anonymous hill Ann B R assault lie to be do on such a day c the day be not  material Str fortesc salk in trespass assault and battery it be rule by holt  Ch just that where the plaintiff lie the assault to be do on such a day and  the defendant in plead some special matter justify on another day so that now  by this plead the day be make Salkeld er p material yet the plaintiff in his  replication may allege the assault to be do on another day and that this be no  departure it be true it have be hold otherwise but the late opinion be that  the day be not material and that the plaintiff may maintain his declaration in  replevin the defendant plead book property and damagefeasant there the  plaintiff in his replication confess that the defendant be seize in fee but  make a lease date may to W r habendum from the date for thirty year the  defendant rejoin that the say W r regrant to he the say term for thirty year  habendum from the that day of may inthe same month adjudge this be a departure  for the day be to be exclude and then there be a reversion for one day leave  in W r the first lessee so that the defendant be tenant for year reversion for  one day to W r remainder to the defendant in fee now when the defendant plead  a freehold it must be intend a freehold in possession which he shall have  maintain in his rejoinder a departure in Latin departure be a go off to new  matter of justification as for instance where the defendant plead no award  make and then rejoin it be not tender so where he plead non injure and then  rejoin de son tort demesne but where in covenant the defendant plead  performance the plaintiff reply he will not attempt the defendant rejoin he be  rob this be hold no departure that which be plead at commonlaw can be maintain  by custom as where the plaintiff bring a action of covenant Salkeld the  defendant plead infancy and the plaintiff reply the custom of London to charge  infant but if the defendant plead a statute and the plaintiff reply it be  repeal or expire the defendant may rejoin that it be revive or continue as the  case be and this be no departure deputy see office