IMPARLANCE (from Fr. parler, to speak). Time given by the court to either party to answer the pleading of his opponent : as, ei ther to plead, reply, rejoin, etc.
It is said to be nothing else but the con tinuance of the cause till a further day ; Bacon, Abr. Pleas (C). In this sense im parlances are no longer allowed in English practice; Andr. Steph. Pl. 162.
Time to plead. This is the common signifi cation of the word ; 2 Wms. Saund. 1, n. 2; 2 Show. 310; Barnes 346. In this sense im parlances are not recognized in American law, the common practice being for the de fendant to enter an appearance, when the cause stands continued, until a fixed time has elapsed within which he may file his plea. In the act of congress of May 19, 1828, § 2, the word imparlance was originally used for "stay of execution," but the latter phrase has been substituted for it; Rev. Stat. § 988.
See CONTINUANCE.
A general imparlance is the entry of a gen eral 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.
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 that he is not ready, and so falsifies his plea ; Tidd, Pr. 418.
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, PL 420; 1 Sell. Pr. 265; Bacon, Abr. Pleas (C).