Imparlance
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IMPARLANCE, pleading and practice. Imparlance, from the French, parler, to
speak, or licentia loquendi, in its most general signification, means time
given by the court to either party to answer the pleading of his opponent,
as either, to plead, reply, rejoin, &c., and is said to be nothing else but
the continuance of the cause till a further day. Bac. Abr. Pleas, C. But the
more common signification of the term is time to plead. 2 Saund. 1, n. 2; 2
Show. 3 10; Barnes, 346; Lawes, Civ. Pl. 93, 94.
2. Imparlances are of three descriptions: First. A common or general
imparlance. Secondly. A special imparlance. Thirdly. A general special
imparlance.
3.-1. 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.
4.-2. 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.
5.-3. 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 tender,
and that he was always ready to pay, because, by craving time, he admits he
is not ready, and so falsifies his plea. Tidd's Pr. 418, 419. The last two
kinds of imparlances are, it seems, sometimes from one day to another in the
same term. See, in general, Com. Dig Abatement, I 19, 20, 21; 1 Chit. Pl.
420; Bac. Abr. Pleas, C; 14 Vin. Abr. 335; Com. Dig. Pleader, D; 1 Sell. Pr.
265; Doct. Pl. 291; Encycl. de M. D'Alembert, art. Delai (Jurisp.)