McLarren

delivered the opinion of the Court; Chief Justice Murray concurring therewith.

This is an action for rent due on lease.

The answer of the defendant is, that “he denies that he is indebted to said plaintiff in manner and form as said plaintiff has above thereof complained against him, &c.”

This is substantially the plea of nil debet at common law, and under it the defendant proved an eviction. The question is here made as to its sufficiency under our Practice Act, to admit the defence relied on. As this is the first case which has properly come before us, requiring a construction of that act, it is essential that it should be well considered.

Our rules of decision as to remedies as well as rights, is the common law of England, if unaltered by statute. In a considerable measure this has been done, but while our code of practice has aimed at great amelioration in reference to forms, it has varied but little, if any, the substance of the pre-existing remedial law.

The 46th section of the act referred to enacts, “ The answer of the defendant shall contain, 1st, in respect to each allegation of the complaint controverted by the defendant, a general or specific denial thereof, &c.;…