IMPARLANCE '(from Fr. parler, to speak).
In Pleading and Practice. 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 conti nuance of the cause till a further day. Bacon, Ahr. Pleas (C). In this sense imparlances are no longer allowed in English practice. 3 Chitty, Gen. Pract. 700.
Time to plead. This is the common sig nification of the word. 2 Wm& Saund. 1, n. 2 ; 2 Show. 310 ; Barnes, 346 ; Lawes, Civ. Pl. 93. In thia sense imparlances are not recognized in American law, the common practice being for the defendant to enter an appearance, when the cause stands continued, until a fixed time has elapsed within which he may file his plea. See CONTINUANCE.
A general imparlance is the entry of a gene ral prayer and allowance of time to plead till the next term, without reserving to the de fendant the benefit of any exception: so that after such an imparlance the defendant can not 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 ten der, and that he was always ready to pay, because by craving time he admits that he is not ready, and so falsifies his plea. Tidd, Pract. 418, 419.
A special imparlance reserves to the de fendant 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, Plead. 420 ; 1 Sellon, Praet. 265 ; Bacon, Ahr. Pleas. (C).