1 Sell. Pr. 265; Bacon, Abr. Pleas (O).