case brown against johnson if in account a plaintiff declare that the  defendant from thefirst of march to thefirst of maly be his receiver a plea  that he be not receiver from the first of march to the first of may be bad for  he may have say that he be not receiver modus et Jormd and the time be  immaterial ought not to have be make parcel of the issue account the plaintiff  declare against the defendant for that upon the first of march in the  twentysecond year of Charles the second et from that source to the first of  may in the twentyseventh year of Charles the second he be his bailiff and  receiver of eighty big of lead the defendant plead that from the say first day  of march in the twentysecond year of Charles the second to the first day of  may in the twentyseventh year of Charles the second he be not the plaintiff  bailiff or receiver of the say eighty big of lead et hoc paralus be verify the  plaintiff demurrer and assign special for cause that the time from the first  of march to the first of may be make parcel of the issue which ought not to be  because the plaintiff in his declaration must allege a time for form sake but  the defendant ought not to tie he up to such time allege for he may have say  that he be not bailiff for modus aet form and for this the case of lane v  Alexander a yely cro James Brownl a be cite where the defendant by ejectment  make a title by copy of court roll grant to he the fortyfourth year of  Elizabeth and the plaintiff reply his title by the like grant on the first day  of June in the fortythird year of Elizabeth the defendant maintain his bar and  traverse that the queen on the first day of June in the fortythird year of her  reign grant the say land by copy and upon demurrer it be adjudge that the  traverse of the day be matter of substance which be make part of the issue be  nought but on the other side it be object that the time be material and that  in action of account it be proper to make it parcel of the issue for a man may  be bailiff for two but not for three year and a release may be plead from such  a time to such a time Fitzherbert account raze Ent f pl f pl f pl the court  hold that the time ought not to be make parcel of the issue modern er p modern  then exception be take to the plea first for that the plaintiff have charge  the defendant as receiver of eighty big of lead the defendant plead and that  he be not receiver thereof but do not say of any part thereof  For which  reason the court hold the plea ill because he may retain seventynine and yet  not eighty big but to plead general ne unques receptor be well enough though  it be urge that if it have be find against he upon such a issue that he have  receive any parcel of the lead he shall have account Henry pl roll Henry pl  Fitzherbert account cro Elizabeth Fitzherbert account raze entry second the  defendant conclude et hoc paralus be verify whereas it shall be et de hoc to  put down see super native land but the court doubt of this because it be not  special assign three the plaintiff charge the defendant as his bailiff upon  the first of march and the defendant plead that he be not his bailifffrom the  first of march so he exclude that day and this the court hold to be incurable  and so judgement be give quod computer