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A eOMPLfeTE
SYSTEM OF PLEADING:
COMPREHENDING THE MOST
APPROVED PRECEDENTS and FORMS of PRACTICE j
o
I
CaiEFLT CONItSTINO OF
SUCH AS HAVE NEVER BEFORE BEEN PRINTED :
WITH AN
INDEX to the PRINCIPAL WORK,
IMCO&PORATING AND MAKING IT A CONTINUATION OF
TOWNSHEND's and CORNWALL'S TABLES,
TO THE PRESENT TIME;
AS WILL AS AN
INDEX of REFERENCE to all the ANCIENT and
MODERN ENTRIES extant. •
ij JOHN W E N T W O R T H, Efq.
OF THE INNER. TEMPLE^ BARRISTER AT LAW.
>Nt qua StuJit difpifta fiddi
IntelleSta pritifquttmjint ctnttmpta rtlinquat, LuCRET.
VOL. L
.C0HT41MIHO
ABATEMENT.— ACCOUNT.— ASSUMPSIT*
LONDON:
FtiMTto ros G. G. and J. ROBINSQN, P^TERtiosTBR-R»«r«
1797.
I
r
TO THE
PROFESS I O N.
A
.F T E R^ fucceffive interruptions and difappoint-
ments for eighteen months, fincc this work was firft an-
nounced, I am now able to prefent to the Profeffion
the Firft Volume of my System op Pleading in
Odavo, which, purfuing my favourite plan, contains
Abatement^ Account, and part of Assumpsit ; to-
gether with the particular Analysis of the Pleas in
Jhatement and of the Adlion oi Account y as I intend at the
end of every complete Head or Heads, when completed
in each fucceeding volume. Thcfe I name the Heads,
or Leading Titles ; for the Heads of Proceedings by
andagainft Attomies^ &c. zxc Jubdivifions arifing out of
the General Heads.
The next Head in the plan, namely. Annuity, may
feem to be an exception ; but this Head, by reference to
the Index, will be obferved to be poftponed to the Plead-
ings under the Head ff^rif of Annuity — Proceedings in^ in
order to connedl the old Proceedings, fuch as Writ of
Amtuity^ Writ of Right, &c. : Yet Annuity will prc-
fervc its former place if it follows Perfonal and Mixed
Adlions, and immediately precede Writs of Right, ^c.
which are RealKSAons, without injury to the Analysis*
In the Pleas of Abatement, confidering it a
very important Plea, I have thought proper to give
the utmoft variety, notwithftanding I know there are
A % many -
iv^ TO THE PROFESSION.
many in the Books ; I mean the Ancisnt Entries chiefly }
for I have not found fo many in Books of Precedents of
later date. And if the finifhed Pleader and experienced
'Profellbr (hould think the Forms too fimilar or multi*
farious, ftill, by narrowly infpeding them, differences
will be difcovered in each both nfeful and inftru6live
to the unexperienced Pradlitioner. Keeping in view
the practical ufc of my Work, I have promifed and do
mean to give the greatefi: poffiblc \'aricty of Precedents
and Forms in Pleadings.
In Account I have given few Forms of Pleadings,
ncceflarily from the difufe of this (though a moft bene-
ficial) A6lion : there are, however, more in the prefent
volume than in any other Book extant, wilh tompletc
references to all the Modern and Ancient Entries.
But on the more important Action of Assumpsit, in
every day's conftant ufe, I have beftowed more pains at
lead than any other Gentleman in pradlice in the Pro-
feflion has leifurc to do. And I wifh it to be confider-
ed, that without attending to the diftindions between
^Jfumpfit General SLtid Sfecial, I have adopted a mode
which I think the moft u/eful ; that is, throughout this
A<Stion I have claffed filch as I think bear a relation to
each other : for inftance, in the Second Volume, in yfAm
fumffit — S fecial Contrail Sy refpedling r^tf/ property, hy and
againft Landlord and Tenant y I have taken care to give the
Preceden ts immediately afterwards on Contrails relating to
Perjonal property, pamely, the Sale, AJftgnmenty Bemifey
iffc. of Lands, Houfes, C^c. bccaufe they have relation to
each other ; and fo in like manner on Contrails relating
to SaUi tfr. Carriage and Conveyance of Goods ^ C^c. I have
given thofe againjl Carriers ly Land and Water ^ (^c.
&c. as they rcfpeft the dodrine of Bailments^ &c. ; an
wrangc-
TO THE PROFESSION.
arrangement which I have ftudioufly adopted, that the
Student and Pleader may with his eye immediately catch
thtfubjeS and/or»i together. In the alphabetical manner
in which the majority of Pleaders arrange their Pleadings,
I have ieid(xn feen this analytical order relating to the
This order, however, may not feem to be obfcrved in
the Divifion preceding, viz. Affumffit General: but I
have adopted what I cannot help thinking a more truly
ufeful mode there* For inftance, in Aciions by and
^gainft particular Perfons^ the moft general lubdivifiort
efthat DIVISION on the right page of the iheet, I have
conftantly led the eye at the top to the fubjedVmatter or
titk (if I may call it fo) of the frbcbdent.
The reafon why I ^^ave not critically diftinguifhed
the Precedents in Indebitatus AJfunvpfit from yijfumpfit
Special, is, becaufe I do not think it fo well defined or
determined in the Books ; but chiefly, becaufe I think
my method^the moft natural and eafy for the ProfeflS)r
and the Student. I will give one inftance : In my
Work, under this Head, it is folcmnly determined that
Assumpsit will not lie for ^ legacy, which if it did, would
be Indebitatus AJfumpJit j but AJfumfJit Special will lie on
the promife by the Executor ; and yet the Precedents are
in the fame form. I have given two Forms with the lead-
ing Cafes, and referred to the very able Arguments of
Jtfr. Jufticc BuLLER and my Lord Kenyon. The Pro-
fcfiion win bcft judge of the ufefulnefs of them.
I HAVE, however, violated the method in one inftance,
namely. Policies of AJfurance, which are Contrasts of In^
demnity, and would more naturally fall under ih^Xfub^
divijoni but, never departing from real utility for a faftidi-
A 3 ous
^» TO THE PROFESSION.
ous adherence to ftridlnefs of method, I have purpofely
clafled Bills of Exchange, Promijfory Nofes, and Policies of
JJfurance, relating to Trade, together under Jffumpfit Gene^
ral ; and in one inftance, for this reafon only, have
given one Precedent of a Policy of Jffurame againfi
Fire, though it is in Covenant , and ought to come under
that Head ; yet in the Index the fame Precedent is to
be found under its proper Head Covenant — on Policies of
JJfurance.
•
There arc fome Precedents that are not ftridlly redu-
cible to any of thofe Heads which I have confidered
moft ufeful as Juhiiviftons, and where I have not been
able to clafs the conftderations of the Contrast, from their
anomalous and fpecial nature. Thefe I have thrown
together under that fort of Head with the title at the top
of the page as in AJfumpftt General: Ex. gr. on Charter
Parties of Jffreightment^ &c. whereas Covenant or Debt is
the ordinary A6lion. Thefe and other inftances will
prefent themfclves to the Pleader readily.
Next follow the Pleas, Replications, &c. in Assump-
sit. The fubdivijions arifing out of this Head, namely.
Proceedings by and againji Particular PerJons'\ — Attornies,
by and againji , in every fpecies of A6lion ; — Baron and
Feme, — Executors and Adminijiratcrs^ &c, &c. ; — Forms
of beginning and ending every Declaration or Plea ; — the
Judgment m Abatement, — Account, — AJfumpftt, and in every
pther A<ftion ; all follow in their proper place and natu-
ralorder, either in the body of the Work, if they form
0 diftincl Precedent, however minute, or in the Index,
For example, for the beginning and ending of a Plea
in Abatement, (which indeed form the Plea itfelf), fee
Forms. In like manner, for beginnings and endings Of
Declarations in Assumpsit in every poffible way, fee
Beginnings and Endings of Declarations under that Head.
Thefb
TO THE PROFESSION. vU
Thcfe and other prai9:ical diredlions I may occafionally
give, are to be obferved throughout the Work.
The common Declarations in Indebitatus JJfumpftt^
and the common Counts, are fo familiar to every Attor-
ney's Clerk, and fo cafy to be found in every book of
practice, that I had contented myfclf with referring to
them in the Index, as they are to be found difpcrfcdly
thrgughout Assumpsit : however, after having put my
Work to the prefs, at the inftance of many of my younger
friends in the Profeffion, I have given at the end of
Assumpsit one complete Form of every common Decla^
ration on all the common Counts, And therefore here
I cannot too frequently and too earncftly rcqueft the
Student's attention to the Inj^ex. Here the difficulty
which has been and will be previoully regarded as to the
facility of turning to Precedents and Forms in the body
of the Work, vanifhes. Here every Precedent and every
Form is fo diftributed, firft by the Analysis, and then
by the references following each feparate Head, as
to leave it impoffible for a perfon of the plained intel-
ledl not to find what he wants : All fall into their
firidUy natural place, and make this hitherto difficult
dodtrine of Pleading capable of an eafy comprehenfion,
as well as prepare the pupil to read his Law Books,
efjpecially in this branch of that fcience— -to digeft his
reading, and improve his faculties.
I HAVE taken all the Books of Pradlice of Modern
Times, with the Reporters, and have chronologically
Indexed all the Forms and Precedents whenever they
have occurred in them: Thefc, with my own work,
form the Modern Part of my Index. I have next taken
^^Modern Entries, with Cornwall and Townshend's
Taiksj and thrown the antique mafs into my own
diftribution : This forms the Index to the Ancient
Entries.
With
viii TO THE PROFESSION.
With what fidelity and care I have cxe<^uted thi^
work of labor, I am in the judgement of my fuperiora
in experience and learning. But when the vaft com-
pafs of the defign, the prodigious variety of matter
comprehended in it, and above a^i the difficulty of ilIu-»
minating fuch a fyftem by a ftridlly methodical arrange*
ment purely analytical — when all thcfe things are con-
templated, and they mull be fb to form an adequate
opinion, I entertain a hope leaning to confidence, that
the liberality of the Profcffion will find more reafon to
be pleafed that fo much has been done, than difap-i
pointed that the Work has not attained abfolute perfec-r
tion. Not to have funk under fo arduous an undertak-
ing IS, perhaps, no ordinary merit. I know likewife that
it is the fate of Induftry not to be too highly appreciated
by Genius, which, while it (bars above, " like the poet's
♦^ dirc6ling angel in the ftorm of battle, vindicates to it-»
<* felf the glory of fuccefs, regardlefs of the more hum*
" ble but ufeful machinery by which, in part, its triumphs
*' have been efFedled.** To lament that this fpecies of
ingratitude is common to all ages, and therefore feem-
ingly making part of our nature, is to difcovcr more
paliion than philofophy : Yet for my felf I will add, (after
appealing to, as well as hopingfor, the approbation of th6
Profession) that the fenfe of my having been unccafing
in my endeavours, as it is the heft title to the approbation
of the Public, fo it adminifters to me that folid gratifi-*
cation which alone is in ample reward for my profef-^
lional affiduity.
J. WENTWOJLTH,
iNNfiRTEMPtF, 5'^ Jan, 1797,
CONTENTS.
frage
ABATEMENT, i
ACCOUNT, 8i
ASSUMPSIT GENERAL, -.-.--- po
ON BILLS OF EXCHANGE, 122
ON PROMISSORY NOTES, 340
ON POLICIES OF ASSURANCE, - - - 389
With INDEX complete to the Heads of Abate-
ment and Account.
The INDEX to Assumpsit will follow that Head
when completed.
{u.i^^:.^'/^^-^*^^<^^^ y •/ / ^ ,,.
\/^/, /=<■*•
( ^^^^!0 — ~— " —
^<^ ^•^Xi^^
ANALYSIS GENERAL,
CIVIL DIVISION.
PLEADINGS IN ACTIONS PERSONAL.
ACCOUNT
ANNUITY
ASSUMPSIT
COVENANT
DEBT
DETINUE
SCIREFACIAS
CASE TROVER
REPLEVIN
TRESPASS.
IN ACTIONS MIXED.
EJECTMENT
QUARE IMPEDIT.
IN ACTIONS REAL.
DOWER PARTITION FORMEDON.
PRACTICAL FORMS.
NOTICES OF ACTION
AFFIDAVITS
RULES, &C.
WRITS ORIGINAL
— — JUDICIAL
ENTRIES OF WRITS, &C.
FORMS OF COURTS, &C.
ISSUES
CONTINUANCE S
SUGGESTIONS
INTERROGATORIES
POSTEAS
SPECIAL VERDICTS
JUDGMENTS.
PROCEEDINGS IN ERROR.
CRIMINAL
xu ANALYSIS GENERAL.
CniMINAL, DIVISION,
APPEAL ORt»ERS OF JUSTICES
CERTIORARI INDICTMENTS
CONVICTIONS INFORMATIONS
PARTLY PARTAKING OF A CIVIL AND
PARTLY OF A CRIMINAIf NA^^URE.
MANDAMUS QUO WARRANTO
PROHIBITION.
AfiATEMENT.
'N
A ND the raid defendant comes ind (a) defends the wroilg aiid piem of frhi*
^^ iiyury, &c and (ays, that he the f<iid defendant is, and at the itgeofdcftndust
tinrtc of exhiMting the faid bill of the (aid plaintifF, and long before, udtrkrfthttr^
was one ofthe officers ofhismajefty's court of the Bench at Weft- ^i^^^*f
minf^^r, id the county of Mtddlefex, that is to fay, eiirkrftbt ^^^ J[t.iL
err§fS to Sir Jdhn Willes knight \ and during all that time was, pleaded lo as
and is duly ami perfonally attending the bufioefs of the faid office aaraiii&j. R«
in the fame court of the B^nch ) and that by the ufagc and cuf^
tottk of that court of the Bench from time whereof the mcimpry of
jxuin if* not to the contrary, ufed and approved of in the fame
coun, no officer of that court, whilfl he attends his bufinefs in
the fame court, hath been drawn into plea and compelled againft
his will, nor at any time pait hatii been ufed or accuftomed, oor
tmght to be drawn into plea oi compelled agaiilft his ^ili, to tQ^
knowledge any juftices or miniftefs of the faid lord the kine, or
any other feCular judges whatfoeVer, but only before the ju^icea
of the lord the king ofthe Bench aforefaid, upon any pleas, plaints^
or demand!, which do not touch the perfon of our lord the kirig
(ptcStoS of freeholds, felonies, and appeals only excepted j ; and he
the laid defendant further faith, that he is drawn into plea in thifi
court here, bv the exhibiting the faid bill againft him as aforelaid,
againft fill^will, and againit the cuitom aforefaid ; and this, &c.
tad he brings into court here his writ of our faid lord the king,
iflibing out of the faid court ofthe Bench, and direded to the (heriff
of Middlefex, the tenor of ^hich faid writ follows in thefe words,
to wit, George the Second, &c« [go through the writ,] indorfed
J. Wiiles ) wherefore the (aid defendant doth not conceive that
the laid coun of our faid lord the king here, will or ought to have
cognizance of the faid plea againft bimj &c. R. DraF£r.
(«) Q«. iriHlfdeMRiho«Ma«t benwdcjD (bchpln. Gflb. C P. 287. Co.Litt la?.
AND {4) Charles Lewis MoreiTault,. againft whom the faid Plea of mff.
fiiwuShJYa%h\\\ exhibited complains by the name of JLewis ^^^^ ^^^^^^^^
oflalt l^)i by B. H. bis attornryj anUs and difends tht wrcng *"^^ chriAiia
0Hd iigury^ tic. and pra}S judgment o/lthe bii) aturefaid, becaufe ^ ^'i**'^^
(«) 5. T. R. 487. defence. Vide Bl. Cdoi. 290. \ butvldt
(#) A|ikactfaBfiiwmr,tnii(l>»witbaBt> coosn Coin, D^jp. tit. A^temuit, I. 26.
Mql.L '5 he '
ft ABATEMENT.
«
he hys that (a) he was baptized by the name of Charles LewU,
to wit. at, &c. and that he is 'named and called by the name of
C* L. Moreilault, and by the faid name from the time of his bap^
tifm hitherto hath beeit called and known ; without this, rhat be
the (aid Charles Lewis Morefl'ault now is or ever was called ot
known by the name of Lewis MofTalr, as by the faid bill is above
fuppofed ; and this, &ۥ (b) wheret9re he prays judgment of the
£iid biU, and that the fame may be quaflicd, &c.
Elliot Bishop.
(tf) Thit averment feemt proper, (6) j. T. R. J^- ^« >^S« Hixon tf,
tliough the pica- would have.'bcen good BJnna^
without it. /
Replication of And thereupon the faid plaintiff (who impleaded tlie aBove*
fniu i^rt^jfqui to named C L. M. by the naoie of L. M.) fays, that he cannot deny
the above plea. ^ exception aforefaid, made by the faid C. L. M. to' the faid billi
but confefTes the fame to be true, and prays leave to exhibit a better
bill againft him, and.it is granted to him, &c. Therefore iti$
confidered that the faid plaintiff (bould take nothing by his faid bill
fo exhibited as aforefaidy but that the faid bill maiy be qua{hed»
fuid the (aid plaintifF (ball be in mercy for his falfe claim thereof,
and the iaid defendant fhall go thereof without day, &c.
(^)Plea»mifiio. In the County Court 1 AND thereupon William Frohoclr,
"S^^it^^" ^/'^' . {againft whom the faid William Kid-
tht'counS*"* County of Cambridge. 3 man hath levied his plaint bv the name
Court. of WiHiam Frog, comes in his proper perfon and defends the
wrong and injury, &c. and (a) prays judgment of the faid plauit^
hecaufc he fays, that he is named and railed by the name of Wil-
liam Frohock, and by the name of William Frohock hath always
hitherto been called and known; without this, that he now is, or
at the time of levying of the aforeii.id plaint of the faid plnintifF
was, or ever before had been called or known by the name of
William Frog, as in and by the faitl pliuiu is above fuppofed j and
this he the faid William Frohock is nady to verify; wherefore he
prays judgment of the plaint a/ordiiid, and that the fame may be
qua(hed, «c.
(4) Qtt. if this (houUI nctheon-.ltced'j cntitL the difeodart to ^1, as none <)f .
as there is no ohjc^ion to the- plaint the iraiutes giving cods extend to this
ilfelf, but the matter difdofcd in thr plea ea& -. but the follow mg ajid^va ii Dt*
is entirely extrinfiw. Ciil-ry to be annexed.
The above plea will .wfwer thfC pjr- (*) a. %u. 12 iS.
pofe of abating the tuit, but will not V. Lawii.
In the County Court f William Kidman, Plaii^tiSV
of the C ctwcen s and
County y Cambri<)gc i William Feoo, Defendant.
William Frohock, of, &c. impleaded in this fuit by the nmm
of William Frog, maketb oath and faith, that the plea hereto an-
nexed is true in fubftance tnd matter of fad (a).
(Sworn, &c.) WM. FROHOCK.
<«)Anaffi<bTk<tfthetn)tha<'tlKpkaiinft^<ra]rsbcaBnettd. 4.lk$.AiitLe.rt.f t.
ANQ
ABATEMENT. S
AND W. H. of London, merchant, againft \vhorh the faid "«» that dc-
plaintiflF hath obtained his original writ in this caufe by the name -^^^^'^ilT
of W. H. late of London, broker, in his own perfon comes and (a) t^„ tt^^t by
drfiiiJs the wr$ng and injury^ Vc. and prays judgment of the afore*- whichht U fued,
£ud writ of the ,faid plaintiff, becaufe he faith that the faid W. H* namely, ««--
on die day <^ obtaining the aforcfaid original writ and long before f^ '"^'^ ^^
was, and from thence hitherto hash been, and ftill is, a merchant \
and that he the (aid defendant, on the faid day of obtaining the
bii original writ, was not, or at any time either before or after-
wards hitherto has been, a broker.^ as by the faid writes above fup-
pofed ; and this, &c. wherefore, inafmuch as the (aid W. H. is not
darned of the Very myftery of which he really is, according to the
form of the {b) (latute of additions offurnames and names, m writs
ID which procefs of outlawry lies (r ), lately made and provrdedi
thefiud defendant prays judgment^ and that, ice, S. Urlik*
(tf) As to the nccffTi^y cf thij half
Mncf, fee Com. Dig tiL Abatement,
I. tl. Ca. Lie 127. b.
(B) I. H. 5.'C. 5.
(c) H'lxon t/. Binoi, 3. Tenn Rep.
185. ante*
And the faid plaintiff laith, that for the occafion before al- Replication to
iedg^, the faid original writ of theikid plaintiff ought not to be the above plea,
quaibed, becaufe he faith that the faid defendant^ on the day of Jj^ ^^^^^
obtaining the fiud original writ, was, and before then had been a f^^g^Q^
brikety as by the (aid wnt is above fuppofed, to wit, at, &c. afore-
fiid ^ and this he prays may be inquired of by the country, &c«
AND the faid defendant, by A. B. his attorney^ comes and de- Plea that de.
fends the wrong and injury, when, &c. and prays judgment of the fen^iant is in
(aid bin, becaufe he faith that he the (aid defendant, before and at ^^^y of the
the time of exhibiting of the bill of the faid plaintiff againft him J^^ ^^
the (aid defendant, was, and from thence hitherto hath been and
flill if, in the cuftody of the (heriff of the county of M. ; without
this, that he the faid defendant at the time of exhibiting the (aid
lill was, or at any time fince hath been, in the cuftody of the
marlbal of the Mar(halfea of our faid lord the now king, before
the king him(e]f j as in and by the faid bill is above fuppofed j and
this he is ready to verify ; wherefore he prays judgment of the faid
bill, and that the faid bill may be quaibed, ^c,
AND the faid plaintiff fays, that he the faid defendant, not* Repficatioo (to
witbftanding any thing by the faid defendant in his faid plea al- J P*" ^ f^^'"
ledged, ought to anfwer to the faid bill of the faid plaintiff in the "^'^^^^
€<Mrt here, becau(e he faith that he the faid plaintiff, long before, ^ g^ ^^lo,!
and at the time of fuing out the writ of attachment of privilege broughtinB.R.)
hereinafter mentioned, was, and continually fince hach been, and that plaintiff is
vet is, one of the attornies of the court of our lord the king, ^ -J^*^^ ^
before the king himfelf here, to wit, at Weftminfter aforefaid ; ^J^jj '. j^^*[
and being fo an attorney as aforefaid, he the faid plaintiff, before defendant in K.
the day of exhibiting his (aid bill againft the (aid defendant, to B. by auach-
B ^ ^ir ment of priVi^
lege.
L._
ABATEAfENT.
wit, on the '28th day of November, in the 20th year of the rergrt
of parfoveretgn lord thefiovr king, according to the liberties and
privileges for fuch attomies of the fame court from time imme-
morial ufed and approved in the fame court, fued and profecuted
out of the court of our (aid lord the king, before the king himfelf
here, to wit, at Weftminfter, a certain writ of our (aid lord the
king of attachment of privilege again(l the faid defendant, dtreded
to the then (hefiflF of MiddleKx, by which faid writ the faid lord
ehe king commanded the then (berifF of Middlefex aforefaid, that
he (hould attach the faid defendant and John Doe, if they might
be found in his baiKwick, and fafely keep them, fo that he might
bave their bodies before our faid lord the king here, to wit, on,&e.
next affer, &c. then next following, to anfwer to the faid plaintiflFi
one of the attornies of the court of the (aid lord the king, before
the kine himfelf here, to wit, at Weftminfter afordaid, accord-
ing to the liberties am) privileges of the (ame court for fuch attor«
nieSy time out of mind ufed and approved of in the tsune court, in
a plea of trefpafs, and alio to a bill of the faid plaintiff againft the
faid defendant for 40I. upon promifes, according to the cuftom of
the faid court of the £ud lord the king, before the king himfelf to
be exhibited, and that he ihould have there then 'that writ : at
tvhich day, before our lord the king at Weftminfter, came the (aid
plaintiff in his proper peribn, and the (aid defendant in his proper
perfon aifo appeared in the fame court here, to anfwer to the (aid
plaintiff according to the exigency of the faid writ, and the then
iheriff, to wit, J. W. efquire, and R. A. efquire, returned to the
£ud court oPour faid lord the king, before the king himfelf here,
to wit, at Weftminfter aforefaid, diat by virtue of the faid writhe
bad taken the body of the faid defendant, and had his body ready
before the faid lord the king 9t Weftminfter at that day, as by the
faid writ the faid (heriff was required, as by the record thereof,
remaining in the faid court of our faid lord the king, before the
king himfelf here, to wit, at Weftminftet aforefard, manifeftty ap-
pears : arid the- faid plaintiff further (aith, that the faid writ of
attachment of privilege, profecuted as aforeiaid by the (aid plain*
tiff, was profecuted by him the faid plaintiff, as to the faid de-
fendant, with intent to implead the faid defendant for the caufes^
aftion in the faid declaration above fpecified, and to caufe him to
appear in the faid court here, and upon his faid appearance to declare
againft him for the feveral caufes of a£lion above mentioned, ac-
cording to the courfe and cuftom of the £iid court ; and the faid
plaintiff, according to fuch bis intention, afterwards, to wit, in,
Hilary Term, in the 20th year aforefaid, declared by bill figainft
the faid defendant in manner and form aforefaid ; and this, &c. |
(a) wherefore, &c. and that the faid defendant may anfwer to the
(aid bill of the (aid plaintiff, &c.
(«) A replicacioii to foch a plea fiiould be entered on record, and the court wUI
conclude to the rccvd and not to the not fuffcr a jury to inquire into their own
country, for no cne can be an attorney adl. i, Stra. 76, W. Davt.
but by the aft of the court, whickmuft , .
AND
ABATEMENT.
AND the CM defendant in his own peifon comes and defends the
vrong4ind injury (a) {b) and fays, that this court here ought not
to take, nor wiU take, cognizance of the plea aforefaid, becaufe he
&ith, that as well from royal dignity as from ancient cuflom in
confequcnce thereof, from time immemorial ufed and approved of
within this kingdom, ^< the Barorts of the Exchequer, the clerk
^ rcfiding there, and all others, officers and minifters officiating
** there, whether of the clergy or others, belonging to the king^(
^ court, who (hould affift there by command," (r) ought not to be
impleaded eUewhere than in the Exchequer ^ ( J) fo long as the
" Exchequer (hould be open :" ^nd the faid defendant further
faith, that he the faid defendant long before, and at the time of
fuing forth the original writ of the fiiid plaindfF againft the faid
defendant, was, and from thence hitherto hath been,, and ilill i^,
one of the officers and minifters reAding and officiating in the faid
<:ourt of Exchequer, to wit, one of the /worn cUrks tn the hrd
treafurn^s riTTumbrancer* s office there, and as fuch entitled to the
privilege aforefaid, to wit, at Weftminfter aforefaid } and this he
is ready to verify, ^^ and he brings here into court the writ of our
^ lord the now king," [e) iiluing out of the covrt of Exchequer
aforefaid, clofed in thefe words, to wit, George the Third [here
fet out the whole of the writ of privilege verbatim] ; which faid
writ being read and heard, the faid defendant faith, that the faid
court here ought not to take; nor will take, cognizance of the
^ plea againft him in this court here, &c. (f). J. Mingav.
Pka to thitjimf->
itiffwn of the
court of C. B. of
priVUege by a
ftvrn clerk in si^
Urdtrutfur€r*s rtm
membratKor's pf^
fct tn the Enchf
fuir filed here*
(a) Vide 6L Com, 3. vol z^%. Co.
Lit. 127. Salk. 217. lid. Raym. 28x«
with ftfped to matdog full defence in
file picas to the joriiHidion of the court.
(h) For the mode of imparling when
the defendant means to plead his privi.
kge, fee Hard.- 365. pi. a. i. Latw. 43.
Morg. V. M. 130. and'9. £. 4, 53. pi,
li. Bm. Priv. 25.
[t) YideBarnngtottU^c, H-ird. 164.
and note (4. .
(i) Should It not appear that the
dchc^oer was open at the time when
riM fkg was pleaded ?
{{) For the reafoo, vide 6. Mod. 305,
Morg, V. M. 24.
{/) The privilege may be allowed on
projocipg the Ubcr Rubncus of the
Ixcbrqtter, 10. Jones, 2SS. or by fa-
perfaleii, Salk. 546^ For Che legal pHr
lilrge of the £xcheqiKr» vide Hard. 3^5,
). Lotw. 46. 6. Mod. 305. Salk. 511.
150. 31. H. 6. 19. ^2. H. 6. 19. 6 Vin.
4br. jTth vgL 515. Morg. V. M. 24.
Jdr. BvLLXt*s 0/ifr«v on this plea, tf
Ihe fids ftaud in the plea are true, I
think the pka is good in form and fub.
Ibacc, md the plaiotiff cannot pr9Qeed
B
further In this a61on ; therefore he IhooM
enter judgment by jnajfetur kiiUif which
be may do without coltt.
Mr, D A V 1 N r o a T *« Oflukn, I obftryo
that the plea is of the f«mc Term with
the declaration, fo that there has been no
imparlance either general or fpecial, and
in fuch Cftfe f apprehend that thh plea in
abatement, with a frtfcrt of the writ of
privilege, is ^ good plea to abate the
fuit, and that no replcation or demurref
will prevail againk it if the £»as be
tnie.
ilfr.RvNNiNCTON's Qflmm. Thoagh
] am fai lifted io my own mind, that the
privilege which defendant has pleaded
ought not to be allowed, and perhaps on
ferious argument wQuId not be admitted a
yet V think it will be moft prudent in the
i>laintilf to admit this plea, and enter up
the judgment by quajftuar. There are
two cafes, one in the lime of £li2. Say.
%Q. the other in the time of Jamei^
Hob. 177. which feem ftrongly to fop^
port the privilege contended for, thougl^
there are other cafes which feem ftroQgly
to deny it on fimilar pointi.
On thefe Opinions judgment for the dt«
fondant waa entered as £9Uo¥r> aiUrwaidi.
3 AND
(^ ABATEMENT.
Jadgment for And hereupon the fatd pi ainttiF faith, that he cannot deny but
w"AS]r\o'Thc **^ ^^^ P'*^* ^^ *^^ faia defendant, in manner and form aforcfaid
Jaft piea/^ Le ^^^^e pleaded, and the matters therein contained, are true, where*
Judgments in ^ore he will, not farther profecute his faid fuit there againft the £ud
Abatement) tit. defendant. Therefore it is confidcrred that the faid . plaintiiF tak«
Judgments. nothing by his faid writ, and that the faid writ, for the caufc
aforefaid) be quafhed, and he!d for nought; and that the faid
plaintiff* be in mercy for his falle claim, and that the faid defeiKi*
ant go ther^f without day, &c.
Plea in abate- AND one William Lee, gentleman, againft whom the (aid
mcot, that de- plaintiff hath exhibited his bill as one of the attornies of this court
tendaot is not f • i.* i j r j u j •
an attorney as "^^^j ^^ ^^ proper perlon comes and defends the wrong and in-
aiiedged in 'the jury, when, ccc. and prays judgn.ent of the faid bill, becaufe he
bill. fays that the faid defendant is not, nor ever was, one of the attor-
nies of the court of our lord the king, before theVmghlmfelf, at
Wedminfter aforefaid,as he the faid plaintiff hath above fuppofedi
and this he the faid defendant is ready to verify \ wherefore he
prays judgment of the faid bill, and that the fame may be quaihedi
&c. W. Whitaicer.
Replication (a) AND the faid plaintiflFas to the faid plea of the faid Mary, by
inajpimffi to a h^^ above pleaded, fays that the faid original writ of him the faid
^^\L.lt!'!l!r'^' plaintiff in this aftion ought not to be quaflied, becaufe he fays
in abaieiTient, ■ * r • \ ^m ** • ri/--iiir» ■'
v«B. that de- ^"^^ ^"C faid Mary was not, nor is, covert of the faid John Potter,
fendant is not in the faid plea of the faid Mary mentioned, in manner and form
covert, and iifuc as the faid Mary hath above in that plea alledged, and this he th<
thereon. ^j^jj plaintiff prays may be inquired of by the country ; and the
Award of in- faid Mary doth the like, &c. Therefore, as well to try the faid
quiry condi- iffuc above joined between the parties, as to inquire of and ztkb
tionaJ. ^g damages of the faid plaintiff by rcafon of the non -performance
of the laid feyeral promifis and undertakings in the faid declaration
mentioned, in cafe the faid iffuc Oiall be r^und for the faid plain-
y^irt, t'ff> the (heriff is commanded that he caufe to come here in nfteen
days from ti)e day of Saint Martin, twelve, &c. by whom, &c.
and who neither, &c. to recognize, &c. as well, &c» V. Law&s.
{a) See Pkas of Coverture, po(t
Plea that dc- Gr AV and NpRTON, -j AND the laid John Gray aqd Ann
fendantsTued as fued py the natms of /Norton, againft whom the iaid plaiatifF
T'L *« 7^' ^^^^ *"^ ^'^iVEj Vhath brought his original writ bv the name
''pliTri^^Z'. ^^f"'^ "f l^f J^*^" ^^y and Ann hfs wif'e, by their
trimomi. Kether. Jattorney, come and defend the wrong and
injury, &c. and pray judgment of the original writ of the faid
plaintiff, becaufe they fay that the faid J. G. and A. N, v^en ngyer
joined together in lawful matrimony^ in manner and form as the
iaid plaintiff h^th above in and by his £iid wirit fuppofed, and
this they are ready to verify ; wherefore they pray judgment of
ABATEMENT. j
the iaid writ fi> proTecuted againfi them by the name 6f J* G« and
A* his wife, and thdX the ^d writ may \k qualhed, &c.
And the (aid J. Kethcr fays, that the faid original writ of him ^«P^Ac>tioi,
the faid plaintiff, for the reafons above alledged, ought not to be Jr^^^^
quafiied, becaufe he (ays that the faid A. N. is, and at the time of
his bringing his original writ aforefaid was the wife of the faid
J. G« as by the faid writ is above fuppofcd i and this be pray^
laay be inquired of by the country, &c.
AND the feid defendant, by A. B. his attorney, comes and de- Ptet/ofBr/rr/>,
fends the wrong a^ndgnjury, &c. and faith that the faid plaintiffis ^*X« oiwji
an alien born, ,to wit, at C, under the ligeance of the French h^^ " *
king, an adverfary of our lord the now king, and of father and
mother adhering to his £iid adverfary ; and the piatntiffentered into
this kingdom of Great Britain,- without the fafe-condufl of the
faid lord the now king ; and this he the, faid defendant is ready to
verify, where, when, and as the court (hall award ; wherefore he
prays judi^niene if the faid plaintiff ought |o be anfwered to his
tad bill, Ice. R. Drapbi^«
Vide Mc^. V. M. jS. t. Stn* tiflF was bom, and that he was not n^* '
loSa. Co. Ut Tig. - Saik. 46. turai.scd» to defendant's knowledge.
Amcx affidavit oC pUce where pj^a*
And the (aid plaintiff, notwith (landing anything above plead- l^cpKwtioii t*
cd by the faid defeudant, fays, that he the faid plaintiff ought to be J^ !S!?^!i£^"*
an(wered 10 his faid bill, becaufc be faith that long before a war ^^j^ jJJ* ^efc
was proclaimed between the faid FFench king and our (aid lord jqngdoms in
the now king, and in time of peace between the faid kings, to time of pcac^,
wit, on the iff July 1727^ the bid plaintiff was. and rcfided in ««<* ^*U refide*
this kingdonii of Great Britain, to wit, at Weftminftcr aforcikid, "ettfii^lL^'ur
and continually ever fuice, and at the time of the making of the cenceof ourlov^
&id promiffory note, and the fiid (everal promifes in his faid de- the kln$.
claration mentioned, and at the time of exhibiting his. faid bill,
remained and refided, and now doth reniaia aod refide, in this
kingdom of Great Britain, by the licence and under the protec-
tion of our bid lord the now king of Great Britain, to wit, at
Weflminfter aforefaid ; and this, &c. ; wherefore, &c« and that
;be laid defendant may anfwer his bill ajad declaration, &c,
S-S.SmYTH3E*
I
Vide Bae. Abr. 84. Morg. Dig. j8. ^ Ifi^ ^Kjh^ %H* ^'53* 2' Stca. i^^a^k
r *
AND the £ud defSendsMit, in his^ own pr6pei; perfcn, comes j^ ^ Omn^
and prays oyer of the original writ of the iaid plaii^tiff, and it is menttftbevnu
;ead to him in thefe words, that is to fay, George the Third, &c* **"* ^*>«^ » ^
(fif^ovt tjte writj i«bici\ bcinff read and Ixea^d,, he the faid de^ i^^o'Si
•f abatement;
fsndant ptzj% judgment of that writ, becaufe he faith that the <al<l
writ hath no return thereupon, and that it dcermt apptarihat ib§
{^iaintiff hath found any pledges to profecute his faid writ^ as hy
^ aw^he o9ght to have done ) and this he is ready to verify ; where-
fore he prays judgment of the faid virrit, and tl^t the fame may
oe ({u^Qiedi i&c.
Ple^ in ibate- AND the faid defendant, in his own proper pertbn, comes ani
mcnt of an ac- defe»ids the wrontr and injury, ^c. and fays that he ought not to
SSdbthfBR ^^ compdiedto anfwer to the laid bill, becaufc he iays that before
tlutt a {a) pri^^^^ exhibiting of the bill in this prefent a^ion, to wk, in Michaelip
itaionis Jffcrj'rng m^s Term, in the 25tb year of the reign of our lord the now
for tbc fame king, in th/t cpurt of our faid lord the now kfng, h^fore the king
c4ufein3.iR. himfelf (the faid court then and. ft ill being held at Weftminftcr,
in the fbid county of Middlefex), the faid plaintiff impleaded the
faid defendant, and exhibited his certain bill againft him in a plea '
of debt on deniand, of and upon the fame identipgl writing obli*
gatory, in the faid declaration in this prefent fuit mentioned^&s by
the record 2ind proceedings thereof remaining in the faid court of
our fajd lord the Icing, before the king hinifclf, to wit, at Weft*
minder aforefaid, more fully appears : and the (aid defendant fur-
tbu* (ait^, that the parties in this and the faid former fuit are the
iame 1 homas Martin, plaintiflF, and the faid John Bingley, dp*
fendant, and not other or different perfons ; and that the fard for-
iner fuit fo brought and pi-ofecuted againft him the faid defendant,
^y the (aid plaintiff as aforefaid^ is {lUl depending in the (aid court
of^ur (aid lord the king, bef<>re the king himfelf, and not di(con^
tinued, tried, or determined; and this the faid defendant is ready
to verify; wherefore he prays judgment, if Ife ought to be com*
gelled to an(wer to the faid bill, fic. T. DAV^NfORT.
,4 Affidavit of truth) JfcC annexed See << dircpntinuanccyandthatatany time.*'
PitiSk^l Ftrmt, A« defendant here pnly wants time, I
1 be defendant is certainly competent am not aware of any plea fo likely to ob»
ViVda tbe affuai ^batmist pr .difcontinu- tain it, as a plea upon the fad of the fbr«
\ aAeeofthc former fuit^ to plead the pen- mcr fuit depending. Sei vide i. lA^
^ d!ency of it, tri abatement of this ; « but Kaym. 27^ z, Ld. Raym. 1014. Salk,
. ^* the tftfCt of fucb pica may be pre- 3x3.
^ iper.tcd bj the carrying in of the roUof y, LAWBt,
*« fbe indgmept of fiidi abatemept pi («} Sa^rHRe|>. a{6.
flfa at vmkme AND the faid defendant, in his own proper perfon, cntnesand
tjetweenoriRinai defends thc Wrong and inj«ry, Izc, and craves oyer of the original
writ and dcda. writ aforeiaid, and it is read to him in thefe words, tp wit: George
^•W ' the Third, Uc. [fct out the writ vertatim] which being read and
heardf the faid defendant prays judgment of the (aid writ^ ;in4
pleads that there is a variance between the faid writ an4 declaration
thereupon, in this particular, that i$ to fay, for that in and by the
fai4 writ it is faid. Whereas the faid Thonias, on the \Jl day ^
Offoter^ A p. I77i> at, &c, was indebted 19 the tsiii plaintiFixf
A B A T E M E NT. 9
the fum of 46l« of lawful) && for divers tvorks and labours oftbo
lav) jdaindffaod hisfervantSf by bim tbe faid plaintiff and his
fenraots, with borfes, waggons, carts, and other carriages of the
(aid plaintiff, for the fitid defendant,* at the fpecial inftaoce, &c.
of tbe faid ddiendant, before that time done and performed ; and
ia the faid declaratioa afbrc&id, founded upon the faid writ, it is
con- plained, That whereas die (aid defendant, oh the \ft day of
Novmhir^ on, &c« was indebted, &c. Therefore in that there is
imnifeft variance, in this, to wit, that tbe writ aforefaid fets
ferth as foHows, that is to by, &c« fg/c. and. in the declaration
aibreiaid, fbunded on the iaid writ, it is complained and alledged
aifiollows, to wit, &c. kc* in that there is a manifeft variance.
Therefore^ becaufe there is a manifeft variance between the ori-
ginal writ aforeiaid and the faid declaration, in the particulars '
aforefiud, he the fiiid defendant prays judgment of the writ afore-
HA^ and that tbe fame may be quaihed, Hc^ J. Morgan.
AND the laid defendant, in his own proper perfon, comes Anotli«r,or««»
and defends die wrong and injury, &;c. and prays oyer of the '^'^ bciwwii
original writ of the faid plaintiff, and itis read to him in thefe wprds, ^ T^. *5*
10 wit, GeoTM die Third, &c. [fctout the writ virbatim] which S^sS^ti
heiiig read and heard, tlie fiiid defendant prays judgment of the writ Doiei infr«.
aformid, ^ aod alio of the declaration of the faid plaintiff^' againft
the (aid defendant, thereon founded, becaufe he favs that there Is
a variance between the writ ^forefaid and the declaration of the
&id pbindff againft the (aid defendant, founded on the writ afbre-
laid, in this, to wit, that in and by the faid writ the faid defend*
^t is called hf the name and addition of J. S- late of London,
nerchan$9^iMi in the declaration aforefaid, founded on the faid writ,
by the name and addition of J. S. late of London, mercer ;
wherefore, inafmuch as there is fuch variance between the writ
ajSoreiaid, and the declaration of the faid plaintiff thereon founded
againft the (aid defendant, in the addition of the faid defendant^
he the l^id defendant prays judgment^^of tbe writ and declaration
f< afore£idd $" (a) and that the (ame'may be qua(bed, &c*
(1) % Mod. tatrai. prays judgment of the writ and the cwnt, the writ may be
tkuif^iion, tlwQSh at tiio besinoing it abared. So Finch 364. 77. tit. Vanancc,
Ipi^ jvdiaacat ol the ^niCy % Inlir. Cl. both Hull abatet hie quotes fertral c^fes.
4^ H^rL t 9* c. 5. p. 151. b of va- Plaintiff cannot demur, becaufe he would
R»ce between clie writ and count, quotes not (hea maintain his writ, Gilb. 250.
Iradoo, which vide in his cap. &c. cxe- Salk. 2it. and Gilb. 51, && As to
^ CM. fOB. Bio. p. 41s* It«n cadit brwe time of pleading pleas d vadance in
■I a qois per aamfioMm in jndicio abatement, this plea may be pleaded aC«
fffivB reosflcrit de hcevi foo, kc. Per ^r (he e](piratioii pf four days,
ISOb. Ccm. n, ^ ^ varifQCc bctweeii
Batibt & UxoE) ^ AND the faid Thomas^ and (he who PIm of miraof*
aifiUff iin this dechration is named Hannah, ""**»^^«Wf.
VlncEiiT. 3otherwi(c Johannah, in dieir own proper ^*]?'T^
f^nibn come and piMl that (he vnfi ba|»ti^ by thei^n^ of Ann ^aaCagain^
and hufb^d and
wife, • i
fi ■
» ABATEMENT.
aiHl not H^iumIv* otfaerwrTe Jcdiafidabt and by th» jtMse of Ami
hath always been called and known, and not by th# name of Han<«
noh, x^therwife Johannah* as by the bid declaration is above fup-
pofed \ and this tfaey are ready to verify ; wherefore they pray
judgment^ and that the faid bill m9f be quaflied^ |icc.
The aboTf pka was held good, vide £. f |. c, 5. f. 17. hut iti^«d4ed» « The haU
haa4 m^ kkcwifc anfvcr for him^lf."
^biteniMtto AND the aforefhid tenant faith, that the fiid J. T. the lato 1
thevvrifindow- hufband, &c. long before he clofed his laft day was made a '
tr^tiiatdeceafrd j^j^ight, and this, &c. whercfore he prays judgment of the writ
inHit** ^^ ' aforefeid, and the demaiuJant doth not deny this ; wherefoic let the
* writ be qualhed, &c,
Tht^fT^SRh* AND the faid William Whitrow, tn his own proper perfan»
of the teirionf oomes, ^nd having heard the faid tndidment read> &ys that the
iLl^^ ^T'^A ^^"^^ ^^ ^'^^ ^^^^ ^^^ '^'"S ^^^^ ouoht not to take cognizance of
iTafearwnwtrf *^ trefpafs s^nd affault in the faid indiftment above fpecified, be-
an indidlmem caufe, prntefting that he is not guilty of any tre(pa(s and ailauH
at the Midd.t* upon the faid Jacob Cottier, he faith that the faid treipafs and a£>
^x(c$\oi». fault above fuppofed againft him (if any fuch there were) wero
committed within the prccin(^s and liberties, of the Tower of
Loudon of our faid lord the king, that is to fay, at the precind of
the Old Artillery Ground, within the liberties boundaries, pri-«
vileges, jurifdiclions, and governments of the fortrefa and palaco
of the' Tower of London, and within the limits and boundaries
fet down, mentioned, and defcribcd in the (chedule annexed to the
hereinafter in part recited letters patent, and not elfewhere, out
of the faid mecincl and liberties of the ToAer aforefaid ; and that
James the t>econd, late king of England, by his letters patent un**
der the great fcal of England, bearing date at Welbntnfter, the
tenth day of June, in the third year of his reign, reciting (amongft
other things) that llveral differences had then lately arifen he--
tween the ofHccrs of his late majefiy of his fortrefs and palace of
his Tower of London, and the officers of his (aid late lBajeft)^'ft
city of London and county of Middlcfex9 touching the liberties
and jurirdi<S\ion<i of his (aid ma)efty*s faid Tower of London wbtci|
had occafioned the breach of the peace, and divers other incon^
veniepcies were likely to enfue thereupon in time to come, unlefii
the time (houU be prevented by his bid majefty's royal authority j|
and further reciting that by his &idmajefly*8 order iu council^ bj
him ifl'ued in that Mialf> bearing date the twelfth day of May thei|
laft paft, his faid majefty had direded an enquiry to be made into
the ancient boundaries, libtrties, and jurifdidions of hi$ fjud
Tower of London ; and that finding upon due examination ha4
thereof that tbe^ime had been fet out and afcertained by feveral
of the court lect of his laid majefty^s (aid Tower 0/ London and
ju];ifdidioi;i of his £iid. Tow^ atoreiud^bein^ ant^ent |^c,tfo<ifi^ wbc^
AB ATE MEN T;
It
Mibr a |rea€ number of ^art been inhabitants within the (aid
liberty^ ami other perfons of good judgment and credit authorised
and appointed by George lord Dartmouth^ mafler general of hia
tin m^efty's ordnance> and chief governor of bis faid*majeftyHi
iaid Tower of London, to view and take the adroeafurements^ and
truly fet out the abuttings and boundaries of the faid liberty, and
every place thereunto belonging ; and that being fiitisfied upon
the whole matter, that the boundaries and jurifdidions of the faid
liberty were in fuch manner as Is mentioned in the fchedule thereto
annexed, his (aid ma^cfty did, for the better afcertaining the true
boundaries, liberties, and jurifdifUons of bis £iid Tower, and for
preventing of all further differences between his bid officers of his
6id Tower of Ix>ndon, and the officers of his faid city of London
and county of Middiefex, concerning the premifes, and that juf«*
tice might for ever thereafter be duly adminiflered to his lovifig
fubjeds, as well within his faid liberty as within his faid city and
ooiuity afore£ikl refpedively, by the proper and refpe6Hve officers
to whom the execution thereof did of right appertain^ of his fpe*
dal grace and certain knowledge and mere motion, did, by the ftid
leners patent, forhimfel^ his heirs and fuccefibrs, will, grants
confinn, oonftitute, declare, and appoint (amongft other things
tbeiein nwndoiied), that all and every the place and places, limit Rating ictieia
and limits in the &id ichedule thereunto annexed particularly men- Patent, antf fim
tioped and defoibed, and every part and parcel of them and every S!*'***^^!^
of diem, fhould be for ever thereafter, called, reputed, and taken fo^^^!^^
to be, the liberties of (he Tower of London aforefaid, and that the ftc. ^^
fuat fliouU be for ever exempted and free from the government
and correAion pf the mayor, aldermen* and juftices of the peace,
coroners of or within the city of London, or the liberties thereof^
and of and bcm the government and correction of the juftices of
ibe peace and cbfoners of and within the county of Middiefex, and
£rom all power and authority, privilege and jurifdiAion of them or
eidier of them ; and that the laid feveral places and limiu in the
ichedule thereunto anne^d particularly mentioned, defcribed, and
fet dowp, and every part and parcel of them, and every of them,
by what name or names foever they or any oi them then were or
theptofore bad been called or known, flioiild be for ever thereafter
aaiiexed, uni ted« and confol idated into the (aid liberty of the Tower •
tt London aforelaid, $ind be called, reputed, deemed, taken, or
kaown to be parts, parcels, and members of and within the limitSj^
Voumbries> liberties, privileges, jiirifdidions, and governments
tl his fbrtrefs and palace of his iaid 1 ower of London, any law,
niftom, uiage^ prefcription, or other matter or thing whatfoever
to the contrary notwithftanding ; and bis faid late nujefty did
thereby for himfelf, his heirs and fucceflbrs^ grant, ordain, and '
fledare^ that the then chief governor of the Tower of London,
and every chief governor thereof for the tinse beings from time
10 tine, aod at 2l times for ever, by himfelf or his fufficient do^
piicy or deputies, fliould have the r^urn and ^ecution of all writs,
^09ciS| ^ccfptSf aii4 mand^kt^ 9f his iaid majefty^ his t^rt
1
T% ABATEMENT.
and fitce^rs, within the fatd limits, precinds, plice^ -tiMl fiber*
ties, and (hould have power to adiiitniftcr and give to fuch deputy
or deputies the ufual oath for the due execution of fuch office and
truft : and his late majefty's further will and pleaTure was, and he
did thereby further for himfelf, hts heirs and fucceflbrs, ordain,
conftitute, and declare, that from time to time, and at all times for
Scfflom of the ^^^^ thereafter, there (hould be a feffions of th^ peace holden
]>cace to be within the faid feveral placeF, limits, precinds, or liberty, by juf-
hoiden fovr tices of the peace to be from time to time affigned and appointed
tim»inthcycarj,y jjjg (g,j majefty, his heirs and fucceflbrs, which faid juftices of
l^M ^ZIT' *^ P^^^®' ^° ^ affigned as aforcfaid, (hould hold feffions of the
peace at the four ufual times in every year, by the ftatute in that
behalf limited and direded, in fuch convenient place within the
precinAs and librrty aforefaid, as the chief governor of the (aid
Tower of London, then and for the time being, (bould for that
purpofe aflign and appoint ; and (hould have full power and autho-
rity to do and execute all and every fuch matters and things which
to the ofHce of a ju(^ice of the peace did belong or appertain :
and his fauj late majefty did thereby for himfelf, his heirs and fuc-
cefibrs, Aridly enjoin and 6>rbid, as well the lberi(Fs and juftices
of the peace and coroiiers, as alfo all other the officers and minif*
ters of hi^i faid majefty, his heirs and fucceflbrs, within his (aid
city of London and county of Middlefex, or either of them, and
all other the baili(Fs, officers, and minifters of any of his courts
whatfoever^ that they or any of them (hould not intermit or inter-
meddle in the faid precinSs or liberties of his Tower of London,
or any of them : and his faid late majefty did by the (aid letters
patent, for himfelf, his heirs and fucceftfors, grant and declare that
tho(e his (aid letters patent, or the inrolment thereof, (hooldbeio
all things firm, valid, and efFeSual in the law, according to the
true intent and meaning thereof, notwithflanding the not talking
or finding any inquifittons of office or inquifition of office, touch-
ing or relating to the premifes or any part thereof, and not^ ith-
flanding the mif-reciting, or not truly and perfe^i^ recitii^ or
defcribing any of the ancient boundaries, liberties, limits, or ju-
rifdidions of his faid T ower of London, belonging or of right ap-
pertaining, or of any of the limits and places thereby made and
declared to be parcel of his faid liberty, or in the fchedule thereto
annexed mentioned, or any part of, or any other imperfeAion or
defe^l in the faid letters patent contained, or .any ftatute, ad,
ufage, prefcription, cuflom, provifion, or reftridion, or any other
matter, caufe, or thing whatfoever to the contrary thereof in any
wife notwithftandine : and the faid William Whitrow (ays, that
the fchedule to the uid letters patent annexed, as far as concerns
and relates to the abuttings and boundaries of the precind of the
Old Artillery Ground, within the liberty of the lower of London,
is in the words following, that is to fay, &c. [fet forth the fchedule}
as in and by the faid letters patent, and the (aid fchedule thereunto
annexed, doth more fully appear $ and this he the faid William
"Wltttrow i^ res^dy to verify ; wherefore be pray^judgm^t when.
thcr
ABATEMENT. ij
ther the court of our find lord the king here oustht 6r will further
proceed againft him, and that he may be difmiffcd, and not farther
aggrieved, &c. ; and the faid William Whitrow brings into court
here die letters patent aforcfaid, and the fchedule aforefaid, which
irfpeffivelj teftify the liberties, privileges, limits, and exemp-
dons refpeai Yoly aforefaid. [Sec Proceedinjgs before Jufticcfc ]
AND the fiiid* defendant, by A* B. his attorney, comet and de^ Pkt Hr Thm^
fiends the wrong and injury, when, &c. and prays judgment of the °^^^ '^ m ac
Ud writ, becaufe he fays that the faid G. C. (the teftator) in his IJJ",^^^!^;'^
life-time, conftituted him, the faid plaintiff, and one J. B. to be« teftator oonm.
executors of his-laft will and teftament, and afterwards died, and tuted pUintitf
after whofe death the faid J. B. as the executor of the laft will and »nd another ex-
teftament of the faid G. C. adminiftcred divers goods and chattels ««tors^* m
wUcb were of the faid G. C. it the time of his death, to wit, at '^ """^^ •
W^minfter aforeiaid, which/aid J. B. at the time of the fuing
out die original writ of the fiiid plaintiiF, was, and ftill is living,
to wit, at &c. aforefaid ; and this, &c. wherefore for that the (aid
J, B. is nor named in the writ aforeiaid, the laid defendant prayft
jui|ment» &c and that, &c.
Set Saecotofit fte» vide 5th Barr. Powen and Cocke, i. Ld. Raym. 6}.
lii}. Thic mauer mnft be pleaded in at to the oondoCon.
abatement, and cannot be given- in evi-
AND the fdd John Smallman, in his own perfon, com6s and W«« "" •'>^-
defcads the wrong and injury, &c. and prays judgment of the faid ^f^jf"^^
kill, becaofe he fays that the faid David (the teftator) in his life- ^^u>rTi\^t^l
time, to wit, on thefixth of February, A. D. 1745, at, &c. afore*- tator' appointed
bUj made his laft will and teftament, and thereby conftituted and defendant and
appointed the (aid defendant and William Jones executors thereof, ^no^^*" (who it
and ifterwards, to wit, on the fame, &c. at, &c. the faid defendant J^JJj^x^ex^cu^
and Wiliiam Jones duly proved the faid will, and took upon them- ton.
felves the burthen of the execution thereof; and the faid defend-
ant brings into court here the letters teftamentary of the faid
David, which fully prove that the faid defendant and William
Jones arc die executors of that will, [a) and have the adminiftra-
tion thereof^ &c. ; and the faid defendant further (ays, that the
Ud Wilibun Jones is flill living, to wit, at, &c. aforefaid ; and
thif^ &c. : wherefore, inafmuch as the faid William Jones is not
rained a defendant in the £iid bill, the faid defendant prays judg*
menc, &c. and that, &c.
B. Lucas.
UL^Mym. 63. (*) Muft aTer that the other adminlf.
a. Bac. Abr. 396. Codolplun, 134. tered, i. Lev. i6x.
Weatw. Off. of Execut^u, 95. i . Lev.
J^i. SkL »4A.
AND
14> ABATEMEWT.
«
^ plen in abate- AND the faid defendant, by A. B. ^bis attarneyi comes mt
iDci»»th«tplain.j^fj»QJg the Wrong and injury, &c. and enures oyer of the letters
fiflfii Mv not "f-tg{ia,nentary of the (aid Margaret here brought into court, ^ich
are read to him in thefe words, that is to fay« By the tenor, &c,
{granting adminiftratjon to Margaret R^^ynolds and Ann Edwardti
• lejtecutrixes); which beine read and heard, the (aid defendant prays
judgment of che faid bill, becaufe he faith that the faid Benjamin
Reynolds and Theophilus Edwards are not nor ever were executors,
nor is nor ever was either of them an executor of the la(l will and
teftament of the faid M. R. { and this,&c. : wherefore^ inafmucii
as the faid B. R^ and T. E* are above named and cdled execujtors
of the laft will and teftanient of the faid Margaret, the faid de«
t fendant prays judgment, &c. and that, &c. [i. Ld. Raym. 638.]
flea by defrnd- AND the (aid Charles Welfli, againft whom the (aid Joha Afh^
«m fued as ix^mott hath exhibited his biU by die name and defcripcion of Charles
^tny that thc^gjQj^ executor of the laft will and teftaroent of Antferfoa Afk*
Jd w Swi'torn^'^^ deceafed, by Jacob Anderfon hisattorney, comes and /ays, that
who renounced, the faid Aoderfouin his llfe-iiiaei to wit, on the 5th day of Decent-
and that admi-ber 1745, at Rofs aforefaid, duly made his laft iwill a^d teftamentib
luftration du-y^^ting^j^ndthereb 1 conftituted John Jones foleexecu tor thereof, ani
nw w hffant*'***'^^^^®' ^^ ^'^^' <vi the ift day of March, in the year aferefaid; at
was granted to Ro^ aforefaid, died vrithout revoking or altering his will, and after
4sfcPdant. his death, to wit, oa the 1 8th day of March 1 745, aforelaid, at, &c
aforefaid, the faid John Jones duly renounced the faid executor-
(hip ; and thereupon afterwards, and long before the exhibiting of
the faid bill of the £ud plaintiiF, to wit, on the (kme^t&c* lait afere-
faid, at, &c. afore(aid, adminiftration of all and (ingular the goods
and chattels, rights and credits which were of the faid Andeffco
at the time of his dtrath, with the will of the faid Andenfon an*
oexed, during the n>inority of Paul A(hnu>re, by Edward Wynne,
do(3or of laws, vicar-general and official principal of the right
reverend father in God, Henry, by divine permiilion lord Ufliop
of Hereford, lawfudly conftituted, to whom the coini»i(fion of the
adminiftratioii aforefaid did of rieht belong, was duly cooiinitted
to the faid defendaot, and the (aia defendant brings here into court
the letters of adminiftration of the afore(aid official, w^ichgtvt
/oil evidence hcret^f, and are dated the day and year laft ufonmi%
and the fame are ft ill in full forces and the (aid Paul Aflimoie
ftill continues in his minority, to wit» under the age of twenty-
^ one years, in which cafe the defendant ought to be (ued as admi*
/ . niilrator of the goods and chattels which were of the (aid Andefli|
Ion at the time of his death, with the will of the &td Andedoa
annexed, during the minority of the faid Paul AQimore, and not
as executor of the laft will and teftament of the faid Ander(bn;
and this, iic. wherefore be prays judgment, &c. and that tbs
feme,, &c«
AND
A B A T E M E 1^ T. rS
Bridges
atfuit of
AND the fcid Richtrd aod EHeabcth, by Richard IHntoti fticir ^^^ »»
fttMrnej, come and defend the wrong and injury* &c. and pray ^ J^ ^.^
Jadgment of the fatd bill, becaufe they fay that the faid John Stacy, jitnl at tjetMriM^
ontbeaothdayof Januiary*i754,at Weihninfterafordaidydiedintef- Uwt ^mmpm^
tate, after whofr death, to wit, on the 4th day of February 1754 *i«« was gr»tcd
afordiiid,at,&c.aforcfaid,adminiftfation of all and fingular the goods ^r^jjjjjj^*^
and chattels, rights and credits which were of the faid John Stacy
at the tioM of his death, by John Bettefworth, dodor cf laws, ia
and throughout die whole archdeaconry of London, official, law*
Aiily conftituted) was in due form of law committed to the laid
Elisabeth \ without this, that the faid Ltizabetb is or ever was Tnvfrfe^
executrix of the laid Jobn^ as is by the faid bilKabove fuppofed ;
and this, &c. wherefore, &c» and that the fame, &c» J. Y At£s*
•
In tbfCHifity Court. '\ AND the liud defendant now here pleads Bx^mummtim
and giveth the court here to underftand and ®L5^°||,^
be informed, that fince the laft continuance f/^/,^ cST*
of the Rfortfaid plea, to wit, fince the 2odi ofitw) in Hit'
day of Janufltfy now laft paft, till wliich day the faid plea was laft. coving coan»
continued, and before this day, to wit, on the 20th day of April,
Che iUd plaiattff was and nowis excommunicated, and he (hews
to die court here the letters patent of the right reverend father ia
God, liaac, by divine permi^on bifliop of Worcefter, which tef<^ '
tify die fiune in thefe words following, that is to fay, to all and
fii^ular^ &c« [fet out the letters of fignificavit to the end, ^erba^
Mm] I whereupon the faid defendant prays that the plaint afore<^
faid may be from henceforth ftmtd without day uncil^ s(nd fo forth \
with this, that the faid defendant will verify that the £iid phintiff
flMolioncd in the plaint afote&id, as plaintilt in the faid plaint, and
the £ud plaintiff mentioned in the faid letters patent ot the faid
bifl&op, are one and the f^mc perion, and not different perfons, &c.
£ ATON and Another ^ AND now at this day, that is to p^ to an mfir*
at tbefuit of > lay, on j^riday next after eight days mat'mi in the
The Attorney Geker ai. 3 of Saint Hilary, in this fame Term, Exchequer, that
until which day the pkaaforcfaid was laft continued, comes the faid ^^^j^^ u*dtld
John bv his attorney aforeiaid, and protefting that the plea already jj^^ ,^ UA m*
pleaded by him the faid John and the aforefoid Edward Nicholas, tmam*.
in manner and form aforefaid pleaded, and the inatters therein con-
tunedj are fufficient in law to bar the faid now attoVney general
from profecuting the faid information i for plea he the faid John iiiys,
dat the (aid Edward Nicholas, in the kiid information named, and
againft whom; together with the iaid John, information is laid as
alore£ud, after the laft continuance of the faid plea, that is to fay, on
the lodi day of January, A. D* 1784, at, &c. aforefaid^ died ; and
th!s he the faid John is ready to verify ; wheristore he prays judg-
ment, and that the faid information may be quaihed, &c. and he the
&id JohndifmiiTed the faid court here, entirely difcharged therefrom.
AND
t6
ABATEMENT*.
dirftleri.
Pies in ahM». AND tfie ftid WiHiam Hopkins, one of the clerks of ti^
STis llted *** ^^^ Vcntris, cfq. chief clerk, of oyr (bverden lord the king^
niaft defendbrnt ^^^^ ^^ i^>"S h^i^f^^lf) conies in his proper perfon and pravs judg-
u a coixMAMi nfient of the ikid bin, becaufe he (ays th^t all fuch clerics or the (^^
ftrkiDf ind nm chief clcrk have, time out of mind, been fued and impleaded, and
as cUrk f lAe ought oply to be fued and impleaded in all pleas, at the fuit cf a
fubjed in the (aid court, before the fiiid king and his predeceflbrs,
kings and queens of this realm, by bill to be there iiied againft
diem as prefent in the faid court ; and die (aid William further
filth, that he now Is, and at the time of exhibiting the &id bill
s^nd long before was, one of the faid chief clerks ; and this he is
ready to verify ; wherefore, and for that the fatd Ann Biagravc
bath exhibited her &id bill in the (aid court againft the (aid WiU
liam, as an attorney of the faid court, and not as one of the clerks
of the faid chief clerk,.the faid William prays judgment of the
iame, and that die faid bill may be qua(Bed, to*
FkaiQ Abate. AND the faid Thomas Fellows, and alfo Will&ni Myers,
ttwntbytwo againft whom and the faid Thomas Fellows the- (aid Lary
defbndanti in Abraham hadi exhibited his bill by die names of Thonm Felims
ftrfroerof*<mc.' ^^^ Richard Myers, come in their proper perfon and 4efend the
force and injury, &c. and pray judgment of the faid bill, be^iaufe
he the faid William Myers was hsptized by the name of WilKan^^
to wit, at London afore(aid, in the pari(b and ward ^iotdzii^ and
from his baptifm hitherto has been sdways known and named by .
that name } without this, that he the faid Wjlliam now is or ever
was known or named by the name of Richard, as by the ftid biff '
is above fuppofed ; and this they are ready to verify } wherefore
they pray judgment of the (aid bill, and that die faid biH maybe
qua(hed, ccc. '
This plea as now fettled by roe « bad
an law. It can Xt^pS^ be pleaded by
Myers 'm^j but then the bUl wodU have
beefi quafhcd only at to Mm, and the
pbinciff mi(ht have pme oo againfit Fd«
lows.
1r. GiBB#.
Pteathatan6- AND die faid Pctef Thcfrtrpfoit, by Wrllfatn Loveridge his
ther joined in attorney, comes and defends the wrong and injury, when, &c«
cheproanife>aad ^.tiA prays judgment of the bill aforefaid, and that the fame tti^
bTdcfc^d^* be qualbed, bccaufe he fays Aat the (kid fevera} fuppofed p/o-
2^. " "" mifcs and undertakings in the fa}d bill mentioned, if afty fudi
were made^ were and each of them Was made, as well by the faid
John Bockctt, as the faid P. T. ^nd net by thijaid P. T. along^
which faid John BocJcett is ftill ihring, to wit, % London afore-
faid, in the parifh and ward aforefaid ; and this the faid P. T. is
ready to verify ; wherefore, ina(much as the faid John Bockett is
not named in the faid bill, the (aid P. T. prays judgment thereof,
and that the (ame may be quaflied, &c.
AND
ABATEMENT. if
And the faid William, as ^o the faid plea of the faid P. T. Replication
by him abave pleaded, fays, that for any thing therein alledged, J^„7g^'„Vil^e'''
the iaid bill of the faid William ought not to be quaflied, be^aufe Jl.",^-f^d^
be (ays that the faid fevend promifes and undertakings in the faid
declaration mentioned were, and each of them was, made by the faid
P.T. alone, in manner and form as the faid W illiam hath above there- ,
of complained againfl him ; and this he prays ipay be inquired of by
lbecouQtry9 and the faid P. T* doth the like. Therefore, Ice.
Tho. Barrow*
This replication was wUhdrawiit tbe promifb by defendant to pay the money,
pbmtiff*s attorney finding, on enmi* wrlj that it Jhwld he paiJ. Vide the caJGi
•acion, tluit be coald not prove a fpecial reported, £fpinafle*t Cafes at NL Pri. 64.
AND the faid Michael) by Edward Lodge his attorney, conies Plea mharim*
anddefendik the wrong and injury, when, &c. and as to the fup- e^»^tofora«
pofed promifes and undertakings in the faid ift, 2d, 5th, 6th, 9th Ztc^^ic^Ttol
and loth counts of the (aid declaration mentioned, fays, that he did ^hm, that the
not undertake and promife in manner and form as the faid Thomas promifes were
kith above thereof complained againft him ; and of this he puts made jointly f^ntb
Umfelf upon the country, &c. And as to the 3d, 4th, 7th, and ^"^[^defcmtant
8th counts of the faid writ and declaration mentioned, the faid ^^^
Michael claims judgment of the writ aforefaid, and the declaration
thereon founded ; becaufe he fays, that the faid feveral fuppoied
promifes and undertakings in the faid 3d, 4th, 7tb, and 8ch counts
mentioned, if any fuch ever were made, were, and each of thesi
was made by A. and B. and the faid Michael jointly, and not by
the (aid Michael alone, as the faid Thomas hath in and by his (aid
writ and declaration fuppofed, and that the faid A. and d. at the
time of the conmiencement of this fuit, were and yet are livings
to wit, at tllverftone aforefaid, in the county aforefaid; and this
he the (aid Michael is ready to verify: wherefore^ inafmuch as
the (aid A. and B« are not named in the faid writ, or the faid de*
flaration thereon founded, the faid Michael prays judgment, and
that the (aid writ and declaration may be qualhed, &c.
Tho. Bakrow^
AND the (aid Michael Van Millinger, Samuel Poole, Thomas pfea m abate*
Qumtin, Alexander Goodwin, Peter GaufTen, Gabriel Clarmont, nient» thatfome
James Scawen, William Downes, Ifaac Luc^s, and James Flint, ®^ ^^ plaintiflfa
by Giles Bleafdale* their attorney, come and defend the wrong and ^\^ the'd^n-
injury, when, &c. and fay, that the (aid feveral promifes and un- dant8,and there-
dertakiogsiotbe(aiddeclarationmentioned(ifanyfuchwereor was fore could not
made) were, and each and every of them was made by them the faid fue.
defiendantSytogetherwithone James Farquharfon, John Atkins,Peter
AvrioU,aiid William Mo ffzttj jointly^ and not by them the faid de-
fendants (naming them) feparately from and without the faid James
Farquharfon, John Atkins, James Peter AurioU, and William
Moffatt, to wit» at Weftminiter ; and that the faid J. F. J. A.
Vol. I. C J. P, A*
n
It
AfiATENfEl^T.
J. P. A. and W. M. at the time of exhibiting die bill of the (aiJ
plaintiffs againd them, were and ftiil are living, and in full lifef
to wit, at Weftminfter afor^faid, in the county aforefaid ; and
this they the (aid defendants (namins them) are ready to verify:
wherefb^e^ inafmuch as the faid J. I* . J. A. J. P. A* and W. M«
are ndt named in the faid declaration, they the (aid defendants
(naming them) pray judgment, and that the fame declaration may
be quamed, &c. V, Gibbs.
K. B. Mr* Cibbtj after <Irawins this plca^ thought id flwuki be in bary and b
altered it.
m^t » i^r ^^^ ^"^^ ^^^^ Henry Finch, George Roflile, George Pcard,
fl^mcM in^ r' Samuel Hatfell, Henry uuW and Elizabeth his wife, Margaret
thatthehouieis Rodiler, and Gregory Sharland, by Oliver Jones their attovney,
in the parifli of come into the court of our faid lord the now king, before the king
Tiverton, which himfeif here, and pray judgment of the faid indi(^ment, and that
let^^^^T** t''^ *^ ^*™^ °^^y qua{hed, hecaufc they fay, that true it is that the
fromC Wiethe ^^^^ mefTuage called Pall-Ftoufe in the faid indi6iment mentioned, is
Fifft, autheri- Atuate, lying, and being in the parifh of Tiverton aforefaid, in
fing a mayor, the. faid county : but the (aid Henry Finch, &c. fays, that the
recorder, &c to to\^ and the (aid parifh of Tiverton, in the faid county of Devon
t^e oo^zance aforefaid, are, and at the time of granting the letters patent herein
of all thines r • i ' ^ ^i-i^i- /•
withm the pa- ^™^ mentioned were, an ancient town and panih, that is to fay,
ri(h,andexclu<t- ^^ ^^^ parifh of Tiverton aforefaid ; and that our late fovereign
inj jufticcs of lord George the Firft, late king of Great Britain, &c. by his let-
the county. ters patent under the great feal of Great Britain, bearing date at
Weftminfter, the fourth day of December, in the eleventh year of
his reign, willing (amongft other things) that for ever thereafter
iii the faid town and parifh there fliould be tontinually had one
certain and undoubted method of and for the keeping of the king's
peace, there did (amongft other things), for himlelf, his heirs and
fucceflbrs, will, conftitute, ordain, grant, confirm, and declare,
that the faid town and parifti of Tiverton, in the faid count'y of
Devon, (hould be and remain from thenceforth for ever thereafter
a free town and parifh of itfelf, and that the inhabitants of the faid
town and parifh, and their fuccefTors, (hould be for ever there-
after, by virtue of the faid letters patent, one body corporate and
politic, in deed, fa£^, and name, by the name of The Mayor and
DurgefTes of the Town and Parifh of Tiverton, in the County of
Devon, and them, by the name of mfeiyor and burgefTes, &c« in
one body corporate and politic, in deed, fa6^, and name, did really
and fully, for himfeif, his heirs and fucceffors, ena£t, make, or*
dain, conftitute, create, confirm, and declare, by the (aid letters
patent, and that bv the fame name they (hould have perpetual fuc-
ceffion ; and the faid lafte king did, by the faid letters patent, for
himfeif, his heirs and fucceiior^, grant, ordain, confirm and de*
clare, that from thenceforth for ever thereafter there (hould be
within the parifh aforefaid, one of the moft difcreet and honeft
men of the town and parifh aforefaid, in form thereafter in the faid
letters patent mentioned, to be chofen, that (hould be, and (hould
be
X^etters patent
let out.
ABATEMENT. »>
V
be named, mayor of the faid town and pari(h aforefaid i and that
there fhould be likewife, from time to time, within the town and
fniifli afofeiaid) twelve of the moft difcreet and honeft inhabitants
of the town and parifli aforelaid, who (hould be, and (hould be
named, lawful btnrgeffes of the town and parifli aforefaid; and
that the mayor of the town and parifli aforefaid, then after in the
{lid letters patent named, and every other mayor of the town and
parifli aforefaid, fliould be of the number aforefaid of the twelve
capital burgefles of the town and parifli aforefaid ; and that there
fliouid be within' the faid town and parifli, from time to time^
twelve other of the devouteft and honefletl inhabitants of tjie town
and parifli afereiaid, who fliould be, and fliould be named, affift*
ants of the town and parifli aforefaid ; which faid capital burgefles
and affiflants fliould be, and fliould be named, the common court*
cil^f the (aid town and parifli. And our late fovereign lord king CoAftiiuftni
George the Firft,^ by his (aid letters patent, for himfelf, his heirs mayc*.
and fucceiTors, did afHgn, name, conflitute, and make Nathaniel
Thorny an inhabitant of the town of Tiverton aforefaid, to be
the modern mayor of the town and parifh aforefaid : and our faid
late fovereign lord George the Firft, bv his faid letters patent,
willed, that the fame NaUianicI Thorn lliould be and continue ia
the office of mayor of the &me town and parilh, from the date
of the faid letters patent, until Tuefday next after the feaft of
St. Bartholomew then next enfuing, and from that day until an-
other capital burgefs of the town and pari(h aforefaid fliould be
chofen and fworn into the fame office, according to the ordinance!
and conftitudons in the (aid letters patent thereafter expre(red and
declared, if the (aid Nathaniel Thorn fliould fo long live. And Capital buifir*
the (aid late king George the Firft, by his faid letters patent, for ^
himfelf, his heirs and fucceflbrs, did aiSgn, nominate, conftitutey
€on(inn and declare Oliver Peard,&c. inhabitants of the town and
parifli aforefaid^ to be capital burge(res of the faid town and pariih,
to continue in the fame office during their natural lives, ualefs in
the mean timey for their mal- government or ill behaviour in that
bdialf, they, or either of them, (hould be removed from the faid
office. And moreover, the faid late king George the Firft, by GrrndninhiMi^^
bii faid letters patent, for himfelf, his heirs and fucceiTors, did name, '""^ "^''
conftitute, make, confirm, and declare Leonard Blagden, &c. in*
habitants of the town and pari(h afore(aid, to be affiftants of the
fud town and parifh, to continue in the (aid office during theif
natural lives, unlefs, &c. as before, willing notwithitjjuiding, and
the faid late king, by the faid letters patent, did declare, that it
(hould be, and was his will and pleafure, that the faid Nathaniel
Thom did not take upon him the execution of the office of mayor
of the town and parifh aforefaid, until he had taken a corporal
oath to execute the faid office rightly and £ilthfully in all thingSi
and by all things touching the fame office, before William Cole*
Buui, &c. or any two or more of them ^o whom our (aid late king'
George the Firft did, by the faid letters patent, give and grant
fiiil power and authority to adminifter fach oath to the (aid Na-
C 7( thanid
20 ABATEMENT.
^ thaniel Thorh) without any other warrant or commi^on In that
behalf to be procured or obtained from the faid late king George
the Firft^ his heirs orfucceflors. Moreover, our (aid late king
George the Firft, by his faid letters patent, willed, that the faid
capital burgtfles and aHifiants of the town and parifh aforefaid^
who for ever thereafter for the time being (hoyld be named, before
they, or either cjf them refpeSively, fhould be admitted to the ex-
ecution of the offices of capital burgefles or afliftants of the town
and parifh aforefaid, fhould take a corporal oath before the mayor
of the town and pari(h aforefaid for the time being, that they»
and each of them, would well and faithfully exccufe their refpec-
tive offices in all things and by all things appertaining to the faid
^ office. [The plea then proceeds to recite feveral other daufes of
the charter, directing the mode of elechng their feveral officers
above mentioned, and appointing a recorder to continue in office
Miyor and te- dui^atite bene piad'Oy with the manner of his ele£^ion, &c. j. And
corder for time moteover) the faid late king George the FirfV willed, and by the
^^^^ hUTni^M '^'^ letters patent, for himfclf, his neirs and fuccefibrs, did grant
£l*e^exercifcd *"^ confirm to the faid mayor and burgefTes of the town and pa-
office of mayor r\fh aforefaid, and their fuccefTors, that the faid Nathaniel Thorn,
to be juitices of in the faid letters patent named to be mayor uf the town and pa-
thc peace within rifh aforefaid, and the aforefaid Oliver Peard, during the time that
cU?^ *^f ^thc ^^^ ^^*^ Nathaniel Thorn fhould execute the faid office of mayor of
towi and pariih ^^^ ^<^^" ^"^ parifh aforefaid, and every other mayor of the towrt
^ T. and parifh aforefaid who fhould thereafter be for the time being,
and alfo the faid John Webfter, in the faid letters patent named to
be recorder of the town and pariQi aforefaid, during the time he
fhould execute the office of recorder of the town and piirifli afore-
faid, and every other recorder of the town and parifh aforefaid,
who fhould thereafter be for the time being, and every perfon who
. fhould have and exercife, or thereafter fhould have and exercife^
the office of mayor of the town and parifh aforefaid, after that be
fhould depart from the office of mayor of the faid town and parifh,
during one whole year immediately next after his departure from
fuch office, from tnenccforth for ever thereafter, might and fliould
be, and each and every of them might and fhould be, our faid late
fovereign lord the king^s juflices, and the juflices of his heirs and
fuccefTors, to prcferve and keep the peace, and the pjace of bis
heirs and fuccefibrs, within the town and parifh aforefaid) and the
precincts and limits of the fame, and to keep, and caufe to be
kept, all ordinances and ftatutes made for the good of the peace o^
our faid latt king George the Firfl, bis heirs and fucceflbis, and
for the prefcrvation of the fame, in all its articles, within the
town and parifh aforefaid, and the limits and piecin^lsof the fame,
according to the form and efftA thereof, to chaflife and punifh
all delinquents againfl the form of the fame ordinances and fla-
tutes, or any of them, within the town apd parifh aforefaid, the
liberties and precinchof the fame, as was to be done, and accord-
ing to the form of the faid flatutes and ordinances, and to caufe all
tfaofc who fhould uf(3 any threatening to any one or any of the
people
ABATEMENT. tl
people of the faid late king George the Firft, his heirs and fuccef-
fors, for the hurting of their bodies, or the burning of their houfes,
to find fccurity for the peace, ^d for their good behaviour towards
the laid late Icing George the Firft, his heirs a»id fucccflbrs,' and
the people of the faid late king George the Ftrft, his heirs and
fucceflbrs j and if they (hould refufe to find fuch fecurity, then to
caufe them to be fafeiy kept in the prifon of the faid late king
George the Firft, his heirs and fiicccflbrs, until they (hould find
fuch fecurity; and that the faid Nathaniel Thorn and Oliver
Peard, during the time that the faid Nathaniel Thorn (hould ex-
ecute the office of mayor of the town and parifli aforefaid^ and tho
mayor of the town and parifli aforefaid for the time being, and
the (aid John Webber, during the time that he (hould be recorder
of the town and parifh aforrfaid, that the recorder of the town i
and parifli aforefaid for the time bv-ing, and the aforefakl perfon
who (hould have and execute, or thereafter fliould have and ex-
ccute the office of mayor of the town and pari(h aforefaid, or any
two or more of them whom the (aid late king George the Firft
would have the mayor or recorder of the town and pari(h afore-
tiid for the time being to be one, (hould have full power and abjb-
lutc authority from time to time for ever, to inquire, by the oaths Authority to
of honeft and lawful men of the town and parifli aforefaid, by ^^^ feffiw*
whom the truth might be the beft known, of all and all manner of
petty treafons, murdqrs, homicides, felonies, witchcrafts, inchant-
nients, forccries, magic art^, trefpafles^ cngroffers, foreftallers^
regrators, and extortioners whatfoever, of all and Angular other
mifdemeanors and offeiices whaifoevc*r, of which the ju(tices af-
figned to keep the pea^c of the fa^d late king George the Fir(ti
bis heirs and (ucceflbrs. In any county of this realm of £r>glandy
ought and might lawfully inquire into, by whomfoever and how*
foever, within the faid town and parifli aforefaid, the liberties and
precinfts of the fame, thentofore done or committed, or which
thereafter (hould happen to be there done or attempted ; and alfo
ti all thofe who, within the town and parifh aforefaid, or in the
Ebcrties or precincts of the fame,^ in conventicles, againft tbo
peace of the faid late king George the Firft, his heirs andfuccef-
^rs, in diflurbance of the people of the faid late king George tho
Firft, his heirs or fucceflTors^ or with ftrength had gone or ridden
i^rmed, or thereafter fliouId prcfun^e to go or ride armed, and
?l(b of all thofe who had lain in wai^ Xa maim or kill the people of
ihe (aid late king George the Firft, his heirs ox fucceflbrs^ or who
thereafter (hould prefume to lay in wait, and filfo of all hoftlers^
aod alfo of ^1 and Angular other pcrfons who had offended or at«
tempted^ or who thereafter (hould ofFead or attempt^ within thq
town and pari(h aforefaid^ or the preciadls or liberties thereof, ia
4)e abufe of weights and meafures, or in felling of vidluals again(t
the form of the ordinances and ftatutes^ or any of them, madq
for the common utilit}' of the realm of England, and of the peo^
pie of the late king George the Firft^ his heirs and fucceffors i
UdslUoof wha^tfoevcr conftables, gaolers^audother ofElc^rs t;o whom
at ABATEMENT.
the execution of the officesabout the premifes (houldbelonei or anj of
theni} who had unduly behaved themfelveSf or thereafter mould pre-r
fume unduly to behave.lhen)felves,or who hgdbeen remifs or neg«
lieent) or thereafter (hould happen to he, within the town and parifi^
atorefaid) or the liberties or precinSs of the fame, and of all and
fingular articles and circumftances, and other things whatfoever|
by whomfoever, and howfoever, within the town and pari(h afore-
faid, or the liberties or precinds of the fame, done, committed^
or which (hould thereafter happen to be done or attempted how-
foever, concerninfj; the premifes or any of them, and infped al}
indidments whatfoever which thereafter (hould be taken befor^
the faid Nathaniel Thorn and Oliver Peard, during the time in
which the faid Nathaniel Thorn (hould execute the office ol
inayor of the town and pari(h aforefaid, and the mayor of the town
9nd pariih aforefaid foi the time bein^;, and the faid John Webber^
the recorder of the town and parifh aforefaid for the time being,
and the aforefaid perfon who (hould have and execute the office of
mayor of the town and pari(h aforefaid, or any two or more of
them (the mayor or recorder of the town and pari(h aforefaid fof
the time being always to be one), and to iflue out and continue
procefs on the (aid indiAments againft all and fingular perfons in-
diffled, until they 0iould caufe them to be taken, or until tbeji:
(hould render themfelves to be outlawed, and to hear and deter*
mine all and Angular the premifes which) according to the law$
;ind ftatutes of this kingdom, in fucb cafe were accuftomeJ and
ought to have done, and to chaftife and puni(h all offenders, an4
every of them, for their oiTences, by fines, redemptions, amer«
^iaments^ forfeitures, anii others, according to the laws and cuf*
toms of England, and the forms of the ordinances or ftatutes
aforefaid ; yet notwitbftanding that they do not proceed to the de«
termination of any petty treafon, felonies, or other offences what-
foever touching the lofs of life or members within the town an4
parifh aforefaid, without the fpecial licence of our faid Fate fove^
reign lord king Georee the Firf^, his heirs and fqcceflbr$.
Moreover, our (aid lateiovcreign lord king George the Firft did
Kim inmmt- will, and by the faid letters patent, for himfelf, grant the (aid
imKt claufe ex- mayor and burgefTes of the town and pari(h aforefaid, and their
cept in matters f„cceffors, that no juftice of our faid late king, his heirs and fuc*
^^T'^Kn^ cefTors, within the aforefaid county of Devon, (hould anywifi-
• enter into, or intermeddle to do or execute anything withm th^
towii dn^ p^fi(h aforefaid, or the liberties and precinds of the
feme, which jufticeg of the town and parifh afore(aid, by virtue o^
the faid letters patent, coi^ld or ought to do and execute, provided
that the faid letters patent', or anything therein contained,' (houW
not extend, nor (houl^ be cbnftiyed (q extend, to excl^dc or hin-
der the jufticcs of the faid late king,'liUTie5r? and fucceiTors, aC*
figned or to be affigncd to keep the faid late'Kihg's |)cace withiiii
his county of P^vori^ oi* any of them, from exectiUng the office
aforefaid of i, juftice affigned to keep the faid late 'kihg's peace
withid the town and panib of Tivertoti tforeikid^ in all things
ABATEMENT. >3
iod matters touching or concerning any revenues of our faid late
fovereign lord king George the Firft» his heirs and fucceflors, or
any of them. And fur^er, our faid late fovereign lord king
George the Firft did will, and by his (aid letters patent, for him-
felf, his heirs and fucceiTors, did grant to the faid mayor and bur-
^effes of the town and parilh aforefaid, and to their fucceflbrs,
that it (hould and might be lawful for the mayor and recorder of
(be town and panfh siorefaid for the time being, and for the (aid
Oliver Peard during the time that the faid N. Thorn (hould ex*
ecute the office of mayor of the town and parifh aforefaid as afore-
(aid, and every perfon who (hould execute tho oflice of mayor of
the (aid town and pari(h afore(aid during one whole year after he
ihould depart from that office, or any two of them, of whom the
mayor for the time being always (hould be one, in any conve*
nient place within the town and pari(b aforeiaid, to hold and keep
i general feffions of the peace of our faid late fovereign lord kin^;
George the Firft, his heirs and fuccefTors, for all things, matters,
and offences happening, falling, or done within the faid town
and pariCb, and the liberties and precin<^s of the fame, and to do
and execute all things in the fame feffions in as ample a manner
and form as the j unices of the peace of our faid late fovereign
lord king George the Firft, his heirs and fucce(rors« in his county
pf Devon, did or could do, or thereafter might do; yet notwith-
ftanding, that they might not proceed to the determination of any
petty treafon, felony) or other offence whatfbever touching thf
lob of life or member within the town and parifh aforefaid, with-
out the fpecial licence of our faid late fovereign lord king George
the Firft, his heirs and fuccefTors, as by the faid letters patent,
remaining of record in the court of Chancery of our lord the pre-
(ent king, at Weftminfter, in the county of Middlelex, more fully
and at large appears ; whic)>Haid letters patent, foon after the grant*
ing thereof, to wit, on the fourth day of December, in the eleventh
year of the reign of our faid late king George the Firft, to wit^
at the town and pari(h of Tiverton, in the county of Devon afore-*
bidy the then iithabitants of the (aid town and parifh duly ac«
cepted, and by means thereof the inhabitants of the parifh afore-
iaid became, and were, and ever fmce hitherto have been, and con-
tini^ed to be,, and ftill are, a body corporate and politic, in deed)
&A, and name, by the name of Tl;ie Mayor and Burgefles of the
Town and Parifh of Tiverton, in the county of Devon. And Avennenf thai
the (aid Heiiry Finch, &c« in hO. further &y, that under and by there hu been
virtue of ihe bid letters patent, at the time of prefenting the faid and ftai it
indidment^ there v^re, and from thence hitherto l^iycbeen^ and /<*»*«. and that
fttll are, a mayor, Recorder, and capital burgefs of the &id town idj^f^^l^
and pariih,^ and whq ha^ (erved the office of mayor of the (aid have held M^
borough, an4 who for the time being have been^ and have a^ed fiqpa y«>riy^
asjuftices of our lord die now king, affigned to keep the peace
within the town and parilh aforefiiid', and alfo to hear and deter-
mine trefpafles and other mifdemeanors committed within the (ai4
(own 9nd Parifbi and the precin^s and limits thereof} and who,
Q 4 un4u
14 A B A T E M E N T,
under and by virtue of the letters patent, had full power and ab«
folute authority to inquire, by the oaths of good and lawful men
of the town and parifli afor^faid, by whom the truth might be
the bell known, of the faid offence in ths faid indidment men*
tioned. And the faid Hen^y Finch, &c. in hSt further (ay, that
^ver fince the granting of the faid letters patent hitherto, the
mayor,- recorder, or perfon who hath laft ferved the o&ce of
mayor of the faid town and parifli, of whom the mayor of the bid
town and paritb for the time being, hath always been one for the
<ime beingt have yearly and every year held general feifions of the
peace in and for the iaid town and parifli, for hearing and deter-
mining trefpafles and other mifJeincanors committed within the
faid town and parifli aforefaid ; and this they the faid Henry Finch*
&c. are ready to verify : wherefore they pray judgment of the (aid
mdidment, and that the fame may be qualbed, &c. [See In-
dictments.] ' C. RUNINNGTOH,
Demurrer to And fir James Burrow, knight, coroner and attorney of our
/^Ar« in tf^fl/«i«« j-Qygj.gjgj^ Jqj.j (Jjjj king, in the court of our faid lord the king,
to tiuiu^miMt. ^^^^^^ ^^^ j^j^g himfelf, for our faid lord the king faith, that by
reafon of anything by the faid Henry Finch, &c. above in pleading
alledged, the faid indiiftmeht ought not to be quaflied, becaufe he
fays that the faid plea and the matters therein contained are not
fuj£cicnt in law to quafli the faid indictment, to which faid plea,
in manner as the fame is above pleaded, our faid lord the king is
not under any neccfiity, nor obliged by the law of the land in any
manner to anfwer ; and this he the faid coroner and attorney of
t>ur faid lord the king, for our faid lord the king, is ready to vc
rify : wherefore, for want of a fufficicnt plea in this behalf^ our
' faid lord the king prays judgment, and that the faid Henry Finch,
&c. may be convided of the premifes in the faid indidlment
mentioned. [See Demvkkek to Pleas, and Procbedings
• IN Criminal Suits.] W.Baldwih,
Joinder In dc- And the faid H. Finch, &c. fay, that the faid plea and the mat-
muner. ^^j-g therein contained are fufficient in law to quafli the faid indifl-
ment, which faid plea and the matters therein contained they the
faid H. Finch, &c. are ready to verify and prove in fuch manner
as the court here fliall direcfl : wherefore, inafmuch as the laid
coroner and attorney of our faid lord the king, for our faid lord
the king, hath not anfwered the faid plea, tior in any wife denied
the fame, the faid Henry Finch, &c. pray judgment of the iaidia*
di£laient) and that the iaid indlftment be quaflied, &c.~
Plea in labate- AND the (aid William, J»mes, Geocge, and John .come In
mcnttothewrit jj^gjj, proper perfons, and pray judgment of the aforelaid writ, be-
thec'^B^^gainft ^^"^^ ^^^Y % ^^^^ *^ aforefaid writ ought to have been fued •ut
fcyen drfcndanu and profecuted by the faid Jofeph in this behalf againfl them, by
afurpUaby two of not guilty) by four others jam.' {y of the **im ofproper adiinm.
,^
ABATEMENT. t$
d)e names and additions following : that is to fay, James Jobbins^
]2teof Kniehtfbridge, in thie county of Middlefex, bricklayer;
William Vaughan, lace of the fame place, labourer ; George
Stone, late of the fame place, gardener ; and John Carfwel, late
i)f the (ame place, cordwainer ; and not in the fame form in which
it above appears to have iflued againil them ; and this they are
ready to verify : wherefore, for want of proper additions of de-
cree and calling in this behalf, they pray judgment of the afore*
£ud writy and that the fame may be qua(hed. N. Gross.
«
And the (aid Jofeph, as to the faid plea of the faid James, Special idmmtt
William, George, and John, by them above pleaded, lays, that tothc above ptet^
the (aid plea and the matters therein contained, in the manner and J^^ '^-^' **f"
form as the fame are above pleaded and fet forth, are not fufficient to i^ve fm^
in law to quafh the aforefaid writ of him the faid Jofeph, nor is the ia fuch plea $
bid Jofeph under any neceflity or in any wife bound by the law of ti>at they hxn
the land to anfwer thereto i and this he the (aid Jofeph is ready to n^«^*r«<l their
verify; wherefore he prays judgment, and that the faid James, havc"^t **S
William, Gcoree, and John may anfwer over to the aforefaid de- iwth adeCeaif*
claration againit them. And Tor caufes of demurrer in law, he writ, nor (hewn
the (2ud Jofeph affigns and (hews to the court here as follows, to ^^ <^ proper
wit, For that the faid pica is pleaded by the faid James, J^^««» ^
William^ George, and Jonn jointly i whereas the want of or im- thariioimle«i
perfedion of additions can only be pleaded by each of the de- be taken \ tlu*
fendaots feverally and diftindly, and as to his own particular did« it is pleaded m
dition without regard to the addition of any co-defendant: and •*****™^*o^«*«
for that the faid James, William, George and John have not in ^11^1^38^1*
^ by the (aid plea averred or alledged the feveral and refpe<5livc a^oukl faavt
degrees and callings in the faid plea mentioned and fet forth ; and been in ^bace*
for that the faid James« William, George, and John have not in mentof itasn^
or by their £ud plea ftated or fet forth any defedlive or other ori- ^«<*«««Ml
gtoal writ in this a&ion or fuit, nor is it in or by th^ faivi plea ^*
poiitivelyaverrcdoralledged that the faid feveral additions of degree
and calling by the (aid plea fuppofed to be omitted are not contained
in the writ of the faid Jofeph, though omitted in the declaration :
and for that no \S\xt can be taken : and for that the Faid plea is
pleaded in abatement of the whole writ of the faid Jofe'ph in this
a&ion or fuit, whereas it ought to have been pleaded in abate-
ment thereof as to the faid James, William, George, and John
^y : and for that the (aid plea is in other refpeds uncertain, in-
|ttfficient> argumentative! ai^d informal, &c« [«9/^ Demurrer
TO Pig^s.] Th^- Walker,
And the faid James, William, George, and John fay that the joinder ^ dn-
(aid plea of them the faid James, William, George, and John, murrer.
and the matters therein contained, are fufficient inlaw to qua&the
ffore(aid v^rit of the faid Jofeph ; which faid plea, and the matters
herein contained, they the (aid James, William, George, and
tohn are ready to verify and prove as the court (hall diredl, &c. :
fiicrcfarc, (ince the (aid Tofeph bath qot denied or in any wife
^were4
aft ABATEMENT.
anfwered their afore(aid plea, but totally refufed to admit the ver{«
fying, they the faid James, William, George, and John, as be-
fore, pray judgment of the faid writ, and mat the fame may bo
quaOied. N. Gro8£«
TkM in j*«e- AND Nicholas Olborne, impleaded by the name of Peter
u^^^hl^'^h Oiborne, in his proper perfon comes and defends the wrong and
defendant ^ rfut '^^i^^y, when, &c. and faith that he was baptized by the name of
his chriAian Nicholas, to wit, at the pari(h of Carrick, in the county of Tip-
name is Nicbo- perary, in the kingdom of Ireland, and from his baptifm hitherto
fas, iHit (hat he has been always known by the nan^e of Nicholas ; without that
IS ^««l by the jj^^j j^^ ^^^ f^^jj Nicholas now is, or at the time of iffuing the writ
narato^ eer- ^^ ^^^ ^^|j Jofcph was, or ever before had been, or ever fincc
hath been, called or known by the chriftian name of Peter, as
by the writ and declaration of the faid Jofeph is above fuppofed ;
and this he the faid Nicholas is ready to verify ; wherefore hp
prays judgment of the fold writ, and that the (ame may be qua(h«
ed, Sec, N. Geosi.
social (kmurrer And the faid Jcfeph, as to the faid plea of the laid Nicholas
fbrreto, bccaufc j,y ^im above pleaded, &ys, that the faid plea and the matters
W api>ea)'s on the /. .'^ . . ' -' ,/. ^l/- »
Fccord thathcii^"^^^'" c^"^^"*^"» '" manner and form as the lame are above
<k!cLired againft pleaded and fet forth, are not fuflicient in law to cjuafh the afore*
ky the name of faid wrjt of him the faid Jofeph, nor is be the faid Jofeph under
Nicholas } that ^ny nece/fity nor in any wife bound by the law of the Jand to an*
Sianfccrl^e vr. '"^^^ ^^^reto i and this the faid Jofeph is ready to verify ; where-
ijiie in his pica fore he prays judgment, and that the faid Nicholas may anfwer
-without nectf over to his aforefaid declaration. And for caufes of demurrer in
tity, and ha^ Jaw he the faid Jofeph afligns and (hews to the court here as fol-
STereThe^'iffue '^^'^' ^° ^*^» ^^^ ^^^^ ^^^ ^^'^ Nicholas hath alledged in his laid
in»r'be tried ^ P'^^' '^^^^ ^^ ^^^^ ^^^" impleaded and declared ags^mft by the did
that Ik has not Jofcph in this fuit by the chriftian name of Peter inftead of
Ihewn any dc- Nicholas } whereas it appears by the faid declaration, and by tht
$ea in the ori- record and proceedings before this court, that he hath been andis^
^k\ ^^'^* ^^ impleaded and declared againft by the chriftian name of Nicholas^
prpperV'^airoU ^"^ that the faid Nicholas hath in his faid plea varied from the
there ; that he place and venue in the faid declaration mentioned, without any
|ia< improperly ahfoluie neceijty for fo doing : and for that the feft of the iai4
^eaded In a- Nicholas's baptifm is alledged to have ari(en in th? kingdom of
Stokwrit^ *^** Ireland ; whereas fuch faft fhould have been pleaded to have arifet^
?it Knightfbridge, in the county of Middlefex, the venue men-
tioned in the declaration^ in order that the fame might be brought
and fall within the cognizance of the jury here that might be im-
panelled to try fuch fa£l in cafe it was put in ifliie : and fpr tha(
the (aid Nicholas h^th npt fet ^orth in bis faid plea any defediv^
or other original writ of the faid Jofeph in this fuit, nor is it in or
by the faid plea avowed or ftated pofitively that the ftid Nicbohs
is not io named in (he writ of the faid Jofeph, or that fuch writ
\s againd him by the name of Peter ; and for that the faid plea i^
pleaded m ^b^temcn^ of the whole wrz( of tb? laid Jofeph in this
^ ' • .•••'•• •" ■' • • .aa^o^
r
\
ABATEMENT, «|
lAion or fuit % whereas it ought to have been pleaded in abatement
pS the (kid writ as to the (aid Nicholas only : and for that the faid
pka is in various othcrr refpe£h uncertain, infufScient, argumea?
tatire, and informal, &c. TSfe DfiMURii^R to Pleas.]
' ^ Tho. Walker,
[Here follows a joinder in demurrer by the defendant Ofl>orn9
* fimilar to that by the other defendants.]
Sut becaufe the juftlpes hefe will advife amongft themfelves Curia
before they give judgment iipon the faid feveral premifes, fo re- !^'
ferred to their determination as aforefaid, a d^y^ that is to faV| '^^^^^
Tudday the 17th day of June 1785, is given to the faid Jofepb^
and to the faid James, William, George, John, and Nichblas, to
hear fuch judgment, for that the f^id juftices hero are not yetadif
vifed thereof, ice.
Judpn^t (hat (hp fSefen^ant (hould anfwer ovcc.
AND the (aid John Murray in his own proper perlbti pomes p]ea Ui .»^w
pA prays judgment of the faid bill, becai|fe he (ays that the faid ment that th<
(everal promife^ and ^ndertakings in the faid declaration men* promifca were
tioned, if any fiich were made, ^^cre m^de by one W. H. one "^!^*^^J^
*r. R« one H. W. pne J. H* junior, one J. C. one J. L. one ^[^wq oSho^
W. P. one A. D* one A. L. one W. B. one J. W. dot f^rmtt wft
W.R. &c. &c« (in number twenty-two^ jointfy with the faid named, joMr
John Murray, and which fai^ W, H. &c. ccc. ifc. were alive, and **^ "^ ff*T
fhe &id W, tj. &c« &c. are, anjl each cf them 19 ftill alive, to*^^
wit, at Weftminfter aforefaid ; iiyherefbre, becaufe they are not.
por is either of them, named in the (aid bill* the (aid John Mur*
fay prays judgmenf of tt^e (aid bill, and tha( the fame may be
|ua(hec4 ^ Epward Law,
And ^e £ud Johp Abraham Fiflber and Robert Whitwortfa itcpScaOM ^
^y, that the faid bill of them, by reafon of anything above by t^ abciveitei
the faid John Murfay in pleading alledged, ought not to be qua(h«
ed, becaufe they fay that the f^id (everal prpmifes aiid undertakings
in the (aid declaration ipentioned were m^de, and ^ch of them
fm made, by the (aid John Klurray feverally, as iq the deplara*
fioQ afore£iid is above allcdged, fo wit, at London afore(aid, in
(he piT\0\ apd ward afore&idi and this they the (aid J, A. F. and
R* W. pray inay be i'pqulred of by the country, &c. and the (aid
]6bn Murray doth the lijcei therefore let a jury come before our
lord the king at We(iminftier, on^ &c. by whom, &c« and who
peither, ice. to recognize, &c. becaufe as well, ice the (ame dajr
|s given to the faid parties. therC} &Cf J. Mqrgajc^
foifofi of any thing allcdged in the ^dplea of the (aid defimhm,
•"*''*'"' ' ''- ' to
!L1
t
t8 ABATEMENT.
to be qualbed, be caufe he fays, that the faid feveral promifes and
undertakings in the faid declaration mentioned, and each and ever/
of th(;m) WHS made by the faid defendant alone> in manner and form
as the faid plaintifT hath above tliereof complained againd him ;
tnd this he prays may be tnquLied of by the country. ISimi^
/if^r and ifluej. . T. Barrow.
• >■
flM i» *«•• AND the ftid John Stoc5cd<!e, by Thomas Yates his attorney,
9finit, that thf comes and 'defends the wrong and injury, whcn» &c. and prays
I^^J^^j^^^ judgment of the faid bill of the faid William^ becaufehe (avs, that
'leiKiam and hit >^ ^ time of the making the faid feveral fuppofed promifes and
fjf^tutri jointly, Undertakings in the faid declaration mentioned, be the faid John
«ad not h^ hinx StockcU^e, on^ Edmund Dayrell, one Richard Weld, one John
fjparately, Morgan, one J. F. and oive J. W. were partners m trade, and that
the faid ptomifef^and undertakings in the faid declaration mentioned
were made by the faid j. S. jointly with them the (aid E. D. J. M.
], F. and J. W. and not fcparately by him the (aid J, S. and which
lid E. D. J. M, &c. &c. are ftill alive, to wit. at Weftminfter
aforefaid) in the faid county of Middlefex ; and this be the £iid J. S*
is ready to verify : wherefore, inafmuch as the faid Edmund^
Richard, &c. &c« are not named in the faid bill, the faid John
Stockdale prays judgment of the faid hill, and that the fame nuy bq
qualbed, &c. .
^^ai d^mar. And the iaid William faith, that the faid plea of the faid John
fcr, for that it by him above pleaded, and the matters therein contained, are not
H^^ i^ H*^* fuScient in law to bar thef^id William from having and maintain*
Vceo p adc i^ ^^^ ^^^ ^fore&id ^Sdon againfl him the faid John, to which laid plea,
in manner atid form as the fame is above pleaded, he the (aid
Wiiliam is no;^ under any neceffity, nor obliged by the law of the
land, to anfwer \ and this he is ready to verify : wherefore, for
want of a fuificient plea in this behalf, tiie faid William prays
judgment, and bis damages by reiafon of ^he premifes to be adjudged
to him, tec* And for cist^i of this demurrer in law, the faid Wil«
tam, according to the form of the ftatute in fuch cafe lately made
and provided, Ihews to the court here the(e caufes following : for
ihat the (aid John, in and by his (aid plea, dtfitids th€ wi^o^g ani
injurjy wbiMy i^c* : and for that the (aid John concluded the (aid
plea with ti€ frujer thai the faid biil of the faid IVMiam mgbt &#
fuajhedy which is in the nature of a ^ca in abatement, whcreaa
he ought to have concluded the faid plea with a verification, and
pray judgment if the faid William ought to have his adion againft
pirn the faid John : and for that the Sad plea is in pther refpe^
inform^ ^nd infufficien^
And the faid John fays, that the ptea aforelaid, in manner andi
form afonefaid by him the faid John above pleaded, tnd the matter
in the famie contained, are good and fufficient in law to quafh tho
(aid bill of the (aid WiUian^> which (aid plea fo pUadcd> and the
W»ttci[
y^^^^*'
ABATEMENT.
MUer therein contained, he the faid John is ready to vehTy an:!
prove, as the faid court (hsAl award : and becaufe the faid WiUiani'
hath noc anfwered the faid plea, nor hitherto in any manner denied
the laroe, he the £ud John, as before, prays judgment of the faid
biO, and that the fitme niay be qualhed.
H
Jl AN© the faid J, D. and W. F. in their^ovvn perfens, plea •f /HviT*^
come and defend the wrong and injury^ &c. and fay, that the cqurt («) o^«» •'••^
here ought not to take, nor will take^ cognizance of the plea afore- "?» ■ tf^
feid, becaufe the faid W. D. lays, tliat he the faid W. F. now is^ ^^ ^^ ^
and at the time of exhibiting the bill of the faid John New againu the K. B. tht
them the faid J. D. (b) and W. F. and before, was, one of th6 other C. r.
attorntes of the court of our lord the now king, before the king
bimfelf here, to wit, at Weftminfter aforefaid, as by the roll of the
attamies of this court here fully appears, and that, as an attorney
for many of the king's fubjeds, he is now profecuting and defend*
ing divers fuits and aflions in the faid court of our faid lord the
king, before the king himfelf here ; and that he the faid W. F» o^
any other attorney of this coftrt, whilft he or they refpediively are
or is fo profecuting or defending any caufes or fuits in this court,
by an antient and laudable cuftom ufed and approved in this court
mxn time immemorial, ought not, nor ought any of them, contrary
to their will, to be drawn into or compelled to anfwer any bilh of
bills to be exhibited againft him or them, as in the cuftody of the
marfhal of the niar(halfea of our lord the now king before the king
himfelf, or in any other manner whatever, except by bill or bills to
be exhibited in this court againft him or them, as an attorney or
attornies of this court, in all pleas, plaints, and demands, which do
not relate to his majefty's perfon (pleas relating to freeholds^
felonies, and appeals, only excepted ; and this he the faid W. F»
is ready to verify : wherefore he prays judgment if he ought to be
compelled to anlwer to the iaid John >few in the faid plea in the
£ud court here.
(tf}T<NifniyYithcr|ilcBd privilege with
S/r^ of khe writ, or with an extmfti^
)^mm c£ the ivcord, or as thin it
ftadcd.— Saik. 545. 1. Com. Dig. 3, 4,
».Cfo&pt PnuR.
[k) J. D. is ID attorney of C P'.
As the above plea fuppoCes die de-
^adaao 10 be pra^ng attomiet at the
iim fd conmcbcisig this (uit^ it pcihafs
may be deemed necelTary for thede^d.
acts to AieW (hme ad done by them at
attoinies alter the adroiiHon of Mr. D*
and before the bringing of this a^tlonf
fuppofe the plaintiffs ihould difpute iu
Any adt done m a caiife (evcn writing a
letter demanding a debt preparatory to
an action brought) 1 Ui.nk would be fuf*
ficienc
T* Barrow*
AND the laid Jofeph Ellyet, G. E. and Geo. Barnett, by Chrif- Pka in abatt-
topher Hall their attorney, come and fay, that the faid Richard mcnt thatpJain-
Knapp ought not to be anfwered to his wrjt and declaration ^'ff"*^"^^'^'
aforcfaid, becaufe they fay, that after the malting of a ceruin adt '"•'*"' """^'^'
Of
16 ABAtEMEi4f.
of partiairi^t^ made at the parliament begun and holden at We4«
minfter, in the county of Middlefex, on the 17th day of March, iii
the firft ye^lr of the reign of our /o?ereign iont George the Firft^
)ate king of Great Sri^in, France, and Ireland, defender of the.
Iatth,and fo forth, in titled, ^^ Ah Aft for the further Seci/rity of
^ his Majefly^s Perfon and Government, and the Succeffion of
** the Crown in the Heirs of the late Princefe Scypfoia^ being pro'
^* teftants, and for extinguifbing the hopes of the pretended rrince
*< of Wales, and his open and fecret Abettors ;" and befoje the
day of obtaining the (aid original writ of the faid Richard Knapp^
that is to &y, on the 6th day of 06lober, in the yealr of our Lord
17459 ^t Warblington, in the faid county of S» Richard New, efq.
John GringOi efq. and Samuel Marfllall, efq. then three of the
juftices of our lord the now king, affigncd to keep the peace in the
county aforeiaid, and alfo to hear and determine divers felonies,
trefpafTes, and other mifdeeds committed in the faid county of S«
and all of them, being of the quorum) by force and according to
the form and effe£b of the faid a£t of parliament, did tender unto
the (aid Richard Knapp^ whom they then and there did fufped to
be dangerous and diiafFeded to his majefty and his government,
the oaths in that. ad of (a) parliament n^entioned, and by the
fame a£l appointed to be taken, for the faid Richard Itnapp to take
the fame, and then and there were ready and offered to adminiAer
the faid oaths to the faid Richard Knapp, according to the form
and efFed of the faid a& of parliament ; neverthelefs the (aid Richard
Knapp, to whom the faid .oaths were fo tendered, did then
and there refufe to take the fame, and did then and there neglefl,
. and hath ever (ince hitherto neeleded, to take the fame ; of which
refufsd the faid Richard New, John Grtngo, and Samuel Marflball,
the juftices aforefaid, afterwards, and before the obtaining the (aid
original writ of the faid Richard tCnapp, that is to fay, at the
quarter feiSons of the peace of our lord the prefent king of the &id
county of S. held next after the faid refufal, that is to fay, at the
quarter feflions of the peace of the faid county held on the 14th
day of January in the faid year of our Lord 1745, at the caftle of
Winchcftcr, in and for ^e faid county of :>• before the right
honourable John lord vifcount Lymington, the reverend Benjamin
WoodrofFc, clerk, prebendary ofWinchefter, Thomas Bates, &c.
&c. and others their fellows, then juftices of our (aid lord the now
king, afiigned to keep the peace of our faid lord the king in the
county of S. atorefaid, and aifo to hear and determine divers felonies,
trefpafles, and other mifdeeds committed in the fame county, did
certify the faid refufal of the faid Richard Knapp in the court of
that feffions of the peace, to be recorded in the rolls of that feffions,
according to the form and eScSt of the faid ad of parliament i^
which faid refufal was then and there recorded amongft the rolls of
that feffions, as by the record thereof in the fame court of (effions
more fiiUj appears, and from thence afterwards, and before the
(«} I. Cca 1.C 13.
obtaining
A B A t E M t N T4 Jt
•btiinii^ die original writ of the (aid Richard Knapp^ that is to tsLji
on the ift dav of May A. D. 1750, the faiii refufal was certified
by Morgan Keene, efq. then clerk of the peace of the county of
Soutbampton afore(aid, into his majeily's court of chancery^ held
at Weftminfter, in the county of Middlefex, there to be recorded
amongft the rolls of that court) in a roil in the faid court of chan*
eery provided and kept for that purpofe only, which afterwards^
and before the obtaining the original writof the faid Richard Knapp»
that IS to fay, on the faid ift day of May in the year laft aforefaid»
was recorded amongft the rolls of the faid court of chancery, in sfc
toll in the faid court of chancery provided and kept for that purpofp
0Dly9 according to the form and efFed of the (aid a<i) of parliament!
as Dy the record thereof, in the fame court of chancery at Weil*
minfter remaining, more fully appears (the tenor of which record
is now produced here in court) ; whereby, and' by force of the (aid
aft ot parliament, the (aid Richard Knapp from the time of hi$
refu(al afore(aid became, and on the day of fuing out the faid origin
oal writ was, and yet is, a popijh recufant conviifi* and as a popi(h -
recii(ant convi£l ought to be taken, efteemed, and adjudged ;
Hfiiich (aid record of convi(5lion is yet in full force and e(fe£l, not
leverfed nor annulled ; and this they are ready to verify : where** ^
fixe they pray that the plea aforefaid may remain without day, untile
&C.
D. P00L£«
AND the faid plaintiffs, as to the faid plea of tYit faid defendant, Replication to a
byherfecondly above pleaded in bar, fays, pracludi muy becaufe pro- plea of cwertwi
Idling, that the &id plea, in manner and form as the fame is above ^ abatement^
pleaded and fet forth, and the matters therein contained, are infuffi- ST^*^* •** ^
cient in law to bar die (aid plaintiffs ftom having the faid a<flion ^^^ ^" ^^^^,
againft her } protefting alfo, that the faid defendant was not mar- proceAing aifo)
tied to nor under coverture of the faid R. B. in the plea mentioned, that the defend*
in manner and form as the faid defendant hath in her faid plea in "^ *** "*^ */^**
that behalf aUedged : nevcrthelefs, for replication in this behalf, ^^ J^^^^l
the (aid plainti(Fs fay, that the (aid defendant, before the making of fore the caufeof
the (aid feveral ptomi(es and undertakings in the (aid declaration adim accrued^
mendoned, and before the makin? of any or either of them, and the defendant
before the feveral caufes of action in the faid declaration mentioned, Ij*^^^^!^/™'^
or anv or either of them accrued, that is to fay, on, &c. at, &c. thit t*wwSk,
doped from the (aid R. R. in the (aid plea mentioned, and that (he scc was don«
hath from thence hitherto lived, and ftill doth live, feparate for the defend-
and apart from the faid R. R. and that they the (aid plaintiffs did *^^ ^^ ^^ ^*
and performed the work and labour in the declaration mentioned 2^*^L^"** ^
(br the (aid defendant, and at her requeft and on her credit only, ^ ^'
and fold the goods and merchandizes in the faid declaration
mentioned to the faid defendant, and at her requeft and on her ere*
dit only, and that they laid out, expended, and paid the money in the
lail count of the (aid declaration mentioned for the (aid defendant,
and
la
ABATEMENT.
and at her requeft and on her credit only, to wit) &c. } and tfaist
&c. : wbefefore, &c«
Fkft in abate- AND John Seabrook, againft whom the faid Edward by his bill
•J^J^^'^j^J? exhibited complains, by the name of John S«brook, by Janus
»f«*r in defend- Hcdgfon (a) his attorney ^ comes and defends the wrong and injury,
«a(*i furname^ &c. and prays judgment of the bill aforefaid, becaufe he fays, that
he is named and called by the name of John Seabrook, and by the
faid name of John Seabrook from the time of his baptifm hitherto
hath been called and known; without this, that the faid John Sea-
brook now is or ever was called or known by the name of John
Seabrook, as by the faid bill is above fuppofed ; and this he is ready
to verify: wherefore he prays judgment of the faid billj and that
the fame may be quafhed.
{a) There mutl be a fpecial warrant
of attorney for this, ^Lat ii. i. Com.
Dig . 70. for regularly defendant ought to
appear and plead in perfon in fuch cale.
I am of opinion^ that the mifnomerin
this caie it pleadable in abatement of the
bill, Xhe nabc of the defendant being Sa«
brook i but, both in the declaration eri
on the httck of it fix. is plainly wrote S^-
brook, which is a material variance both
in letter and found. There muft be an
affidavit of the trvcfa of the plea aniicxc4
to iCy according to the ihuute 4. AnnCi
c. 16. before it is delivered.
1\ Barrow.
Fka €>ifrit,i!cge AND the faid William, in his own proper perfon, comes and
by an attorney j^c^Js (he Wrong and injury^ and (ays, that he ought not to be
S'?^b!Sd compelled to anfwer to the faid bill of the faid plaintiffs, afiigaeel
liven by him, as aforefaid, becaufe be fays, that he now is, and on the day of exhi*
ivroceeded . a- biting the fai^ bill of the faid plaintiffs, aflignees as aforefaid, and
gainft as acorn- j^ng before was, one of the attornies of the faid court of our lord
non periba ^^^ |^j„g himfelf here attending in the fame court, and that in the
fame court there is,and from time whereof the memory of man is not
to the contrary there hath been,a certain antient and laudable cufiom
ufed and approved of in the iame court, that is to fay, that no sfttor*
ney of the f^me court, againft his will, hath been fued nor ought to
be fued in any perfonal action in this court, otherwife than by bitt
exhibited againft him as an attorney of this court prefent here in
court : and ihe faid W illiam further fays, that the faid bill exhibiied
againft him by the faid plaintiffs, ai&gnees as aforefaid, in this fuit
is exhibited againft him contrary to the faid cuftora as a prifoner
in the cuftody of the marOialof themarihalfeaofour (bvereign lord
the king before the king himfelf, and not againft him as an attorney
of this court prefent here in court ; and this the faid Williaoi is
ready to verify : wherefore, fince the faid William now ia fued|
on the day of exhibiting the faid bill of the faid plaintiff^« afignces
ss aforefaid, and long before, was an attorney of this court prefisnt
here in court in his own proper perfon, he prays judgment^ and
that
ABATEMENT.
that his privilege as fiich attorney may be allowed him, and that he
may net be compelled to anfwer to the faid bill. H. RttssELt*
33
It appears hf the cafe of Row «.
Bridgwacrr, RameS) tij. that anattdr-
Uf hf entering into 0 hail Und fttn>ft
ihfri^tge(a) i wherefore^ and as it U
ibewa OP the face of the ncord by the
decoration in this caufe, that defendant
has emercd into a bail bond |for he i«
fosd boon it), the Court maft take notice
(hit Ms pka is a itolKty ; I am of opi-
moo that his plea is bad upon demnirer.
k rfennirrer to a plea in abatement
(•) Qucre, If he lofes his priTikgc
Hrfaen ford in the iame court f
(i) Mr. Baldwin^ before whom this
ms hid, bong of opinion, that though
jfrniSmM noi have hit ctfAs^f this
plaintiff Cff^ mt he enlttleJ f» af/fs (h)t
but as the defendant (an attorney) it
an oflScer of the courty I mdine to think
the Court would entertain a motion for
him to ihew caufe why the plea fliouki
fK>t be fet afide, add he pay the cofls of
the application, for having firfl a^ed
contnitV to one of \tt known rules, in
beooming bail, and afterwafds attemptiof
to take the advinttge of his condua.
T.BAiaow.
demurrer immediately, yet if he ulti-
mately fuccecded, the mafter ^oM aOoW
them in the general cofts of the
for that teuie demurred genenUly.
AND die (aid W. C. in his own proper perfon comes and de- piea In j%tt.
fends the wrong and injury, when, &c. and prays judgment of the ment, that one
bill afbreiaid, becaufe he fays, that the faid feveral promifes and ^ ^' ""Ij?*
undertakings iti the iaid bill mentioned^ if any fuch were or waa ./j5'^^[]^^
loadei were, and each of them was, made as well by one C. N. fendant,andthat
and one Wt H. as by the &id William C. jointly^ and not by the defendant did
faid William C folely and feparatcly, to wit, at Weftminfter afore- <^ proiiuie«
feid, in the county aforeiaidi and that the faid C. N. and W, C
at the time of the exhibiting the bill of the faid B« D. againft him
the faid William C. were and ftill are living and in full iife^ to wit)
at Weftminfter aforeiaid, in the county aforefaid ; and this the faid
William C. is ready to verify : wherefore, inafmuch as the faid
C. K. and W. K. are not named in the bill aforefaid, he the iaid
William C. prays judgment) and that the (kid bill may be qua(hcd«
And the faid B. (ays, that the (aid bill, by reafon of anything Replication mi
bf the laid William 0. above in pleading alledged, ought not to ^"^
be qaafhed, becaufe he fays, that the iaid ieveral promifes and un-
dertakings in the (aid bill mentioned were not, nor was either of
tkem, made as well by the laid C. N. and W. K. as by the faid
W. C. jointly, but that the fame were^ and each of them was,
made by the faid W. C. folelv) in mamier and form as by the (aid
bin is above alledged; and this the (aid B. prays may be inquired
of by the country, and the (aid W, C. doth the like , therefore^
4c.
Iht plaintiff muft not onlyprove the quantum of damages to bt fbttfid by tha
kfmmt UabHity of the defendant C but jury.
ato Che aooiioa o£ hb danaod as the
Vol. I.
ANJ>
34
A B A t E M E N T.
Plea in aKate* AND Thoma^ 6. againft whcnn the faid B. hath exhibited bi»
f^Sl' •'^"S^^V '^'^ ^'" ^y ^^^ name of John B, in his own perfon comes and (ays,
cUn "name ''ii ^***^ ^^ '*'** baptized by the chrjftian name of Tb^mas^ and by that
Tbmasf and soc chriftiaii name now is, and frobi the time of his baptifm hitherte
John. hath been, called and known, to wit, at A« kc. ; without this, that
he the faid Thomas at the time of the commencement of this adion,
or at any time before or fince, hath been dr now is called or
known by the chriftian name of yohhi as by the faid bill is above
fuppofed ) and this he is ready to verify : wherefore he prays
judgment' of the iaid bill, and that the fame might be quailhed,
&c.
Warranti
of
Attorney.
Trinity Term, 34. Geo. III. Witnefe Lloyd Lord Kenyort,
^Roll j Stormont and Way.
LONDON Jf. Jonathan j. puts in his place A. F« his attor*
ney, againft William H. in a plea of trefpais upon the cafe.
' LONDON ffl The laid William appears in his own proper
perfon, at the fuic of the laid Jonathan in the plea aforefaid.
Mcmorawhim. LONDON Jl Be it remembered, that on Friday next after
the morrow of the Holy Trinity in this faid Term, before our lord
the king at Weftminfter, comes Jonathan J. by A. F. his attorney,
and brings into the court of ou: laid lord the king before the king
himfelf now heie^ his certain bill againft William H. being in the
cuftody of our lord the now king before the king himfelf> of a plea
of trefpafs upon the cafe, and there are pledges for the profecution
thereof, to wit, John Doe and Richard Roe, which faid bill follows
in thofe words, to wit [Here enter the declaration, the plea in
abatement, and the demurrer thereto, verbatiin].
ToiMcr in de. ^^^ hereupon the &id Jonathan prays the court of oar laid
murrertoapiet lord the king now here, that the laid William may join in demur-
in abatement rer, and thereupon a day is given to the faid William before odr
^«i dam. fyk^ |q|.(] xh^ [(^jpg a( Weftminfter, until Wednefday next after
eight days of the Holy Trinity, to join in demurrer, &c. and the
fame day is given to the faid Jonathan, at the lame place ; at which
day before our faid lord the king, comes the faid Jonathan hy his
faid attorney ; and the faid William (although folemnly required)
Judgment by comes not, but makes default (a) : wherefore it is confidered by
«ie£iulc. the Court, that the laid William do further anfwer to the bill of the
faid Jonathan, upon Wednefday next after three weeks from the
day of the Holy iVinity \ the fame day is eiveii to the faid Jona-
than here, &c. ; at which day, before our faid lord the king at Weft-
minfter, comes the faid Jonathan by his faid attorney, and the faid
William comes not, nor doth he fay any thing in bar or preclulloa
of the faid a^ion } for which reaion, the faid Jonathan ought to
(tf) LIU. 492.
recover
r
Mover againft the Aid Williun hid damages by occafion of ths
iwn-performance of the (aid feveral promires and undertakings iii
the faid bill fpeciiied ; but becaufe it is unknown, &c. &c. &c. [ia
the nflial form ofjudgoicnt bjr default in aiTumpfit].
In the Exchequer of PJea^.
. And the faid James, in his own proper perfon, 66mes and cle- ^^^ »« ^^r
fcfidi the wfong and iiijUrv, when, &c. and as to fo much of the ^Vrtht d^
declaration aforefaid as relates to the fum of 19K ICH. in the iirft ^^|i|^ ^ ^
count thereof mentioned, and parcel of the mbrteyabove dehuinded, rferrt&faiAtg ;
tk iaid James prays judgment thereof, and that the fame may be to the fecond
^aaflicd, becauic he &ys, that after the recovery of the judgment »w»t«'^«*<*«
in the fiiid firft count ipecified, and before the commencement of '
ibis adion, to wit, on the 28th day of November A. D. j 788, the
£ud James, fot reverfiOg the iald judgment duly profecutbd Oiit of
Ae court of chancery of the (aid lord the king, at Weftminftef
irfbrefaid, a artain tut it of the laid lord the king, for cdrreffhrg
imr in the record and procefs, and alfo in the giving of the faia
judgment, direAed to Lloyd lord Kenyon, then and yet chief juftice
of the faid lord the king appointed to hold pleas before the king
himfelf, whereby it Was commanded to the faid chief juftice, that
if judgment was given thereupon, then he (hould caufe the record
and procefs aforefaid^ with all things touching the iame, to come
before his faid majefty^s juftices of the common bench and thcf
barons of his exchequer, in his exchequer chamber, at a certain
day in the faid writ fpecifxed^ that the faid juftices and barons^
viewing and eicamining the record and procefe aforefaid, might
caufe further to be done thereupon for amending the (aid error as
of right, and according to the form of the ftatute, &c. (hou)d be
meet to be done ; which faid writ of error afterwards, and before
the commencement of thisadion, to wit^ onthe 27th day of January
In die year 1789, at Weftminfter aforefaid, being then and there
deb'vered to the iaid chief juftice, was by him in due manner re*
tamed to the faid juftices of the Common bench and barons, with
the record and procefs aforefaid to the writ annexed, whereof the
tud John afterwards, and before the commencement of Ars a(%ion^
to wit, on the day and year laft aforefaid, had notice ; and the faid
James further Cays, that the faid writ for correcting error is ftill
depending undetermined and in full force, and that the judgment
afbreiatd is not yet either affirmed or reverfed \ and this the faid
James IS ready to verify : wherefore, as to fo much of the declara-
tion aforefaid as relates to the fum of 19I. los. in the firft count
diercof menoonod, the faid James prays judgment thereof, and that
the fiune may be quaflied, &c. | and as to fo much of the declarariou
aforefaid as relates to the fum of loi. in the fecond count thereof
aentioQcd, and reiidue of the money above demanded, the faid
James&ys, that he does not oweto th$ iaid John the faid fum of loK
ID the faid count mentioned, or anv part thereof, in manner and
D/r forix^
^
J6
ABATEMENT-
form as the faid John hath therein complained againft him ; tndof
this he puts himfelf upon the country, &c.
Ofinim. Ahhough I litve drawn •
plea of the pendency ef the writ of error
in abatement accoiding to my in'^nic
Cions» 1 am of opinion, that fucti a plea
is not maintainable eiiber In abatemmt
or in bar. Vide 3. Ba& Abr. sii. and
the cafes their referred to. The plaintiff
muft however demur to it, and the de*
tedaotp after t jqdgment i^ainft him on
demonvr to hit plea* wiJS ftiU hive m
oppcnunity of pleading «£<»>» cbufi boc
I flioQ'd thin kit cannot be woRh tfaede-
fendanc'f while to purchafe the time thia
plea may gain him at the neeeflStfy ci-
pence. There muft be an affidavit an-
nexed to the plea ( if Ated) that i» ii ami
in fubftaoce and matter cC iaft.
|>lei ID abate. AND HOW, to Wit, on Wednefday next after fifteen dajs of
ment to an m- Eafler in this fame Term, in the court of our faid lord the king
^dlnt**w« ^^^^^^ '*** ^*"8 himfelf here, to wit, at Weftminfter, in the county
fnverfantm the ^f Middlefex, P. P. of theparifli of St. Martin in the Fields, in the
par/h of St. M. faid county^ refiner, who, by vijtue of the writ of our £ud lord ibe
and not in the king, is had here to anfwer our faid lord the king of the premifet
parifh of A. as contained in the indictment aforefaid^ and thereby above alledged
^kid^arncn^^ againft him the iaid P. P. in his proper perfon, and having heard
the (aid indiAment read, be the faid P« P. iaith, that he ought not
to be compelled to give any anfwer thereto, becaufe protefting that
the (aid indi£^ment is infufficient in latw ; for plea in this behalf he
the faid P. P. faith, that he the Qid P. P. before and at the time of
the taking of the inquifition aforefaid, axul of finding the faid indld*
ment againft him the faid P. P. was, and from thence hitherto hath
been, and ftill is, (a) convtrfant in the (aid pahfh of St. Martin in
the Fields, in the faid county of Middlefex, and he the faid P. P«
at the time of the uking the faid inquifition, and of findirig the
£iid indictment againft him the faid P« P. or at anytime before or
afterwards hitherto, was not, nor was, nor hath he been, converfant
in the parish of St. Margaret) Weftminfter, in the (aid county of
Middlefex, as by the faid indi^lment is above fuppofed ; and thit
be the faid P. P. is ready to verify : wherefore, inafmuch as in the
laid indictment addition is not made of the place of the which be,
the iaid P. P. at the time of the taking the faid inquifition, and of
finding the faid indi&ment, was, and ftill is, and hi which he then
was, and ftill is, converfant, according to the form of the ftatute of
Addition in indidlments, in which the exigent may be awarded, he
the faid P. P. pravs judp;ment of the (kid indi(3ment, and that the
fiune may be quained, liQ.
. I am not certain whether it is neceiia-
Tj to acoompAny thii plea with an affida-
vit of its trach ; but if there be the Iratl
doubt about it at the office, I would make
luch affidavit ; and nnore efpecially fo, as
the ftaiuce4. Anne, c. t6. f. il milcea
%o exoepti^ in fiivour of indi^tmentay
Iwt requires an affidavit of the truth of
every dilatory plea ia every court of r^
cord . The t&i&snk n the nfual om, that
tlie pica hereto annexed is true in fuh«
ftance and matter of ikCt,
(«) Th9 place where defendant it
e9m/€rftat isitiisiicient, thoirgh tmTtwmmm
r«iir nor inliabiiaat. Barnci^ iH. Com.
I>«&. tit. Abatement^ F«
ABATEMENT. 37
AND the did defendant, by G. B. his attorney, comes and «« in al)»te.
_fendsthc wrong and injury, when, &c. and prays judgment of ^^"**^.**^;^'^
the (aid bill, becaofe he fays, that in the Term of Eafter laft, ^ JJ^j^,,^ ^
before our lord the king at Weftminfter, came the faid plaintiff, 15. chariet il,
br G. G- his attorney, and as well for our faid lord the king as for c 8- i^aAil a
himfeli; exhibited in the faid court of our faid lord the king before ^^^^^;^ ^^^ ^f
the king himfelf here, to wit, at Weftminfter aforefaid, his certain ^^J^J' '^^^^'
bill agaiaft the faid Ruhardy by the name of William Henbrow, fading ;kt piai^
being in the cuftody of, &c. of a plea of debt, and found pledges of tiff's luit for the
profecution, to wit, John Doe and R. Roe, and by the faid bill the lameotfcocc,
Aid John complained againft the faid Richard by the name of
JFiliiam Henbrow, being, &c. of a plea, &c. which h^ owed, &ۥ
[here recite the declaration to the end] as by the record thereof
DOW here in the court of our faid lord the king before the king
himfelf at Weftminfter remaining, more fullv appears, which faid
recited bill of the faid plaintiff', who as well, &c. by him exhibited
in the (aid court of our faid lord the king before the king himfelf, in- %
Eafter Term as aforefaid, at the time of the commencement of this
fiiit remaiaed, and was wholly undetermined, no wifedifcontinued,
quaihed or annulled ; and the faid defendant further fays, that the
000 (heep and the 40 oxen, and the felling thereof in the prefent
bill firft^bove mentioned, are the fame iheep, oxen, and fellings
and not other and different, and that the iaid 600 Iheep and 40
oxen, and the offering tafale thereof, in the fecond count of the
bill of the (aid plaintiff by him exhibited in Eafter Term as afore*
iaid mentioned, and the faid 600 ftieep and 40 oxen, and the offer*
ing to fale thereof, in the fecond count of this prefent bill men-
tioned, are the (ame fixeep, oxen, and offering to f^le, and not other
or different, and that the faid 6vO flicep and 40 oxen, and the
expoiing to fale thereof, &c. &c. [going through all the counts
in the above manner] ; and the faid defendant further fays, that
the iaid perfon againft whom the laid plaintiff exhibited his faid
bill by the name of JVilliam H. in Eafter I'erm as aforefaid, and
the iaid Rubardy againft whom this prefent bill of the faid plaintiff
is exhibited, is the faid Richard the now defendant, and are one
and the fame perfon, and not other and different perlons ; where-
(ore, &c. of this prelent bill of the faid plaintiff, and th^ithat bil}
may be quaihed. [Affidavit a$ ulual.] *
pfrw
AND he againft whom the faid plaintiff bath exhlbit<pd his iaid pieatotfaeim^
bill by the name of Daniel Stover, in his own proper perfon comes fon of • mif^ou
sod (a) defends (he wrong and injury, &c. and pleads, that he was mcr m the de.
baptized by the name of CharU^^ to wit, at, &c. aforefaid, and by *««*»«»«*• ChrtC*
Ae name of Charles hath at^^ays tince his baptilm hitherto been ^*^^^^°^
called and known; without this, that he the iaid defendant now is^
or at (he time of the exhibiting the bill of the iaid plaintiff' was, or
ever before had been, calkd or known by the Chriftian name of
(a) A pka of iniiaoaier muft be without defCDce, Tide Black. Com. 298.— -See
CQBCn, 9oia D^ tit. Abateoieot, 1. 16.
D 3 Paniel,
38 ABATEMENT.
See Hixon tf. Daniel, 21S in and by his faid bi]l is above fuppofcd ; :^nd thts he ]•
Biims, 3. Term ready to verify : wherefore he prays judgment ff the faid billy and
Rep.B.R. i«i. ^^^^ the fame may be quafied, ^c.
Sl^"bI)Tr lef ^"^ *^ ^^^^ plaintiff faith, that his faid declaration ought not
that the defend* ^°^® qualhed by reafon of anything in ih^ faid plea above alledgedt
«nt isdlledand becagfe he fa}^,tha^ the faid Charles Stover, who now appe?rs tp
known M wtU thebi)! and decUrauon of him the f^jd plaintiff, is the fame perfon
by one name ti againft whom the faid plaintiff brought hts faid bill ; and that he
the other. ^y^^ ^j^ Charles Stover long before, and at the time of exhibiting,
S.P.Iinp.Pra^ i(c. was, and ftill is, called and known as well by the name of
B. ^ as*. paniel Stover as by the (aid najpe of Charlps Stover ; and this he
the faid plaintiff pray!( may be enquired of by the country ; and the
faid Charles ^oth the )ike, &c. ; therefore, ScCy
f^*ti^d^*f'^d* AND W, H. of London, merchant, pg^jnf^ whom the (aid
am'isofao^her pl^i^tiff hath obtained his original writ in thiscaufo, by the name
addition ^n ^^ W* H. late of London, broker, in his own ptrf n comes and
(hat bywhich he defendstbe wrong and injury, &c. and praysjudgmentoftheafore-
ufaed. faid writ of the faid plaintiff, bee a ufe he faith, that he the lak}
At to (he pro. W. H. on the day of obtaining the aforefaid original writ, and
prietyofthiaai. jppg before, was, and from thence hitherto hath been, and ftill 1$,
S^*^A. <?• a nierchant ; and tbfit he the faid defendant on the faid day of
♦< Abatemenx** obtaming the faid original writ, was not, nor at any time either
L16. befpr^ or afterwards hitherto has been, a broker, as by the iaid
. Lit. 1S7. b. writ is aboye fpppofed : and this, &c. ; wherefore^ inafmuch as
the faid W. H. is not named of the very myfteryof which he really
Hixon«.Binns. is, according to the form of the llatute of Additions of Surnames
3- Term ^ep. and Names in Writs in which procefs ofoutlawry lies, lately made
'A^^' and provided, the faid defendant ^r^^ijw/i^wf^ff/, and that, &c.
Iteplicatlon tt^ And the faid plaintiff faith, that for the ncfss^fion before alledged
cd,
the
... - by
the faid writ is above (uppofed, to wi^, at, &c. afore(kid ; and this
he prays may be encjuired of by the countfy, icc^
Flratothejutif. AND the faid defendant iq his own proper perfon fsm^s 4in4
cliAion of privi. difends the wrong and injury when^ i^(, (a J \ and fays, that this
^•^J*"*'*®''- court here ought not to take, nor will take, cognizance of the
n!iipk« teTn P'^a aforefaid, becaufe he faith, that he the foid (ictpndant long b^^
aft.on biought fore, and af the time of the exhibiting of the bill of ^he faid plaintiff
#gaiaft him in ws^, and from thence hitherto hath been, and fiill is, one of the
tiM;Jcing*»benchf
{s) Vide ri£ck. Com. jd vol. %^%, fence in the pleat to the jurlfiii^lifn of
Co. Lit. l}^* Salk. ^17. Ld. Raym. the court,
3^2. with rtfpcd to the m&King fwU de«
r
ABATE MElfT, 39
attomles of the court of our lord the king of the bench, to wit|
at Weftminfter, in the county of Middlefex, aforefaid ; and tha.t he
the £iid defendant, during all the time aforefaid, hath proiecuted
aod defended, and ftill doth profecute and defend, divers pleas and
fifics in the faid court of the bench at Weftminfter aforefaid, for
many true and faithful fubjedts of our faid lord the king, as their
attorney ; and the faid defendant further faith, that he, and all other
the attornies of the faid court of the bench profecuting and defend*
ing fuits and pleas for their clients in the faid court of the bench,
eught, by an antient and laudable cuftom, from time immemprial
ufcd and approved of, according to the laws and cuftoms of this
realm, and the liberties and privileges of the faid court of the bench,
to be free and exempt from being compelled againft their wills,
and have not, nor hath any or either of them, at any time or times
wbatfoever hitherto, been ufed and accullomed to be compelled to
anfwer any plea or plaint in any aflion perfonal (pleas of freehold, Sec poftca, ;
felony, and appeals only excepted), before any juftices or miniflers ^
of our lord the king, or other judge whomfoever, in any court
whatfoever, except before the juftices of our lord the king of the
court of the bench at Weftminfler aforefaid, by bill filed in the
fiud court againftfuch attorney or attornies as prefent here in court;
and this he is ready to verify : wherefore he pravs judgment if he videLd.Rayiiv
OMght to be compelled toanfwer to the faid plaintiff in the faid plea 6$.
in the (aid court here, &c«
AND the (aid plaintifFfays, thathethe faid defendant, notwith<« Replication to f
landing anyt^^ing by the faid defendant in his faid plea al!.-dged, plwlikcUjciaft,
ought to anfWer to the faid bill of the faid plaintiff in the court *^nt;ff*is *^
here,becaufe he (aith, chat he the faid plaintiff long before, and at attorney of B.K,
thetime of fuingout the writ of attachment of priviled[e hereinafter and as fuch
mentioned was, and continually fince hath been, and yet- is, one of impleaded the
the attornies of the court of our lord the king, before the king him jT^*"fbencVb^
(elf here, to wit, at Wcftminflcr aforefaid ; and being fo an attor- J^^tMrl If
ney as aforefaid, he the faid plaintiff^ before the day of exhibiting prWilts^.
bis faid bill againit* the (kid defendant, to wir, on the twenty-eighth
4ay of November, in the twentieth year of the reign of our fove-
icign lord the now king, according to the liberties and privileges
for fuch attornies of the fame court from time immemorial ufed
9nd approved in the fame court, fued and profecuted out of the
court of our faid lord the king, before the king himfelf here, to
v^it, at Weftminfter, a certain writ of our faid lord the king of
attachment of privilege againft the faid defendant, directed to the
then fberifFof Middlefex, bv which faid writ the iTaid lord the king
commanded the then (heritfof Middlefex aforefaid t^at he (houla
attach the faid defendant and John Docj if they might be found in
bis bailiwick, and fafely keep them, fo that he might have their
bodies before our faid lord the king here, to wit, on next
after then next following, to anfwcr to the faid plaintiff,
gae pf the attornies of the court of the faid lord the king, befor(^
P 4 the
ABATEMENT.
(he king himfelfhere^to wit,atWeftniinfter aforefaid,according to tbf
liberties and privileges of the fame court for fuch attornies time out,
of mind ufed and approved of in the fame court, in a plea of trefpafs,
and alfo to a bill of the faid pliintifF againft the faid defendant for
forty pounds upon promifes, according to the cuftom of the laid
court of the faid lord the king, before the king himfelf to be exhi-
bited, and th^the (hould have there then that writ ; at which day,
before our lord the king at Weftminfier, came the faid plainiifF in
his proper perfon, and the faid defendant in his proper perform alio
appeared in the ^me court here to anfwer to the (aid p{<dntiflr
according to the exigency of the faid writ ; and the then (herifF, to
witf J. W* efquire, and R. A, efquire, returned to the faid court of
pur laid lord the king, before the king himfelf here, to wit, at
Weftminfter aforeiaid,; that by virtue of the faid writ he had taken
the body of the faid defendant and had bis body ready before the
iaid lord the king at Weftminf!er at that day, as by the
faid writ the faid (herifF w^s required^ as by the record thereof re-
maining in the faid court of our faid lord the king, before the king
himfelf here, to wit, at Wertminftcr aforefaid, manifeftly appears :
and the faid plaintiff further fays, that the faid writ of atuchment of
privilege, profecuted as aforefaid by thf faid plaintiff, was profe-
cutedby him the fuid plaintiff, as to the faid defendant, witii intent
to implead the faid defendant for the caufes of action ia the fai4
declaration above fpecihed, aiid to caufe him to appear in the ^id
Court here, and upon bis faid appearance to declare agamft him for
the fevt-ral caufes of aAion above mentioned, according to tho
Courfeapd cuftom of the faid court ; and the faid plaintiff, accord-
ing to fuch his intention, afcerwan:s, to wit, in Hilary 1 erro, in
the twentieth year aforefaid, declared by bill againll the faid
(icfendant, in manner and form aforefaid ^ aqd ihi^, &c. ; where^
fore, &:c. ; and that the faid defendant may anf A^er to the &id bill
of the faid plaintiff, &Ct p. Pool|:.
f let to tiK ]o« AND the faid defendant in hjs own perfon comes and (defends the
fifdidioo. wrong and injury^ t^c, andfaysy that the court here aught not to taJte
Fri^legc of an f^^^ will take cognizance of the plea aforefaid^ hecaufe he) fays, that he
SSTcS' u> *n *^ ^^^ defendant now is, and at the time of exhibiting of the bill
•aiM broughi of the faicj plaintiff againft hiai the faid defeqdant, and long before,
igainft him in was one of the attornies of the court of our lord the now king^
that court as a before ^he king himfelf here, to wit, at Wcftminftcr aforefaid, as
conunoopcrlbn. ^^y j^g ,.q|j of tie attornies of this court here fully appears, and tha^
as an attorney for many of the king's fubjefts he is now profecutinr
and defending divers fuits and adtions in the fai » court of our find
lord the king, before the king himfelf here, and that he the fu^
defendant* or any other i|ttorney of this court, whilft he or they
fejpciflivcly are or is fo profccuting or defending any caufes or fuit$
|n this (;ourt} by an antient and laudable cuilom, ufed and approve^
ip the faid court from time immemorial, ought not, nor ought any
(if thcai| contrary to thqjr ^il{ \o t>e ^rawf^ into or compelled ti^
ABATEMENT. 4«
wehftt atqr bt U or btUs to be exhibited againft him or Aem as in
the cttflody of the maribal of the marlhalfea of our Icrd the now
king) before the king himfelf, or in any other manner fvhatfoerery
except by bill or bills to be exhibited in this court agatnft him or
them as an attorney or attornies of this court, in all plias, plaints^
and demands, which do not relate to his majefty's peirfon (pleas
lelating to freeholds, felonies^ and appeals, only excepted) ; an4
dus he is ready to verify, and tbenfon apprehends* tLu the court
here nmU net nor ought to taie cognizance of the aHion ajirefaid her€
depending egainft him, &r. ; wherefore he prays judgment if he
ought to be compelled to anfwer to the faid plaintilT in his fai4
pka in the &td court here. W. D av /•
iS^Minr, If this pka wiD not be more flioold ooncMe to the re^flrdi aad notto
pnpefijr|iteiM by making the akeratiom the Gotiiitry» for no one can be an attorney
in lahc. Vide 3. Black. Com. 298. but by ihe ad of the c^urt, which ma(k
Co. Ul 127. Saik. 217. Ld. K^y, be entered on record t and the Court wi8
%%!, not fuffer a jury to enc/Uire into their «wA
II. B. A replication to the above plea aa. i. Stra. 76.
AND one William Lee, gent, againft whon^ the faid plaintiff P*** 8« ^^*
hadi exhibited his bill as one of the attornies of this court here, ?!"V'1*!^,P!I-
.i. r jjrji_ j'» 'on.tnat defend.
mms proper perfon comes and defends the; wrong and injury untj^n^^^^
wfaeo, &c. and prays judgment of the faid V>ill, becaufe he (ays, tomey,asalledg.
that the faid defendant is not, nor ever was, one of the attornies of «d in the biU.
tbe court of our lord the king, before the king himfelf at Weft-
miofter aforeiaid, as he the faid plaintiff harJi above fuppofed ; and
diis he the iaid defendant is ready to veri/y : wherefore he prays S. P. Imp. Pr.
judgment of the laid bill, and chat the ianie may be quafted, &c. '- ^ *V*
W» Whitakbb.,
AND die faid Mary, in her proper perfon, comes and prays pi^^ y^ ^i^^
JQ^ment of the bill aforefaid, becaufe the fays, that flie now is, mentofthcper.
aofl before the day of exhibiting the bill of the faid plaintiff was, ^ <^ defend-
and ever fince hath been, covert of one William Mand, then and *"*** oovenure,
ftili being her hufband, (o wit, at, &c.;ifore&id, which (kid William corerture ought
Maad is now.living and in full life, to wit, at, &c. aforefaid ; and tq be pleaded li\
diis (he is ready to verify : wherefpre . Che prays judgrpent of abatement, na(
the iai4 hill prolecuted againft the faid Mary as a fen^e fole in the '" ^f x.Utw^
ipanner aforeiaid, and that the faid bill may be quaOied, ta^c, *^*
Drmvn bf Mr, Warrek*
In the king's bench— Affidavit of truth of plea.
Mary Mand, of, &c. married woman, the defendant above
named, maketh oath, and faith, tbat tbe plea hereto annexed is
true in fubftance, in matter of faid,
^wpri^ ^Ct Mary Mand.
AND -
4t A B A T E M E N TV
Covfrtweftf tht AND the faid Anne, in Wer own perfon, comes and defimds the
dtfendancpk^cU ^^ong and injury when, &c and fays, that the 6id plaintiff* ought
^ not to have or maintain his aforefaid adion againft her, becaufe fhe
faith, that (be the faid defendant, before and at the time of the mak-
ing the (aid feverai promifes aad undertakings in the faid declaration
mentioned was^ and/rom thence hitherto hath been^ andftill is^ the
wife of, and married to, one John Smith (fince deceafed)^ and
which faid John Smith is now livingyto wit, at, &c. ; and this, &c.:
wherefore, &c. if, &c« JOrawn by Mr. Warrek*
pfeainbar,that AND the faid Jofeph and Sarah, \)j Richard Kelfall their
tlie phiiKiff ne attorney, come and defend the force and injury when, &c. andiay^
t^pui Mttupie m ^^^ ^ jj^jj plaintiffs ought not to have or maintain their aforefaid
pleaded to an ^^^^i^ againfl them, becaufe protefting, that the faid Sarah is not
aaionoftrefpafs guilty of the fojd trefpaffes and aflaults in the faid declaration men*
m «/ «rMo in tjoned, or of either of them, in manner and form as the laid plaintiffs
^^' hath above thereof complained againft them the faid defendants \'
for plea in this behalf they the faid Jofeph and Surah fay, that the
faid Edward and Ann were never coupled or joined together in
lawful matrimony \ and this the faid defendants are ready to verify :
wherefore they pray judgment if the laid Edward and Anne ought
to have or miuntaiii fheir aforefaid action againft them, &c«
Drawn by V.Law^s*
Plo to the per- AND the faid defendant, by A. B. his attorney, comes
te of ihr plain* and defends the wrong and injury, &c, and faith, that the
lifc^V*** *i*" faid plaintiff is an alien bprn, to wit, at Clera, under the allegiance
cnemy^*** ^^ ^^ ^^^ French l^ing, an ajverfary of our lord the now king, and of
parents adhering to bis faid ad verfary ; and the faid plaintiff entered
^ P. I. Mod. jj^jQ jj^j^ kingdom without the fafe-condud of :he faid lord the now
•M.iJxt, Ent ?. '^^"S » ^"^ ^'^'^ ^^ ^^^ '^^ defendant is ready to verify, where,
when, and as the Court Iha]! award : wherefore he p^ays judgment
if the faid plaintiff ought to bq anfwered to his faid bill, 2(c«
[Annex afSdavit of where the plaintiff was bprn^ ^d that he was
pot naturalized to the defendant's knowledge.] R« Dr aP£r«
Vide Morg. pig. 38, &c, a. ^Xx%, i99». Co. Lit. 1^9. SaUc, 4^ x. Mod*
pt. 17.
ILcpncation to And the faid plaintiff, notwithftandin? anything above pleaded
the tbove plea, by the faid defendant, fays, that he the (aid plaintiff ought to be an«
fhat the plaintiff fwer^d to his faid bill, becaufe he faith, that long before a war was
kill^ms in*^^* proclaimed between the faid French king and our faid lord the now
limeof peace, ^'"g> ^"^ *" ^1"^^ of peace between the faid kings, to wit, on the
andAitt refidea, firft of July 17^7, the faid plaintiff" was and refided in this kingdom
under the pro- of Great Britain, to wit, at Weftminfter aforefaid, and continually
tedion and K- ^yer fince, and at the time of the making of the faid promiffory
oenocofcuriof ^^ ^ ^^ ^jj fcycral promifes in bis 0ii4 dccla»tion mentioned^
aa<l
ABATEMENT. 43
ndat the time of exhibiting his laid bill, remained and refided^and
nowdodi remain and refide, in this kingdom of Great Briuin, by
the licence and onderthe protedion of our faid lord the now king
of Great Britain, to wit, at Weftminfter aforeiaid s and this, &c. :
iriierefore, &c. and that the laid defendant may anfwer his bill and
dedaratioii, &e. S. S. Sif ythb^
Yfdt 1, Bac Abu 84. Motp Pi(. %%, lee Ld. Raym. iZ^. S53. t. Stn. loSsr
lilk. 46. Fanrtflcy, 150.
AND the faid Sarah Hill, the daughter and heir of the faid Plea in
William Pritchard in the faid bill above mentioned, bj^ W. E. her jJ^L^f^ed*'
guardian, comes and laith, that flie the laid Sarah is within the age i^^^^J^^^/^
of twenty-one years, to wit, of the age of twenty years and eight atmm*
QKmdis, and no more, to wit, at, &c. aforelaid ; and this, &c. :
wherefore Ihe conceives thatlhe during her minority ought not to
be compelled to anfwer the laid plaintiff in this plea aforelaid, and
pnys that the faid plea may ftay and be refpited until the full age
(il ber the fiud S. H. &c* T. Sewbll.
AND the (aid Sarah Periam,by Anne ?• her guardian (who is Another pta
admitted by the court of our lord the king, before the king himfelf *»ke the M «»
here, to defend for the faid Sarah, being an infant under the age of ^^ ^^1!^
twenty-one years), comes and defends the wrong and injury when, o^ii^r,
tc. and the aforelaid Sarah laith, that Ihe is within the age of paroi detimr»
twenty-one years, to wit, of the age of twenty years and lix months, defendant bein^
and no more i and this Ihe is ready to verify : wherefore Ihc doth ^'^^ H*-
eiilteiid that Ibe, during her aforelaid minority, will be compel- h. T. 3^. 9^*
to anfwer the faid plaintiff of the debt aforefaid, and prays that
the aforefaid plea may from henceforth remain until the faid Mary
be pf iiiil age, &c.
And becaufe the laid plaintiff doth not denv the faid plea of the RepUcatiM t»
find Sarah, therefore let the plea of the faid plaintiff, and all pro- the above plea«
ccedings d|crrpil» be ftayed unti) the lull age of the faid Sarah,
Ac,
AND the laid defendant, by R. B. his attorney, comes and do* Abatement of
lends ^e wronz and injury, &c. and prays judgment of the plaint <^« ^|;»* "^^
[or writ aforelaid], and the declaration tbireon founded^ and pleads *^""^" ihaj
that he, together with one J. G. of, &c. on, &c. to wit, at^ Uc. be- ^^o wert jointi
caone jointly bound tp the laid plaintiff by the faid writing obliga- ly bound, 9u|
tory in the faid declaration mentioned in the fum of, &c. to be paid only <»e fue^
to the ^id plaintiff when they the faid defendant and J. G. (houid
be thereto afterwards requefted, and that the fa(d J. G. as well as
the laid defendant, figned, fcralcd, and delivered the faid writing
obligatory (as by the faid writing obligatory fealed with the re-
^ fpcd^ivg
44 ABATEMENT.
fpe£iive feals of the (kid defendant and J. G. and now brougjht hem
into court, the date whereof is the day and year in that behalf
abovementioned) more fully and at large appears) ; and the £ud
defendant further (kith, that he did not bind himfelf to the £ud
plaintiff by the faid writing obligatory without the faid J. G. but
that they the faid defendant and JTG. bound themfelves jointly and
not feverally by the faid writing obligatory, and that the faid J. G«
is ftill living and in full life, to wit, at, &c. aforefaid ; and this h^
the faid (defendant) is ready to verify : wherefore, inafmuchas the
(aid J. G. is not named in the faid plaint (or writ)y nor in the di"
tlaration thereon foundedy he the £iid defendant prays judgment^
and that the faid plaint for writ), and the declaration thenom
founded^ ouy be qua(hed> &c«
Abatemem of AND the faid defendant, in his own perfon^ comes and defends
an aftion of «/- the wrong and injury,&c. and prays judgment of the bill (or writ)
'dc^'^n"a«iiDft *^°'"^'**^» becaufe he faith, that the faid ftveral promifesand undcr-
cne only on a ^^^^gs in the faid bill mentioned, if any fuch were or was made,
vARTNsasBjt were, and each of them was, made as well by one A. £. as by the
iM>c. faid defendant, jointly, and not by the (kid defendant feparately and
,S. P. Imp. Pnc. folcly, to wit, at, &c. afore(aid ; and that the faid A. £• at the lime
%yu of the exhibiting of the (aid bill of the faid plaintiff againfi the faid
defendant was, and dill is, living and in full life, to wit, at, &c.
aforefaid \ and this, &c. : wherefore, ina(much as the faid R. £•
is not named in the bill aforeikid, he the faid defendant prays J udg*
ment, and that the (kme bill may be <}ua(hed, &c«
pleaof a former AND the faid defendant, in his own proper per(bn, comes and •
liiit depending <J-fends the wrong and injury, &c. and prays judgment of the faid
^tufc^of aftion ^''> becaufe he fays, that the faid bill was exhibited in this court
in the £une ^^''c ^^ Thurfday next after five weeks of Eafier, in this (kme
^^^cu Term, and not before, and that heretofore, to wit, in this ikoie
Eader Term, in the fame twenty-firft year of the reign of our
fovereign lord the now king, in this court of our lord the kixig,
before the king himfelf here (the faid court then and (lill beioc
held at Weftminfter, in the county of Middlefex), he the iai4
plaintiff exhibited his certain other bill againft dim the faid defend*
ant in a cerntin plea of trefpafs on the cafe on promifes, for the toon-
performance of the yery fame promifes and undertakings abone
mentioned, then and there complaining by the faid bill againft U)c
(kid defendant in that plea ^ for that whereas [here fet out the de-
claration verbatim till you come bu the conciufion] : nevertheiefs
the faid defendant, in no wife regarding hii>faid feveral promifes aii4
undertakings in form aforefaid made, but contriving,d(c. to.deceivc^
&c. the faid plaintiff in that behalf, hath not paid the (aid' feveral
fums of money, nor eiL^erofthcm, nor any part thereot (alt:ioughy
&c.)^ but the (aid (i|efen4ant hath hithertg aitogetnur refuf:;d, aod
*4
ABATEMENT. 4S
did then refde, to pay the (ame to the fatd plamtiiF, anit that tli«
fiune were ftill unpaid, to the damage of the faid plaintiff of two
buxidreJ pounds, and cberefere he brought that futt, &c as by the
record and proceedings thereof, now remaining in the court herC)
to wit, at Weftmlnfter afore&id. more fully appears : and the faid
defendant further faith, that the faid Edward Chapman, the pkiiitiflT
in the faid former plea, and the faid Edward Chapman, the plaintiflT
in this now prefent fuit, are the fame perfon, aud not other or dif«
ferent perfons, and that the faid 1 homas Warren, the defendant in
the iaid former pita, and the faid Thomas Warren, the defendant
in this piea, are one and the fame perfon, and not different perfons9
and that die feveral caufes of action mentioned in the faid bill in the
bid fbimer fuit and the iaid feveral caufes of action mentioned in
the find biil in this prefent and latter fuit, are the fame caufes of
aftion, and not divers or different caufes of a£lion : and the faid
defendant further faith, that the faid former fuit fo brought and
Kfecuted againft him the faid defendant by the faid plaintiff is
I pending in the faid court here, not difcontinued, tried, or de-
tombied ; and this, &c. : wherefore he prays judgment of the
find bill in the faid latter and prefent fuit pending the faid foroser
fin^ and that the fame may be quafhcd, 5(c« N. JoN£s«
AND the laid plaiotifF&ys, that the (aid bill of the faid plaintiflF, A repIicatkMi ol
fcy aeafim of anything by the faid defendant in pleading alledged, '"^ '"^ rtcord to
ougbtnot to be qvafbed, becaufe he fays, that there is not any foch ^^ P^* ** **•
record of fuch former plea now depending in the faid court againft
the faid defendant, by the name of, &c. remaining in the faid court
tfour faid lord the now king, before the king himfelf, at Weft*
Binfter aibre&id, as the faid defendant hath above in pleading
alledged } and this he the faid defendant is ready to verify : wbere-
fare be prays judgmant, and that the faid bill now here in this Term
Itainft the iaid defendant may be adjudged good, and that the faid
fhiatiff may anfwerover, &c« Drawn by Mr. Warren*
R B^ Thif repiicatioii wm copied qoaihing the Arft a^ion was entered on
iam other pleadings. Ttiisfeoooda^oa Uie roU* which was carried iiu
WM ccttQoeoced after jodsme&t for ^
JoKSS AND ANOTHER 1 AND the faid defendants, in their piea to the ja-
againft > proper perfons, come and defend the rifd.aionof B.R,
JoNfS. 3 force and injury, and fay, that the faid**»»* ^^*. ^""^
county t^Denbidi is one of the twelve counties within the princi- * ^nd^^rf" *of
palhy and dominion of Wa^es, within which faid county there is, waie'i^ and that
apd at the time of exhibiting the faid bill of the faid plaintiff, and the defendants
long before that time, was, a certain court of our lord the prefent <>«sht tobeim-
ling of great feffion, holden for the faid county of Denbigh, btrfore J^"f "1,."^ ^^
certain juflices of the fame court there, and that all and Angular J^,^^^ ^**^
pleas andaAioD^j as w^tl real as perfonal, ariCng within the fame
county.
ABATEMENT*
eounty, tre, and at the time of exhibiting, &c. were, tnd of righl
ought to bei pleaded and pleadable within the faid county of Den^
bigh, before the juflicesof the faid court of great feffion diere (at
the time being, and not here in the court of our lord the king be«»
fore the king himfelf ; and that they the laid defendants, and alio
the laid plaintiff, at the time of exhibiting, &c. and before, were
and from thence hitherto have been refidentand eommorant with-
in the lame county, that is to lay, at Rutbin in the faid county; and
this they are ready to verify to the laid court here, ice. : wherefore,
fince the caufe of adion aforelaid ariies within the laid county of
Denbigh, within the principality or dominion of Waks^ the afore^
faid defendants pray judgment, if the court of our lord the king
here will or ought to have further cognizance of the plea afore*
iaid. D. PooLX#
tkA fai diAte AND the aforefaid John, by his attomev, cornea ted era
■int«tiittDkinI ^7^ of the afbrefiud writs of fan facias fueo out againft him.
craves
wfTTithiTrHifi ^7^ ^' ^"^ aioreiaio writs oijctnjaeias lueo ouc agamic mm, and
tiff was nc ba. they are read to him, &c, which being read and heard, the ikid
ronet when he defendant prays judgment of the writs aforefaid, becaufe he fiiys^
lued in the ftile.that the laid plaintiff, on the day of fuing out the (aid writs of
hL^nt?* *^fire facias^ was not a baronet, as by the writs aforelaid ia
above fuppofed; and this he is ready to verify: wherefore, inaf-
much as the aforelaid plaintiff is called by the aforelaid Writs
knight and baronet, the aforelaid defendant prays judgment of ch#
writs aforelaid, Eowaks SANDt&a«
Pfea.thatdefen. AND Thomas Mordaunt, in his oroper perfon, comes aai
4ant is an attor- prays judgment of the bill of the laid George Stamford, becaufe
arjroTB. R.and he fays that he the faid Mordaunt, lonz before the exhibiting of
MghtDof to be the bill of the faid G. S. againft the Uid defendant, and at the
to^h^'^ftSr^ time of exhibiting of the fame, was, and ftill is, one of die
Che marOiai. attornies of the court of our did lord the king, before the king
bimfelf, as aforefaid % and that he then was and now is profecut-
ing and defending many pleas and fuits for many true and
faithful fubjeAs of our lord the king, in the faid court of our fahf
lord the king, before the king himfelf as their attorney ; arfd the
faid defendant further fays, that he and all others the auornies of
the Aid cou/t of our faid lord the king, before the king himfelf as
aforelaid, profecuting fuits and pleas for their clients in thcr
court of our laid lord the king^ before the king himfelf, by an
antient and laudable cuftom ufed and approved of according so
the laws and cuftoms of the realm, and the liberties of the Ume
court of our laid lord the king before the king himfelf, bave
been ufed, and ought, in all pexfonal pleas wherein they are im->*
pleaded in the faid court of our faid lord the king,, before the
king himfelf, at the fuit of any fubjeft of our Cud lord the king,
CO be impleaded ouljr by bill ej(hibiced in the laid court of our faid
/ lord
ABATEMENT. 47
lord the king) before the king himfelf, againft fuch attomtes as
are prefent in the fame court, in their own pro(>er perfons, and
HOC as being in the cuftody of the marflial of the marfhalfea of
cur faid loi3 the king, before the king bimfelf : wherefore, inaf-
much as the faid defendant is not impleaded in this afiion ^s one
of the attomies of the faid court of our faid lord the king, before
the king himfelf, he prays judgment of the iame bill, and that the
&me may be quafbedi &c« G. Wood.
AND the laid James Atwood, aeainft whom the faid Wil- Plet, mifiwaMr
liam hath fucd out his original writ by the name of Thomas A. ^'r;^^"'**"'*
comes in his proper perfon, and fays, that he was baptised by the ^""*'**^**~'
name of James, and that he hath been always, from the time of
his baptifin, hitherto called and known by the name of James A«
to wit, at D. aforefaid, in the county aforefaid^ without
this, thut he the iaid now defendant, at the time of fuin^ out the
fiud original writ of the faid William, or at any time before or
after, hitherto hath been or now is called or known by the name
of 7b0miSj as by the faid original writ is above fuppofed ; and
•this he is ready to verify : wherefore he prays Judgment of die
£iid original writ> and that the fame may ])c quafhed, &c.
N. Gross*
AND the faid R. in his proper perfon, comes and defends the pica, that pUin-
wrons and injury, and prays judgment of the faid bill of the faid tiff ia under «•
Elizabeth, becaufe he fays, that the laid Elizabeth before and at «(rf«^#«
the time of exhibiting the bill of the fiiid Elisabeth, was under co«
Terture of one Samuel Meis, her hufband ; which iaid Samuel
Me& is ftill living, to wit, at London aforeiaid, in the parifh and
ward aforeiaid, and this, &c. wherefore, inafmuch as the faid Sa-
ttudMeis is not named in the faid bill, the iaid R. prays judg*
meat of die laid bill, and that the (ame may be quafhed, &c.
A. Chambrb.
By ftatott 4. jlkncf c. i6. the ttuth baUecaoTe ihewa totbt Court to believe
of this plea (being a dilatory one) mvft it true. A.C.
W ftcift4 by al&davxty and ibmc pro«
AND the faid E. in her proper perfon, comes and defends the piea n to an,
wrona and iqjury, and as to all the promifes.and undertakings in except, &c. that
the iaid bill of the iaid F. except the promifes and under^ ^* promift, if
takings in the third count of the faid bill mentioned, as far f^^'^/? "[!»**•
as the fame relates to the fum of iive hundred and eighty- ^^j^Vt^'^^
ieven pounds eleven ihillings, part of (he iaid fum of one thoufand jmuij : traverl
two hundred pounds in the faid third count mentioned, the (aid ^ns that tliey
£» prays judgment of the faid bill of the (aid F* and that the ^^ "^^ ^
* ' ^ ddeodaat sloxe.
it ABATEMENt,
£ime may be qoafhed ; beraufe (he fays that iht fiiid promiies ahi
undertaking^ in the faid bill mentioned, except as aforefaid^ if ah/
fuch were made, and each and every of them was made by tbe
faid E. and one T, K. jointljf, which faid T. IC. is ftill alive» id
wit» at L. aforeiaid, in theparifliand ward aforeCJd; witb9uttli$i
that the faid promifes and undertakings, except as aforelaid, of
any of them, was or were made by the iaid E. alone, as the faid
F. has above in his faid bill alledged ; and this, &c. : wherefore
as the faid T. K. is not named in the bill of the (aid F. die &id
£• as to the (aid promifes and undertakings f except as afbrrfaid).
prays judgment of the faid bill, and that the lame nay be
quaihcd, &c. And as to die refidue imh affumffit.
T. 6uR&0UG!t.
ItcpCcatioothai And the fai^ F. as to the (aid plea of the faid E. as above
ttey were made pleaded as toall the £iid promifeSt A:c. and fiiys, that the (aif) bill
tythedeiiBndaDtt of the faid F. ought not, by reafon of any thing in that plea al«
^^P*'*'*^- ledged, to be qus&ed, as is therein prayed, because he iays, that
the faid promifes and undertakings in the (aid biU ^ except as afore-
laid) were made by the faid £. feparately, and not jointly by th€
fiid £. and the feid F* K. in that plea mentioned [mM9 bf f^rma) \
and this be prays may be enquired of by the country, &c«
lurepfcviii, that AND the (aid defendant, by his attorney, comes and defends
^BmM^nlx^ the force and injury when, &c. and fays that the U\A cattle,
^cH« ptainJ^s S^^ ^^ chattels, at the time of the taking thereof were the
property. proper goods and chattels of him the faid defendant \ without tbisf
Vide Co. Snt. that the faid cattle, &c« at the fame time when, &c. were die
3T. b. I. Co. property of the iaid P. G. as by the faid declaration isabove fup«
JJ^W57*5***« pofed ) and this he is ready to verify ; wherefore he prays judg-
]»ieas fai abate. ^^^^ of the writ aforefaid, and that the iame may be quamedi &c*
surot ought to be tvetred, 4. Com. Si. i. Venc 264. Lutw. 1466. Conclnilon 9i a pits in
Bient, I. Com. 7a, 73,
jfttenuyfaed in AND the faid defendant, in his proper perfon, comes and de«
B.R. pleads that fends the force and injury, and (ays, that he the (aid defendant,
^hanauoniey long before the time of exhibiting of die laid bill of the frid
s. Com 1. ^* ^* ^"^ ^^ ^^^ ^^^^ ^'^^ ^"^ continually afterwards was and
%. Bttlft. 'ao7. yet is one of the attornies of the court of our lord the king, of
Xutw. 195. the bench at Weftminfter, in the county of Middlefex, as by the
i^SaUc 1. frmfs {a) under the feal of the iame court of the bench to this
(«) If privBcfe of an attorney be plead* pleas to tbe jurifilidioQ or to the pcrlba,
ed with a writ, it is condufive ; if with* it i« wrong to Uy wheo, &€ for by thofr
out, it is a good plea, but then a ccrtio- words the jurifdi^ion and ability of the
rari fliaU go to certify Nvhether he be an perfon It admitied. Inft. Ckr. vol. 3.
attorney or not J SaUc 545. Com. 34. In p. 10.
plea
ABATEMENT. 49
plea annexed^ mare fully appears, attending in his faid office in
the fame court there ; and that he, for all the time aforefaid, hath
profecuted and defended, and ftill profecutes and defends divers
pleas and caufes of divers and many fubjeds of our faid lord the
prcfent king, in the fatne court of the bench aforefaid, as their
attorney there $ and the iaid defendant fays, that he and all other
sttomies of the fame bench, profecutine and defending for their
clients in the fatne court* by laudable andantient cuftom, and ac-
cording to the law of this kingdom of England, and the liberties
and privileges of the fame court of the bench aforefaid, ufed and
approved from time whereof the memory of man is not to the Pnftkf^ of at.
contrary, ought not not at any times paft nave been accuflomed, torneypttfcrfed
according to the liberties and privileges of the (aid court of the JJi^t- ^ "*"*
bench alorelaid, for the whole time aforefaid ufed and approved, utt. Rep. 304.
to be drawn or compelled againft their will to anfwer before slny Haniw. 505 tft
juftice or minifter of our faid lord the king, or other Juftices si^*
wfaatcvelf in any court (except before the jufticcs of our ford the f^^^Jr^'tM.
king of the bench aforefaid, at Weftminfter aforefaid) in or * '
upon any plea3 or plaints (pleas of frank tenement, felcnies and
appeals only excepted); and this be is ready to verify : where- ,^ q^^ ^
fore he prays judgment, if he ought to be compelled to anfwer 3.' Mod. 146.
tothefiudpieahere in court| &C4 F« Kortok.
AND die faid defendant, in his proper perfon, comes aHd de- Ilea, that tlw
fends the force and injury, and fays, that the faid county of Chef- «*"f« «' f^»^
ter is, and from time whereof the memory of man is not to the J^^^S* a^Sil^
Contrary, hath been a county palatine, and there now are and for all
the time aforefaid have been jufiices there, and that all and Angu-
lar pleas for the recovery of manors, mciTuages and tenements it u wrong to
lyin^ and being within the fame county, have been for all the add when, Uc^
time aforefaid, and ftill are pleaded and pleadable within the faid 1"^* ^t i^o*
county of Chefter before the jufticcs there for the time being, and ^ ***• ^*
not herein the court of our lord the king, before the king himfelf ; ^*^ j^^ ^J^
and this he is ready to verify: wherefore, fince the plea aforefaid Robififon£nt.i«
is brought for the recovery of the pofi'trflion of the manors, mef- firown, 473.
fuages, lands and tenements aforefaid within the faid c$unty pala^
thuj the faid defendant prays j udgment, if the court of our lord the
king here will or ought to have further plea or cognizance of the
plea aforeCud* £• Bootle.
AND the faid defendants, in their proper perfons, come and pieaiBtrdpalf,
defend the force and injury, when, &c. and fay, that the county to the jurifdic-
of Carmarthen is bnc of the twelve counties within the principa* *«» ^ *• ^*
litj and dominion of Wales, within which faid county there now ^^V*** ^^^
iSi and at the time of exhibiting the faid bill of the laid plaintiff, ^^ grgatjeoLt
and long before that time, was a certain court of our lord the m fV^in.
king's of great feffion holden before certain juftices of the fame ft. Mod. fi>. xo,
II, II, 13.
Sec the above pkas, and qu. Should not the wordi vfbm^ ffc- bcoiaittcd f
Vol. I. £ court
50 AfeAtEMENT.
toart thefe for that county, and that all and (ingular pleas and a^tonSy
and cognizance of pleas and adions, as well real as perfonal) arifing
•within the faid county of Carmarthen, are. and at the time of ex-
hibiting the faid bill of the faid plaintifF, were, and of right ought
to be pleaded and pleadable, and trie-d, determihed^ and decided
in the faid court of our faid lord the king, of great feffion holden
within the faid county of Carmarthen, before the faid juftices of
the faid lord the king, of great fcffic n there for the time being,
and not here in the cou^t of our lord the king, before the king
himfelf; and that the faid defendants and the faid plaintiff,* at
the faid time when the trefpafs aforefaid is fuppofed to be com-
mitted, were, and each and every of them was, and continued
from thenceforth and hitherto have, and each and every of
them hath been refxdent and commorant in the faid county of
Carmarthen, and that the caufe of action in the f4fd declaratidn
mentioned, if any, accrued to the faid P. G. in the faid county of
Carmarthen, within the principality or cominion of Wales, to
wit, at the parifli of aferefaid, in the iaid county of
Carmarthen, and not at Rofs, in the c6unty of Hereford, in the
laid deed mentioned, or elfewhere out of the faid county of Carcnar-
then, in the principality or dominion of Wales i and this thej ajhe
ready to verify : wherefore they pray judgment^ if the laid court
of our faid lord the king here will or ought to have further cogni-
sance of the plea. C. Pratt.
]>ka, that the AND the faid Richard, in his proper perlbn, comes and pra^s
SJi'^wM**"^-'^ aforelaid bill, becaufe he fays, that the faid
l^^^whcnthe J^"^^^ Burley, at whofe fuit the fame bill is above fuppofed to be
bill was exhi exhibited againft him the faid Richard at the time of exhibiting
bitcd. that bill, and long before, was dead, and that there is not^ nor
at the time of the e^ibiting of the aforefaid bill againft htm tll<$
faid Richard, was there any luch perfon in being as the faid J. K,
as in and by the aforefaid bill is above fuppofed } and this the
faid Richard is ready to verify : and therefore he prays judgment
of the faid bill, and that the fame may be qua(hed, ^c.
R. D^APEiu
Ptea of AND George Holder, againft whom the aforefaid bill is ex-
k'i!!d^I'lM- *^*^"^^ ^y ^^^ "*"*^ ^^ Richard Holder, by nis attorney, comes
«i\i«iMme.^ *'^^ defends th« wrong and injury, when, &c. and laith that he
now iS) and from the time of his baptifiii, hitherto has been call-
Bay^i *' *' ed and known by tne natne of George Holder ; without this, that
Show. 394. he the, faid George Holder was tver called or known by the
Comb. 1988. name of Richard Holder, as by the bill aforefaid is above
Wiif. 413. fuppofed ; and this he is rcaiiy to verify ; wherefore he pfajr^
6^M<^ 1 judgment of the faid biii^ and tnat the f;^id bill may be qualhed.
AND
ABATEMENT. SI
■ ■ »
AND the aforefaid T'. fays, that the aforefaidcottag^ in which &c. Plea of antjent
feuate and being in the faid waflc called Conygar Hill, in the faid <>emefnc, and
declaration above mentioned, is held of R. C. efq. as of'his manor ^^*^ i^^dahi*"^*
ofW. in Herefordfliire J which faid manor of W. is, and from the^«^ §f th$
time whereof, &c. was of antient dimtfne of the crown of our lord Mnor» Ac;
the king, and that the aforeia;id cottage is, anet for all the time i* Com. ^«
afbre&id was pleaded and pleadable in the, court of the .fame manor
by patent writ of our lord the king, of right clofe only, and not
elfewhere or otherwife ; and this he is ready to verify, as the Court
here ihall troniider of, &c. : wherefore he prays judgment, if the
-court of our lord the king now here will further confider
thereof, &c. R. D&APEjei;
AND tat (aid defendant, by his attorney, Comes and defends the t^icM, ^a( the
Ibrce and injury, and pr^ys judgment of the declaration aforeiaid, lands are held of
becaufe belays, thatallthe tenements andpremifes in the declaration «*^«^^««5f«-
lfore£ud fpecified, in which the trefpafs and ejedment are above
fuppofed to be done, are held of the manor of K. in L. in the county
Of Lincoln ; and the faid manor, &c« are, and from the tim^
whereof, &c. have been of antient dinufac of the crown of the
king of England^ and now of Great Britain ; and that all actions
ibr any trefpais and eje£lment done in or concerning the faid te-
tements an^ premifes in the court of the faid manor, &c. and
not eifewhere^ for all the time aforefaid have been ufed and ac«
cuftomed, and ought to be tried and determined ; and this he \%
ready to verify as the Court (hall think proper: wherefore he does
ooc iniend that the Court will take cognisance of the (aid
plea, hxu
AND the (aid A. in his proper perfon, conies and fays, that ««, that the
this court ought not to have further cognizance of the plea aai n arofe out
albrefaid, becaufe he fays, the caufe of action aforefaid (if any of the junfU^mi
accrued to tne faid B.) accrued to the faid Bi out of the jurijdi£fhn ^f ^^^^
ef this courty to tv/V, at T. in the county of N. and not at Ely
in the (aid declaration nao^ed, or eife where, within thejurifdiAion
of the court ; and this the faid A. is ready to verify : wherefore
he prays judgment, if this Court can or will have further cogni-
sance of this plea, &c.
AND the faid .defendants^ by their attornies, come and de- Plea, that plain-
fend the force and injury, when, &c. and fay, that the faid plaintiff tiff » >n atim
is an alien, born in the Kingdom of Spain, under the allegiance •"•""X-
of the king of Spain, an adverfary oi o\jr lord the now kin^, CAth. as9,»|a
of mother and father enemies of ourfaid lord the now king, andaa'> ^>tt. 19S.
hcring to his adverfary 5 and that the (aid S. entered into this king- ^°0:* ^* ^*^'
<om of Great Briain without the fafc-conduS of th» faid lord the ^^^^^ En" V
K a now a.W.PAyaft4^
ABATEMENT.
now king $ and they are ready to verify where, wfaen^ and as dM
court here ihall award : wherefore they pray judgment, if tbe
plaintiff ought to be anfwered to his fatd bilL
lieptioicioApr*- And the (aid plaintiff fays, that he^ notwithftanding any thing
uftUigthatheu \^y th^m the laid defendants in pleading alledged ought to be an*
bruh^*^nS f^''^ ^^ *« f**^ •**''» protefting that he was not an aKen born
the ikttKt tod ^^ ^ kingdom of Spain, under the Itgeante of the king •£
fr^HSkon ol tht Spain, protefting that he was born at Muhlhaven in Germany, un-
Ipni^ der the dominion of the Emperor of Germany } for plea the laid
S. faith that he, long before the faid time when, &c. to wit, on
theiirft day of May, A. D. 1743* and continually from thence-
forth to and at the faid time, when, &c. was under the liancr
and frouRion of the lord the now king of Great Britain, in that
;p part of Great Britain called England, to wit, at Maidftone afore*
(aid, in the county aforefaid, and continually from thenceforth
hath remained and now doth remain under the licence and pro-
teAion of the laid lord the now king of Great Britain, &c. to
wit, at Maidftone. aforefaid, in the county aforefaid; and this he
is ready to verify : wherefore he prays judgment, and that he may
be anfwered to)iis laid bill*
^TJ^^ AND the faid H. comes and defends the force and injury, and
CoouiKm P^^y^ judgment of the laid declaratiofi, becaufe he fays that £iid
Ple«i amket
Pleas. ^" "" G» in the Term of St. Hilary, in the eleventh year of the faid
ft. Salk. 7if. lord the king, of the bench here, to wit, at Weftmtnfter afore-
rna.Rcg.7.$. f^\^^ impleaded the faid H. by the name of, &c. in a pica of tref-
fo Jf*^* ^°^ P*'* ®n ^^^ cafe, declaring againft the faid H. in the fame court
Combe v, Pitt, ^^ the faid plea; that whereas, &c. (infert the declaration) ; which
). Bunr. 14. 23. laid plea ftill depends in the ^iJ court of the faid lord the king of
the bench) not determined or difcontinued, as by the record and
proceedings thereof remaining in tije faid court of the faid lord the
king of the bench hereto wit, at Weftminlter aforefaid, manifeftly
appears. And the faid H. further fays, that the faid cauib of action
above mentioned and fpecified in the faid herein-recited declara-
tion of the faid G. and the faid caufe of aflion above mentioned
^alk. ftio. ^"^ fpecified in the declaration of the faid G. to which he now
Ld. Ray. 1x05. here pleads, are one and the fame* caufe of a£lion, and not diversi
and this he is ready to verify : wherefore he prays judgment of the
fi**K*iL^* ^^^ ^"^'^ declaration of the faid G. to which he now here pleads, and
""' ^^ that the lame may be qualhed.
i
*h*^* '"^^^^"ff AND the defendant, by his attorney, comes and defends th*f
were;«w1rw«f! ^^^^^ *"^ »"j"ry, &c. and prays judgment of the faid bill, becaufe
withochefswho '^^%^> ^^^^ ^^^ '^'^P'^'"^'^) neither at the time when, &c. nor
•re not named in Uie declaration. In trcfpafs, fturc cfattfumf regit, it it a plea in abatement to fay plain-
tiff IK tcnxnt in common with another, and cannot be given in evidence on the general inue, as
it may Where one tenant in common brings trcfpafs againft the other, i. Vent. 214. i. SaDt. 32.
ABATEMENT, 53
ever fince, haAf nor hath any thing in the faid clofe in which,
&c. nor in the £ud trees and underwood in the faid bill men*
tiooed to have been there growing, nor in any of them, nor in
aay part thereof, nor in the faid goods and chattels in the bill
fflendoned, nor in any of them, nor in any part thereof, but in
common jointly and undivided with T, M. e(q. and ILF. gent, who
are both ftill alive, to wic, at the parilh of D. afore(aid ; and this
the £ud defendant is ready to verify : wherefore, inafmuch as the
UA T. M. and R. F. are not named in the faid bill, he prays
judgment of the (kid bill, and that the Iknie may be quaihed.
AND the (aid A. in his proper perfon, comes and fays, that Plet by aa su
he ought not to be compelled to an(wer the (aid original writ, be- oomejoT c B.
caufe he fays, that he is, and on the day of fuing of the faid ori- ^ .'^ ** '^
giful writ, and long before, was one <rf the attornies of the court ^mu^JZkdmt
of the lord the king of the bench here, and that in the (ame b^ bUL
court here there is^ and from time whereof, &c« there hath been He cuuHit plead
acttftom u(ed and approved of in the fame court, that no attorney ^^V^™ ^^^
rf the fiud court hath, againft his will, been compelled to an«. ^ ?*^**^'"jr
f«er any peribn in any perfonal adion profecuted in the fame ^ pteadecT he
court here by original writ fued out (which have not concerned was an attoniey
the king), unlefs he hath firft been forejudged from his office of at the time of
an attorney of this court, upon a bill exhibited here to the juf* ^"">S out the
ticcsof our (kid lord the king of the bench againft fuch attorney ^'^jj^^
and affiled in the fame court ^ and the faid A. in hSt fays that he muinc.
hath not been forejudged from the office of an attorney of this Videi4iiy*t£ii|^
court, and that he is impleaded by the faid original writ againtt ^l^n- ^fp^ s^u
bis will, and againft the cuftom aforediid; and this, &c. : where- ^^^^^ of be.
upon, as the £ud A. is an attorney of the faid court, and on the IIl?!;,!?!?^!!^!^
day of fumg out the laid original writ, and Jong before, was an at- ibnrjuds«d, t»
torney of the faid court, he prays his privilege aforefaid to be al- be annexed,
lowed and adjudged to him, and that he may not anfwer the original
writ for the caufe aforefaid. W« Chappls,
AND the (aid T. W, in his proper perfon, comes and de« Plea,tliatdefeif
fends the wrong and ii^ury, and prayeth judgment of the faid writ d«ntwas<«MM-
of ihc (aid T. bccaufc he fays, that he the faid T, W. at the ^78^***!^?
time of fuine forth the faid original writ of the faid T. and long ^verifaJ^^Ua
before, was inhabiting, refident, and commorant in the pari(h of coamonoi^ IS
St. James, in the liberty of Weftminfter, in the county of Mid- !••
ikkx i without this, that the (aid T. W. was ever inhabiting,
relident, or commorant at London afore(aid, from the time of his
nativity, as the (aid T« by his (aid writ hath ^bove fuppofed ;
£ 3 mL
5^ ABATEMENT.
and this he is ready to verify : wherefore he prsys judgment of tht
faid writ, and that the ^me may be quaflied.
Repiicttion And the faid T. faith, by any thing by the faid T. W. above
thereto, in pleading altedged, the faid vrit ought not to be quafhed, bo-
caufc he fays, jthat fome,(hort time before the ifluing of the (aid
writ, the faid T. W. was commorant in L. afbreiaid, to mt^
upon the twelfth cf November ^738, at the parifli and ward
aibrefaid ; and this he prays may be enquired of by the country;
Dittdattu tore- and thereupon th^ faid T. W. prays leave thereupon to rejoin in
join. fifteen days from Eaftcr Day, and he hath it| &c. The feme day
is given to the aforefaid T. here, &c,
}^s,rtiatdcfep- AND the faid James, in his own proper perfon, comes and
ditix is named defends the uTont^ and injury, &c. and faith, that he the feid T,
^thouthisn^. at the time of fuing forth the original writ of the feid W. in thi^
behalf, and tong before, was and ftill is ?l carver^ and of the trade,
art, and myftery of a carver, and during all the faid time hath
ufcd and exercifed the fe»d trade, art, and myftery of a car*
ycr, to wit, at Wcftminfter aforefaid ; and the faid James is noCf
nor ever was, of any other eitate, degree, or myftery : wherc--
fore, inafmqch as he tlie faid James is not named in the iaid wri|
oy the faid addition of a carver^ he the faid James prays judgment
of the fame writ, and that the fame may be quafbed.
^VilcepU^. AND the faid W. C. innholdcr, againft whom the f^iid Jamei
t. Salk! 7. 50. tvath brought his original writ by the name of W. Q late of
55- Wales in the county aforcfeid, comes in his proper perfon, and
I Vent I fi. ^^f^"^s the f)rcc and injury, and prays judgment of the faic)
^aft. 10$, aiS^. writ, becaufe he Lys, that he the faid W. C. on the day
• of fuing forth the faid original writ of the faid James, and
long before was, and yet is, an innhpider; and this he \y
ready to verify: wherefore^ for that the faid W. is no(
named by the faid original writ of the faid Jane by the
name of William Coward innholdtr^ as he ought to be, ac-
cording to the form of the ftatute of Additions in the name
T.H. 5. of the defendant lately made and prov^ed, the faid Wil-
|iam prays judgment of the fame writ, and that the fame writ
may he qualhed, ^c, E; Boot lb,
t^l]£M\onK\iti^' And the faid Jane faith, that, by any thing by the faid
to, that plaintiff W/ C. above in pleading ailedged, her faid writ ought not
fccd out iTi to be' qualhcd, becaufe ihc faith, that the faid Jane, bv
t^T>^t.''^\^^^'^ f Jane Noble heretofore, to wit, 'upon th?
proper addition. ^»g"tc^n^^ 0^7 ^^ Apnl, ni the 12th year, &c. fucd fbriq
out of the lord the king's high court of chancery (the faid
[
ABATE-MENT. S$.
4
high court of chancery then being at Weftminfter, in the
county of Mi^ldlei^x) her . faid original writ ai^ainft the (aid
W. C. by the name of W. C. late of Wales, in the fai4
county of S. innholder, in the fa:d plea of trefpafs on the
cafe directed to the then iheriif of S. which faid writ foU
lovs in tbefe words, to wit, Geo. 2. &c. (fet out the writ) s^
and the fherifF of S. to wit» J. S. efq. at the return of the
faid writ, returned to the faid court here, that the faid Jane bad
found pledges to profecute, to wit, J. Doe and R« Roe, and the
faid W. C. bad nothing in his bailiwick whereby he could be at*
cached, neither was he found in the fame, as by the faid writ and
return now remaining, affiled of record in the court of our faid
]prd the king here before his judices, to wit, at Weftminfter
aforefaidi more fully appears j and this ibe is ready to verify :
wherefore, inafmuch as the faid W. C. is named in tiiis writ inn-
bolder, according to the form of the flatute of Additions, the faid
Jane prays judgment, &c. that her faid writ may be adjudged
good, ana chat the laid W« C* may farther anfwer, &c.
. R.Drapbr«
AND the (aid W.K, in his proper per(bn,comes and defends the pj^^ t» tht k*
wrong and injury, and fays that the faid R. in Michaelmas Term, tionofthc writ.
in the twenty-firft year of the reign of our lord the prefent king, thatthtpjairtiff
fcr the recovery of bis daimages, by reafon of not performing the f»«^outthcori-
6idpromifes in the faid declaration mentioned, did profecute out S??^^*! f -^
of the faid court of our faid lord the prefent king, before the king vUcgc heftrttbt
bimfHf, the f^nie court then and there being at Weftminfter, in cmmfi ^ aSim
the faid county of Middlefex, in a certain original writ of our faid Mfrvtd.
lord the king, of attachment of privilege againft the faid W. K*
diredcd to the fheriff of Middlefex, where-^y the faid (herifF was
commanded that he (hould attach the faid W. R. if he fhould be
feund in his bailiwick, &c. (fet out the writ) which faid writ
the faid R* afterwards, and before the return thereof, that
JSto£iy, on the loth day of January 1747, at Weftminfter
aforefaid, delivered to C.G. efq. and E. D. efq. then being
(beriffof Middlefex, to be executed in due form of law ; at •
^hicb day of the return of the faid original writ, that is to
lay, on Saturday next after eight days from the day of St,
Hilary, come the faid R. and the laid W. IC. alfo appeared
k the (aid court here to anfvver ;he faid R. according to
the exigency of the faid original writ ; ajid the £iid ihe^
riff, to wit, C* G. and K. D. efquires, returned by virtue of
the £iid writ to them direfted, that they had taken tl^e faid W. K«
whofe body they had ready> as by the faid writ and return therc^
of in the court of our f^d lord the king, before the king himfelf^
here to wit, at Wcitminiicr aforefaid, refnainmg on record, more
^ly appears : and the faid W. K. further faith, that the faid ori«
|iiial writ of privilege of attachment^ profecuted M aforefaid
E 4 bjf
|6 ABATEMENT.
by the faid R. was profecuted by the faid R* with intent tm
implead the (aid W. K. for the caufe of adion in the fiii4
fkclaration above fpecified, to caufe him to appear in the
^d court here, and' to declare agginft him for the caufe of
action in the (aid declaration above mentioned, according to
the courfc and cuftbm of the faid court; and the faid R.
According to fuch his intent afterwards, to wit, in the fagie
iilarylerm^ did decUre, by bill againft him the faid W. K.
in manner and form aforefaid: and the Uiid W. K. further fays,
that the faid caufe of a<Slion in the faid declaration mentioned,
did not accrue to the faid R. at any time befere the fuing out the
faid origin^ writ of privilege of attachment; and this, &c.
wherefore he prays judgment of the faid writ and declaration
t)iereupon, and that the lame may be quafhed. ]ohh Fo&d.
f !«•» ^% «'•«*- AND the faid C. N. and W. J. in their proper perfons, com^
^'''^^ ^**and defend the wrong and injury, and pray judgment of the fai^
Sefeodant «n4 ^''' ^f ^^^ &^^ ^" ^' becaufe they fay, that the (aid j. W. on
another perfon, the tenth day of February 1747, ^t H. afore(aid, died inteftate,
who ouglit to aft^r whofe death, adn^inijlration of all and Angular the goods,
h^tbeoa made chattels, and credits, which were of J. W. ^t the tin^e of his
^^^^'^ death, by G. P. doftor of laws, in and t|)roughoMt th^ whole
archdeaconry of S^ Alban's, in (he diocefe of London, official
lawfully appointed) to whom the committing of the whole admi*
niftration of right did belong, on the fourth of March 1747, atf
there adminifter divers goods ^txA chattels, which were of th(;
faid J. W. at the time of^his deceafe, which fatd £• is ftill living|
to wit, at H. aforefaid ; and this, &c. wherefore, inafmuch as the
(aid £. is not made a po-defendant with the faid C and W* ii)
the (aid bill, the ffiid C. and ^V. pray judgment of the faid bill|
^d t)iat the faxne may bcquatbedt
Plea hj itiMrf. AND the faid E. by her attorney, comes and dpffcnd? the wroi^^
/rffiiTy tmf^ u and injury, and prays judgment of the (aid bill of the faldt T. be«
ftftaitri3c^ fhif caufe Ihe fays^ that the faid J. on the firft of November 1738,
foL^^^iiu! ^^ S. afprefaid. djed innate, after wliofe death, ^dminijiraiion of
^r^tri^.and'not ^^ ^"^ fi^gH'^r the goods, ch;i'ttcls, and credits, which were of
»• excctttri^. the faid James ^t the tjme of his death, by N. N. ipafter of arts,
Salk. X97, 298. and s^rchdeacop of the archdeaconry of Totne($ lawfully confti-
|.*4od. 145- tuted, to whom thp commjttingof the faid adminjftratidn tKcn of
j. Vent. 17?. yjgjj^ ^jij belong* upon the twenty-fourth oJF l^ovem|>er 1738,
at, &c. in due Form of law was committed to the faid fc. ii|(
which cafe the faid T. ought to have named the faid £• admi*
piftratrix of all and Angular the goods and chattels which were of
^e faid J, at the t|me of |)is (icccafe^ ^ho died inteftate, and not
ABATEMENT. SI
ittieuinxcl thelaft will and teftament of the Taid J*( and tbts
(he is ready to Ytnfj: wherefore flse prays judgment of the laid
(lili, and that the nme may be qualhed ; with this, that the faid
£. wiH verify duit (he did not adminifter any goods and chattels of
the fidd J. before the adminiftration commited to her as afore*
AND the faid E. bv bis attorney) comes and defends the force pfea, tUt «!ht
and injury, and prays judgment of the (aid writ, becaufe h6 fays, j^n^fft*^*
that the (aid J. K. on the (irft of September 1726, at the pari(h-2~^^'J2^
afbreiaid, died inteftate, after whofe death, aJminiflratM of all ^H^^f,^^ **
and fingular the ^oods and chattels which were belonging to the
(aidf. %. at the time of his death, fince the deceafe of the (aid
J. It. that is to hjy on the (irft of December, in the year aferefiiidt
was in due form of law committed to the (kid C, to wit, at the
E'lh aforeiaid ; without this, that the (aid C. is executrix of the
will and teftament of the (aid J. K. as the faid C. by his faid
writ and declaration hath above fuppofed ; and this, &c« where*
fore, (ince that the faid C. is not by his (aid writ named admi-
liiftratrix of die goods and chattels which were of the (aid J. K.
ikt (aid E. prajrs judgment of the (aid writ| and that the (ame may
be qua(hed.
•
AND S. L« agaii)ft whom the (aid J. hath brought this afiion Pkatthatthede*
by the name of S. M* comes and defends the wrong and injury, fcndan^Uaiider
and prays judgment of the (aid writ, becaufe (he (ays, that (he "•^^^"^
the uid S. be^re and at the time of fuing out the original writ yide Cafcs
of die faid J. was under coverture of one J. L. her hufband. Temp. G«L ).
whidi GMd J. I^. is ftill living, to wit, at Weftminftcr aforcfaid ; *>• S03- ^hat *
and this (be is ready to veri^ : wherefore, inafmuch as the faid P"*P*' w^^^
J. L. is not named in the (aid writ, (he prays judgment of the (aid \ndc ptetofS!
writ, and du|t ^ ^e may be qu4(he4« vercure in pUin.
(iffy in Burr.
3. V. p. 14. 114^
ANP tfae^ ^id W, by })is attorney, comes and defends the piea,chat«Mckr
wrong and injury, &c. and prays oyer of the faid writing obli* /«^/^ fiv'^ fh
gatDry, an4 it is reac) to him in thefe words : <* Know all ^^ ^'^ ^
•* men," &c. (fet out the bond, but not the condition) which ^^'**?\ ..
iMiiiff read and heard, the faid William fays, that the faid G- in ^^ *"*^ *^'
fbt bid writing Q8|me4, duly fes^ed and ^Ji^cuted the faid writings
and thereby became jointly bound wid^ the faid W. to the faid
)» tQWY^ on the fiune day and ye^ s|fere(aid, at L. aforcfaid,
^ that die &id Q. is fti)l alive, to wit, at L. afore(aid; and
this he is ready to veri(y : wherefore* inafmuch as the faid G. is
npt nuned in the (aid writ, the (aid W* prays judgment of the laid
irrft|Vd that the (am^ may be (^ualbedf
AND
jil ABATEMENT.
Plea» that the AND the faid R. by his attorney, comes wd dtknds the wrm
plaintiff h an and iojury, aud prays judgment of the aKove declaration, becaMle
infant, and hath ^^ ^ ^j^^j. ^j^^ aforcfeid D. is now wiihim the agi ^ Pwenty-wi
tomev. jTft^rj, to xiit^ of the are of ntneUen $ear$ ana tw mare^ and ml
the aforeiaid D. by W* D* his attorneyy in the court here in the
plea aforefaid bath declared, whereas by the law of the land th^
faid D. by his next friend in the &id court to be admitted, ought
to have declared ; and this he is ready to verify: wherefore, iimf*
much as the (aid D. being within age, by W. D. his attorney, in
that plea in the &id court here hath declared, the faid R« pr^yi
judgment of the faid declaration, and if he lo the fame ought (0
be compelled to anfwen
Siul'ir!*.' ^^^ *^ ^^'^ J- ^y ^: ^- ^^^ g«a^<l'»n» who is now admit.
jamtn ' ' ted by the court of our (aid lord the king here to defend for bim
the f^id J. %vbo is under the age of twenty-one years^ coipe$ anj
defends the wrong and injury, when, &c« and faith, that be is un-
der the age of twenty- one years, that is to fey, of the age of
fifteen years, and no more ; and this, &c. wherefore he doth not
intend that during his minority he ought to anfwcr the faid plain-
tiff of the faid debt as aforefaid, and prayeth therefore that the&i4
pica may remain till the full age of him the (aid J.
V
Pia, that othcn AND the faid T, and J. in their proper perfons, come and
*^^ "*'*'"" defend the wrong and injury, and pray judgment of the writ
made dcfen- aforefaid, bccaufc they lay, that the aforefaid J. F. in his life-
4Un^s. time, at N. aforefaid made his lad will and teilument in writ*
ing, and thereby made, conflituted, and appointed the faid T.
and J, together with A. F- his wife, and one h. F. hrs fifteri
executors of his faid laft will and teftament, and afterwards there
died; after whofe death, the fi^id A. F, and E. F- adminifitrei
divers goods and chattels which were of the_ faid F. at the
time oi his death, as executors of the laft will and teftament of
the faid F. that is to fay, at N. aforefaid, which faid A. F. and '
£• are ftill living, that is to fay, at N* aforefaid ; and thi«, ^c.
wherefore, fince the faid A. F . and E. are not named de-
' fendants in the writ aforefaid, the /aid T, and J. pray judgment of
the (aid writ, and that the Ij^me may be quaft^ed.
flea, that the AND the iaid E, by her attorney, comes and defends the
l»)ainuiri6a/0. wrong and injury, and fays^ that the faid plaintiff, at the time'
/^ rtcitjaai ««- q{ exhibiting the faid bill of the faid J. and long before, was
'^*^' and ever fince hath been a popijh recufant^ and the faid J. now
is, and before the day of exhibiting the faid bill was duly con-
vifled of popifh recufancy, to wit, at the general quarter fef-
fions of the peace of our lord the now king, holden at Leeds,
iq th^ Weft Riding of the county of Yorl^^ in a(\d for the faid
Weft
ABATEMENT. Jg|
VftR Rising) by a^ottrnment oi» the twentieth day of Odober»
in tiie nineceeinh year^ &c. before G. B. and H. J. efquires, and
odiers their feUow6« then juflices of our (aid lord the king, af<»
fglDed to keep the peace of our faid lord the king within the Weft
Kidiag afore&id^ and alfo to hear and determine divers felonies,
^efpafles, ai)d ctber oiifdemeanors within the faid Weft Ridings
of the county aforefaid; which faid convidion was eftreated and
certified firom the faid coMrc of the. fipffions aforefaid into the court
of our lord the now king, before the king himfelf, according to the
form of the ftatute in that cafe lately made and provided, and the
bms there ftill remains in its full force, flrength, and eSeSty not
reverfed or annulled ; and this flie is ready to verify by the (kid
record : wherefore ibe prays judginent of the (aid bill) and that th^
(memay be ^uafli^d, &c.
AND the &id defendant, by A.B. his attorneyicomes and defends if^ «» » v^f^*
the wrong and i]:i)ury> and prays judgment of the faid bill, be- ***" *^^'.*^
caufc be fays, that in the faid Term of St. Michael, before our Ij^/ f^Xi
lord the king at Weftminfter, came one George Lake, by C. D.- another pcrifa«
bis attorney, and exhibited in the court of our faid lord the king, for the fame of*
before the king himfelf here, to wit, at Weftminfter aforefaid, his ^«n<*-
certain bill againft the faid defendant in the cuftody of the mar- see the fubfa.
ihalofthe marthatfeaol our fovereign lord the king, before the quent proceed*
king himfelf, of a plea of debt, and found pledges of profecuttng, ings, and there-
in wit, John Poc and Richard Roe ; and by the faid bUl the faid ^^^^^^""f"'
George complained a^atnft the Caid defendant, being in the cuftody, ^' ""* '*
Vid of a plea, &c. amd for that, &c. (fet out the declaration) as
by the record and proceedings thereof remaining in the (ame court
pf our lord the king, before the king himfelf here, to wit, a(
Weftminfter aforefaid, fully appears, which (aid fuit ftill remains
depending and undetermined, and in the faid court of our faid
lord the king here, to wit, ac W eftminfter aforefaid $ and the faid
^fendant avers that the faid Benjamin Pitt, named in the faid
bill of the faid George L. and the (liid B. P. the now de-
fendant named in the (aid bill of the faid R. C. are one and the
Cuneperibn, and not other or different; and the faid fuppofdd of-
f«M>ce in tbe faid iirft count of the (aid bill of the laid G. L. men-
tioned, and the faid fuppofed offence in the fiid iirft count of the
fudbillof the faid R. C. mentioned, are in fa£k one and the very
^me identical offence, and not other or difterent ; and this, &c.
wherefore he prays judgment of the faid bill of the faid R. C. and
^ thp {sLOkc may be quaihec}.
J. Nash,
AND the (aid Henry Noah, in his proper perfon, comes and Piea» that the
defends the wrong and injury, when, &c. and prays judgment dfP^omife^ were
the original writ of the faid John, becaufe he fays, that at the Sl^tw/^^Jh
time pf making of the (aid fevcral promif?? in the faid declaration another"'' wiii^
men- whom he was
paitner.
ABATEMENT.
mentioned, he the fatd H. N. was partner, and carried on trade
and partnerfliip with one W. H. which faid W. H. at the time of
fuingout, &c, was and ftill is living, to wit, at, 6cc. and the find
H. N. in fed, further fays, that Se faid feveral promises and
yndertakings in the faid declaration mentioned, were and each of
them was made by him the faid W. H. jointly with him the fiud
H« N. and not by him the faid H. W. alone, as the laid J« hath
in and by his faid original writfuppofed^ and this, ioc. wherefore,
* &c.
Ktp|iotti0n,t!ut And die faid T. lays {cajfkri non) becaufe he iays, that the faid
i/^'^*^'>L.T!i ^* ^* ^^ ^' ^* ^^ ^^ *"^ ^ '*"*^ perfon, and not other or
Mta^iutcone ^'^^^^^ perfons ; and that the promifes and undertakings in the
mS^jmt^' faid declaration mentioned were not made bv any other perfon of
jb. the faid name of W. H. jointly with the (aid H. N. but by him-
TrkdttGuUd- fclf the laid H. N, othcrwife W. H. /iWy, as the fiiid T.
Ml after HUary )iaih above diereof complained againft nim ; and this the (aid
iJIT^ Manfl T. prays may be enquired of by the country, i^c.
«dd. Vcidia
for plaintiff.
In the king's coort of record of bis
Honour of Peverell,and additional
limits of the (ame.
*!.« ♦^ •!.. X, Mess OAND the faid Samuel, in his own proper perfon,
F|ea to the Ju- • /i C j i i ^t_ •? • i_ •
riouaion of aa ogoinft > comes and pleads, that this court ought not^to
Hv-'iar court. Freeth* ^ take further cognizance of the a£^ion aforeikid,
ifo. Lict 117, becaufe he fa^s, that the caufe of a^on aforeikid (if any ac-
crued to the (aid Daniel) accrued to the (aid Daniel out of the
jurifdidion of this court, that is to fay, at the town and county
of the town of Nottingham, and not at Barfbrd, in the county of
Nottingham, or elfewhere within the jurifdidion of this court;
and this the (aid Samuel is ready to verify : wherefore he pnyi
judgment whether this Court wiu take any further cognizance of
the adion aforctaid«
ItepiicatHNi And the faid Daniel fays, that notwithllandin^ any diing by
thereto, thacthe the (aid Samuel above in pleading alledged, this Court ought not
caufe of adion ^^ ]^ precluded from taking cognizance of the aAion aforefiud,
r^'^.t^r^^^" becaufe he fays that the caufe of adion aforeCiid did accrue tp
the faid Daniel within the jurifdidion of this Court* that is to fry,
at Barford aiporefaid, in the fatd county of Nottingham ; and this
the (aid Danid prays may be enquired of by the country, &c.
The do^ne in Co. Litt. lay. that a Miller, reported in Carthcw xao, and
plea to the jurifdi^on maybe demnrred to, SaUc. sty. Though the caufe of aAioo did
becaufe the party does not make bimfelf not arife at Barford, yet if it accrued aay
party h^ defending the wrong and injury, where within the juritdiOion of ^ ooart,
«c. ^ovtr*rulpd bvthc cafe of Ferrers ^nd ^t is fuflioi^nt. G. S. HovaoTf,
the jurifdiaioQ.
AND
ABATEMENT. ii
AND the (aid WiQianH who is filed by the name of Matthew^ Pica in
lb his prcyer perlbn comes and pleads, thai he was baptized by the J^^J^^^^,
Dame of William, to wit, at London afbrefaid, in the pariih ftnd
ant was
ward afore(aid, and by the name of William hath alwavs hitherto by the name g|
fince his baptilm been called and known ; without this, ^t the faid wiuiam,
Willian now is, or at the time of the exhibiting of the bill of the «»« .^.^^**
iaid Pcter^ James, and William, as fuch affignees as afore&id, was J^^^^^T? JJJ
or ever before had been, or .ever fince hath been, called or known ^^^^ ^ n^,
by theChriftian name of MattheWy as by the faid bill of the faid thew.
Peter, James, and William, as fuch affignees as afbrefaid, is above
fuppafed : imd this be the bUA William is ready to verify : where-
fore he prays judgment of the laid bill^ and that the fame may be
quaihed. £• Wxgley.
AND the faid defendant, by A. B. his attorney, comes pka, chat tte
and defends the force and injury, and fays, that the faid plaintiff, at piuKiff u a pn»
die time of the exhibiting the Ikid bill of the (kid plaintiff, and long P^ "^"^^
befcne, was, and ever fmce hath been, a popifh recufant ; and that
tkfaidplaintiflFnow is, and before the day of exhibiting of the faid
bill was, duly conviSed of popifh recufancy, to wit, at the general
quarter feffions of the peace of our lord the now king, holden at
Leeds, in the Weft Riding of the county of York, in and for the
iaid Weft Riding, by adjournment, on the twelfth day of October,
in die nineteenth year ofthe reign of our fbvereign lord George the
Second, now king of Great Britain, before ,
cfquires, and others their fellows, then juftices of our faid lord the
king affianed to keep the peace of our faid lord the king within the
faid Wcjt Riding of the county aforefaid, and alfo to )mx and de-
termine divers trefpafles, felonies, and other mifdemeanors commit-
ted within the laid Weft Riding of the county aforefaid ; which
conviAioa was eftreated and certified from the faid court of the
feflioa aforefaid unto the cdurt of our lord the king, before the kingr
hisifelf, according to the form of the ftatute in fuch cafe made and
provided, and the fame there ft ill remains in ics full force, ftrength,
andefFed, not reverfed or annulled \ and this he is ready to verify :
wherefore he prays judgment of the faid bill, and that the fame
nay be quafhedt &c.
AND the (aid plaintiff faith, that he, notwithfbnding anything RepUcatiof),that
by the faid defendant in pleading allcdged, ought not to beaniwered ^ ^** *^**™ "*
to die (aid bill, protcfting, that he is not an alien born in the king- ^^^^ J^
dcND of Spain, under the allegiance of the king of Spain ; protefting tedioa of the
alf(H that he was born at A. in Germany, under die domi- king of £ng.
nton of .the emperor of Germany : neverthelels,for a refJication in i^md.
diis behalf, the faid plaintiff faith, that he, long before the faid time
when, &c« to wit, on^ &c. and continually from thence-
fertb to and at the time when, &c. was under the licetKe and pro-
teffion of die lord the now king of Great Britain^ called England,
to
fe AiAtEMENt.
* to wit, at B. in the countv aloreiaid, and continuilly irom
thenceforth hath remained, ana ftill doth remain, under the licence
and protedion of the faid lord the king of Cyrcat Britain, to wit, at,
&c ; and this, &c. : wherefore he prays judgment, and that he
may be anfwered to his faid bill,* &c.
*^*""*^* And the faid defendant fays, that the faid pica of the ikid
Elaintiff,by him in reply above pleaded fn maintenance of his (aid
ill, to which faid plea, in mannerand form above pleaded in reply,
the faid defendant hath no need, nor is he bound by the law of the
land to anfwer ; and this he is ready to verify : wherefore, far waat
of a fufHcient plea in reply in this nehalf^ he, as before, prays judg-
ment if the £ud plaintiff ought to be anfwered to his ttH Ul,
&c.
.foUite. And the faid plaintiff faith, that the faid plea of the faid plaintiff
by him above pleaded in reply, in maintenance of his faii bill, is
good and fuflicfeiit in law ror the faid pUintifF to maintain his faid
bill j which faid plea, and the matter therein ccmtaihed, the faidpbifl-
tiff is ready to verify and prove as the Court (hall think meet; and
becaufe the faid defendant l^ath not anfwered the faid plea, nor hath
hitherto in anywife dented the fame, die faid plaintiff, as befbit^
prays judgment, and that he may be anfwered to his faid biH : but
becaule the court of our faid lord the king now here is not yet ad-
vifed about giving judgment of and upon the premifes, a day is
therefore given to the (aid parties to be before our lord the king at
Weftminfter until, &c. to hear Judgment of and upon the
iame premifes, for that the faid court of our bid lord ifae king here is
not yet adviled thereof, &&
*Wf!^ff h an ^^^ *^ ^^ defendant, by A. B. his attoffrtey, cmes
2ifMt,aiKiought ^"^ defends the wrong and injury, and prays judgnf^ent of Ae
t«rucby/ric/ir» above declaration, becaufe he fays, that die aforeuid plaintiff now
««3fe is within the age of twenty-one years, that is to fay, of ihe a^e'tf
nineteen years, and no more ; and that the aforefaid plaintiff, by
A. B. his attorney, in the court here hath declared, v»%en
by the law of the land the faid plaintiff, by his next frierll in
the (aidcourt to be admitted, ought to have. declared ; and this he is
ready to verify : wherefore, inafmuch as the faid plaintiff, beiogf
within age, ny A. B. his attorney in that plea ip the faid
tourt here hath declared, the faid* defendant prays judgment
^ of the faid declaration, if be ought to be compelled to anfwar
like fame* ^
If there br diveft execntoit, kane above aod ibmt undei' tse, thty flujr^iir Aie kf
MUjmeyi ft. S^uadert, 209.
AND
ABATEMEKf. «3
AND the faid defendant, in his proper perfon, comes and defends ^^J^^ ^^ Ae
Ac wrong and injury, and prayeth judgment of the (aid writ of the ^<*"^*^* ^
bii plaintiff, becaufe he fays, that he the faid defendant, at the time ^^^J^*^ 5^
tof f&ing forth the original writ of the faid plaintiff, and long before, james, Md o^-
was inhabiting, refident, and commorant, in the parifh of St. James, verfes that he
in the liberty of Weftminfter, in the county of Middlefex; without ^"^ ~*"™<"«*
this, that the faid defendant was ever inhabiting, refident, or com- *^ ^^**°"-
morant, at London aforefaid, as the faid plaintiff by hvs faid writ^^^ '***• '*^
hath above fuppofed ; and this he is ready to verify : wherefore he ' *'
prays judgment of the (kid writ, and that the fame may be
quaihed.
And the faid plaintiff faith, that, by anything by the faid de- R«p]i»tion,that
fendant above in pleading alledged, the faid writ of the faid!^^ defendant,
. plaintiff ought not to be quaihed^ becaufe he faith, that fome (hort j^J^ ^^ J^
time before the iffuing of the faid writ the faid defendant was com- ing thewrit^was
morant in London aforefaid, to wit, upon the twelfth day of No- commonnt m
Tcmber, in the year of our lord 1738, in the parifli and ward afore- '-•»*»•
find s tnd this ne prays may be enquired of by the country.
And the (aid defendant (ays, that the faid plea of the faid Demus^.
plaintiff, in manner and form as the fame is above pleaded by way of
replication, and the matter therein contained, are infufficient in law
for the faid plaintiff to maintain his iaid writ to be good againft
him the faid defendant, and that he is under no neceillty, nor obliged
by the law of the land, to anfwer to the faid plea, in manner and
form as the £une is above pleaded ; and this, &c. : wherefore, for
want of a fufficient replication in this behalf, the faid defendant
prays judgment of the faid writ, and that the £une may be
quahed.
And the (aid plaintiff, inafnuch as he hath above alledgcd fuf- Jtinder.
fictent matter in law in his faid leplication to maintain his (aid writ
againft the (aid defendant, which he is ready to verify ; which faid
matter the faid defendant doth not deny, nor in any wife anAver, but
altogether refufes to admit the averment thereof; therefore as before
the faid plain.ifF prays ju^meot, and that the faid defendant may
further anfwer the (ame: and becaufe the juftices here are wil-
ling, &c.
AND the &ld defendant, by A. B. his guardian, who is pie», that the
now admitted by the court of our faid lord the king here to defendant is a
defend for him the Ciddefsindant, who is under the age of twenty- minor,ando ;ght
one years, that is to fay, of the age of twelve years, and no more ; JJ^^^f fuU^T'
and this he is ready to verify : wherefore he doth not intend that
during his minority he ought to anfwer the faid plaintiff of the debt
aforeuid, and prayeth therefore that the faid plea may remain until
the full age of him the (aid defendant*
AND
64 A R A t E M E N T.
Plea by an at-- AND 6i€ iaid defendant, in his {proper perfen, comes and (ayv
mT^i^t^ that he ought not to be compelled to ^nfwer the (aid original writ^
u ottsbc to be b^^ufe he (ajrs, that he is, and on the day of fuingout of the original
i«cd by bUl* writ» and long before^ was^ one of the attornies of the court of our
lord the king of the bench here) and that in the fame court there
now is, and from time whereof the memory of man is not to die
contrary there hath been, a cuftom ufed and approved of in the
fame court, that no attorney of the faid court hath aigaind his wit
been compelled toanfwer any pcrfon in any perfonal a£lion prole-
cuted in the fame court here by original writ fucdout which ha?e
not coi)cerned the Icing^ unlefs he hath been firfi forejudged from his
office of an attorney of thh court upon a bill exhibicea here to die
jufiices of the £ud lord the king of the bench againft fuch attorney,
and filed in the lame court ; and the fatd D^ m fefl faith, that he
bath not been forejudged from his office of an attorney of this covrt,
and that he is impleaded by the original writ aforeraid zg2in& bis
will, and againft the cunom aforefaid ; and this he is ready to
verify : wherefore, as the £iid defendant is an attorney of the £dd
court here, and on the day of fuing out the fiud original writ, and
lone before, was, an attorney of the fiiid court here, the (aidde^
fenoant prays his privilege aforefaid to be allowed and adjudged
him, and that he may not anfwer the iaid original writ for the
caufo aforefaid.
fka> another AND the faid defendant, by A. 6. bis attorney,
•aioa depend- comes and defends the wrong and injury, and prays judgment of
thejaid declaration, becaufe he fays, that the faid plaintiff hereto-
fore, in the Term of St. Hilary, in the tenth year of the reign of
our faid lord the king, in the court of our (aid lord the king of the
bench here, to wit, at Weftminfter aforefaid, impleaded the fiid
defendant by the name of A. B. of, &c. chapman, in a plea of
trefpafs on the cafe, declaring againft the faid defendant in the £ime
court In the (aid plea, thsit whereas, &c. [here infert the dedart-
tion] and therefore he brings fuit, &c. ; which faid pica ftill de-
pends in the faid court of our faid lord the king of the bench here,
to wit, at Weftminfter aforelaid, not determined or difcontinued,
^ by die record and proceedings thereof remaining in the (aid court
of the faid lord the king of the bench here, to wit, at Weftminfter,
manifeftly appears j and the faid defendant further faith, that the
caufe of afiion above mentioned, and fpecified in the declaration of
the faid plaint!^ herein- recited, and the faid caufe of a&ion above
mentioned, and (pecified in the faid declaraiion of the faid plaintiff,
to which the (aio defendant now here pleads, are one and the fame
caufe of a&ion, and not divers j and this he is ready to verify:
wherefore he prlys judgment of the (aid declaration of the wi
plaintiff to which, he now pleads^ and that the (ame may be
quathed.
AND
ABATEMENT. «5
AND the faid D. by A. B. his attorney, comes and de- **'««» ^^ ^^
fends the wrong and injury when, &c. and prays oyer of the ^*^^^ .^*
£id writing obligatory, and it is rcii to him in thefe words [th«? ^^!^ J^J
bond without condition] ; which being read and heard, the faid vho is LvinjJ
defendant fays, that the faid G. S. in the faid writing obligatory not namid.
named, duly fealed and executed the faid writing obligatory, and
tbertby became jointly bound with the faid defendant to the plain-
tiff, to wit, on the fame day and year, at London aforefaid : where-
fore, inafmuch as the faid G. S. is not named in the ^id writ, the
laid defendant prays judgment o^the faid writ, and that the fame
may be quaihed.
The defendant became bound to the pleads flto eflfamm, it will be againil
phinctff and another $ and becavle it W not him s ib on demurrer^ hr the Coan will
ihewn whetlier the other he living or notprefumethat the other defendant exa*
dead, i. Uto. 4. this & the only way to fcoted. t. Stra. 503.
bke advantage of the macter} for if ht
AND the (aid defendant, in his proffer peribn, comes and defends l^Iea, that ttia
Ae wrong and injury, and fays, that the laid plaintiff, in Michael- •nginai wasfuei
mas Term, in the tenth year of the reign of our lord the prefcnt ^"^^ ^^^f^
ling, for the recovery of his damages by reafon of the not perform- accrued.
fa)g the (aid promife in the faid declaration mentioned, did proiecute ciifc. to. to.
out of the faid court of our lord the king, before the king himfelf,
the (aid court then and flill being at We(lminiler, in the county of
Middlefex, a certain original writ of our faid lord the king of
attachment of privilege againft the faid defendant, direSed to the
iheriff of Middlefex, whereby the faid fherifF was commanded that
be (hould attach the faid defendant if he fhould be found in his baili-
wick, and that he ihould fafely keep him, fo that he fhould have
his bodv before the faid lord the king at Weftminfter, on Saturday
next after eight days from the day of St. Hilary, to anfwer to the
faid plaintiff, gent, being one of the attornies of the king's bench,
before the king himfelf, according, &c. in a plea of tre^afs, and
alfo to a bill for fifty pounds upon promifes, and that the (aid flierifF
fhould have then there that writ ; which faid writ the laid plaintiff
afterwards, and before the return thereof, that is to fay, on, &c. at
Weilroinfter aforelafd, delivered to one A. B» and C. D./efquirel{,
then beine fherifF of Middlefex, to be executed in due form of Uw ;
at which day of the return ofkhe faid original writ, that is to fay, an
Saturday, &c. [as before] came the faid plaintiff, and the faid de«
fendant alfb appeared in the laid court here to anfwer to the faid
plaintilF, accoroing to the exigency of the (aid writ $ and the faid
fherifF, to wit, A. B. and C D. did return, that by virtue of
the (aid writ to him dire^ed he had taken the faid defendant, whofe
body he had ready, as by the faid writ and the return thereof in the
court of our faid lord the king, before the king himfelf here, to wit^
It Weflminfler aforefaid, remaining of record, more fully appears ;
ind the laid defen^nt further faith, that the faid original writ of
privHege of attachment profecuted as aforefaid by the £dd plaintiff,
Voti I« F was
«* A^SATEMENT.
w^profecufed by the faid plaintiff with an intent to implead die
laid defendant for the caufe of a<3ton in the faiJ declaration men-
. tioned above fpecified) to taufe him to appear in the faid court here,
and to declare againil him for the caufe of a<5(ion above named,
according to the courfeand cuftom of the faid court ; and that the
faid plaintifF, according to fuch his intention, afcerwards, to wif^
In the faid Hilary Term, did declare by bill ap;ain(l him in manner
and form aforcfaid \ and the faid defendant further fays, that the
faid caufe of a£lion in the (aid declaration mentioned did not accrue
\o the faid plaintiff at any time before the fuingout of (he hii ori-
, ginal writ of privilege of attachment ; and this he is ready to Verify r
wherefore he praysjudgment of thefaid writzuid declaration there*
vpoOf and that the fame may be quaCbed.
ttmUmt* And the (aid plaintiff prayeth a day to imparl to the &id piea,
and it is grantea to him^ &c. ; and thereupon a d^y is given to the
parties atorefaid to come before our lord the king at Weftminfter
tinttl Wednefda^ next after fifteen daj^ /rom the izj of Lafter^
that is to ^y, for the (aid plaintiff to imparl to the (aid plea, and
then to reply to the lame» &c« : at which day as well the laid
plaintiff in his proper perfon as the faid defendant by his attorney
do come before our lord the king at Wcdminfter ; and the laid
plaintiff faith> that the plea aforefaid by the faid defendant in man«
ner and form aforefaid, and the matters therein contained, are not-
fufficient in law to qualh the faid bill of the (aid plaintiff, and that
the laid plaintiff is not under any neceffity, nor in any wife bound
by the law of the land, to anfwer the faid plea, in manner and form
aforefaid pleaded ; and this, ice. : wherefore, for wantof afuffici*
ent plcain this behalf, the faid plaintiff prays judgment, and that the
laid bill maybe adjudged good, and tliat the laid defendant ms^ aa«
fwer thereto, &c.
joinder ii de» And the faid defendant faith^ that the aforefaid plea in manner
wntttr. and form by him the faid defendant above pleaded, and the matters
therein contained, are good and fufficient in law to quafh the fa'd
bill of the faid plaintiff, which faid plea, and fhe matters therein
contained, the faid defendant is ready to verify and provt as the
Coortfhall award ; and becaufe the faidplaintiflr bath notanfwered
the faid plea, nor hitherto in anywifg denied the fame, the faid de-
fendant, as before, praysjudgment, and that the laid bill of the £ud
plaintiff may be quafhed : but becaufe the court of our lord fhe
king nowhere is not yet advifed^about giving judgment of anJ
upon the preaiifes, day is thereupon Riven to the parties aforefaid
to come before our lord the king at Weftminfter until Friday next
after the morrow of the Holy Trinity, to hear judgment of and
itpon the fame premifes, for that the court of our (aid lord the king
now here is not yet advifcd thereof, &c. : at which day, before our
lord the king at Weftminfter, come as well the faid plaintiff in his
proper perfon as the laid defendant by his attorney ; and becaule
t^e fiud coitft of our laid lord the king^ before the king himfd^
art
A B A -r E M i Iff t. «7
' Ire iM yet advifed among themfelved what judgment to give
in the preaiifes, a day is further given to the parties aforefaid to be
before our lord the king at Weftminfter until on Monday next
after three weeks from the day of St. Michael, to hear judgment
ofand upon the premifes, becaufe that the court now here are not
^tadvifed, &c. : at which day, before our lord the king at Weft-
minfter, came as well the laid plaintiff as the faid defendant by his
attorney aforeiaid ; and thereupon the premifes aforefaid being feen
and infpected by the court here, and by them fully underftood, and
mature deliberation being thereupon had, it Teems to the courts
that the (aid plea of the faid defeifdant^ and the matter therein con-
tained, are not fufEcient in law to quaih the faid bill of the faid
plaintiff, or to hinder this court from giving cognizance of the faid
plea. Therefore it is cqnfidered, in and by the faid court here, that judpncnt, «•
the faid defendant doanfwer over the f^d bill o\ the laid plaintiff \fptndiM wfltr^
and hereupon the faid defendant, by £. F. his attorney, comes
and defends the wrong and injury, &c. and fays, that he did
not undertake and promile in manner and form as the (aid plaintiff
hadi above complained againft him i and of this he puts himfelf
upon the country^ &c*
AND the laid de(endant comes and defends the wrong and injury, P^i thit th«
ind prays judgment of the faid writ, becaufe he fays, that the faid plaintifrisadmi-
A. on, &c. at the pari(h aforefaid, died inteftate ; after whofe death trltTrfrthtt"^
ttdminiftrationof all and Angular the goods and chattels which were [sciccutor,
bdongin^ to the faid A. at the time of his death fmce the deceafe
of tlie£da A* that is to (ay. On, &c. was in due manner committed
Id the &id plaintiff, to wit, at the pari(h aforefaid ; without this, that
Ac (aid plaintiff is executor of the laft will and teftament of the
fiiid A» B. as the (aid plaintiff b]^ his (aid writ and declaration above
fuppo(es ; and this he is ready to verify : wherefore, fmce the faid
fdaintiff by his faid writ is not named adminiftrator of the goods
and chattel^ which were of the faid A. B« the faid defendant prays
judgment of the (laid writ, and that the (ame may be quafhed,
AND the (aid ^D. by E. F. his attorney, comes and de- flea hi tretpJk,
fends the force and injury when< &c. and prays judgment of **^*^ ti^e p'a»nti^
the (aid bill, becaufe he (ays, that the faid plaintiff, neither at the faid ^f^ V^^^l
times when, &c. ndr ever (ince, hath not nor had anything in the nants/**'
faid dok in which, &c. nor in the faid trees and underwood in the r^r tcoant In
fiid bill mentioned to be there growing, nor in any of them, nor any common ^ith
lArtdiereof^ nor in the faid goods and chattels in the faid bill men- a^-^her, fee
tioDed, ndr in any of them, nor in any part thereof, but jointly and ^^^J^^ ^
tudividedly with A- B. andC. D. €fquires,who are both ftill alive, Repiicatioo,that
to wit, at S. aforefaid; and this, &c. : wherefore, inafinuch the piainciffwM
as the (aid A. B. and C. D. are not named in the faid bill) he prays ^^^^ it'iMy and
judgment of the faid bill, and that the fame may be qua(hed. th"""^- **** ^'
thing.— 'Raft, 653. x. Bro. S. Hanf. 103.
F a AND
6t ABATEMENT.
Plea, that the AND the faid R. ^-V, and J. by S. C. their attorney, come zai
promifts were defend the wrong and injury, and pray judgment of the writ abre*
«Diti'^*and^*^on '^^^^ bccaufe they fay, the fevcral promifcs and undertakings in the
A. B. and that^**^ declaration mentioned, if any fuch were made, were, and each
the faid A. B. is and every of them was, made by the feid R. W. and J. and one Sir
flill aUve. W. F. and J. S. jointly, to wit, at London aforefaid, in the parifli
and ward aforefaid, which faid Sir W. F. and J. S. are ftill alive»
to wit, at London aforefaid, in the parifli and ward aforefaid ; and
this they arc ready to verify : wherefore, (ince the faid Sir W. F.
and J. S. are not named in tlie iaid writ, the faid R« W. and J. pray
judgment of the (aid )¥rit, and that the fame may be quafhed.
Thomas Davenport.
Dircootlnuance. AND hereupon the faid P. as to the faid plea of the faid defendant,
fays, that he cannot deny the exception aforefaid made by the (aid
defendant to the faid bill, but confefTes it to be true ; therefore it is
confidered^ that the faid P. fhall take nothing by his bill afore(aid
fo exhibited againft the faid D. as aforefaid, nut (hall be in mercy
for his falfe claim as to the faid D. thereon, and that the (aid D«
(hall go thereon without day.
N. B. The defendant pleaded in abatemenn, tliat his name wat J. and not D, ott
' which the plaintiff difcoAtinued as above.
»
4W/* ^tfejvi to AND hereupon the faid plaintiff fays, that he cannot deny the
aptea an abate- exceptions aforefaid made by the faid defendant to the (aid bill, but
"*'"'' confelTes it to be true, and prays leave to exhibit a better bill ae;auift
him, and it is granted to him, &c. : therefore it is confidered, that
the faid plaimi^ (hall take nothing by his faid bill fo exhibited as
aforefaid, but (hall be in mercy for bis falfe claim therein ; and tht
(aid P. (hall go thereupon without day, &c*
Plea te the ju- AND the faid defendant, by A. B. his attorney, come9
rifdiaion, that and defends the force and Injury, &c. and faith, that the (aid
the caufc of ac- county of Glamorgan is one of the twelve counties within the
wSca'"** *" principality or dominion of Wales, within which faid county there
now is, and at the time of the exhibiting of the bill of the (aia plaih-
tiiF, and long before thiat time was, a certain court of our lord the
king of great feffions, holden for the faid county of Glamorgan be«
fore certain j uftices of the fame court there, and that all and ungular
pleas and a<Slions, as well real as perfonal, ari(ing within the fame
county are, and at the time of exhibiting the bill of the faid plaintiff
were, and of right ought to be, pleaded and pleadable within the
faid county of Glamorgan, before the faid jullices of the faid court
of great feilions there for the time being, and not here in the court
of our lord the king before the king himfdf; and that the faid
defendant, at the time of exhibiting thi^ faid bill of the (aid plaintiff,
and before, was, and from thence hitherto bath been, and ftill is,
refidcnt
ABATEMENT. 9^
n^dent and commorant within the fame countf , to wit, at Cow-i^
hnidge afbre&id, in the county aforefaid ; and this, &c. : where*
fere, fince thecaufe of aflion aforefaid ari fas within the faid county
of Glamorgan, within the principality or dominion of Wales, the
laid defendant prays judgment if the court of oiir lord the king now
jKre will or ougbt to have further cog:uzance of the plea afbreiaid.
J. Lee.
. r
AND the faid defendant, in his proper perfon, comes and fays, Plea> chat tht
Aat the Court ought not to have further cognizartce of the pica ^^^ ^ •^^^^
aforc&id, bccaufe he fays, that the caufe of aftion aforefaid, if any, .*^^^i2Sc»! ^
accrued to the faid plaintiff out of the jurifdiclion pf thijs court, to^*"^
wit, at T. in the county of N. and not at D- in the declaration
Darned, or clfewherc within the juriWi£tionof this court ; and this,
&c : wherefore he prays judgment if diis court ought or will have
cognizance of the plea aforefaid.
AND the (aid defendant, in his proper perfon, comes and defends PI«^* th«t ^B
die force and injury, &c. and fays, that the court of Chefter is, and P^*** ^"^ J^ll
from time whereof the memory of man is not to the contrary hath ^^hinihc "
COUIU
been, a county palatine ; and that there now are, and for all the ty paUtinc ol
time aforefaid have been, juftices there j and that all and Angular Chefter ought
pleas for the recovery of the poffcffion of manors, mcfl'uages, lands, 50 ^ befive th«
and tenements, lying and being within the fame county, have been J"^^*^*» •«'**••
for all the time aforefaid pleaded and pleadable within the faid county
of Chefter, before thejuilices there for the time being, and not
here m die court of our lord the king, before the king himfelf » and
this he is ready to verify, as the Court, &c. : wherefore, fince the
pica aforefaid is brought for the recovery of manors, mefluages^
lands, and tenements aforefaid, within the county palatine, the laid
defendant prays judgment if the court of our lord the king will or
#ught to hav£ further cognizance of the plea aforefaid.
£• BooTi.fi,
AfiD now come as well the aforefaid T. as the aforefaid I. in ^fea in ahiti*'
their proper perfons ; and becaufe the aforefaid T. is named and nwotof vanaact
called in a certain writing obligatory againfl the aforefaid I. brought ^^^^^^
here into court (by which faid writing the aforefaid I. is bouno to ^
the aforefaid T. in the aforefaid one hundred pounds, to be paid in a
certain term in the fame writing contained), by the name of L K*
cf L. mercer ; and in the writ aforefaid the faid T. is named and
called by the name of T. H. &c. ; and fo there is a variance be«
tween the writ aforefaid and the faid writing obligatory ; upon
which writing the aforefaid writ was fuedout : therefore it is con-
/tdered, that the aforefaid T. take nothing by his writ aforefaid, but
t6at lie be in mercyt &c. for this falfe claim ; and that the aforefaid
L do go thereof without day, &c. s and that the letters patent of
JF 3 our
J9 ABATEMENT.
pur lord die king forpardoning the outlawry promulged a^infthini
the faid I. by pccafion of the premifes be allowed to the fiu4 I,
Sifvari^co WHICH being rdad and heard, the faid dcfen4ant (ays, that the
between the ^^^ afbrefaid is variant from the writing aforefaid, forafrhuch as the
i^itandfpecial- laid defendant is named jn the faid writing, ** John C. jun. of New
tprnfter ejer. « Sarum }'* which words, *^jun. of Hew" are omitted in the writ
aforefaid \ apd fo that writ is not warrar^ted by the writjng afote-
^d : ^erefore the defendant prays judgment of th^t ^ric, &c«
ple^ |« aba^o THE defendant fays, that the afbrefaid teftator is iiaq3e4
^^l^^^ in the writ aforefaid T. G. late of Dundee, and in the tefta-
wri/ and f*^«- rn^^t aforefaid he is named T. Dodfyne^ of the parilh of Dun*
m*ntt in debt by dee ; and fo the writ aforefaid is variant from the teftamen(
«n t*uut9f, aforefaid, and is not at all warranted by the fame : wherefore he
p;rays judgment of the (aid writ, &c. : and hereupon as well the
Writ as the teftaipent afbrefaid being; fsen by the Court, the excep-
tion afbreiaid is found to be true : therefore it is confidered that the
aforefaid plaintiff take nothing by his writ aforefaid, but that he be
in mercy for his falfe claim, and that the aforefinid defcndaiit do gq
(hereof without day, &c.
Plea i^ abat^. ANP the afofefejd defendant, by A. B. his attprnev, comes an4
p:ent of variance prays judgment of the writ aforefaid, becav|fe he fays, tnat Acre is i|
riirin^*and fpel '^'^^^^^^ between the writing afore&id brought here into court an4
li^y. ' the original writ fued out upon the faid writing \ becaufe, he fays,
that the fai4 defendant is n^ed and called by £at writing K. B. of
T. ; and this he is ready to verify : wnerefore, inafmuch ^s there if
a variance betw^pen the \yrit aforefaid and the writing aforefaid upoQ
.yrhich the af(Kefaid wr|t was fue^ out|.he prays judgqient of th^
^d writ, ifc.
AiMtber after WHICH being rea^ and hear)], the defendant prays jud^ent of
ff* the writ aforefaid, becaufe he (ays, that in the aforeiaid writing
obligatory, iipon which the writ afofefaid was fued out, he is name4
and called by the name of J. G. of S. in the county of N. ckrl^^
juid in the writ aforefaid the (aid J. is named and called by the nam^
of Cj. G. of B. in the county of S. clerk ; and fo there is amani4
feft variai^e between the writ aforefaid and the aforeiaid writirtg
obligatory upon which that writ wa9 fued oi^t; and this^ jfc \
therefore, &c«
ABATEMENT. 7f.
AND the aforelaid defendant, by T. S. his attorney, comes and P^ 'L*'*^^V
defends the force and irijury when, &c. and craves oyer of the plaint ^^^ between
aforefaid, and it is read to him in thefe words, to wit, ** T. B.con>- ^^^ pjgj^t ^
'< plains of R« K. &c. of a plea that he render to him ten pounds, dec]ar;^ioQ»
•* which, &c. 5 and there are pledges of profecuting, &c." [as in the
plaint] : which being read and heard, the pTaintiiF prays 'judg«
ment of the declaration aforefaid, becaufe he fays, that oiere is a
material variance between the plaint and declaration aforefaid, as
appears to the court here ; and this. Sec. : wherefore, on account
ik that variance, the faid d(;:fendant prays judgment of the declara* ^ •
Cion aforeiaid, &c.
AND tbt aforefaid defendant, by T. S. his attorney, co<fies and Pl«a in abtts*
defends the force and injury when, &c. and prays judgment of the "»*»» ** ^
bill aforefaid now exhibited againft him, becaufe he feys, that bv the ^^^^
iald bill it appears that the faid plaintiff complains of feveraJ and ^„^ ^ ^^Ip^
diftind cauf^s of adion, when by the law of the land the faid plain- inoMbUL
tiiF ou?ht to have exhibited feveral bills for the faid caufes of aftion ^
refpedively, and not one bill only for ail the caufes of adlion afore-
iaid together ; and this the faid defendant is ready to verify: where-
fore, inafmuch as the faid plaimiiF hath above joined in one and th^
&me bill many caufes of adion not joinable^ the faid defendant
prays judgment of the iaid bill, kc»
AND the aforefaid defendant, prefent here in court, defends the Shnibr plea
force s^ld injury when, &c. and prays judgment of the bill aforefaid wherethecauftj
now exhibited againft him, becaufe he fays, that by the faid biU it ^*t^S3
appears that the aforefaid plaintiff complains of two feveral and ^ixk^
diftind trefpaffes depending upon two feveral titles to two feveral .
and diflin<St offices, whereas the aforefaid pKiintifF ought to hava
exhibited two feveral bi)ls for the fame trefpafles refpe&ively, and
not one bill only for both the caufes of a<^ion aforelaid together ;
and this he is ready to verify ; wherefore, inafmuch as uie &id
plaintifFhath above joined in one and the fame writ two caufes of ,
adion not joinable, the faid defendant prays Judgment of the (aid
bill} &c.
AND the aforefaid J. C, by J. G, his attorney, Qomog and de- ?fc« ^ «bate»
fends the force and injury when, tcQ. and prays juagment of the bill "?^!' *!*^* ****
aforefaid, becaufe he lays, thatby the bill aforefaid it appears that the ^[^ ourh^S
aforefaid J. C, is chargeable by virtue of the promife and under- be in accouoc
(akings in the faid bill mentioned, in a plea of account, as bailiff of
the faid J. P. fenior ; aind for this, that the bill aforefaid is in a ple^
of trefpafs upon the cafe« the aforefaid L prays iudgnioat of the bilj
iforciaid^ and th^t that bill may be qualhed*
lA THB
71 /IBATEM5NT.
Flea in abate- THE defendant craves oyer of the original writ, and it is read to
mem lA appeal j^jj^ . j^^ alfocraves oyer of the return, which was, that the fheriflT
^fnTminr the ^^^ attached the defendant by his body, but he was removed by a
|)iriih^ habeas corpus into the idng's bench, fo that he could not have his
bodv at the day of the return of the writ aforefaid ; which being
reaa and heard,' the faid G, W. bv A. B. his attorney, defends the
force and injury when, &c. and all the felony, and whatfoever, &c»
and prays judgment of the original writ aforefaid, becaufe he {ajrs,
that he the faid G. W. by t&t writ is appealed by the name of
G. W. late of the pari(h oi St. James's, Wcllminfter, in the county
of Middlefex,- gent, when in truth and in fad within the county
of Middlefex aforefaid there is a certain parifh called and known by
the name of the pariih of 3t. James's, within the liberty of Weft-
minfter, but in the faid county of Middlefex there is not, nor on
(he day of fuiiig out the original writ of appeal aforefaid, nor
ever was there, any parifh, town, or place, called and known by the
name of the parifh of St. James, Weflminfler, only, as the afore*
iaid Elizabeth, by her writ aforefaid,' above fuppoies i and this he
the faid G. is ready to verify : wherefore he prays judgment of the
writ aforefaid, ana that the writ aforefaid may oe quafhed,
pemurrer and And the afprefaid. Elizabeth demurred generally to the plea in
judg^nent. abatement ; and this, &c. : wherefore, for vwmt of a fufficient
anfwer in this behalf, the faid Elizabeth prays judgment againfl the
aforefaid G. W. of and upon the premifes, and that that writ may
be adjudged good ; and the faid G. W. &c. to quafh the writ [as
in other rejoinders], and that that writ may be quafhed,
Wea in abate- IN debt againfl J. B. of T. in the county aforefaid, yeoman, the
■?*"?' vh- "^* defendant fays, that in the county aforefaid there are two vills called
^m^iOiing ^^ ^j neitner of them without addition, and that in the fame
county there never was a vill called T. only, as the aforefaid plain«^
tifF, by his writ aforefaid, above fuppofes ; and this, ice, : where*
fore he prays judgment of that writ, &c. : and the plaintiff main*
tains the writ, &c. ; therefore let twelve of the body of the county,
&c. &c.
Plea in abat^- AND the s^orefaid R. W. of Epping, in the county aforefaid,
mcnt for nam- hufbandman, in his proper perfon, fays, that on the day of fuing
*"* ^ ^^^ ^^^ ^^ ^^^^ aforefaid he was commorant and converfan't at the vifl
iwhicbisno vi*^ of Epping, in the county aforefaid, and that he is the fame perfoa
' againft whom the aforefaid T. brought his writ aforefaid by the name
ot R. W. of I. ; and he defends the wrong and injury when, &c. and
fays, that the aforefaid place called I. in the aforefaid vill of Epping,
is no viil or hamlet of itfelf, nor any place out of a vill or hamlet j
and this he is ready to verify ; in which cafe the faid R.. ought to
have been named in tlie wr it aforefaid of the aforefaid vill of Epping ;
wherefore, fince he is not fo named, according to the form of me
ilatutp
ABATEMENT. ^
ftatute of Additions of the degree or myftery of defendants in writs
wherein procefs of outlawry lies, he prajrs judgipent of the writ
aforelaid, &c.
THE defendant fays that he on the day of fulng out the writ W» »» *»<•*
aforefaid wascominorant and converfant at B. in the county of S. ; "'*'** ^^ "*•
without this, that he ever wascommorant or converfant at B. afore- ^*"°"**"*^*
&id, as bv the writ aforefaid is fuppofed ; and this, &c. : wherefore
he prays judgment of chat writ, &c. [The defendant demurred in
hw, and judgment was given for the defendant to anfwer over,
IN trefpafs at R» and C. the defendant fays, that theplace called That C. b ptf*
Cis within the aforefaid vill of R. and parcel of the fame vill } and ^ ^ *• '^
thif, &c The plaintiff denies the plea j and this, ice. ^i^ •» ^
ANDtheafbrefaidtenant,byA.B. his attorney, comes and layS|Piet la lAaie*
that whereas by the writ aforefaid it is fuppofed tnat the mefTuages inentforpaniiis
andihops aforefaid were given to the aforefaid Agnes, the daughter ?2;I^^^^S?
of John, in free marriage with the aforefaid William, the ion of bjoj*,
Ridiard, the defcent is made by the faid writ from them the faid
Agnes and William putting the name of the wife before that of the
hiJband, when by the/orm, && the name of the hufband ought to
be piit before that of the wife : wherefore, for dckSt of form, h^
prays judgment of the writ, &c.
«
And the aforefaid plaintiff not denying the exception aforefaid, conftflU p1a^
for that and other caufes in the aforefaia Writ contained, prays licence and pnys a bet*
to obtain a better writ ; and he hath it, &c* s therefcNre it is confi* ter writ,
dered, that the aforefaid plaintiff take nothing by his writ aforefaid^
^ut that he be in mercy for his £iilfe claim, iuu
AND the aforefaid defendant, by B« A. his attorney, comes Imd ^^ ^ •hats.
fays, that in the writ aforefaid the aforefaid plaintiff hath made an ^^ ^JL??"?*
cmiffion of this word, " by," between them the faid J^H.andL.M, JJ^^^^JJ
for which reafon the writ aforefaid is defective and infufEcient in judgment of
itfelf ; wherefore be prays judgment of the writ, &c. : andbecaufe fKMfitm-kBd.
theexceptioB-aforefaid is manifefl to the iuflicesheie, by infpe<Slion
of die faid writ; therefore it is confidered, that the aforefaid plaintiff
take nothing by his faid writ aforefaid, but that he be in mercy for
kis falfe claim, ^.
THE defendant prays judgment of the writ, becaufe he (ays. Plea in debt for
that in the aforefiud letters official it is contained, that adminiflration "* adminiilra^
of all the goods and chattels of W. C. otherv/ife P. was committed *** "* '^'^^
to the plaintiff at London aforefaid, and in the .writ aforefaid there
is an omiiEon of the aforefaid wor^s <^ otherwife P« ;" wherefore
• * •
It
7$ ABATEMENT.
it docs not appear in or by the faid writ but that the aibre/aid W, ia
the writ afore(aid named, and the (aid W. in the letters afore&id
named, are diiFerent perfons ; wherefore he prays judgment of the
writ aforeiaid, &c.
^^""^^ . *• And becaufe the afore(aid pJaintifFdoes not deny tfa&excepttoa
meAtr ^ aforefaid (vrfiich fufficiently appears to the court here by the in-.
fpe£lion and compariiian of the writ and letters aforefaid) ; therefore
, it is confidered, that the aforefaid plaintiff take nothing by his writ
aforefaid, but that he be in mercy for his falfe claimi and that the
aforefaid defendant do go thereof without day, &c.
Or coiiM*es And hereupon as well the writ as the letters aforeiaid being
*^*** . feen by the Court, the faid exception is found true : therefore it i%
« Gonfidered, &c.
I
^ 52*"*P«rty AND the aforeGud T. F. by A. B. his attorney, comei and de^
m atciai«cr, fends the force and injury when, &c. and prays judgment; of the
aforefaid writ, becaufe he faith, that the property of the aforejaul
. three cows in the declaration aforefaid fpecified, at the faid time
when, &c. was in one C. D. ; without this, that the property of the
faid cows, at the fame time when>&c. was in the aforefaid £• T. at
by the writ aforefaid is above. fuppofed ; and this, ^* ; wherefore
be prays judgment of the writ aforefaid, &c«
^Zt A^*^' ^^^ *^ aforefaid B, by C, D. his attorney, comes and fays,
pToie defend^ **^ ^^ '* *'*'^® ^*^* S^^^^Y of the trefpafs aforefaid, as the afore&id
#nudkd before plaintiff above complains againft him : for plea he fays, that the
c^wrif. aforefaid A. one of the defendants, is dead, and that he died befor»
the fuing out of the aforefaid writ of the aforefaid plaintiff, to wit,
at M. in the county aforefaid ; and this he is ready to verify )
wherefore he prays judgment of the writ aforefaid, &c, ^
j^fefiiitttiMi And the aforefaid plaintiflF fays, that the writ aforefaid, for the
liwrcto. re^on above alledged, ought net to be quafbed, becaufe he fays,
that the aforefaid A. on the day of fuing out the writ aforefaid, to
wit, on, ice. at, &c. was living and in full life, and was not dead*
as the aforefaid defendant hath above a]]edged > and thjs he pfays
fnay be enquired of by the frountr^, ^c.
Irntiff^^ died* ^^^ *^ aforefkid A, B. by C. D. his attorney, comes and de.
^dsrrdticwtti fends the fbrce and injury when, &q. and faith, that after the lafl
muavu continuance of the writ aforefaid, to wit, the odlave of St. Hilary
laft pail, from whence the procefs was continued here until this
day, to wit, fifteen days from the dayof Eafter, and before this day*
(he 9!(oxGtsad plaintiff died^ to wit, at |C. in thQ county of §• ; and
Ihii
r
ABATEMENT. f|.
tfdt be !s ready to verify : wherefore he prays judgment of tht
vrit afoiefiud, kc,
t
And the afbrefs^id attorney, in the name of the aforefald plain- RcpUcatka
tar, and for him the &id plaintiff his client, faith, that his writ }^^ ^
fifere&id, for the reafon above alle4|ed, ought not be quafhed, ' "^
becaufe he faith, that the faid plaintiff is livine and in full life,
to wit, at, &c« and not dead, as the aforefaid defendant above
idledges ; and this, ibr the jbid plaintiff his client, he prays may
be enquired of by the country, &c.
AND the faid P. by J. S. his attorney, comes and defends the ^^^ ^ »baes«
force and injury when, &c. and faith, that he ought not to be 2,*"^|^^j52
obliged to anfwer to the faid bill of him the faid W. becaufe . he -^J^,^?^' ^
faith, that at the delivery of the gaol of our lord the king, of
Newgate, holden for the county of Middlefex, at Jufiice Hall i(|
the Old Botley, in the fubutbs of the city of London, on Wed-
oeflay the lixth day of December, in the twenty-fixth year of the
reign of our fovereign lord George the Second, king of Great
3htain, before Sir C« G. knight, mayor of the city of London^*
£. C. cfquire, one of the barons of the Court of Exchequer of
our (aid lord the king; H. L. efquirc, one other of the barons of
the laid Court of Exchequer of our ikid lord the king \ Sir H» M»
knight, one of the aldermen of the city of London, and others
their feHows, juftices of our (aid lord the king, affigned to deliver
hit gaol of Newgate of the p^iiboers therein being, the faid W,
by dbe name and addition of W. Lee, late of the pari(h of St«
(jeorge, in the county of. Middleiex, labourer, according to due
courfe of law in that behalf duly taken, was tried and duly con-
vided upon an indidment, for that he, on the twenty-fifthr day
pf November^ in the twenty-fixth year of the reign of our io-f
vereign lord George the Second, king of Great Britain, &c. witl^
Ibrce and arms in the parUh aforeiaid, in the county aforeiaid, one
flver watch of the value of three pounds, of the goods or chat^
teb of one W. H. thirteen pieces of foreign gold coin, called
thiity-fix (faiiling pieces, of the value of twenty-three pounds
right fliiilings I ope piece of gold coin of the psOper com of thiii
kingdom called a guinea, of the value of twenty-one ihillings^
IMie piece of gold coin of the proper coin of this kingdom calle4
t half guinea, of the value of ten ihiUings ^d fixpence \ and tei\
flullings in monies numbered, of the monies of one £. W. wi-
dow, in the'dwelling-houfe of the (aid E.'then and there being.
fomoAy f<?lonioufly did ileal, take and carry away, againft the peace
of our iaid lord the king« his crown and dignity. And the faid )^^
farther faith, that afterwards, to wit, at the delivery of the ga(^
•four iaid lord the king, of Newgate, holden for the laid county
of Middlefex, at Juftice Hall aforeiaid, on Wednefday the fecond
digr of l|fa/» ill tfa^ twentv-iixth ye^ afofciaid, be^e Sir C. G.
9
ABATEMENT.
knight, mayor of the city of London ; Sir W. L. knight, Chief
Juftice of our faid lord the king, a(figned to hold .pleas before the
king himfelf; Sir E* C. knight, one of the judices of our faid
lord the king of the Court of Coq^imon Pleas; H. L> efquire,
one of d)e barons of the Court of Exchequer of our faid lord tbe
king, and Others their fellows, juftices of our (aid lord the king,
affigned to deliver the gaol of Newgate of the prifoners therein
being, our faid lord the king having been gracioufly pleafed to
extend his royal mercy to the faid W. L. on condition of tranf-
portation to fome parts of America for the term of feven years,
which had been figniiied by one of his Majefty's principal lecre*
taries of ftate to the faid juuices and court there, according to tbe
ihuute in that behalf; and which mercy, upon condition afbre-
faid, the faid W. L. then and there in the faid court did con-
fent and agree to accept } whereuppn it was by the fame court
then and there conftdered, that tbe iaid W. L, fhould be tranf-
ported to fome of his Majefty's colonies and plantations in Aaie«
. rica for the term of feven years, according to the form of the fta«
tute in fuch cafe made and provided, as by tbe record thereof may
more folly appear $ which faid judgment yet remains in its full force
and effeft by the iaid William, not reveribd or annulled, and
which (kid term of feven years for wnich the iaid William wasfo
adjudged to be tranfported is not yet expired ; and this he the (aid
P. is ready to verify by the faid record : wherefore he prays
judgment whether he ought to be compelled to anfwer to the
faid bill,&c. ; with this, that the faid P. will verify that the (aid
W. L. in the faid record mentioned, and the aforefaid Williami
the now plaintiff in the faid bill mentioned, is one an4 the |amQ
and not another and different perfon, i^c.
ftepficatioa And the faid W, as to the faid plea of the laid P. by him
^^'^'^^ above pleaded in bar, fays, that he, by any thing in that plea con-
tained, ought not to be barred from having his aforeiaid z&ioa
maintained againft the faid P. becaufe he fays, that long after the
iaid convi£lion was fc> had againli the faid William, and be*
fore the day of the exhibiting of the bill of the faid William* to
wit, on the feventh day of April, in the thirty-fecond
irear of the reign of our fovereign lord the now king, our faid
ord the now king by his letters patent bearing date at Weftmin-
iler the fame day as the lail aforefaid, fealed with his great fe^
Protffti of let- ct Lngland, and which faid letters patent he the faid W. brines
ten paunt, here into court, acquitted, releafed, and difcharged the faid Yf.
his heirs, executors, and adminiftrators. againit our faid lore} the
king, his he^rs and fucceflors^ of and from the faid felony in the
faid plea mentioned, and cf and from all n:anner cf treafons, felqr
nies, mifprifion of treafons and felonies, treafonable or fediciou;
words or libels, feditious and unlawful meetings and conventicles
and all oficnccs by rcafon whereof the faid W. could be charged
ui(h the penalty and danger of a prseniunire, all riots, rout$, of-
fences, ccntempts, trcfpailesj mifdemeanors, and all judgments and
con-
ABATE ME NT. if
conTiftions for not going to church, and of and frdm all (brftiturdt
and penalties for the (aaie^ or either of thism, before had com-
mitted or done ; and the willigi^d pleafure of our (aid lord the king
was by the faid letters patent exprefled to be, that the faid W. his
beirS} executors, or adcniniftrators, (hould not he fued, vexed, or
difquieted in his body, goods, or chattels, lands or tenements for
the laid felony or the convidion aforefaid, or for any matter,
caufe, contempt, mifdemeanor, forfeiture, offence, or anv other
Aiflg before done, committed, or omitted againft our faid lord the
king, his crown, dignity, prerogative, laws, and ftatutes ; and that
the bid grant of our faid lord the king of general pardon by ge«-
neral words, daufes and fentences in the fame letters patent before
rehearled, fhould be reputed, efteeitied, adjudged, expounded, aU
lowed and taken in all the courts of our (aid lord the king, moft
beneficially and amply for the faid W. and as if the particular
crimes of the laid W. had been fully and at large mentioned and
eq>refled in the fame letters patents as by the faid exemplification
of the faid letters patent more fully appears; and the faid W. fur*
tber laithy that the feveral caufes of aftion in the faid declaration
mentioned did accrue, and each and every of them did accrue after
the laid convidion in the faid plea mentioned, and before the
gnuiting of the pardon aforefaid by our faid lord the king» to wit,
00 the feventh day of April, anno domini 1756, at L. aforefaid,
in the parifh and ward aforefaid ; and this he is rendy to verify :
wherefore be prays judgment and the damageS| &c. fo adjudged to
him. &c«
AND the faid E. by S, P. his attorney, comes and defends the *^ ^ *******
wrong and injury, &c. and prays ju<^mcnt of the faid writ and de- ^JJ^Jnd"decU^
daration, becaufe he fays, that long before the fuing out of the nSon th»tpUin-
original writ of the faid D. as adminiftratrix as aforefaid in this tiff*s teiiacor
behalf, to wit, on the firfl day of October, anno domini 1778, wisabankru]>t,
and long before the laid George W. deceafed in his life- time was *'^r*' ^
a trader within the true intent and meaning of the feveral flatules 2!!!te! ^^"'^
made, and now in force concerning bankrupts or fome one
.of them, to wir, at L. aforefaid, in the parifh and ward afore«
laid s and the faid £. further fays, that the laid G . W. in his life-
time, afterwards, to wit, on the feventh day cf iNovember, anna
domini 1778 aforefaid, being and remaining fuch trader as afore-
fiid, became and was a bankrupt within the true intent and mean*
ing of the feveral ftatutes made and now in force concerning
bankrupts, or fome or one of them, to wit, at L. aforelaid, ia
the paiifh and ward aforefaid; and that afterwards, that is to fay,
on the fecond day of November, anno domini 1778 aforefaid, a
ccruin commif&on of bankrupt of our lord the now king, fealed
with the great feal of Great Briuin, bearing date at Wel^minfler
the day and year aforefaid, was in due manner awarded and
iffitcd againft the laid G. W. in his liie«time ; whereupon the faid
G.W.
AftATEMEN^t.
G. W. in his life-time ajfterwards^ to wit, on the fame day a^ ^
laft aforefaid, at*L. aforefaid, in the parifli and ward aforeiaid, was
by the major part of the commiffi^ners m the faid commifliofi
•named and authorized, duly declared bankrupt, and afterwards^
to wit, on the eighteenth day of 0£tober, anno domini 1781, at
L. aforeiaid, in the parifli and ward aforefaid, died without ever
.having obuined his certificate under the faid commiffion ; and this
the (aid E. is ready to verify : wherefore he prays judgment of the
did writ and declaration aforeiaid^ and that the fame may bt
qua(hed«
llM» that tht AND the faid defendant, by A. B. his attorney, comes and
^T^^riTdrf defends the.force and injury, and prays judgment of the faid biUj
liiwi^h* &C, becaufe he fays, that the faid M. and £. neither at the faid tinoe
but in cMunon when, &c. nor ever fince had nor have any thing in the faid ciofe
with A. B. in which, &c. or in the (aid trees and underwood in the fiud
bill mentioned to have been growing there, nor in any of diem
or in any part thereof, nor in the faid goods and chattek in the
laid bill mentioned, or in any part theredf, but jointly and tmdi«
vided with A. B, and B* T. who are both dill alive, to wit, at^
&c. and this, &c.: wherefore, inafmuch as the (aid A. B. and
B. T« are not named in the (aid bill, he prays judgment of the
faid bill, and that the (ame may be qusdbed, &c. K, Dn ame*
1
Mn to the ju. AND d)e faid B. in bis proper perfon, comes and (ays, that
fifiidiionof the ^j^^ ^-^^y ^^^^ ought not to have further cognizance of the plea
'^^ afore(aid, becaufe he fays, that the caufe of'aAion aforefaid (i^ anv
accrued to the faid A«) accrued to the faid A. out of the juri^
di^ion of this court, to wit, at A. in the county of B. and not
at L* in the faid declaration mentioned, or eifewhere within the
juriCiidion of this court ; and this, &c* : wherefore, &c« if thf
(aid court can or will have (iirther cognisance of this plea*
Pie thitdefrn. AND the (aid defendant comes and defends the wtong and in*
daM ii a pricft j***7 whcn, icc. and prays judgment of the faid writ, becauie he
in holy oiden. fays, that the (^!d defendant at the time of obtaining the original
and not a jreo- writ of the faid plaintiff in this caufe, and before and continually
*^ afterwards till this time was sind is a prieft in holv ordefs duly
conftitut^d, to witj at, &c. and not a yeoman; without this, that
the faid J. 0. is, of at the day of obtaining the faid writ or ever
fmce, was a yeonr»an, as by the (aid writ is above fuppoied } anrf
this, Lc* : wherefore be prays judgment of the (aid writ, and that
the 4nie may be quaihed* J. £yrs.
AND
ABATEMENT. 79
BoWERBAi^K 7 AND now at this day. that is to fay, p,^, jti abtt*.
againft >Tuefday next, after eight days of St. Hilary mcnt to the ju-
Walker. 3 in this f?iue Term, until which day the faid rilHiaion, a
J, W. and T. C. had leave to imparl to the faid bill, and then ^J" ^^ ^
to anfwer the feme, &c. as well the faid T. B. and Samuel by ^^^/jw^in
their faiJ attorney, as the faid James and T. C. in their own per- the mayWi
Ions, do come before our faid lord the king at Weft minder, and cMrtinLondoo,
the faid James and T, C fay, that the city of London is, and when the debt
from time imipcmorial hath been, an antient city, and that there « n<«*flE*a«**
now is, and time immemorial hath been, a certain cuftom ufed ^*
and approved within the iame city, that is to fay, that if any
perfon be indebted to any other perfon within the feme city in any
fum of money upon finiple contraft, without fpecialty made be-
tween fuch perfons within the faid cit^, that fuch perfons to whom
fuch fum of money was due and owing, may and can have and
maintain an adion of debt by original bill in the king's majefty*s
roiut, bolden before the mayor aad aldermen of the city of
'London, for Ac time being,: in the chamber of the Guildhall
Vithin the feme city, accordmg to the Cuftom of the faid city, ar
gainfl fuch perfons fo indebted, for the recovery of fuch fum of
money fo due and owing as aforefaid, and ihall and may, in fuch
original bill, count upon a conceffit fdverey that is to fay, the
grant and agreement of perfons indebted to pay fuch fum of mo-
ney fo due and owing as aforefaid, without fetting forth the fpe«
cial matter of fuch fimplc contraS ; which faid cuftom, and all
other cuftoms of the faid city obtained and ufed from the time
tforciaid, by the authority of parliament held at Weftminfter in
the fecond year of the reign of King Richard the Second, late
Kin* of England after the Conqueft, to the mayor and common-
alty'and citizens of the faid city, and their fucceflbrs, ratified and
confirmed ; and the find James and T. C. further fay, that hereto*
fore, to wit> on the tenth day of November, in the twenty-fixth
year of the reign of our fovcreign lord George the Thircj, now
idng of Great Britain, in the court of our faid lord the king,
hcldbciforeT. W.efquire, then mayor, -and the aldeVmen of the
£iid city, in the chamber of the Guildhall within the faid city, ac*
cording to the cuftom of the faid city, the faid T. B. and Samuel
affirmed a certain original bill againft the faid James and T. C,
furviving partners of P. Q^ deceafed, in a plea of debt of five
hundred pounds, upon demand, of lawful money of Great Britain,
for the recovery of the faid fum of five hundred pounds fuppofed
to be due to the faid T. B. and Samuel from the faid James and
T. C. as furviving partners as aforefaid, upon fimple contrail
without fpecialty made between the faid James and T. C. and
the faid P. Q^ in his life-time i and the faid T. B. and Samuel
within the faid city, arid the faid James and T. C. fay, that after
the affirmance of the faid bill original, the faid bill was removed *
from and out of the faid court before the mayor and aldermen
Hforefaid, into the court of our faid lord the king, before the king
hiaif> ;
So ABATEMENT,
hiiiifclF» by Virtue of his majefty's writ of habeas corpus cuflt
caufa iflfuing out of the faid laft-mentioned court, and returnable
therein immediately on the receipt whereof in Hilary Term now
laft pad; and thereupon the (aid T* !>. and Samuel have declared
againft the faid James and T. C. in manner and form af ^refaid^
without the confent and agreement of the faid James and T. C.
and this,&cv : whereupon they pray judgment of the faid declara-
tion, and that the fame may be qualhed, &c* [A general de«<
. murrer to, and joinder.
S. Shepherd*.
^gment ^~ ^^ which day*^ before our lord the king at Weftminfter, come
Ifcl!^t rf^ well the fiud phdntiift as the faid defendants, by their attor-
ftlpondcas on- nies aforefaid, and upon which all and fingalar the premifes be«
Mw^ ing feen, and by the Coui't underftood, and mature deliberation
being thereunto had, for that it feems to the court of our faid lord
the king here^ that the fame plea by the faid James and T» C. in .
manner and form aforesaid pleaded in abatement, and tBe matters
therein contained, are not fufficient in law to quafh the faid de-
claration of the faid 1\ B. and Samuel ; therefore it is confidered,
that the faid James and T, C. anfwer over to the faid declaration,
tec. And upon this the faid James and T. C. by their faid attor-
ney, come and defend the wrong and injury when, &c. and {ay,
that they did not undertake or promife in manner and form as the
laid T. B. and Samuel have in their faid declaration above com-
plained againft them ; and of this they put themfelves upon the
country, and the iaid T« P« and Samuel do the like : therefor^j
In naking up the nl/i prms reeord, I wife I think the defendant might, upda
Ihink it will be neceffary to (et out the a writ of error being brought, aflign for
declaration, |>lea in abatement, demur- error variance between the judgment itU
ter and judgment of refpondeat oufter, as and the plea roll.
ll^ wbolt itGord mua be Acwn^ •Chct- Dr^nm hy Mr. GkakaiI.
( «t 1
ACCOUNT
COMERSETSMlRE, towit: Robert Phlllipt, late of Part- Ded^ttftto k
* ^ lock, in the county aforefaid, yeoman, was fummoned to an'« account by tfat
fwer to William Clare, clerk, and Alice his wife, late Alice Phil- *»"f**"^ . •«*
lips, widow, in a plea that he render to him his reafonable account ^^ t!Sinf ii
for die time in which he was bailiff of the feid Alice, whilft common aih^'
Ihe was fole, and of the laid William and Alice, in right of the bailiff whilft Am
fiud Alice, after their intermarriage, &c. And thereupon the iidd ^^» ^^> **
William and Alice, by William Lee their attorney, fay, that '««of«n«^»*
Whereas the (aid Alice and the laid Robert, whilft flie the faid A. J^j^^Sif S
was ibie, to wit, on the tienth day of March in the year of our mamAgt.
lord 1740, and k)ng before, and f'om thence continually antil
her intermarriage with the faid William, held together ar^ undi-*
vkied, as tenants in common, a certai;i farm, confiding of anxf-
fuage and divers, to wit, thirty acres of land, ten acres of meadow^
aod ilxty acres of pafture, with the appurtenances, commonly call*
ed and known by the name of Weit Haddon, othcrwife Lower
Haddon, in the pariOi of Winsfdrd, in the county aforefaid, and
the faid Robert, during. all the time aforefaid, had the csLre fod
management of the whde tenements, to receive and take therents>
illiies, and profits thereof, and as bailiff of the faid AUce» of what
he received more than his juft ihare and proportion thereof, to
render a reafonable account thereof to the faid Alice, when he
fliould be thereunto required, according to the ftatute in fuch cafe 4. ^m, c |f ,
lately onade and provided :. and although the faid Robert, during £ a;.
all the tune aibreiaid, at the parifb of Winsford afer>efaid, hath n^
ceived more than bis juft (hare and proportion thereof, to wit» the
whole rents, iiTues, and profits of the faid tenements, with the ap*
purtenaoces, yd the (aid Robert, although often required, hath
jntiaidered his reiKbnable account in Siis behalf unto the (aid
Alice, wfailfi (be was (ble, nor to the faid William and Alice, or
to either of tbeim» (ince their intermarriage, but hath hitherto r«-
iiifed} and ftill rcfufes, contrary to the form of the faid ftatute.
And aijfo for this, that whereas the faid William and Alice, in
right of tbc (aid Alice and the laid Robert, afterwards, to wit, on J^^"^' ^
fhr twcagr-fourth day of June, in the year of Our Lord 1743, and ^^ ofwSc
iktofanr fcctiwd awtt flMp bk wnlani^ itatt <f prgfta flact the nDatriji|t«
Voir* L G from
kk ACCOUNT.
from thence continually hitherto, have held together and undi-
I vided, as tenants in common, the faid tenements, with the appur-
tenances, and the faid Robert, during all the time laft aforefaid,
had the care and management of the whole tenements . aforclaid,
with the appurtenances, to receive and lake the rents, iffues, and
profits thereof, and as bailiff cf the. f.nd William and .Alice, in
right of the (aid Alice, of what he the faid Robt-rt received more
than his juft fharc and proportion thtrtt f, lo render a rta-
fonable account to them, when at:jrv;ards he fbould be
thereunto required, according to the form of lue fiaiute in fuch
cafe made and provided: and althoujih the fviid Robert, during all
the time laft aforefaid, at tho laio paiiih cf Wiiisford, hath receiv-
ed more than his juft fhare and pic.portion tiieret«f, to wit, tbe
"Whc^le rents, iffucs, and profits c f the faid tcntn>c'nts, with the .
appurtenances, yet the faid Rc.bcrt (although cftcn rcqueftcd) halh
not rendered to the faid William and Alice, nor tocirher of them,
his reafonable account in this behalf, but hath hitherto rjcfufed,
and ftill refafcs, fo to do^ contrary to the form of the faid fia-
tute, whereby the faid William and Alice fay that they are preju-
diced, and have fuftaincd dJiv.age to the value of one hundred
pounds i and therefore cney bring their fuit, &c.
Dccv^atlon In WILLIAM BROOKS, late of, &c. and Jafon Shepherd, late
tocccunt by cne ^f^ ^^^ ^^j.^ fu^nioned to anfwer to Andrew Hartftiorn of a pica,
^s^v.a ^"two' " ^^*^ ^^^y render to him a reafonable account of the- time thnt they
oiiius, as hii vvere bailiffs of the faid Andrew in Crawley, in the parifti of
baii.ffs, for hiS Witney aforefaid, in the county aforefaid. And thereupon the
ihaic of tie faid Andrew, l)y James Jefforfon his attorney, fays, that whereas
rcnw of an ^^^ f^jj vVilliam and Jafon, on the firft day of May, which w?.s
ftatute4. Anre, ^"^ ^he year of Our Lord 1756, and contmually from thence until
c. 16. f, »7. • the fixth day of May, anno Domini 1761, were together jointly
the bailiffs of the /aid Andrew for and during all the faid time,
taking and receiving all the iffties and profits of one meffuage or
tenement, with the fnllin]; mills, miU-ftocks, and utenl'ils thereto
belonging, called and known by the nanc of Cn-wley Mills, and
of a piece or parcel of meadow ground, called the Ham, contain-
ing by eftimation two acres, and of fevcn acres of meadow ground,
and of one acre and an half of meadow ground, and of
one acre and an ha'f of coppice, with the appurtenances,
fituate, lying, and being in Ciawley, in the pa;iih of Witney
aforeiaid, in the faid county of Oxford, whereof the falJ Andrew
and the iaid Williani ard Jafon were jointly pofteffcd f<»r a certain
term of ycar^, to the common profit of them the faid Andrew
and tJ.e faid VVil^am and Jafon, and to render a reafonable ac-
count theriof to the faid Andrrw, when they the faid Wilhaoi
and Jafon (hould be thereunto required by the laid Andrew : ne-
vertndels the faid William and Jafon (although ofttn requeued)
have not, nor hath either of them, rendered a reafonable account
thereof to the faid Andrew, but to render the fame have, and each
of
r
ACCOUNT. 83
of them batln, wholly denied, and ftill do, and each of them doth*
dcnjtorenderhimthciame. < Damages five hundred pounds, &c.
.«
PEMBROKESHIRE, Jf. John Campbell Hook, efquire, a Declaration m
debtor of our faid lord the now king, comcth before the barons of ^^® ^J^^"^^^^^^
the Exchequer, on the day of (in the ufual Exchequer ^^^^^^^ \' J^e
form) of a plea, that he render to (he faid John Campbell a rca- tenaat in com-
Ibpable account of the time wherein he was bailiff of the faid John mon againft
Campbell, in the parifh of Angel, in the faid county of Pembroke j another.
for that whereas the faid C. D. on the firft ciay of January, anno
Domini 1764, and from thence continually until the day of the exhi-
biting of the bill of the faid John Campbell, was baililT of the
laid John Campbell for a certain farm or tenement, confifting of
divers, to wit, one mefluage, two barns, two (tables, two or-
chards, two gardens, one hundred acres of la:^.d, forty acres of
pafture, forty acres of wood, forty acres of underwood, with the
appurtenances, called Horii Farm, otherwife Horn Tenement,
otherwife Court- houfc Farm, fituate, lying, and being in the faid
parifl) of Angel, in the faid county of Pembroke, for and during
all the time taking and receiving the ifTues and profits thereof, and
whereof the faid John.- Campbell and the faid C. D« were feifed
undividedly, as tenants in common, to wit, in their demefne as
of fee, that is to fay, the faid John Campbell of one undivided
moiety or half part thereof, and. the faid C. D. of the other un-^*
divided moiety or half part thereof, to the comtiion profit of them
the &id John Campbell and the faid C. D. and to render a rea.-
fonable account thereof to the faid John Campbell, wlien he the
faid C. D. (hould be thereto afterwards requeued ; yet the faid
C. D. (although reque(ied) hath not rendered any reafonahle or
other account thereof, or of any part thereof, for the time afore-
faid, or for any part thereof, to the faid John Caupbell, but hath
hitherto wholly refufed, and ftill refufes, to render the fa:ne to him.
Damages, &€#
LANCASHIRE, (f. John Shter complains of WilJiamHill, E^ecIaratJon ia
being in the cuftody of the marfhal of the marftialfea of our lord ? *^:"?^.^r*
I i • \ c L » • 1 • /• 1 r • I I . 1 °y o^* joint ic-
tne now king, before the king hjnjlelf, ma plea, thatne render to namagairftan-
bim a reafonable account of the time that he was bailiff to the othtr» for re«>
faid John at Ribcheftcr, in the county of Lancafter ; for that c^*ving more
whereas the faid John and William heretofore, to wit, on the *!^"*^'\^*^*°^
firft day of January, in the year of Our Lord 1788, and continu- g!. ^^^
ally from thence until the commencement of this fuit, have held SceildC.4.Annc,
together, ^as joint-tenants, a certain tenement, coniifting of [here c i6. f. 17. S€«
dcfcribc the premifes at the time of the demife by the defendant to ^^^ '^J^^'
the prefent tenant, with convenient certainty, as nearly as fuppof-
cdto be fet out in the leafe] \ and the faid William, during all
the time aforeiaid, had the care and management of the whole of
tbe (aid tenement, with the appurtenances, to receive and take the
G 2 rents.
•4
ACCOUNT-
rents, (flues, and profits thereof, and as bailifF of the faid John, of
ivhat be received more than his juft (bare and proportion of the
(aid rents, iilbes, and profits, to render a reafonable account there-
of to the faid John, when he the laid William (hould be there*
unto required, according to the ftatute in fuch cafe made and pro«
vided> -and although the faid William, during the time aforefoid,
at Ribchefter aforcfaid, in the county aforeiaid, hath received more
than his juft ihare and proportion, to wit, the whole of the i^id
rents, iilues, and profits of the faid tenement, with the appurte«>
nances, yet the faid William, although often requefted, hath not
rendered his reafonable account in this behalf to the faid John, but
hath hitherto refufed, and dill refufes, to the damaee of the iaid
John of twenty pounds, and therefore he brings his fuit, &c.
Hedges, &c* . Tho. Bajlkow.
Cpinion upontbc ft)ll6wintp catt. Qa.
"Whether a ieafe by Pyc to the
plaintiff and defendant of a une-
naenty and anicles of co -partner*
(hip under ftal, between pla«nt:ff^
defendant, and Pyc, Wixh a pe-
nalty of foity pounds, to compel
tlieir perfrntnancc, upon the feme
fliect of pAper, require one ilamp
or two? and whut remedy
ha* one joirt -tenant a^Mnft ano»
ther whs receiver aU the rents ?
1 Think the anidescf agreement Cor
iht co-partneribip are not binding upon
the patties for want of a fepai'ate (lamp;
ior one flamp will tu>t be fufficient for
two ieparate de'idt, whkh Uie kafe and
articles certainly are in their own nature,
and which they import to be by being
comjdete in themfelves under different
feais of different dates, and differ tn^ in
their fubjefi matter. The only qurftion
Clierefore as to the validity of each wiU
be, <« Which was firA«xA-a/n/r* And
tt the Ieafe ftands hii\ u pen the paper, is
d a prior date to the arti Jei^and is nfer.
red to by them, I take it for granted thai
it was firl\ executed : for thefe reaforn I
take the Ieafe to be a good one ; and if
fo, Slater and Hii! arc ja'/ f tansxu of tbf
prcni.iis thereby demifrd to them. An|
thougti SLter has not aiT.nted to the dc-
mifc by HiU, and therefore is not bound
by it, yet 1 think if lie can prove that
Hill has received any rent, he will be en.
titled to recover his (hnre of it from HiS
in an a^Ion'' of Account, by virtve of the
ftatute of 4. Anne, c. 10. f. 27. Imufl
ohfcrve however, that though the articki
of co-panntrHiip are net binding, the
affignees of Pye will be entitled to ibart
with Slater hnd liill the ftbck in trade}
for as to that, they became j<^m pn>-
prietof s by the purchase of it jointly. At
the articles are not Aamped, 1 am of opi-
nion neither of the parties can maintain
an a A ten arainA the ether for tlie penal,
ty contained in tlicm : but they may be
at any time made ^ood hy trrr p ymeoK
of tiie penalty at the Stamp>office, and
having them'Aampcd.
Tii«. Bab sow.
De^afation ix^
acaount by
plaintiff, an in-
fant, h^ frocbdn
ami, agamft de •
fendant, for not
accounting for
the rents of lands
which were held
as tenants in
common.
HEREFORDSHIRE,/ Samuel Fincher v. John Warburr
ton, &c in a plea, that he render to him his reafoniblc account for
the time in which he was bailiff of the faid Samuel in the feveral
parifties of H. and I. in the faid county of H. And thereupoa
the (aid Samuel, by A. B. his attorney, who is admitted by the
court of our lord the king here to profecute fox the faid Samud.
who Is an infant within the age of twenty-one years, as the nexi
friend of the iaid Samuel; complains, fpr that w:herea$ the fai^
Joh%
ACCOUNT.
John, and Margaret his wife, in right of the faid Margaret and
the faid Samuel, and divers other peifons whofe names arc to the
&d Samuel unknown, heretofore, to wit, on, Sec. and long before^
ami from thence continually hitherto have held together as tenants
in common certain premifes, to wit, ten meiTuages, ten cottages,
two hundred acres of land, one hundred acres of meadow, one
hundred acres of pafturc, and one hundred acres of wood, with the
appurtenances, in the faid fcveral pariflies of H* and I. in the -
county aforefoid, and the faid John, during all the time afore(aid;
had the care and management of the whole tenements aforefaid, to
receive and take the rents, ifllies, and profits, and as bailiff of the
£rid Samuel, of what he received more than his juft {hare and pro-
portion thereof, to render a reafonabrw* account thereof to the (ai<)
Samuel, and his ihare thereof, when he (hould be thereto requeft-
ed, according to the ftatu e in fuch cafe made and provided; and
although the laid John, during all the time aforefaid, at the feveral
parilhes aforefaid, hath received more than his juft ihare and pro-
portion thereof, to wit, the whole rent, ifTues, and profits of the
(aid tenements, with the appurtenances, yet the faid John, al*
though often requefted, hath not rendered a reafonable account to
the faid Samuel, but he fo to do hath hitherto whc^ly refufed, and
iHIJ refufes, contr^iry to the form of the aforefaid liatute. And 2d count at fl»«
whereas the faid John and Margaret his wifey in right a/ the faid nant in cmn»
Margaret^ and the faid Samuel heretofore, to wit, on, ice. and ^fj!^ ""*
from thence continual/ hitherto have held tozether, as tenants in ^.^/ .^ *L-
common, divers, to wit, two undivided nve parts or certam other premifes, Um,
premifes, to wit, ten other mefi'uages, &c. with the appurtenances,
in the faid feveral paritlies or H. and I. in the county aforefaid,
and the faid John, darin-j; all the time aforefaid, had the care and
management of the whole of the faid two undivided five parts of
the tenements laft aforeiaid, to receive and take the rents, ifTues^
and profits thereof, and as bailiff of the faid Samuel, of what he
received more than his juft ihare and proportion thereof, to render
a reabnable account to the faid Samuel^ when he flxould be thereto
frauefled, according to the ftatute in fuch cafe made and pro-
vided : and although the faid John, during all the time laft afore**
laid, at the feveral pari&ea aforefaid, hath received more than his
juft fhare and proportion thereof, to wit, the whole rent, ifTueSj^
and profits of the laid two undivided five parts of the faid laft-
mentioned tenements, with the appurtenances, yet the (aid John,
although often requefted, hath not rendered fuch reafonable ac«
count to the faid oamuel^ but he fo to do hath hitherto wholly re*
fttfed^ sui4 ftill refufes, contrary to the form of the aforefaid flatute;
And wher^«s^S(c. (this count the fame as the laft, only omitting 3d count*
what is in italic]^ - An4 whereas the faid John heretofore, to wit, 4th count of ont
on, &c. and from thoice continually hitherto^ at the faid feveral undivided flfui
Crilhcs rf H. and L in the gounty aforefaid, was and hath been ^j^ "*^
iliff to the faid Samuel of otvc undivided fifth part of certain ^"^ *
ftber prem^es^ tq wit,^ ten od^er ^e0Ua^es> &C. with the appur-
Q % tenances^
86 ACCOUNT.
«
tcnanccs, in the faid fcvcral parifhes of H. and I. in the countj
aforefaid, and the rents, iffues, and profits thereof, for and during
all that time received and had, to render a reafonable account
thereof to the faid Samuel when he ihould be thereto requefted ;
yet the faid John, although often requelled, hath not rendered a
reaf mable account to him the Oid Samuel, but he fo to do
hath hitherto wholly refufed, and ftill refufes, to the damage of
the (aid Samuel of two hundred pounds, and therefore he brings
bis fuit, &c. V. Lawes*
Dcchri^ion in JOHN STILL, executor of the Ja/i will and tc/iament of N, 5»
account Ky«* his iate brother^ deceafed^ complains of Simpfon Still, being. &c*
cut^ of unantvn ^f ^ j ^^^ ^j^^^ ^^ ^^^^^^ ^^ ^^ ^^jj j^^^^^^ txecutor OS aforefoidy a
iffuc- and pro- realonabl:: account of the time durmg which he has been, orwas^
fits of three un- the bail iff of the faid John, or of the faid N. in his lifetitWj m
diviHcd fourth the feveral pirilhcs of Cowdon and Eaton-bridge in the faid
parts againftde county of K. ; for that whereas the faid Simpfon, i)i the lifetime of
hff *"ift*cc''nt^^*y^''' ^ '^ ^•^•^' °^^' ^-- ^^^ continually from thence until the
as executor, ad, time of exhibiting, &c. or until^ ^c. or; "jchich day the faid N»
in his own right, diedy to wit^ at^ ^c was th? bailiff of the faid John, or of the faid
Nicholas^ for and during all that time taking and receiving all the
ilfues and profits of one birn, &c. with the- appurtenances, called
or known by the name of, &c. fituate, ftandtng, lying, and being
in the feveral parilhes of Cowdon and Eaton-bridge aforefaid, in
the laivi county v>f Kent, wherev>f the faid John, or Nlcholasj and
, Simpfon, in the ifetime of ths faid Nicholas^ were feifed in their
demjfnc as of fee undividt^dly as tenants in common, to wit, the
faid John, or Nicholas^ of three undivided fourth parts, and the
faid Simpfon of the other undivided fjurth part thereof, to the
common benefit of them the OJJ J )hn, or Nicholas^ and Simpfon,
and to render a realonahle acc.m.it thereof to the faid John, or to
the faid Nicholas^ in his lifetine^ whcjn he the faid Sknpfon thouM
'be thereu.ito recjucifcd ; yet the faid SimpPni, although ofcen re-
queued, iuth not rendered a r.af^nable account thereof to the
faid Nicholas in his lifetime, or :o the faid Johciy executor as afore^
faidy Jince the death of ths faid Nicholas^ but to render the fame
hach hitlVerto wholly refufed, and itil doth refafe, to render thefanu
to the faii John^ executor as aforefaid^ to the damage of the faid
John, executor as aforefaidy of T. [2d. count,
O'.itting the words in italic] and therefore he brings fuit) &c«
\Profert in curia of the letters teftamentaryj Pledges.
Declaration by DURHAM, ff John Hunter, and Elizaboth his wife, com-
hutbard and ^>x^ of John Luifley, being in the cuflody of the marihai of the
w.f> , -:a ml a j^^p^jj jfg^ ^f ^m^ ibveteign the now kinfl\ before the kina: him-
tcnant in corn o , . , . o' . . :^ .
moo wiUi ihc wjc, of a copyhold eftate.
feir,
ACCOUNT, |7
falf, of a plea, that he render to the (aid John, and Elizabeth his
imfc, a reaTcnable accounc of the time wherein he was bailifF to
the faid John H. and Elizabeth his wife, at Rvton in the faid county
of Duiham ; fcr that whereas the faid John Luifley, on the fecond
day of, February, ar.no Domioi 1768, v/as bailiff of the (aid John
Hunter and Elizabeth his wif* or three mefluages, three cottages,
and two acres of land, with the appurtenances^ fituate and being
at Kyton- aforefaid, within the manor of Chefter, in the faid
county of Durhamv and* parcel of that manor, for and during all
that time caking, and r^c^ving the iffues and profits thereof, and
whereof the faid John Hunter aitd Elizabeth his wife, in right of
the faid Elizabeth, and the Lid John Luifley, were individually,
and as tenants in common. fc:ft.d> to wit, in their demefne as of
fee at the will of the lord, according to the cuftom of the faid ma-
lifXy that is to fay, the laid John Hunter and Elizabeth his wife, in
right of the faid Elizabeth, of one undivided moiety thereof, and
the iaid John Luiflpy of the other undivided moiety thereof,, to the
common profit of them the faid John Hunter and Elizabeth his
wife, and the faid John Luifley, and to render a reafoixable account
thereof to the faid John Hunter and Elizabeth his wife, when he
ihould be tV.ereto aUcrwards requefted ; yet the faid John Luifley,
although often requeued, h;;th n^t yet rendered any reafonable or
other accounc thereof, or of any part tlureof for the time afore-
laid, or for any part thereof, to the faid John Hunter and Eliza*
beth his wife, or to either of them, but hath hitherto wholly re- •
fufcd, and ftili doth rcfufe to render the fame to them; wherefore
the faid John Hunter and Elizabeth his wife fay that they are
injured, and haye fuftained damage to the value of twenty poundsj
tod therefore they bring their fait, Pledges, ^c.
Kp ball In this allien till after ^udgm^nt fwd comfutct^ x. Lev. 300.
CITY OF BRISTOL,/ J. M. COmplaiiW againft Q. H. Declaration 9^
b*ing, &c. in a plea, that \\z icncfer to the faid J. a reafonable ac- g^ft a bailiff
count of the time in which he v/as bailiff d the faid J. for this, to ^^ ^ «-
wit, that whereas the faid G. from the twv^nty-feventh' day of ^^' ^;^^*^
May,in the year of Our Lord 1740, until the firlt day of Oftober mcrchindizev
in the year of Our Lord X743> at the city of Rriltol aforeiaid, in the
county of the feme; city, was the bail' /F of the faid J. and during
dut time had there the care and adnviuftration of divers goods
arid merchandizes of the laid J. to wit, two hundred and twenty-
two grofs of corks and ^ight caflcs of the faid J, of the value of
twenty pounds of lawful moiiiey of Great Biitain> to be merchan-
dized and made profit of for the faid G, to render account for the
feme to the did J. when he (hould be thereunto after required i
yet the faid Q. although often required^ hath not rendered a rea-
fonabje account for the fame to the (aid J. but hath hitherto alto-*
SVr refufed) and ftill doth it^yjit fo to do, to the damage of diQ
j[. of t^renty pounds, and therefoi:e hja' brings his (uit^
-* ' • .
S« A C C O U N T*
Pka Uut the ^"^ ^ ^^ ^* ^7 J* ^^* ^^^ attorney, OMnfiSsand defend
foods were de- ^VToxig and injury when, &c« and (ays, that the faid J. oitght n«t
Aroyad by fire, txs have his faid action againft hixn, becaufe he IzySj that true it
is that he the faid G. bad the care and adminiftration of the (aid
goods and merchandizes of the (kid J. to be merchandiascd and
made profits of for the faid J. to render a reafonable account for the
(ame to the faid J. as the faid J. hath in and by his iaid decia* .
ration above Cuppofcd ; neverthelefs the iiid G. for plea, iays, tiiat
after the delivery of the faid goods and merchandizes to the iaid G.
for the purpofe aforsfaid, and before the (aid G. could feil or
merchandize the (aid goods and merchandizes, or any part ther6-
cf^ or could make any profit thereof for the faid J. to wit, on the
tenth day of September 1740 aforefaid, the (aid goods atid mer-
chandize were cafualJy deftrojird by lire without the negled: or de-
fault of the faid G« to wit, at the city of fi. aforefaid> and tiiit*
&e» wherefore, &c.
llep1ieitioo,that And the faid J, (ays, that by reafon of any thing in the (aid
^£^ i^^h* P^*^* ^ ^^^ aoove alhdgcdj he ought not to be barred from
JJJI^^^ ^ having and nuintaining his account aforcfaid againft Him, be-
caufe he (ays, that the faid goods and merchandizes were not ca-
fually deftroyed by (ire without the negleti or default of the (aid
Gr. as by his faid plea he hath above a&dged \ and. this be prays
may be enquired of by the country, &c.
Declaration by YORKSHIRE,/ D. E. adminiftratrix of all and fin-
tM^M^^aLnt ?S^^^ *^ goods and chattels, rights and credits which were of
aSbaiLff if her * • **-• ^^^ '^^^ hufband deceafed, at the time of his death, who
fao(l>and ot the died inteftate, comnlains of O. Q being, kc. in a plea, that he
moiety of pre- render to the faid D. his reafonable accou'nt from the time that he
^^ was bailiff of the (aid T. for this, to wit, that whereas the faid
O. on the twenty-ninth day of September, ijn the year of Our Lord
1747, at B. in the faid county of York, was oailifF of the faid
T. of the moiety of one meSiUge called by the name of Weft
Fryer Boufe, and forty acres of land, forty acres of n^eadow, and
forty acres of pafture, with the appurtenances in B. afore(aid, in
the faid county of York, which premifes the faid O. had, from
the faid twenty-ninth of September 1747> to the twenty-nindi of
April 17481 and for all the fame time had and received the i(rues
and pronts of the faid moiety of tlic faid meffuage imd tenement
aforelaid, to render his reafonable account thereof to the faid T.
in his life-time, when he (hould be thereunto reqiie(^ed; never-
thelefs the faid O. although often requeued, that rea/bnabic a,c-
count to the faid T. in his life-time, or to the faid D. fince
the deccafe of the fwd T. to which faid D. adminiftration of all
and fmgular the goods, chattels, /ights and credits which were of
the (aid T. at the time of his death, by W.W, doflorof laws,
commilTary and keeper general of the exchequer and pre-
rogative court of the moft reverend (ather in God M. by divine
Providence, Lord Archbiihop of York, primate of England an4
vetropohtan, to whom the granting of that adminiftration of
"8^
A C CO U NT. if
irigHt did bdong, fincc the deceafe of the faid T. that is to fay, xxtk
fhc fourteenth of Odtober 1749, at B. aforcfaid, in due form of
law was committed, hath not rendered, but he the faid T. to ren-
der fuch reafnnable account to the faid T. in hus !^e-time altoge.
tbfcr denied, and die fstme to render to the faid D. ever fince the
denafe of the faid T. hitherto hadi altogether denied, and ilill
doch deny; whereopon the faid D. fays ihe is injured, and hatfa
damaije to the value of twenty pounds, and thereof fhe brings
fuit, &c. And the faid D. brjngs into court here the letters of ad-
miniftration aforefaid, granted to theikid D. by which it appears
to the court here, that the faid D. is adminiftratrix of all and fin-*
gular ihe goods, chattels, rights and credits which were of the
&id T. her late hofl^and deeeafod, at the time of his death, the
jiate whereof is the fame day at>4 y^^ for that purpofe men-
tioned. '^
G. B. by D« E. widow, his motfaeri who is admittf d by the i^cdantiM ibp
icourt of our lord the king here to profecute for the (kid G. who is ^&^* *^? ^""^
under tbe age of twenty-one years, as next friend of the (aid tndu^a^^
O. complains againfl T, G. being, &c. in a plea, that he ren- ofmoie^^fpSv
der to the faid G. his reafonable acoount from the time that mifts. #
he was bailiff of tbe faid G. for this, to wit, that whereas the faicf
T. on the Btik day of May 1748, at B. in the county of York,
was bailifF of the faid G. of the moiety of one mefluage called
by the name of Wett Fryer Houfe, and of forty acres of land,
forty acres of meadow, and ten acres of pafture, with the ap«>
parcenances in B. aforelaid^ in the laid county of York, which
pttmifes the fiiid V. had, from the firft day of May until the feventh
day of June 1780^ and for all ^he fame time had and received the
iiuies and profits of the faid moiety of the faid meiTuage and tene-«
meat afere&id, to render his reafonable account thereof to the fkid
G» when be Ihould be thereto requeued; neverthelels the (aid'
T. although often requefted> that reafonable account to die faid G*
hacli not rendered, but the fame to him to render hath hitherto alto-
gedier refufed, a^ ftill doSth refufe, to the damage of the faid G«
pf the faid two hundred poun(|s $ and therefore he brings fuit, &c.
KENT,^ James JefRrys v. Richard Hares, &c. in a plea, that Aftlon of ae«
berenderto him a reafonable account forthe time that he was bailifF count by ons
of the faut James ; for that whereas he the faid defendant for a long i*>*"^ *"""'
ttmc, to wit, from the firft day of June, anns Domini 175^, un- '^*"J^"***^;
til, &C. at, ilc. waiS proprietor of one undivided moiety and bailiff <JIivedty^tttos
of^tiie faid pfaintiff of the other undivided moiety of a certain marc, a nun to hire.
and dttrihg that doie had die care and management of the faid Statute 4 Anne,
mire^ and the letting out to hire of the faid mare for the advan- *• '^. ^J^^'
tage and profit of the laid defendant and plaintiff, to render a rea- ^^ * t^^Im
fbnable account thereof to the faid plaintiff when he fhould be and com. ois!
fheirto afterwards requefled; yet the faid defendant, although vol. i 96. B.*
ofiea requeiled, hath not yet rendered the faid reasonable account ^ ^^P* *7^*
trthe £ud piamtiff, but he fo to do hath hitherto wh(4ly refufed,
tfl&ftiil lefujes, to the faid plaintiff his damage of flxty poimds;
tod therefore be brings fuit, ftc* Pledges, iuu
( 90 )
GENEKAL INDEBITATUS
ASSUMPSIT.
■y^«wi
On awards.
K''n «ner^ VjlDDLESEX, to wit. J. R. clerfc, and A. J. cx«niK«
wiMifatit9 #/: ^f f^^ ^^^ ^^'^M and teftarpfnt of Ivlary H. deceaicd, com--
fampfi by earc pbin a;:2inft Ifabclb H. being, &c. for that whereas oa the iitii
tutors dgainft in (Jay of June, A. D. 1784, at, &c. aforefaid, divers difputes, dif-
i*«»ft:itrairix ferenC'^5>» and controveiftes had arifen, aaJ were then aivl there
*nt^Tinto.*hy depending between the faid Mary H. in her lifetime, and one
trftator and in- Jolm Hughcsj and thereupon, for the putting an end to the iai4
«eAate in their (Jifputes, differences, and controverUes, the faid Mary H. in her
t€fi caivc hie lifetime and the faid John H, on the fame day and year, at, &c«
^""*' afore&id, fahmittcd themf^lves jo ftand to the award, order^ ar-.
bitrament, final end and determination of F. W. of, &c» an4
R. G. of) &(c. arbitrators indifferently named, ele^ed, and cho«
fen, as well on the part and behalf of the faid John H. as of the
(aid Mary H. to arbitrate, award} order, judge, and deter /i.ine of
and concerning the faid difputes, differences, and controverlies,
fo as the award (hould be made in writing ready to be delivered on
or before the 24th day of September then next enfuing ; and
whereas afterwards, and within the time in that behalf limited f6r
th$ laid F« W. and R. G. to make their award coiicerning the pre<-
Biifes as aforefaid, to wit, on the (aid twenty-fourth day of Sep*
tember, A. p. 1764, tl\e faid F. W. and R. G. in due nxanner
made their award, order, and determination in writing of and
^oncert)ing the premifes fo referred to them as aforeC^id* theix
ready to be delivered to the faid Mary H. and John H. and be^^r*
ing date the day and yeai,r laft afoiefaid; whereby the faid F« W.
and R. G* did then an^ there^ among(l other things award and
Order that the faid John H h.is hoirs, executors, or adminiftra-
tors, (bould^ on or before the ^5th of March next enfuing the date
of the (aid award, weU and truly pay, or c^ufe to be ptaid unto tho
faid Mary H* her executors, adn\iniftrators, or aitigns, the fum of
nine hundred and eighty-three pounds and twopence halfpenny^
with intereft for the fame after the rate of foiir pounds by the hun-
dred by the ye^ frpixi the day of the date of tjie faid award ^ ^nd
the faid F. W. and K,. G« did then and there by their faid awacd
fartlxqr awa^d «ixd Qr4«^j: tba^t the (aid Jo^n H* Ihould wit;hio the
ASSUMPSIT GENERAL— On AWARDS. ^••
fpace of one month th^n nsxt enfuing execute to the faid MaryH.
igenere] rcleafeof ail ai^ions, fuits, damages, accounts, reckon-
ings, and demands whatfocver, from the beginning of the world to
the day of the date of the therein recited bonds of arbitration!
and that the faid Mary H. (hould within the fame time in like
manner execute to the faid John H. a like general releafe of all
adioni:, fuits, damages^ accounts, reckonings, and demands what-
foever, from the beginning of the world to the day of the date of
the (iaid recited bonds of arbitration ; of all which faid premifes^
he the faid John H. afterwards, lo wit, on* the twenty feventh day
of September in the year afureiaid, at, &c. aforefaid, had notice :
and the faid J. and A. in fa£t fay, that the faid John H. afterwards,
and after the making of the faid award, to wit, on the ift day of
Odober, A D. 1 765, at, &c. aforefaid, died inteftate, pofleHcd of
and entitled unto divers gocds, chattels, and effeds of great valuei
to wit, of the value of three thoufand pounds i and the faid J. and
A. further iay, that admmift'ration of all arid fingular the goods,
chattels, and credits, which were the goods, chattels, and credits
of the laid John H. at the time of his death, after the death of the
£ud John Hughes, to wit, on, &c. at ^c. aforefaid, by F. by
divine Providence archbifbop of Canterbury, primate of all
England and metropolitan, was in due manner committed to the
bid Ka^iella, to wit, at, &c. afore(aid ; and by virtue thereof (ho
the faid Ifabella, to wit, on the day and yeai' laft aforefaid, at, &c.
aforefaid, became and was poflefled of divers goods and chattels,
Vhich were the goods and chattels of the faid John H. at the time
of his dpa(h : and the faid J. and A. further fay, that the faid Mary
li. afterwards, to wjt, on, &c. at, ice. aforefaid, made her laft will
and tedament \n writing, and thereby conftituted and appointed
them the faid J. and A* e^i^ecutors thereof; and afterwards, to
wit, on the day and year laft aforefaid, at, &c. aforefaid, died ;
and the (aid J. arid A. further fay, that the faid fum of nine
hundred and eighty-three pounds and twopence half^^ennv, in the
&id award mentioned, at the time of the death of the (aid Mary
H. was wholly due and owing and unpaid to the faid M:;ry H. :
by reafon of which prcmifes the faid Ifabella as adminiftratrix as
albrefaid, became liable to pay to the (aid J. and A, as executors
as aforc(aid, the faid fum of nine hundred and eighty-three pounds
and twopence halfpenny, in the faid award mentioned, together '
with intereft for the fame front the day of the date of the faid
award after the rate of four pouqds per cent per annum ; and
Seing fo liable, (he the (aid Ilabella in cor^fidcration thereof, after«
Var£, to wit, on the day and year laft aforefaid, at. Sec. aforefaid,
undertook, and faithfully promrfed the (aid J. and A. to pay them
tbt (aid fum of money in the (aid award mentioned, together with
intereft for the fame as aforel^id, when (be the faid Ifabella (hould
be thereto afterwards requeited. And whereas the faid Ifabella, id count nni«
as adminiftratrix of the faid John H. as aforefaid, afterwards, to general*
wit. on (he lltb day of June, A* ^* <77A> «^> &c. aforefaid, was
' . ^ indebted
n ASSUMPSIT GENERAL.— OrJ AWARDS..
inSbbted t6 the &id J» and A. as executors of the fatd Mary H*
as aforefnid, in one thoufand pounds of lawful, &c. upon and by
virtue of a certiin other award made by the faid F. W« and R. G«
upon and in purfuance of a certain other fabmiiiion before
that tit?ie made by the faid John H. and Mary H. to the awards
^t-deri arbitram^m, final end^ and determination of the faid F. W.
and R. G*. of. and concerning all and all manner of a^ion and-
tdicns, caufe and caufes of action, fuitSi bills, bonds,, fpecialties*
jjudgments, executions, extents, quarre)5» controverixes, trefpafles,
damages, and demands whatfoever, at any time or times before the'
Aid lad mentioned fubmiffion had, made, moved^ brought, com*
menced, profecuted, done, amd fuffered, committed or depending
by or between them or either of them } and being fo indebted»
^c. [promifc to pay]. 3d count, for money had and received-
by the defendant as adminiftratrix^ to the plaintifPs ufe; and com**
ihon conclufion to all the counts, ** that defendant bad not paid
^ fcvcral fums of itiooey to the plaintiffs as executors." (Fo(
conclufions to decliiration8> in AiTumpfit, fee beginning and end<«
ing^ to DedarationSi) Damaj^ two bundred pbundi*
pedaratioR m SALOP, ^' Robert Hale complains of John Chaj^lton Kin-
i^J«t-T«r"'lA diant, efquirc, being, &c. for that wiicreas, before the m.:l:ing of
Jumffit on «n ai ^^^ prbniifc and undertaking of -the faid dcfend^int, hereafter next
wtr^ i Pli.ntitf, mentioned, to wit, on, &c. at, &c.. divers difputcs and diiFerences
tfurvtyv, had bad arifen and were then fubfifting between the faid Robert and'
ttken forveyi ^j^g f^j^j Jq||,^ Charlton, and anaftionUad been thereupon brought,
^ defeLian"! *"^ ^^* depending in his majefty*s court of King's Bench at'
•ftite with a ^Veft'minfter, in the county of MiddletfXi by and at the fuit <it
l^cia) oouncy at the raid Robert, againft the faid John Charlton, touching and'
jVAdcr. coh^erning a certain demand of him the (aid Robert agaihft the
ftid John Charlton, to a large amount, to wit, to the amount of
One hundred pounds of lawful money of Great Britain;
dn account of which faid demand he the faid Robert had
before then delivered to the faid John Charlton a certain bill con-
filling of feveral items, and (amoh^lt other items in the laid bill
(Contained) there was a certain item of, &c. fof the furvey and
plait of a certain eflate, called Park Edate, befqre then made by
Him the faid Robert for him the faid John Charlton; and where-
as, fbr the putting an end to the faid di(putes and differences, cti^
(ji J Robert ^nd the faid John Charlton^ before the making of tb<(
[fronife and undertaking of the faid John Lharlton hereaftefr next
^<;ntiofied, to wit, on the day and year aforefaid, at,^ 2^ aforew
bid, fiibiiitced themfelvas to the award, order, arbitranmit, final
eh J, aiid determination of one J. L. gentleman, an arbitratot^
ihdifFcrently named, eledled, and chofen, as well oh the part aiM^
h'tiialf of tAe laid Robert, as of the faid John Charttof), tb arbi-^
trate, a'wurd, order, judge, and determine of and concernin{|^
the faid difputes and dif^rcuces : and whereas,afterwards', to ^t,on9
&c« atf ^^' ^^ (aid* J; L* the arbitrator afc>rcfaid> having taketji upon
hiixdjdV
ASSUMPSIT GENERAL.— Ok AWARDS. 43
tiiinfeir die burthen of the faid arbitration^ in due manner made
his award and determination in writing, of and concerning; the
premifes fo referred to him as aforefaid, bearing date the day and
jear laft aforefaid, and thereby then and there awarded and de«
dared that he bad examined fcveral witnefies on the fubje6t of the
laid Robert's demand on the faid John Charkon, and thought the
laid Robert had fufficiently eftablilhed the feveral items of his faid
bill, la?e the (aid item of, &c* for a furvfey and plan of Park
Eftate afbre&id r and as to that item the faid Robert had agreed to
dedud, &c. : and the (aid L. further awarded and declared, that he
kui taxed and fettled the bill of cpfts (that is to fgy, the faid
Robert's bill of cods in the faid aSion fo depending as aforelaid)
at fixteen pounds eleven (hillings and twopence, fo that the
(aid Robert's then prefent demand would (land as underoeatht
(diat is to fay, as the fame was and is ftaced underneath the faid
.avard), the balance amounting to thirty*one pounds nine fliil«
lings and three*pence, as by the laid award more fully appears ;
of which (aid award die £iid John Charlton afterwards, to v/it>
on the day, &c. aforefaid, at, &c. aforefaid, had notice : by reafon
of which faid feveral premifes the faid John C. became liable to
Ey to the (aid Robert the faid fum of thirty-one pounds nine (hil-
igsand three pence, fo awarded to him as aforefaid^ when he t[;e
laid John C. Ihould be thereto afterwards requefted ; and being
(•liable he the faid John C undertook, ice. Another count
ttpon another awacd in another aSion. And whereas, before th.e ATpetfal cooac
making of the promife and undertaking of the faid John C. here- ^^^ «n«i«y ift
after next mentioned, ccruin articles had been entered into be^ ^Jj^jjj*^ ^
tHTccn hioa the faid John C. and B. Oliver, and the reverend Mr. Seetiwt2eaduiu
Palefton, and divers other perfons, for the fighting of a main of der Special AC.
cocks at a certain place called Whitchurch, in the faid county of (umpflt
$alopi and thereupon heretofore, to wit, on the 8th day of Junes
A. D. 1778, at S. aforelaid, in the county aforefaid, inconfidera*
tioo that the (aid Robert, at the fpecial infiance of the faid J. C.
would do every thing contained in the faid articles on the belialf of
hiod the faid John C* and would indemnify him from all .covenam^
and agreements therein on his part, he the faid John C. then An4
there undertook and faithfully promifed the faid Kobert to pay hii^
llie (iim of five pounds at any time after the faid covenants an^
agreementa were performed, or the faid articles delivered up |p
De cancelled, or were otherwife become void: and the faid Ro-
bert avers that he, confiding in the laid laft mentioned promilft
apid undertaking of the faid John C. did every thin;^: contained in
like laid arciclea on behalf of him the faid John C. and indemnified
bim from all agreements and covenants therein on his part^ tp
W^ at S. aforefaid, in the county aforefaid, whereof the fai^
joho C. afterwards* tp wit, on the ij^ July, in the year laft
Ji^e&id, there had notice , and by means of the faid fevejral pre;-
aiiies lali: aforefaid^ he the faid J. C. according to the tenor an4
afcdofhis faid laft mentioned promife and undertaking, then
and
Nil
94 ASSUMPSIT GENERAL.^O^ AWAKDS.
and there became liable to pay the faid fum of five pounds to the
faid Robert when he the faid John C. (hould be thereto afterwards
requefled. {a} Count for work and labour as a furveyor, quan^*
turn meruit ^ another count iot ]o\in\i^%y quantum meruit \ money
hid put and expended, had and received^ account ftated \ and
common conclufion to the whole, &c.
(<f) For theTe counts, fee Morg. Richard- winnings and eodings of Dcclva»
foQ^ Irnpey ; and for conclufion, fee be- tions,
ttclttr»>lon oa CUMBERLAND, to wit. George Atkinfon, late, &c. gen-
vbUrrtil^^^^ was attached te anfwer Thomas Whiteficld of a plea of
an award made trefpafs on the cafe, &c. and thereupon the faid Thomas, by
twardingmoney A. B. his attorney, complains, that whereas on the loth of
tobepaidbyde- November 1760, at Penrith in the faid county, divers di/Fcrenres
frodanttopto, ^f accounts and difputes had arifen, and were then and there
fcndant^'forDot ^^P^"^'"S ^^^^^^" ^^^ ^^'^ plaintiff and the. faid defendant, ^nd
f»yingthcfanie, thereupon for putting an end to the faid differences and difputes,
they the Giid Thomas and George, on the fame day and year
aforefaid, at P. aforefaid, fubmitted thcmfelves to ftand to the
award, arbitrament, and final determination of E. O. and J« S-
provided they (hould give in their award in writing of and con-
cerning the premifes in the courfe of one calendar month then
next enfuin^; and if the faid arbitrators would not end the dif*
putes amicably between 'themfelves, then to ftand to the award
and final decifion of an umpire by the faid arbitrators to be indif<-
ferently chofen, provided the (aid umpire (hould give in his (aid
award and final determination in writing in the fpace of two ca-
lendar months then next following ; and thereupon afterwards, to
wit, on the fame day and year aforefaid, at P. aforefaid,
•in confideration that the faid plaintiff, at the fpecial inftance and
rcqueft 6f the faid G« had undertaken and faithfully promifed
(mutual promifes). And the faid plaintiff, in faft, fays, that after-
wards, and before the expiration of one calendar month from the
time of making the faid fubmiffion, to wit, on the faid 8th of
December, in the year aforefaid, at P. aforefaid, they the (aid E.
and I. took upon ihemfelves the burthen of the faid award, and
then and there in due manner made and gave in their award and
final determination in writing of and concerning the premifes fo
fubmitted to them as aforefaid, and by tiie faid award did then and
there award and order that all fuits and controveHies whatfoevcr
had, moved, or depending between the faid parties' touch-
ing the difference of accounts to the day ai the date of the
fiiid award, (hould ceafe and be no further profecuted; and
they did thereby further award that the faid defendant fbouM
•pay, or caufe to be paid, the fum of feventy pounds to
the faid plaintiff, on or before the fir ft of January then next fal-
lowing y and they did further award, that the (aid plaintiff (houU
pay
ASStfMPSlT CENEJRAL.— On AWARDS. '$J
pay and bear all expences anywife relating to the faid differences \
and laflly^ they did thereby award that the faid parties ihould give
each to the other general reieafes from the beginning of the world
to the day of making the faid awards of all which premifes the de*
fendant on the 8th of December, in the year aforefaidj at, &c*
had notice i and although all fuits and controveriies whatfoever ,
had, moved, or depending between the faid parties touching the
faid difference of accounts to the faid 8th of December, did then
. and there on the part and behnif of the faid plaintiff^ ceafe and
were not further profecuted, yet, &c. defendant did not pay the
iaid bill on or before the faid ift of January, &c.
James Wallace.
*
BERKSHIRE, to wit. Edward Seymour efquire complains Declmtioh ia
of Richard Povey being, &c. for that whereas, oh the firft day of f^^^^^ f^ '^^
February 1788, at, &c, divers difputes, differences, and contro- performing
verfies had before that time arifen, and were then depending be • an award mad*
tween the faid Edward and the faid Richard, and thereupon, for by ati um-
putting an end to the faid difpuies, differences, and controverfies, P'j^ "oIL^if**
the faid Edward and the faid Richard, on the fame day and year ^° j^jj mattcrsln
aforefaid, at, he, fubmitttd themfelves, and then and there agreed difference to
' to fubmit themftlves, to fland to, abide, obfeivei perform, and tv o arbitrators,
fulfil the order, rule, and ofetcrmi nation of Thomas SpJtnfwich, of ^'"^ * power to
the parifh of Lambourne in the faid county of Berks, and Tho- I'^^^^.f (Jf
mas Bacon of the parifh of Ramlbury, in the county of Wilts, couWnotawee!
indifferently chcfen by the faid Edward and the f.tid Richard, to 2d.count, upon
fettle all and all manner of debts, differences, quarrels, difputes, a very fpecial
reckonings, agreements, and all other dues and demands whatfo- <*«m«fe by agree-
ever, both at law and in equity, or othcrwifc,howfocvcr then fab- ^^^^ between
. iiilingi or which might thereafter occur; and it vas then and there pUint iff and de.
further agreed, that the opinion, award, and determination of the fendant,of lands
Eud Thomas Spanfwich and Thomas Bacon, touching the mat- *"^ hoiflVs, fee
ters in queftion, ihould be final, ar*d d-liv. red in writing, and ^^ "°- W*"8
figned by them, by the twenty eighth dny of February 1788 j but repairirK tec
if they the faid T. S. and T. B. the referees, fhould not be able 3d and' 4th
to fettle the aforefaid difputes and differences, thin and in that cafe counts, ufc and
the did Kdward and the faid Rich«ird d.d thereby empower thetn «>cc-pat.on.
the faid '1\ S. aHd T. B. to choole and fix upon fo i c other p rfjn ^'^,: l"<^^'"»«*"*
». r _f ^ • /v I I 1 It T r I 1 L /• • J AflUiTpflt for
WDoie determmation Ihoultl be likewile hnal ; and the laic agree- ,r.oncy awaidei
ment being fo made as aforclai ', afterwards, to wit, on the i\\rr\c by unipire under
firfl day of February IjisB, at, &c. in confideration that the f»id ti^c crcuaiftan*
Edward, at the Ipecid initance and requelt of the (aid Pvichard, «« ^^^'^^abovt
had then and there undertaken and tait.ifuily proirufcd to perform
and fulfil the bcfo:e m-'ntioned agreerr^ei.t in all things on his part
and btrhalf to be ptTruni ed and tullilicd, he the fa d Richard un-
'dcrtook, and then and there faithfully promifcd fhp faid Ldward,
that he the f<.id Richard would perfeirm and fulfil tie faid agrce-
men^t in all things theiein contained on his part a.d behalf to be
perforn.ed and fulfilled ; and the faid Eoward in fad fays, that the
£ud T* S* and T* B, being fuch arbitrators as aforefaid, could not
agree
$6 ASSUMPSIT GENERAL.-tOM AWARDS.
Hgree in opinion fo as to fettle the faid matters in difpute at Ae
time of the making, the faid agreement between the (aid Edward
and the faid Richard, and wert not able to fettle the aforefaid dif.
putes and differences between them ; and thereupon dfterwards,
and before the faid twenty-eighth day of February 1788, to wit,
on the twenty-feventh day of February 1788, at, &c. the faid
T«S. and T. B. being fuch arbitrators as aforefaid, by virtue of
the faid power fo given to them as aforcf;iiid, and by and with ihe
approbation and confent of the faid Edward and the faid Richard,
and by their diredlion, did nominate, appoint, choofe, and fix on
one Samuel Ballard, to be an umpire cr a third peribn Co ari>i*
trate, awardi order, and finally determinecf, in and concerning ail
matters in difference between the laid Edward and the faid Ricturd,
as well on the part and behalf of the faid Edward as the iaid Ri-
chard, fo that he the faid Samuel Ballard fhculd make and fet down
his award and umpirage in writing, ready to be delivered to the
(aid Edward and Richard on or before the eleventh day of March
next. And the faid Edward further fays, that the faid Samuel Bal-
lard bein<^ indifferently chofen fuch umpire as aforefaid, and having
taken upon himfdf the charge and burthen of the -faid award or
umpirage, did afterwards, and within the time in that behalf li-
mited for th.e making of the faid award or umpirage as aforefaid,
to wit, on the eleventh day of March 1788, at, &c. in due man-
ner made and fet down his award or umpirage in writing, of and
concerning the matters in difference at tlie time of the making of
the faid firft nientioned agreement fo referred to him as aforefaid,
then readvtobe delivered to the faid Edward and the faid Richard,
bearing ((ate the fame day and year laft aforefaid 5 and thereby he
the faid Samuel Ballard did, amongfl other things, award, order,
decree, and determine of and concerning the aforefaid matters ia
difference at the time of making the faid agreement, that the (aid
Richard, his executors or adminiilrators, fhould and did, 00 or
before the twentieth day of March then inftant, pay or caufe to
be paid to the faid Edward, his executors or adminiflrators, at or
in the then dwelling-houfe of him the faid Edward, fituate in Lam*-
bourne Woodlands, in the faid county, the full fum of one bun*
dred and eighty pounds feven {hillings and nine-pence of lawfuj,
&c. in full payment, difcharge, and fatisfadion of and for all reojt,
and all monies, debts, and demands whatfoever, due or owine unto
ihe (aid Edward by the faid Richard, on any account whatfoever,
at any time before and on the tenth day of Oftober 1787 ; and die
faid Samuel Ballard did thereby, by his faid award or umpirage,
further award) order, decree, and determine, that all actions, fuiiSi
quarrel$,controverfies,and difputes whatfoever had,moved,brought,
commenced, or depending between the faid parties in difference^
which in any manner related to or concerned the premifes to him
the faid Samuel Ballard fubmitted as aforefaid, fhould from thence*
forth ceafe, determine, and be finally ended, and no further profe*
cuted or proceeded in by them or any of them, or by their or ei-
ther of their means^ confent^ or procurement i and the laid Sa-
muel
A'SSUMPStT GENERAL.— Om AWARDS. W
iliuel Billard did then ^d there, by his faid award or unipirage|
further award, ordet-y decree, and detprmine, th^c the faid Edward
and Richar4i fliould, within the feace of one month next after the
payment oiF the aforefaid turn of one hundred and eighty pounds
leven fhilh'hgs and nine pence, at their joint and equal expence,
fell and execute unto each other generid releafes of all ac^ions^
caufe or caufes of a£lion, fuits, difputes, concroverfies, trefpafles^
debts, duties, damages, accounts, reckonings, and demarids what*
foever, for or by reafoii of any mdtter, caufe, or thing whatfoever^
from the beginning of the world until the aforefaid tenth day of
OSober 1787 inclufive} of all which premifes the faid Richard
afterwards, to wit, on the faid eleventh day of March 1788, at^
&c. had notice ; by reafon of which premifes the faid Richard
became liable to pay to the faid Edward the faid fum of one hun-
dred and eighty pounds feven (hillings ^nd nine pence, according to
the form and tffeSt of the faid award, and which he the faid Ri^
chard, in confequence thereof, ought to have paid to the (aid Ed-
ward, according to the f<^rm and cffc£k of the faid agreement, and
the (kid promife and undertaking of the faid Richard fo made as
aforefaid : Yet the faid Richard, not regarding the faid ^greement^
nor his faid promife and undertaking fo by him in ».his behalf made»
but contriving, &c. hath not yet paid to the faid Edward, at his.
aforefaid houfe, or in any other manner, the faid fum of money,
or any' part thereof, in the faid award mentioned, although the
(aid twentieth day of March 1788 is long fince paft, and although
he the faid Richard, upon the twentieth day of March 1788, and
aiftetwards, to wit, on the firft day of June 1788, at, ice. was
thereunto requefted by the faid Edward; but to pay the fame, or
any part thereof, to the faid Edward, he the faid Richard hath hU
therto wholly refufed, and ftill doth refufe, contrary to the form
and effe^ of the faid agreement, and the faid promife ^nd under'^
taking oif the faid Richard fo made as aforefaid. jfnd whereas a](b idConnt. Spe«
the (aid Edward, before and at the time of the making of the (aid ^'^ aflumpfit,
wreement hereinafter mentioned, and continually from thehceforth ^^^°^ againit
hitherto hath been, and ftill is, feifed in his demefne as *iF fee, of ^J^'^e!
and in the barns, lands, and tenements in the faid agreement here- mife, on plain
inafter mentioned, with the appurtenances; and being fo feifed paper, for not
thereof, to wit^ on the fifth day of June 1788, at, &c. it was P*y*"8"*"'»*^
agreed by and between the faid Edward and the faid Richard in ^^^^f*^^
manner and form following, that is tn fay, that the faid Edward
(hould let, and the faid Richard (hould take and rent all that farni
called Liquid, end alfo that (arm called Ragnell, (woods, borders^
and trees excepted,) for the term of eleven years from MichaeU
IMS then next, the rent to be at and after the rate of fixteen (bil-
lings per acre, tithe included, and that the faid^Richard, as tenant,
(hould pay all taxes^ (land taxes excepted,) and that he (bould
keep the (aid premifes in good repair, the faid Ed ward) as land*
Uxdy finding materials, and the (aid Richard, as tenant, work-
nan(hip ; 9jtid that no hedge fhould be cut under ten or above
VoL,L H twelve
»»
ASSUMPSIT GENERAL.~Om AWARDS*
twelve year3 old, to be done in an hufbandlike manner, and that
the hedges (hould be preferved from cattle and other damages, and
that the faid Richard (hould leave the fame grounds or fields in
^rafs as were then, and part to be winter ploughed in the fourteen
acros as were at the time of making the faid agreement, and that
the crops (hould be valued by two perfons on the fecond of June in
the lad year of the faid eleven years, and that the land-
lord or fucceedor (hoqld take the grafs at the apprai fed value, and
the money to be paid on demand : and it was then and there agreed,
that the faid grounds (hould be manured the preceding Chri(hDas,
iind the old clover to be entered inmediately after appraiiement :
and it was then and there further agreed, that the landlord or fuc-
ceedor (hould fow the grafs feeds the laft year of the faid term of
eleven years, on what grounds, and with what feeds, he fliould
fhink proper, and pay for the feed ; and that the grounds next to
the meadow at Ragnell (hould be left the Uft year of the (aid
term, and the commons, for the landlord or bis fucceedor, at
^ay Day, and the faid Ragnell meadow and clover grounds by
Poutins to be left at Midfummer ; and that the (aid Richard, as
tenant, (hould keep the.premifes in good repair, and that the land-
lord (hould iind materials, and the faid Richard workmanfbip ; and
that the landlord or fucceedor (hculd enter upon the commons and
the Ragnell ground next to the meadow on May Day, and that the
ftraw, dung, and compoft (hould be fpent on. the premifes, and
fcould be left the two laft years in the (arm yard i and that the
&id rent of the faid premifes (hould be paid half yearly, viz. at
Lady Day and Michaelmas, and in default of which the landlord
fliould re-enter the premifes, as if no contradl as aforefaid had
been made ; and that the landlord flxould have free ingrefs, egreft,
wid regrefs with his people, horfes, waggons, and carts, at all fca-
(onable tiipes, and that the landlord or fucceedor (hould have part
of the houfc, viz. the parlour and the rooms over, and the ftablc^
at May Day before the expiration of the term aforefaid j add that
the (aid Richard (hould quit the whole premifes on the Midfum-^
mer after the expiration of the aforelkid term : and it was theo
and there further agreed, that when the barns or (tables and cart-
houfe^i part of the uid premifes, (hould want new thatching ea«
tirely, that the landlord (hould find workman(hip and all mate-
rials, excepting wheat ftraw, which the faid Richard, as teoaofr
fliould find. And the (aid Uft mentioned agreement being fo made
as aforefaid, afterwards, to wit, &c. (ftate mutualpromifcsj 5 ani
the faid Edward in faS fays, that the faid Richard afterwards, and
after the making the faid agreement, in purfuance thereof, to wit, oa
the eleventh day of Oaober in the year laft afore(kid, entered upon
the faid premifes in the faid laft mentioned agreement mentioned,
and then and there became and was pofleiTed thereof* and hath con-
tinued to hold and enjoy the laft afore(aid premifes from the faid
el^enth day of Odober 1784, hitherto, to wit, at Reading aft>r«.
laid, m the county afore(aii And although the (aid Edward always^
mi
ASSUMPSIT GEN£RAL.~On AWARDS. 99
fend from the time of making his faid promife and undertaking fb
by bim made as aforefaid, hitherto hath well and duly performed
and fulfilled the faid beforementioiied agreement in all things
therein contained on his part and behalf to be obferved, performed
tnd fulfilled, the faid Edward in fad further fajrs, that a lafge fum
of money, to wit, three hundred pounds, of, &c. of the rent afore-
feid, at and after the rate laft aforefaid accrued) and becsune due
from the faid Richard to the ikid Edward, for and in refped of
the (aid premifes fo held and occupied hj him as laft afbre&id, at
and upon Michaelmas Day now laft pan, which the (aid Richar^
00^ to have paid to the faid Edward, according to the form and
efieifl of the (aid agreement, and his faid promife and undertaking
b by him made as laft aforeiaid, to wit, at, &c. whereof the faid
Richard afterwards, to wit, on the firft day of November 1788,
there had notice : Yet the fa\d defendant, not reeardine, &c. but
contriving, &c. hath not paid or caufed to be paid to tae faid Ed-
ward the rent aforefaid^ fo accrued due as aforefaid, or any part
thereof althouj^h often reouefted fo to do ; but to pav tbe lame, or
any part diereo^to the faid Edward, he the faid Richara hath hitherto
wholly refuied, and ftill doth refufe, contrary, &c. And the faid
Edward further (ays, that the faid Richard, further di(regardinfip
his faid agreement and his promife and undertaking in that behalr
made as bft aforefaid, and further contriving, &c. hath not at any
time fince he became pofTeiTed of the aforefaid premifes, main-
tained and kept, and caufed to be maintained and kept the hedges
and fences of and belonging to the aforeiaid premifes in repair, nor
preferved the (ame from cattle and other damages ; but on the
contrary thereof hath wholly omitted fo to do, and hath fufiered
and permitted the faid hedges and fences, and all and every of
them, to become ruinous, proftrate, and in great decay fi:)r want
of fufficient and neceffary repairs thereof, by means whereof
divers cattle, to' wit, horfes, &c« entered and came in and
upon the (aid hedges and fences of and belonging to the (aid pre-
mifes, and eat up, damaged, killed, and deftroyed, and confumed
die £dd hedges and fences, contrary, 5k:. to wit, at, &c. (Add
counts for ufe and occupation, and quantum meruit)^ And where« (m) Ctanirf jb-
ai alio the (aid Richard afterwards, to wit, on, &c. at, &c. was in- <'^'«'» ^f*
<U>ttd to the (aid Edward in another large fum of money, to wit,-'^^ ^Va^awL
in Ac further fum of five hundred pounds, of, &c. upon and by ISl^ampire ate
nirtue of a certain other award or umpirage niade by the faid Sa- a parol fubmif*
mud Ballard upon, &c. by virtue of a certain other fubmiflion be- ^lon to arbitia-
fbre that time made and entered into by the faid Edward and the tors^withpowcr
i^id Richard to the award, order, and determination of the faid T. ^'nT^^JJ^wt
Spanfwich and T. Bacon, of and concerning all matters in dif- or^*their hoc
fvence then depending between the faid Edward and the faid Ri-> asraeiiig^ &g^
chard, being odier matters in difFerence, and thereby empowering
the £ud Thomas Spanfwich and Thomas Bacon, In cafe they
ihoMld not agree in making fsch laft mentioned award, to appoint
a third peribn to award, determine, and finally fettle tlic faid mat-
ters \ and whereupon thc£ud T. S. and T. B. not agreeing in
H a making
^
joo ASSUMPSIT GENERAL.~On WAGERS.
making the faid award, and by virtue of the aforefaid power, 2ni
by and with the confent and approbation of the (aid Edward and
the faid Richard, nominated and appointed the faid Samuel Ballard
as an umpire to arbitrate, award, order, and finally determine of
and concerning all matters in difference between the faid Edward
and the faid Richard. And being fo indebted, dTumpfit accord-
ingly. (Money lent ; money had and received ; account ftated.)
Foster Bower.
(a^ It is very doubtful whether this or he m.'»y rtcorer fo much of his de-
Count cculJ be f. o]K>rf ed if dcmi.rrcd ic, mand as relate*, to rent on the count for
bLt fuid it was u -al to add It. how r u(e anu occuptticn. I apprehend no ob-
Anickout the count, bbcaufc it could hv jfftion can be taken for want of the date
of no ufc^ for I cin^ m aflumpfit, ar.d t!<c upon the fuhnr.in;on, fo that the fabmil^
a war J until r juil, the award hvouU not fion is proved to have been anally co«
Jvf'.cr: ti»e declaration m evidence, it no tered irto. The reference xm the um-
p:.vf us o^jt.Sion v^'a& taken to it. Sed pire n.uA be flamped j but I do not
(^> acre ? See Dodd and Htrbert, Sti. tliink the oricinal agrtenient between
459. Mr. Seymour and hi:» tenant needs ftamp*
J think the piaintifT, upon proving the ing *. The award is not objedionable fix
f -raj niatter> ^.onra^ned in thodeclara- being made upon a higher ftamp than
ticn, "lay rt cover e.thcr on the lU count the h\v requires ; nor do J fee any ob-
oi t'.e 2^1 cement to fubmit to arbltra- jedlon which affed» the prefent queftlnn,
Cjc , uf n the I'ccond upon the original I apprrve likewifc of the form of the de*
agreement for the leafe of the premifcs ; riaracion.
* On looking into the ftamp a& of 23. Geo. 3. I find it takes place from the firil
of Augu^ 17^31 inOcad of 17S4, (as upon memory only I had conceived^) and the
origiluJ agreement mull therefore be ftamped as well as the reference.
FOSTKB BoWBRtf.
On wagers.
On t wager, 1780. The Court of the King's Palace at Wcft-
wht>erA.h-»d mmftcr.
^"^TUZ "^P^'^ 7'*- 1 RC)BERT BROOME, by Richard Kclfall his at-
then'pending'io Broome J torncy, complains againft Robert Barker, of a plea
the marihjrifea againft f of trefpafs on the cafe, for that whereas onthefirft-
«qiirt. Barker. J day of July, in the year of Our Lord 1779, at
Southwark in the county of Surrey, and within the jurifdi£Uon of
this court, a certain di/courfe was moved and had by and between
the faid Robert Broome and the faid Robert Barker, of and con-
cerning a certain caufe or fuit then depending in the faid court of
our lord the now king of his palace of Weftminfter aforefaid,
between the faid Robert Broome, plaintiff, and one Humphrey
Moore, defendant, in a certain plea of trefpafs on the cafe to the
damage of the faid Robert Broome of ninety-nine (hillings, and
upon that difcourfe a queftion then and there arofe and was de*
bated between the faid Robert Broome and the faid Robert Bar-
ker, whether the faid Robert Barker had ever become bail for the
faid Humphrey Moore in the faid plea or fuit or not ', and the faid
Robert
ASSUMPSIT GENERAL.— On WAGERS. loi
Robert Broome then and there aflerted and affirmed that the fald
Robert Barker had become bail for the faid Humphrey in the
^id plea or fiijt, and which faid afiertion and affirmation of the faid
R<4>ert Broome he the faid Robert Barker then and there wholly
denied and aiT^ted to the contrary thereof; and thereupon after-
wards, to wit, on the fame day and year aforefaid, at Southwark
aforefaid, in the county and jurifdidion afore(aid, in confideratioa
that the faid Robert Broome, at the fpecial inftance and requefl of
the faid Robert Barker, had then and there paid to the faid Ro->
kert Barker the fum of five pounds of lawful money of Great
Britain, he the faid Robert Barker undertook, and to the faid Ro-
bert (iroome then and there faithfully promifed to pay to him the
(aid Robert Broome the fum of ten pounds of like lawful money,
m cafe he the faid Robert Barker had ever become ball for the
(aid Humphrey Moore in the faid plea or fuit. And the faid Ro-
bert Broome in fa£t fays, that the faid Robert Barker before the
aiaking of the promife and undertaking aforefaid, to wit, on the
fourth day of Ofiober, in the year of Our Lord j 778, had become
bail in the faid Palace Court for the faid Humphrey Moore, to wit,
in the faid Palace Court then held at Southwark ^^orefaid, in thp
county and jurifdidion aforefaid, whereof the faid Robert Barker^
afterwards, to wit, on the fame firft day of July, A. D, 1779, *^
Southwark aforefaid, in the county and jurisdiction aforefaid,
had notice ; by reafon whereof the faid Robert Barker jbecame
liable to pay, and ought to pay to the faid Robert Broome the faid
fnm of ten pounds, whereof the faid Robert Barker then and there
had notice ; yet the faid Robert Barker, not regarding his promife
and undertaking aforefaid, but contriving and fraudulently intend-
ing craftily and fubtilly to deceive and defraud the faid Robert
Broome In this behalf, although often requeued, hath not yet paid
to the faid Robert Broome the faid fam of ten pounds, or any part
thereof, but he fo to do hath hitherto wholly refufed, and ftill doth
r^ufc, to the damage of the laid Robert Broome of twenty
Gunds; and therefore he brings his fuit,&c. Andalfo the faid Ro- Avcnncnt. ,
rt Broome avers, that neither he nor the faid Robert Barl^er,
nor either of them at the time of levying of the plaint of the faid
Robert Broome Ijere in court, were nor now ar? of the king's
hpufehold.
And the f#id Robert Barker, by Richard Heighwajr, bis attor-Wca thereto,
ney, comes and defends the wrong and injury when, 6cc. and fays.
Chat true it is that fuch difcourfe was moved and had by and between
thp did llobert Brooti^e and the laid Robert Barker, as the faid
Robert Broome bj^th above alledged, and that the laid Robett Bar-
kcr did promife gnd i^ndertake in manner arid form as the faid Ro-
bert Brooipc , hath above in and by his faid declaration alledged
againft biiti ; but tlie faid Robert Barker further faith, that he the
faid Robert Broome ought not to have or maintain his aforefaid
adion thereof a^ainfVliim, becaufe he faith, that he the faid Ro-
bert Barker had not at any time before the makii. j jf the faid pro-
mife and undcrtaldng of the faid Robert Barker, become bail for
H 3 tfc-
to» ASSUMPSIT GENERAL.-Oir WAGERS.
the fiifd Humphrey Moore in the faid pleat or fuit, as by the decla^
ration is above alledged } and of this he puts himfelf upon th«
^Ur»» country} and the faid Robert Broome doth the like: It is there^
fore commanded by the (aid Court to the bearers of the virges of
the king's houfehold, the officers and minifters of the (aid court,
and to every of them, that they or one of them do caufe to como
before the Judges of the faid court at .the court of the king's pa-
lace of Weftminfter afprefaid, on Friday the fourteenth day of
. April next following, to be held here, to wit, at Southwark afore-
faid) in the faid county of Surrey, within the jurifdiSion aforefaid,
twelve free and lawful men of the neighbourhood of Southwark
^forefaid, in the faid county of Surrey, within the jurifdi<£lion of tho
court afore&id^ by whom the truth of the matter may be the better
known, and who are in no wife akin either to the faid Robert
firoome or to the faid Robert Barker, to make a certain jury between
the faid Robert Broome and the faid Robert Barker, concerning
the plea aforefaid, becaufe as well the faid {lobert Barker as the
faid Robert Broome, between whom the contention thereupon is,
have put themfeives upon the faid jury, the fame day is given by the
Venlift« court hefe to the parties aforefaid here, &c. At which day, to
Wity at the court of the king's palace of Weftminfter, laf^ly above
mentioned, holden before the Judges of the faid court here, to wit»
at Southwark aforefaid, in the faid countv of Surrey, within the
jurifdidion of the faid court, on the (aid Friday, the fourteenth day
pf April, in the twentieth year of the reign of our lord the now
kine, comes as well the faid Robert Broome as the faid Robert
Barker, by their aforefaid attornies; and the jurors of the jury be-
forementioned, to wit, William Richardfon, &c. being called like-
wife come ; who being chofen, tried, and fworn to fpeak the truth
f:oncerning the premifes, fay, upon their oath, that the faid Robert
]|}arker had not, at any time before the making of the aforefaid
f»romife and undertaking of the faid Robert Barker, become bail
or the faid Humphrey Moore in the faid plea or fuit mentioned in
the afore(aid declaration of the faid i^obert |iroome, as by the fai4
declaration is above alledged, Y, Li\w£$,
Dediratiqn by YORKSHIRE, to wit. Sir John flamfden, bart- complains
iIl^tMinirthe of Thomas 'fownley Parker, eftjui re, adminiftrj^tor of all and
Ummfratvr oiT Hngular the goods and chattels, rights and credits, which were of
the other ip Bana(Yre Barker, eiquirfr, deceafed, at the time of his death, who
ailbinpfit:, upon died intetfate^ being in the cuftody of the marfiia] of the mardialfe^i
* hoS^^dT ^ ^"' fovereign lord the prefent king, before the king himfelf 5
thetongcij ind ^^^ *^^ whereas on the twenty- firfl day of Auguft, A. D. 1 782,
Opinions Uicre- Sit Tadcafter, ii) the faid county of York, in confideration that the
an. faid Sir John,at the fpecial inilancc and regueft of the faid Qana^
^re, had then and there undertaken, and faithfully promifed the
faid fanaftrp, to pay to the faid B. the fum of iQOol. of lawful
. iponey oJF Great Britain, if he (he faid B* (hould outlive the faid
$ir John, be the (aid B. undertook, and to the faid Sir John theq
apd there fiiithfully promifed, to pay to him the fum of one thoufa^c)
po^nd« pf \i(fi l^yirfijl fnoney, if he (he faid Sir Jot^^ fl^ould ouUi ve
ASSUMPSIT GENERAL.^On WAGERS.
m
the iaid B. ; and the faid Sir John in h& fays, that the faid S
afterwards, to wit»on the firft day of January, A. D. 1789, at T,
afoftfaid, died, and the faid Sir John then and there furvived the
&id B« ; neverthelefs, the faid Thomas Townley, adminiftrator as
afore&id, not regarding the faid promifeand undertaking of the faid
B. fo made as aforelaid, but contriving and fraudulent^ intending
craftily and fubtilly to deceive and defraud the (aid Sir John in this
behalf, bath not (although often requeued) paid to the faid Sir John
the (aid fum of one thoufand pounds, or any part thereof, neither was
the fame paid to the faid Sir John by the faid B, in his life-time, but
to pay the fame to the faid Sir John the faid Thomas Townley hath,
hitherto altogether refufed, and ftill doth refufe, and the fame ftill
remains wholly unpaid to the faid Sir John. And whereas alfo, on id eoant» On a
the faid twenty-firft day of Auguft, in the faid year of Our Lord ppomtfc thj»t the
1782 aforefaid, at T. aforefaid, in confideration that the faid Sir ^^^^^^^'-^
John, at the like inftance arid requeft of the faid B. had then and flrft Hiouki pay
there undertaken, and faithfully prrmifed the (aid B. that the exe- to the furvivor*
cutors or adminiftrators of the faid Sir John would pay to the faid
B. the fum of one thoufand pounds of like lawful money, if the faid
B. (hould outlive the (aid Sir John, he the faid B. undertook, and
to the faid Sir John then and there faithfully promifed, tl\at the exe-
cutors or adminiftrators of the (aid B. (hould pay to the faid Sir
John the fum of one thou(and pounds of like lawful money, if hff
the (aid Sir John (hould outlive the faid B. ; and the (aid Sir John
in bSt fays, that the faid B. afterwards, to wit, on the iirft day of
January, A. D. 1789, at 1\ aforefaid, died, and the faid Sir John
then and there furvived him the faid B. : neverthelefs the faid
T. T. executor as aforefaid, not regarding the faid promife and
undertaking of the faid B. fo made by him as laft aforefaid, but
contriving and fraudulently intending craftily and fubiilly to deceive
and defraud the faid Sir Jnhn in this behalf, hath not (although
often requefted) paid to the faid Sir John the faid fum of one
thoufand pounds, or any part thereof, but to pay the fame to the
(aid Sir John the faid 1\ T. hath hitherto altogether refufed, and
the (ame ftill remains wholly unpaid to the faid Sir John, to the
damage of the (aid Sir John of 2000I. i ^nd therefore he brings
iiiit, tic. A. Chambrx,
Mr. Banaftrc Parker havirg died In-
liOatc, hit pcffibnAl cftate al^nc it liable
tDptjrmcnt of hit fimple contrad debtA,
ndha faifU contnid creditors cannot
have the benefit of hit perfonal eftate,
cncpt hf a fuit in equity for marflialling
lib tflett, at the admiaiftntor may plead
ihc deba by bond and fpvenant, and that
he hat not alTett beyond thole debu, to
any aQjoo by a fimple contra^ creditor,
and oonfequently maj dejjtat the demand
•f Sir John Riunidcn at Uw, fnppofing
him to htnp a legal dcm^. Whether
be hat a k^dcmtndor not I thinkmuft
depend opon fhe cooftniftion to be given
i»0ltfta«D^or^.C^}. c 18, $ for
independent of that Aatute, | think it
impofflUc (confidering the degifiont oa
wagert) to hoM thia an unlawful wagev.
In Foder and Thackeray, cited z. Term
Rep. 57. note $. a wager on an event
in which the partiet had no intereft wa4
oonfidered at within the ftatute by thf
Judget o£ tl|e Courts of King*s Bench and
Comnoon Pleat* though the B«rana of
the Exchequer differed in opinion. In
Atherfold and Beard* 2. Term Rep.
610. BuUer J. thought with th^ Judge#
of theICing*s Benoh im^ Common Pleai
in Fofter and Thackeray t he admittcdy
that the ftatute fpoke only of poti^et* hot
thought it mi^ht extend ts the cafe of %
m
ASSUMPSIT GENERAL.— Om WAGERS;
yag;er. I do not know that the point has
ever keen decided. I think, confldering
the words of the 14. Geo. 3. it will be dif-
ficult to bring this cafe within it *. the
words are, << that i[io inftirance (hall be
^< made," and the common conftrudlion
of the word Infurance is an agreementy
Sn confideratlon of a fum paid, to pay a
larger fam on a future event, which 1
think it will be difficult to apply to a
mere wager. The contrail between Sir
John R. and Mr. Parker was merely, that
the reprefcr.tatives of whichever ihould
die firA (hould pay the furvivcr a certain
lum. There appears to me to be nothing
illegal in fuch contra^, independent of
the Aatute. Indeed, the policy of the
a£l appears to me in no degree to apply
to the cafe of a fimple wager. I there-
fore apprehend Sir John R. muft have a
verdi^ and judgment for his demand
againd the goods of the late Mr. P.
though he can have no fruit of his judg-
ment at law. If Mr. P. U d'jirous that
this demand Jhonid fiet prejudice tber JimpU
creditors^ he Ihould give them notice of it,
and any of the creditors may hie a bill on
behalf of himfelf and the ether creditors
atainft Mr. P. for an account anda49ai^
niflration of the perfonal eltate, and tq
have the aflTets mar/hailed, and that th*
fimpie contrad may (land in the place of
the fpecialty creditors on the real e(l»tc,
to the extent of the perfonal eftate ex-
hauf^cd in payment of fpecialty debts.
Mr. P. may put In an amicable anfwer^
and the cafe may be heard by conicnt be-
fore Sir J. R. can have judgment, and
then Mr. P. may, by a bill againi^ hima
rcrilralnhis future proceedings, and com-
pel him to come in with the other fimplq
contrail creditors under the decree.
If Sir John Ramfden can obtain a judge-
ment before a decree for admini ft ration of
theafletsisobtaincdt he muil be prefer*
red in the arlminiftration before the ochef
(imple contra^ creditors.
John MxTFOapf.
N. B. Mr. Chambrc*8 and Mr.^
Heywood's Opinions on the part of th«
plaintiff, and Mr. Lawes* and Mr.'
Topping's Opinions on the part of the
defendant, were taken op thi& cafe, and
they all agreed, tlutt the wajger was ^-
CQvcrable at law.
fleas thereto: And the faid Thomas Townley, adminiftrator as aforefaid,
\^tlfonajfum]fa\)y James Hodgfon his attorney, comes and defends the wrone
bytedator. and injury when, &c. and fays that the (aid Banaftrc Parker,
5rtfvi^"V'''"aT deceafcd, in his lifetime, did not undertake and promife in manner
mmiftrator. *"4 fomi as the faid Sir John hath above thereof complained
^d^Pleneadmim- againfl him the faid Thomas Townley, and of this he puts him-
Jlravit fr4ete)r felf upon the country, &c. And for further plea in this behalf th«}
/evtral bond f^jd X. T. by leave of the Court here to him for this purpofe firft
d^ntV Wf^ and granted according to the form of the ftatute in fuch cafe made and
others, and alfo provided, fays that the faid Sir John ought not to hs^vc or maintaiii
feveral debts kis aforcfaid action thereof againft him, becaufe he fays that hq
due to defen- the faid T. T. has fully adnuniftered all and hngular the good$
conttaft tnd^^**^*^ chattels whlch were of the faid Banaftre Parker now dcceafccj,
xLaffcts', which ^^ '^^^ ^"^^ of his death, which have ever come to or been in his
IS Infufficicnt to bands to be adminiftered, to wit, at Tadcafter aforefaid, in the
iatisfy them, county aforefaid ; and that he the faid T. T. halh not, nor at thd
time of exhibiting the bill of the faid Sir John, or at anytime
fince, had any goods or chattels which were the goods or chattels
of the faid Banaftre Parker deteafcd, at the time of his death, in
the hands of him the faid T. T. to be adnoiniftered, and this the
faid l^hbmas T, is ready to verify ; wherefore he prays judgment
Jf the faid Sir John ought to have or maintain his aforefaid a6tion
thereof againft him, &c. And for further plea in this behalf the
^id T. T- by like leave of the Court here to him for this purpofe
firil granted according to the f^rm of the ftatute in fuch cafe made
tod provided, fays that the faid Sir John ought not to havedr
.Inaiiuain his aforcfaid action thereof againft him the faid 1^. T.
becaufe
ASSUMPSIT GENERAL.— Ok WAGERS. ^^f
becaufe he fays that the faid Banaftre Parker deceaied, in his Iife«i
time, to wit, on the twenty-ninth day of September, in the y^
of Our Lord 1785, to wit, atTadcafter aforefaid, in the county
aforeiaid, by his certain writing obligatory, t)earing date the day
and year afore&id, fealed with his feal, and as his deed delivered
for a juft and true debt, became held and firmly bound to one
John Nabb and J, S» Afpdea in the fum of one thoufand fix
hun^^red pounds of lawful money of Great Britain, to be paid to
the iaid John Nabb and Jofeph Seton Afpden, when he the faid
fianaftre Parker deceafed (hould be thereunto afterwards requeft-
^1 which fail! writing obligatory at the time of the death of th^
iaid B. Parker deceafed was and flill remains there in full force
unpaid and uncancelled $ and alfo that the faid B. Parker deceafed,
in his lifetime* to wit, on the tenth day of April, in the year of
Our Lord 1782, to wit, atTadcafter aforefaid, in the county
9fore£iid, by his certain other writing obligatory, bearing date the
(lay and year lafl aforefdid, fealed with his feal, and as his deed
Slivered as another jufl and true debt> became held and firmly
(lound to one Ann Alker and one Jennet Alkcr in the fum of
eight .hundred pounds of lawful money of Great Britain, to be
paid to the faid Ann Alker and Jennet Alker when he the iaid
panaflre Parker deceafed fhould be thereto afterwards requefted^
which faid lafl mentioned writing obligatory at the time of the
(kath of the (aid B. Parker deceafed was and ftill remains there
in full force unpaid and uncancelled ^ and alfo that the faid B»
Parker deceafed, in his lifetime, to wit, on the fixth day of
AuguO, in the year of Our Lord 1785, to wit, at Tadcafler
^fforeiaid, in the county aforefaid, by his certain other writing ob*
ligatory, bearing date die day and year laft aforefaid, fealed with
bis feaJ, and as his deed delivered for another juft and true debt,
became held and firmly bound to one Mrs. Lea in the fum of
four hundred pounds of like lawful money, to be paid to the
iaid Mrs. Lea . when he the faid B» Parker deceafed ihould be
t)iereto afterwards requefled, which faid iaft mentioned writing
obligatory at the time of the death of cne faid B. Parker deceafed
was and ftill remains there in full force unpaid and uncancelled ;
and alfo that the faid B. Parker deceafed, in his lifetime, to wit^
00 the tenth da^y of April, in the year of Our Lord 1782, to wit»
at Tadcafter aforefaid, in the county aforefaid, by his certain
odier writing obligatory, bearing date the day and year Iaft afore-
faid, fe^iled with his feal, aud as his deed delivered for another
{'ud and true 6chtr became held and firmly bound to one Francis
.^lumbe in the fum of iieven hundred (uSunds, to be paid to the faid
Francis Plumbe, when he the faid B. Parker deceafed fhould be
therejo afterwards requefled, which faid Iaft mentioned writing
obligatory at the time of the d;.ath of the faid B. Parker deceafed
was an4 ftill remain^ there in full force unpaid and uncancelled ;
^nd alfo that the faid B. Parker dedeafed, in his life-time, to wit^
ottthetwenty-fotfrth day of October, in the year of Our Lord 1786,
to iric, at Tadcafter aforefaid, in the county aforefaid, by his
^rtain othef writing obligatory 9 bearing date the day and year
- -' ' - lafl
^•aS ASSUMPSIT GEN£RAL.*-Oii WAGERS.
laft afore&td, fealed with his fesd, and as hfe deed delivered for
another juft and true debt, became held and firmly bound to one
Margaret Townley in the fum of fix hundred pounds of like laur^
ful money, to be paid to the faid Margaret Townley wheobe the
fai^B. Parker deceafed (hould be thereto afterwards requefted,
vhich faid laft mentioned writing obligatory at the time of the
death of the faid B* Parker deceafed was and ftill remains there
in full force unpaid and uncancelled; and the fai4 Thomas
Townley further fays, that the iaid B. Parker deceafed, in his
life-time, to wit, on the eighteenth day of January, in the year
of Our Lord 1788, to wit, atTadcaSeraforeiaid, by his certaia
other writing obligatory, bearing date the day and year laft afore-
faid, fealed with his feal, and as his deed delivered for anodier
i^ft and true debt, became held and firmly bound to the &id
Margaret Townley in the fum of five hundred pounds of like
lawful money, to be paid to the faid Margaret Townley when he
the faid B. Parker deceafed fhouldbe thereto afterwards requeftecU
and which faid laft mentioned writmg obligatory at the time of
the death of the (aid B. Parker deceafed was and ftill remains
there in full force unpaid and uncancelled ; and the (aid T. T*
further favs, that the faid Banaftre Parker deceafed, in his life-*
time, ana at the time of his death, to wit, at Tadcafter afbreiaid«
in the county aforefiiid, was juftly^'and truly indebted to the &id
T* T. in the further fum of two hundred pounds, of like lawful
money, for money by the (aid T. T. before that time lent and
advanced to, and paid, laid out and expended for the faid B, Parker
decca(ed, and at his fpecial inftance and requeft, and fbr money
by the (aid B. Parker deceafed before that time had and received
%o and for the ufe of the faid T. T. and for money due from die
(aid B* Parker deceafed to the faid T. T. upon divers accounts
before that time bad and ftated by and between the faid B. Parker
deceafed and the faid T. T. And the (aid T. T. fiirdier faith,
that the faid B. Parker deceafed, afterwards, to wit, on the
ieventh day of February, in the year of Our Lord 1788, to wit, at
Tiidcafter aforefaid, in the county aforeiaid, died fo indebted to
him the (aid. T. T. inteflate, ^fter whofe death, to wit, on the
tWenty-third day of December, in the faid year of Our Lord 1788,
adminiftration of all and (inguiar the goods, chattels, and credits,
which were of the faid Banaftre Parker d<^ceafed, at the time of
his death, by John Briges, clerk, mafter of arts, vicar general
fHid oflSicial principal of the right reverend father in God,
William, by divine permi^on Lord Bifhop of Chefter, to whom
frtfift of the ^^ granting of that adminiftration of right belonged, was in due.
knert of ad. manlier committed to the £iid T. T. to wit, at Tadcafter afore-
pl;iiftratk». faid, (and which faid letters of adminiftration the faid Thomas T.
now brings here into court, bearing date the day and year laft above
mentioned), by means whereof the faid T. T. becaqie, and was«
and ftill is, adminiftr^tpr of all and fmgular ^e goods and chattels,
rights and credits, which were of the (aid Banaftre Parker at the
time of his death, to wit, at'Tadcafter aforefaid: and the bid
ijiomasT* furt)>er iayS| tbatb^ b^s fiilly admiiiiftered all and
fin^lur
ASSUMPSIT GENERAL.
WAGERS.
fingular the goods and chattels which were of die Aid B. Parker
decea&d, at the time of his death, in his hands to be adminifter««
e4, except goods and chattels to the value ol five pounds, to wit^
at Tadcafter afbrefaid, in the county afore£ud ; and that l4 the fiid
X. T. had not at the time of the commencement of this fuit, or at
amy time fince, nor now hath> any goods or chattels wbioh were
of the faid 6. Parker deceafed, at the time of his death, in the hands of
him the faid T. T. to be admin iftered, except goods and chattels to
the value of (ive pounds, which are not fufficient to pay or fatisfy
the money due and owing upon and by virtue of the (aid writings
obligatory herein-before-mentioned, and the aforeiaid debt (»
due to him the (aid T. T. as aforeiaid, and which are fubjed aii4
liable to the fatisfa&ion and payment thereof; and this he the (aid
T. T. is ready to verify ; wherefore he prays judgment if the faid
Sir John ought to have or maintain his afore(aida£tion againft
him, &c. Jamss To?fimo«
are referred to seneraHjr) becaafe I think
thdr amooot mare than fufficient for the
purpofe of this plea. Care IhoQld b^
taken to infert the dates and fuma m the
tonds truly, and the latter IhooM be in
the penalties, and not the fums mention*
ed in the conditions, it it fometimet nfual
in caTes like this to fet out the bonds and
conditiona and ^te hom much is rcallf
due upen both i but as I conceire that it
only abfolutely neceibry when the day of
payment is yet to come, and it is loam
paft in all the above, and it tends both tp
brevity and Ciiety to iUte the bends otAf
without the conditions, i ^hare dene fii
*»«'?• T? BAaaow,
I Have perafed and appmve of theib
pleas, as properly dnwn in point of
&)rm, when the blanks are filled up. i
take it for granted the bends aie or wi||
be truly defcribcd, and that the afleta
art much more than covei«d by thde
bonds and the admiiiiftntor*t own debt,
for I have toothing btfore me bet the
draft of the pleas iheaafthet.
£awAie LAWf
•^
I Think this bond fliould be dated as
(Qp«m the £Boe of it it purpoftt to be) a
boBd to the perfons named in it, as obli-
gees, and that the aflets of it to the defen-
dant need not be (hewn; becaoie being a
diofe in aAkm, it could sot be afligned
at bw, the affeta only vefting in the
#iligec€ a power to fue in the name of the
obligee, if necel&ry to bring an adioo at
l^w for the recovery of iC T.B.
1 Have not a oppy of the bonds here-
after mentioned, muft therefore trouble
Mr. Hodgfon to fuppty the blanks
throughout. T. B.
N. B. The bhnks for the fums muft
be foppiied, with the ptttahUt of the
(tads. Oblepre tins thrcMighout.
T.B,
I Have gone through all the long pa.
pen laid before me, as inftru^tMps for
plea in this caufo, with groat attention,
sod have dnwn the above, which I think
quite fufficient to defeat the prefont ac-
^QB. I have pleaded pnly fuch bends as
f[t fpedAed in the ps^e, (though others
YORKSHIRE, to wit. Thomas Richardfon complains of
A, Hudfon, being, ifc. in a plea pf trefpafs on the cafe, Uq. j for
that whefeas heretofore, to wit, on the firft day of January, A. D
1787, at Leeds, in the county of Y, in coi^fideradon that the fiiid
T. R. at the fpectal inftance and requeft of the Cud A. H. had
then and there agreed and ^ndcrtMcen, and faithfully promifed the
laid A, H. to play at a certain game (that is to fay, a certain game
caHed pitch halfpenny) with him the laid A- H. and to pay him all
fuch fum or fums of money as he the iaid X* R- fliould lofe to the
M A. Hf by rawis of his fo playing w|^ lum>c £|id A. H.
when
OMMialMliMr
f M ^ffkm^ by
wipncr againil
infer at a lamt
called pitch half*
penny for 91.19s*
6d. the 9nginJi
fum loft befav
t61. and ap^
wurdt^
I*»
ASSUMPSIT GENERAL.— On WAGERS.
when he the faid T. R, (hould be thereunto afterwards requeftedt
he the faid A. H. then and there, to wit, on the day and year
afbrefaid, at L. aibref;^id, in the county afore&id, agreed and under*
took, zn4 faithfully promifed the faid T • R, to play at the iatd game
with him the faid T. R. and to pay him the (aid T» R, all fuch fum
and futtis of money as he the faid A. H. fhould lofe to the iaid
T. R* by means of his fo playing with him the (aid T. R, when he
the faid A* H. (hou!d be thereunto afterwards requefted ; and the
faid T, R, avers that he, confiding in the faid promife and under-
taking of the faid A. H. fo by him made as afore(aid,did afterwards,
to wit, on the day and year aforefaid, at Leeds aforefaid, in the
county aforefaid, play at the faid game with him the faid A* H.
who did alfo then aqd there play at the (aid game with him the (aid
T. R. s and although the faid A. H. by means of his fo playing 9t
the faid game with the faid T. R. as aforefaid, did then and there
lofe to him the faid T% R. who did then and there win of him the
&id A. H, divers fums of money, in the whole amounting to a large
fum of money, to wit, the fum of nine pounds nineteen (billings
and (ixpence, of lawful money of Great Britain (whereof part
was then and there paid to the faid T. R.) } and although ^he (aic)
A. H. was then and there requeued by the faid T. ^. to pay him
the (aid fum of money fo by him loft to the (aid T. R. in manner
aforefaid, yet the (aid A. H. not regarding his (aid promife and un-
dertaking fo by him made in manner and form aforefaid, but con«
tfiving and fraudulently intending Craftily and fubtilly to deceive
and defraud the faid T«R. in this behalf, did not, nor would at the
time when he was (b requeued as aforefaid, pay, nor hath he at atiy
time fwce hitherto paid, the faid fum of nine pounds nineteen (hiU
lings and (ixpence fo by him loft to the faid T.. R. as afore(ai^, or
any part thereof, to the faid T. R. but he to pay the fame, or any
jiart thereof, to the (aid T« R. hach hitherto wholly refufed, ana
ftill refufes, fo to do, to wit, at L. aforefaid, in the county afore-
faid. (2d count for mon?y had and received ; account ftated } aqd
common conclu(ion thereto.)
It maybe proper to fugged, that in
fetching the bo^ks I can find no oafe
^lich fays that where the whole fum loft
at one fitting amounts to lol. or upwards^
and maft be ib proved in evidence, the
plaintJiTcan declare for and recover a left
fum than 20L under fuch evidence, and
thereby evade the ftatute of 9. Ann.
c. 14 f. s. (upon which the a^ion muft
be fouoded) ( but confidering that the
ilatutc i$ ap infringement upon the rule
of common law ; that it is a penal l^w,
and not nierely lemedial, as by Ch. J.
Wines, in the cafe of Lynalagalnft lon^.
bouom, s. Wilf. 36. andthaf a reoovrry
in an adion for a fum under loL would
be pleadable in bar to anotlier a^jon lot
the £une wager or ftake ; I am not deci-
fively of opinion that this adion is not
roatntainabie. T. Baskow^
%, Stra. T079. 1249. I. Salk. xcou
3. Salk. 14. 175. S. C. 6. Mod, 128J
3,. Ld. Raym. 1034. Holt, 329. 5.Mo<L
13. X. Lptw. iS<x 9. yrilf. 36. 67,
309. I. WUf. 220.
AiTumpfit on a KENT, to ,wit. Ifaac Good complains of Jam^s Elliott,
vkigtr of five being in the cuftody of the maffhal of the marihairea of our fove-
foifieas, that f^\gn lord the now icjng, before the king himfelf ; for that whereas,
one s. T. hid ^^ ^^ twcnty-firft of June, in tlie year of puf Lord 1787, at
time bought a wag^on^ and one ihUliog dcpoiitcd.
Maidftone,
ASSUMPSIT GENERAL.— On WaGERS. tC^
Maidftone, in the faid county of Kent, a certain difcoutfe was had
and moved between the iaid Ifaac and the faid James of and con-
cerning a certain waggon, then lately belonging to one David
Colcnian, and upon that difcourfe a certain queftion then and there
arofe, and was debated between the faid Ifaac and the did Jame9|
whether one Sufannah Tye had or had n«t before that time bought
die laid waggon ; and upon that difcourfe the faid Tames then and
diere aflert^ and affirmed, that the faid Sufannah Tye had bought
the (aid waggoui which (aid aflertion and^affirmation of the faid
James the faid Ifaac then and there wholly denied to be true ; and
thefeupon the faid James then and thejre betted the faid Ifaac the
Ibm of five guineas of lawful money of Great Britain, againft the
money fo betted by the faid Ifaac, as next hereafter-mentioned, that
the bid Suiannah Tye had before that time bought the faid wag-
gon ; and the iajd Ifaac then and there betted the faid James the
film of five guineas againft the money lb betted by the faid James
aft aforefiud, that the iaid Sufannah Tye had not before that time
bcMi^t the fiud waggon ; and it was then and there agreed between
tbeni) that the faid bet fliould be decided and determined by the
Cud David Coleman and the faid Sufannah Tye ; and thereupon
the £dd Ifiac and James then and there depofited each of them the
fom of one (hilling of like lawful money, in part of the faid feverd
refpedive fums of monev fo betted as aforefaid, in the hands of
one Elizabeth Heath, to oe paid by her to the faid Ifaac, in cafe
the (aid David and Sufannah Chould fay and determine that the faid
Sufannah had not before that time bought the faid waggon, and to
the f«ud James, in cafe the faid David and Sufannah fliould fay and
determine that the (aid Su(annah had before that time bought the
laid waggon : and thereupon in confideration of the premifes, and Mutual prok.
alfo in confideration that the faid Ifaac, at the fpecial infiance and mlCcs,
requeft of the (aid James, had then and there agreed with the faid
James, that the faid Elizabeth (bouldand might pay the faid money
fo depofited in her hands as aforefaid to the faid James, and alio
undertook, and faithfully promifed the faid James, to pay to hint
the faid James the further fum of five pounds four {hillings of lite
hwful money, the refidue of the faid fum of five guineas fo betted
by him the faid Ifaac as aforefaid, in cafe the (aid David and Sufan-
nah ihould fay and determine that the faid Sufannah Tye had be-
fore that time bought the faid waggon, the faid James then and
there agreed with the faid Ifaac, that the faid Elizabeth Heath (hould.
and might pay the faid money fo depofited in her hands as aforefaid
to the (aid I(aac ; and alfo undertook, and to the faid Ifaac then and
there faithfully promifed, to pay to the faid Idoic the like fum of
five pounds four (billings of like lawful money, the refidue of the
(aid fum of five guineas, fo betted by him the faid James as afore*
(aid, in cafe the (aid David and Sufannah (hould fay and determine
that the (aid Sufannah had not before that time bought the faid
waggon : and the faid I(aac avers, that the faid Su&nnah had not
before that time bought the faid waggon, and that afterwards, to
wit, on the twenty-firft day of June, in the faid year of Our Lord
17871 at Maidftone afore&id, the (aid David and Suiannah did &y
and ■
a wigcr on
np ASSUMPSIT GENERAL.-ON WAGEItl
and determine that tbe iaid Sufiuinah had not before the timeortB^
making the faid )aft mentioned promire and undertaking of the ikitf
James bought the faid waggon, whereof die faid James afterwards^
to wit) on the iame day and year laft aforeiaid, at Maidftone afore
iaid, had notice } whereby the (aid ifaac became intitled to tbe C '
money fo depofited in the hands of the £iid Elixabeth Heatia
aforefaid, and the faid James became liable to pay, and ougb^
have paid, to the faid I^ac the fum of five pounds {pur flitUin»
by the faid James promifed to be paid to him the &id I(aac asaraa
iaid. [ad count iame as the firft* only iaying nothing of the
rence. 3d count fame as the firft, oiuy faying nothing of the
pofit^ and confining it to the determination of the referees,
count iame as firft^ only without either reference or depofit^ J
Yet the faid James, not regarding bis faid feveral promifes aia^
vnd^rtakings i^ made as aforefaid» but contriving and frauduksichr
intending to deceive and defraud the £ud Ifaac in this behaK bacm
jQOt (although often requefted) paid to the faidlfiuc th^ iaid ievcffrf
fums of money ib by the iaid James promiied to be paid by faim to
the faid Ifaac as aforeiaid, or any of them, or any part thereof, but
to pay the iam^, or apy of them, or any part diereof, to tbe £ud
liaac, hath hitherto altogether refufed^ and ilili doth refiiib, to the
damage, &p. T«Bak.xow^*
DedwatioB ea LAKQASHiRE, to wit W. B. complains againft H. B.
being, &c. for that whereas, on the twenty^ieventhof June 1759^
at Lancafter, in the faid county, a cock-match was fought between
two certain cocks, at which the iaid W. and H. were then and
there prelbnt ; and that while the faid match remained undecided^
ilfid during the fiditing of the fame, to wit, on the iame day and
year aforeKiid,at L. aforefaid, a certain cock, one of die iaid cocks»
was then and there in a likely way of winning the faid match a
and thereupon, in coniideration that the faid W. had then and there,
at the i^cial inftance and requeit of the iaid H. undertaken and
feithfollv promifed the &id H« to pay him the fum of iive {hillingSt
in cafe the faid cock which vras in a likely way of winning the faid
tnaH:h ihould win the faid match, he the faid H. then and there un-
dertook, and to the faid W* faithfully promifed, to pay to him the
fum often pounds^ in cafe the faid cock which was fo then and there
in a likely way of winning the faid match ihould lofe the faid
inatch ; and the iaid William in fz£k fays, that afterwards, to wit,
^ the iaoie day and year aforefaid> at Lancafter aforefaid, the Aid
match was decided, and the faid cock which was fo in a likely way
«f winning tbe faid match as aforefaid then and there loft the £ud
match, whereof the faid H. afterwards, to wit, on the fame daf
and year aforefeid, there had notice, by resdfon whereof the faid H»
according tohis iaid promile and undertaking, becameliable to pajr,
and ought to have paid, to the faid W, the fum of lol. to wit, at L»
aUforeiaid. {ad count, money had and received. Breach.}
I An tfrtid this cafe falls within the fighting: U exprelsly mentioned in cb|
wards *< other game or games/' in the ilatutc of King Charles againft Gaming^
^imr of 9^ Anne, cb. 14. Cock, andia ia faMfo nctng | but neither of
Cbeb
ASSUMPSlt GENERAL ^^n WAGER& mix.
il^vmMkntA an 9. Aope $ yetinthc panicoUriymeotiontd in the xo. Car. }
of Ooodlmni ami Martin, «. Stra. and cock-flghcing mufi therefore bt
Wf9. dieComt held horfe- racing t*b# within itfor the Cune reaibn.
^tUUn thr fvwdf « other gam or J. Wallaub*
M ones" in the hater ftatute^ at at mt
MIDDLESEX, to wit George Neale compWns of John Forawip^nBa
Bolton, being, &c. for that whereas the faid J. B. on the twelfth horfcrace at
April 1774, at Weftminfter, in the (aid county of M. in confidera- Newmarket.
ticm that the (aid G/ N. at the fpecial inftance and requesft of the
faid J. B. had then and there undertaken, and faithfully promifed
die &id J. to pay him the fum of two hundred guineas of lawful,
&cin cafe a certain horfe called Trentham (hould not be ready to
run a match with a certain other horfe called Minifter, on tbo
(mj twenty 'Jiftb of April then next enfuing, on Newmarket Heath,
in the county of Cambridge, or (hould not run the faid match with
the Cud bone called Minifter, and win the lame, if the iaid
horfe called Minifter (hould be ready to run the (aid match with
the laid horfe called Trentham ; or in cafe a certain other horfe
called Pumpkin (hould not be ready to run a match with a certain
other horfe called Mambrino on the thirtieth of April then next
cufuine, on Newmarket Heath, or (hould not run die faid match
with the (aid horfe called Mambrino, and win the (ame, if the faid
horfe called Mambrino (hould be ready to run, and Ihould run, the
£ud match with the faid horfe called Pumpkin, imdertook, and
then and there £uthfullv promifed, that in cafe both the faid horfea
called Pumpkin and T rentham ihould be ready to run the (aid
re^ie^ve matches afbrefaid, then if neither of the faid horfes called
Minifter and Mambrino ihould be ready to run the fame, (h) or if,
b$tb or iitber oftbemjbould be ready to run^ andjbould run^ ihifaid
re/he^ive mutches^ or either ofthem^ and neither of the fame horfes
ewUd Mambrino andAIinifterfiould win one of the faid matches^ he
the laid J. B. ihould pay to the faid G. N. the fum of four hundred
G*neas of like lawful money ; and the faid G. avers, that the faid
ieS called Trentham and Pumpkin were ready to run the (aid
relpeftiire matches with the (aid horfes called Minifter and Mam<» .
hrino on the refpe^ivedavs afbrefaid, on the (aid place called New^
market Heath, and would have run the lame, or either of them,
had die laid horfes called Mambrino and Minifter been ready to
nin both or either of the faid matches ; but the laid horfes called
Minifter and A^ambrino were not, nor was either of them, then
and there ready to run the faid refpe£live matches, or either of
them ; whereof the faid John afterwards, to wit, on the tenth
lilajfin the laid year 17749 at Weftminfter aforefaid, had notice 5
•pd by reafon of the premifes he the faid John became liable to pay
tQ the laid George the faid fum of two hundred guineas. And Second cooat.
iriiereas alfo the faid defendant, oh the f<«id twelfth April, in the
filid year 1774, at) &c. aforefaid, in the faid county, in con(idera-*
tion that the laid plaintifF, at the like fpecial inftance and requeft
OC ihe fiud defendant, had then and there undertaken, and faithfully
(«} Tlirdax onwhidi Mr.Vembn*^ {t) This U omitted In the fecoi^
ttaiftarfoid MMt l» Trenthan. count.
prgmifed
iin A^SUMP^it (»KERaL-Ok WagMSV
promifed the faid defendant other two hundredguineas pf like
ful money, in cafe a certai^i odier borie called T. fliould npt be.
ready to run a match with a certain other horfe called M. on the-
twinty fifth dof of jfpril then next 6nfutng/6h Newmarket Heattf
alb^efaid) or fliould run the Taid match with the faidlaft-mentioncd
horfe called M. and win the fimie, if the faid t^ft-mcrttioned horfe
called M. ihould be ready to run, arid^ould ruhy tbjt faid match
with tbefaidtafl-mintioned horfe called 7. or in cafe a certain other
horfe called P. (hould not be ready to run a match with a certain
ddier horfe called Mambrino on the faid ihiirtiiih Jprit then next
tefutng, on Newmarket Heath aforefaid, or (ho'irfd riot run the
fiiid match with the faid laft mentioned horfe called Mambrino,'
and win the fame, if the faid horfe called Mambrlno (hould be
ready to run, and fliould run, the (aid laft-mentioned match with
the laid laft-menttoned horfe called P. undertook, and then and
there fiaithfuHy promifed the faid plaintiff, that in cafe both the
faid lafl-mentioned horf6s called 'f\ and P. IhouM be ready to run
the faid refpeAive matches as hfl aforefaid (a) againft the faid two
horfe s called M. and M. lajl- mentioned^ as aforefaid, he the (aid*
ciefendant would pay to him the faid plaintiff other four hundred
guineas of like lawful money; and the faid plaintiff avers, that the
faid horfes called T, and P. were ready to run (h) the faid refpec-
tive matches laft aforefaid (c) with the faid laji -mentioned horfes
called M. and M. on the refpeAive days laft-mentioned, on the faid
place called Newmarket Heath, and would have run the fame, or
either of them, had the faid laft mentioned horfes called M. and VL
been ready to run both or either of the (d)faid matches ; but the
(aid laft-mentioned hcrfes called M. and M. were not, nor was
cither of them, then and there ready to run the faid refpedive'
matches laft aforefaid, or either of them $ whereof the faid defend-
ant afterwards, to wit, on the tenth May, in the faid year 1774, at
Weftminfter, had notice ; and by reafon of the premifes laft afore*
faid, he the ikid defendant became liable to pav to the faid plaintiff
Tlilhlc^ai^ ^^ ^^^ ^^^ ^^ four hundred guineas laft mentioned. And whereas
alfo the faid defendant, on the lame day and year firft above men-
tioned, at Weftminfter aforefaid, in confideration that the (aid*
plaintiff, at the like fpecial inftance and requeft, &c. had then and
chere undertaken, and faithfully promifed to pay him the find de-
fendant, other two hundred guineas of like lawful money, in cafe
a certain other horfe called T. {hould not be ready to run' a certain
other match with a certain other horfe called Minifter» on the faid
twenty-fifth April then nextenfuing,on Newmarket Headi afore-
faid, or ihould not run the faid laft-mentibned match with the fiiid
laft-mentioned horfe called Minifter, if the faid laft-mentioned horfe
called Minifter (hould be ready to run the &me, or in cafe a certain
other horfe called Pumpkin fhould not be ready to run a certain
other match with a certain other horfe called Mambrino^ on the
(tf) This is omitted in the third count. (^0 la the third coaot Uy Is^mmm' *
{b) In the third count fay tbeir. Honed.
^) lathe Uihd count omit this, * ,
r
ASSUMPSIT GENERAL*— 0!l WAGERS;
fnd Airtieth April then next enfuing, on Newmarket Heath nfbre-*
&id,or (h6uld not run the faid laft* mentioned match with the laid
laft- mentioned horfe called Mambrino, if the faid laft-mentioned
horfe called Mambrino (hould be ready to run the (kme, Undertook,
and to the faid plaintiff then and thete 6ithfully promifed, to pay
him odier four hundred guineas of like lawful money, in cafe the
6id two laft •mentioned horfes called M. and M. (hould be ready to
nm their refpedive matches as laft aforefaid, or eithdr of tbem^
and the faid plaintiff avers (as in the fecond count, with the alXB"
radons). Neverthelefi the faid defendant) not regarding his «•»*
£ud feveral promifes and undertakings in manner ^d fpnn
aibrefaid made, but contriving, &c* F. Buller.
X13
the eVent of a inatch which baA beeti
befbre made ; in that cafe the bets am
clearly void, by the (tatute igainf^ gam*
iiif i ttid plainttff cannot maintain an^
F. BVLLKK.
i. Do not oomfntbend how this bet
could be won eten if it were legal, for k
hnot made/i2ty «r p^yi and the memo*
randam at the botmm feems to import,
that in order to decide the bet the horfet
muft nm. However, , as the Jockey
ClvB have determined btherwife, I muft
in that fabmit to tbeii- fhperiof judg*
F« BvLLxa*
The bet was made in writing thus t
^ I take with Mr. John Bolton, this nth
** Apnl, 4D0 guineas to ioo guineas,
** tlmt Ttcacham and Pumpkin both
^ win '* And underneath written,
** They are co nm next meeting with
9 MiniHer and Mambrino.
" GbO. KtALt.**
ItfiniiUrpnid forfrlt to Tfcatbamf and
Mambrino to Pumpkin.
I Apprehend, that ndther of the Aoft
fartiet were owners of the horfes intended
•» nu^ but that the bets were made on
MIDDLESEX, f Stephen Hanks complains of John At- DedtfatSon Sn
wood) being, &c. of a plea, &c. for that whereas, on the twenty- •ffampfi««nB;R*
third day of May,'A. D. 1774, to wit, at W> in the faid county of ^^"^,0 *nuSkn
M. a certain difcourfe was moved and had between the faid S. and Aakes goodbn a
J. of and concerning a certain poney of the iaid S. and of and con* ioag*r concern-
cemiog the trotting of the laid poney ; and thereupon a certain '"S <>>^. trotting
wager or bet was then and there propofed and agreed on and laid ^^ ' ^^Ina^
between the &id S. and the (aid T* to wit, of twenty-five pounds wdght^ ^ for-
on each fide, that is to fay, the faid S. did bet the faid J. twenty- feit eisbt jsiU
£ve pounds that the iaid poney (hould trot eleven miles in one fuc-^ fteasi
ceffive hour on Monday the tnirtieth day of May, in the faid^year
1774, and that the faid poney ihould carry fix ftone weight, and
fliouid ftart from the eighth mif e ftone on the Hounflow road, ia
the &ud county of Middiefex, and ep to the tfairteenth-mtleand-a*
half ftone and back again to thq (aid eighth mile ftone ) and the
faid J. did then and there bet the fiiid S. twenty-five pounds that
the biid poney did not trot the fpaceafbrefaid in the timeaforeiaid^
ftartjng as aforefaid, and carrying.the weight aforefaids and it was
thereupon then and there, to wit; on the twenty-thirdday of May^
in the year 1774 aCbrelaid, at Weftminfter afbrefaid, agreed be^
tween the bid ^.and the faid J. that the bid Si and J. (hould each
of them make ftakes good, chat is to fiiy, (hould depofit fuch re*
(jpeAive fums of twenty<*five pounds and twenty-five pounds in tht
hands of one William Oalley before or on the twenty -eighth day
of May in the (aid year, thofe two refpedlive fums of twenty.fivc
Voii* L I pouads •
114 • ASSUMPSIT GENERAL.--ON. WAGERS.
pbunds and twenty-fiire pounds, to be by bim the faid Williadl
Galley paid to die winner, after die determinadon of the wager of
btt ; but if either of the fiiid parties (to wit, the iatd J. or S.)
fliould reftife making ftakes to the faid W. Q. (that is to kj»
flioyMrefiife to depofit the ftim of twenty-five pounds afbrefiud in
the hands of the faid W. G* for the purpofe aforefaid), on the £ud
twenty^^ighth day of May, that then and ia fiicb caie the party (b
refufing (hould forfeit and pay to the other party the funi of eight
guineas : and the faid agreement being fo made, he the^faidS.
afterwards, to wit, on the faid twenty-^third day of May, in die
year aforefaid, at W. aforefaid, at the (pecial imance and requeft
ef the faid John, undertook, and fiaithfuUy promifed the faid J« ta
PQrfbrm and fulfil thq (aid agreement in all things therein contained
9n his part and behalf to be performed and fulfflled ; and in confn
deration thereof, he the laid J. afterwards, to wit, on the day and
Jtear laft mentioned, at W. aforrfaid, undertook, and fiuthftilly
promifed the faid S. to perform and fulfil all things in the md
agreement contained on his part and behalf to be performed amf
folfilled. And the faid S. avers, that aldipugh he the (aid S. was
ready and willing to do and perform every thing in the faid agree-
ment contained on his part and bebalf to be done and performed,
and although he the (aid S. did, on the twenty-eighth day of May
in the faid year 17749 make Aakes good to the md W. G. (to
wtt, by depositing in hia hands the (aid fum of twenty^^five poums,
fe to bie by him the faid Stephen depofited for the purpoie afore*
faid,) according to the tenor and efft& of the faid agreement, and
of his aforeiaid promtfe and undertaking fo by him made in this
behalf as aforeiaid ; yet .the faid J. did not, on the faid twienty*
eighth day of May in the faid year 1774) n^ke ftakes good to the
laid W. G. (to wit, by depofiting in the hands of die faid W. G*
the laid twenty-five pounds, fo to be by him the faid J. depofited
in the hands of the laid W. G. foe the purpofe aforefaid,). hue
therein wholly failed and made defoult, to wit, at Weftminfter
aforeiaid i by means of which faid. premifes, the (aid J. after*
\9ard$, to wit, on the twenty-ninth dsLy of May in the year afore*
iaid, at Weftminfter aforefaid, forfeiteo and became li^le to pay^
and ought to have paid, to the laid S. the fum of eight guineas,
. according to die tenor«and efte<^ of the laid agreement, and of his
Xaid promife and undertaking fo by him made in this behalf aa
aforefaid, whereof the (aid J. afterwards, to wit, on the day and
year laft mentioned, at W. aforefaid, had notice. (2d Coun^
<o depolit twenty-five pounds, and if did not make depofit good,
.bet to be off.) Yet the laid J. not regarding his laid feveral
promifes and undertakings fo by him made in this behalf as afore^
.lud, but contriving, &c* to deceive and defraud the faid S. 10
this behalf, hath not as yet paid the laid two feveral fums of eight
guineas and eight guineas, or any part thereof, (although fo to do
he the fftd J« was requeftcd by the laid S. aftervmrds, to wit, on
the day and year laft mention^, and often afterwards, to wit, at
W. afore&id,) but be to pay the fame, or any part thereof to the
faid S. hath hidierxowboUy. refuled, and ftill refufes, fo fio do.
Fledges, &c«
MlDDLESEXf
• >
nee.
ASSUMPSIT GENERAL.— Qw WAGERS. ' n j
MIDDLESEX,/ GeorgcForbcs complains of DennisO*Kellyj la*. T^ ^
being, &c. for that whereas at the time of the making the agree- ^^/^^^*
nient hereafter next mentioned, and at the time of the making of '
the promife and undertaking of the faid Dennis hereafter next men-
tioned, a certain horfe-race was intended to be run foon after-
wards, to wit, on, &c. then next following, by and between
certain horfes, that !& to fay, by and between a certain horfe
called by the name of, &c. (and which faid hoffe then was, or was
then reputed to be the property of, and belonging to, &c.) and a
certain other horfe commonly called by the name of, &c. (and
which faid laft mentioned horfe then was, or was then reputed
to be the property of, and to belong to, the faid Dennis) and a
certain other horfe called by the name of Qu^l, (and which faid
laii mentioned horfe then was, or was then reputed to be the
property of, and to belong to, a certain perfon commonly called
Lord Abingdon), at a certain place called Abingdon, in the
county of Berks^ over and upon a certain place then called
Abingdon plain, for certain ftakes or fums of money of a large value^
to wit, of the value of three hundred guineas^ that is to (ay, of
the value of three hundred and fifteen pounds, of lawful, &c.
c6mm6nly called a fweepftakcs, to wit; at Weflminfter, in faid
countv of Middlefe;^ t and whereas on, &c. to wit, at Weftmin-
ft^r aforeiaid, a certain difcourfe was had and moved, by and be^
twcen the faid George and the faid Dennis, of and concerning the
Cud horfe-race fo as aforefaid intended to be run at Abingdon
aforefatd, in the county of Berks aforefaid, and alfo of and con-
cerning the laid horfes fo as aforefaid Intended to run for the
&me ; arid in that difcourfe he the faid George then and there, to
wit, at WeHminfler aforefaid, averred, that the faid horfe fb
called by the name of, &c. (Kelly's) would beat the laid horfd
Called Quill, dnd win in the laid horfe-racefo as aforefaid intended
to be run at A^ aforefaid, in the faid county of Berks, the faid
fweepftakes, to wit, the faid fum of three hundred and fifteen
pounds; and the (aid Dennis then and there, to wit, at W. afore«
faid, averred that the faid horfe fo called by the name of, &c.
(Kelly's) would not beat the faid horfe called Quill, nor win in
the faid horfe-race fo as aforefaid intended to be run at A. in tbe
fiid county of B. the (aid fweepftakes, to wit, the fum of three
hundred and fifteen pounds, but^that the faid horfe fo carlled by
the name of Quill would, in the faid intended horfe-race, beat the
(aid horfe fo called by the name of, &c. (Kelly's) and win in the
laid intended horfe-race the faid fweepftakes, to wit, tt W.
aforeiaid i it was agreed by and between the laid George and the
faid Dennis, that the faid Dennis (hould pay unto him the faid
George ^ large fum of money, to wit, the lum of one hundred
and twenty guineas, that is to &y« the fum of one hundred and
twenty-fix pounds of lawful, &c. if the faid horfe fo called by the
name of^ &c. (Kelly's) as aforefaid (hould beat the faid horfe callet^
Quill, and win in the faid horfe-race, fo as aforefaid intended to
be run at A. aforefaid, in the county of B. the faid fweepftakes,
to wit, the faid fum of three hundred and fifteen pounds, and that
in cafe the (kid horfe fo called by the name of, &c. (Kelly's)
1 2 muuiU
ti6 ASSUMPSIT GKNERAL.~On WAGERS.
fliould not beat the faid hoxfe called Quill, nor win in the iant
horfe-race, fo as aforefaid intended to be run at A< in the (aid
county of Berks, the faid fweepftakes, to w/'C, the faid fum of three
hundred and fifteen pounds, but that the faid horfe fo called by
the name of Quill mould in the faid intended horfe-race beat the
. faid horfe fo called by the name of, &c* (Kelly's) and win in the
faid intended horfe-race the faid fweepflakes, then that the laid
George {hould pay unto the (aid Dennis the Fikc fum of one hun-
dred and twenty guineas, to wit, the fum of three hundred and
fifteen pounds, of lawful, &c. to wit, at Weftminfter aforefeid.
And the faid agreement being fo made (mutual promifes,&c«) ; aud
the faid George avers that the faid hor(e race (b as afore(aid in-
tended to be run at A. in the (aid county of B. was afterwards^
to Wit, on the (aid, &c. ((irft mentioned ds|y) run by and be-
tween the (aid horfe fo called by the name of riper (Kelly's) and
the faid horfe called by the name of Quill only, the (aid, &c* hav-
ing paid forfeit to excufe the faid hor(e called, &c. fi'om
running the (aid race of A. in the faid county of B. to wit^ over
and upon the (aid place there called Abingdon-plain, for the (aid
fweepftakes, to wit, for the faid fum- of three hundred and fifteen
pounds { and that the (aid hor(e fo called by the name of, &c»
^ (Kelly's J as aforefaid, did then and there in the faid horfe race
beat the (aid horfe called Quill, and did then and there win in the
faid horfe«race fo run at A. in the faid county of B. the (aid
* fweepftakes, to wit, the faid fum of three hundred and fifteen
pounds, to wit, at \V. aforefaid : by means whereof he the (aid
Dennis then and there, according to the teAor of his (aid promi(c
and undertaking, became liable to pay, and ought to have paid, to^
the (aid George, the faid fum of one hundred and twenty guineas,
to wit, the (aid fum of one hundred and twenty-fix pounds, of
lawful, &c* of all which (aid premifes he the (aid Dennis after-
wards, to wit, on the faid, &c. (the day on which the race waifi
run) in the year aforefaid, to wit, at W. aforefaid, had notice.
(Second Count as firft, only leaving out every thing relative to
2cc/s horfe, and nuking the bet that Piper would beat Quill. Third
Count as (irft, only that Piper would beat. Fourth Count as fecond,
only that Piper would win, &c. Fifth Count, money lent, laid out,
had and received, and common conclufion.) C* Runnington«
■« R. Affumpfit MIDDLESEX,/. John AtherfolJ complains of French
Mti^Scdui Chriftopher and MicHael Helmdcn, being, &c. of a plea of trcf-
t/Mhopt. ~ P^' ^^ ^^ ^^^^? ^^* ^^ ^^^ whereas on the 4th day of De-
cember A. D. 1 773» at Weftmin(ter, in the faid county of Mid-
dlefex, a certain uilcourfe was had and moved between the (aid,
French, and the laid Michael, and the (aid John, of and con*
cerning the duty upon hops for the (aid year i773« and how
much the (ame would amount unto, and upon that difcourfb the
faid French and Michael aSlkrttd and affirmed that the duty on
kops for the faid year 1773 ^^uld amount unto the fum of forty«
fix thoufand pounds, which afiertion and affirmation of the fidd
French and Michael die faid John then and there denied i and
tiiereupon aftervardsi to witf on the 4th d^j of December, in the
year
ASSUMPSIT GENERAL— On WAGERS- n;
jrear 1773 aforefal4t at Wcfttninfter ftforefaid, in comWciation
that the faid John, at the Special indance and requeft of the faid
French and the faid Michael Jhould pay unto the (aid French C*^/**^]
and the (aid Michael the &m of ten pounds and ten (hillings, they
the faid French and Michael then and there undertook, and faith-
fully promifed the faid John to pay unto him the faid John upoi>
the fixth day of July, which fhould be in the year 17 74) the fuin of
one hundred and five pounds, if the duty wa9 not forcy-(lx thou«
fand pounds, ibr hops th^t year 1773; ^^'^ ^^ ^^'^ [J^uhn in faA
faith, that he, confiding in the faid promite and undertaking of the
laid French and the faid Michael fomade aforefaid, afterwards, to
wit, on the faid 4th day of December, in the year i''73 aforefaid,
at Weftminfler aforefaid, did pay unto the faid French and Michae)
the faidfum of ten pounds and ten (hillings ; and the faid J John in
U8t farther faith, that the duty upon hops for the faid year [^i«r.J
1773 was not, nor did the fame amount unto forty-fix thoufand
pounds, but a lefs fum, to wit, the fum of forty-five thou(and
eight hundred and fifty-feven pounds and no more, to wit, at
Weftminfter aforefaid | whereof the faid French and the faid
Michael afterwards, to wit, on the ift July, iu the year 1774
aforefiud, at W. aforefaid, had notice: by reafon of which faid
premifes the faid FreiKh and the (aid Michael, according to the
tenor of their aforefaid promife and undertaking fo by them made
in that behalf as aforefaid, became liable to pay, and ought to have a
paid, to the faid John the fum of one hundred and five pounds, oa •
the faid 6th day of July, in the year 1774, to wit, at W« afore-
&id (Add another Count, leaving out what is within the brack*
cts, and infert inllead tl:;reof what is in the margin.)
CAMBRIDGESHIRE, {[. Townfend lite of, &c* Aflbmpfit fcy
was attached to anfwer unto Thomas Adcocke in a plea of tref- original in B.f
pafis x>n the c^fe, &c. and thereupon, &c. for that whereas at <» a n»ager x%^
the time of the making of the promife and undertaking of (aid de- JP^^^S ^^
(endant, hereafter next mentioned, a certain race was then ihort* *^-«***
ly to be run between the right honourable the Earl of March and
Keiglin of the one fide, and T. TofFe efquire and ■
Sprowie on die other fide, by a certain four- wheel carriage drawn
by (bur hories, with a per(oo fitting in or upon the (aid carriage,
on and upon a certain place called Newmarket Heath, at New-
market, in the county oif Cambridge, for a large fum of money ;
and if the (aid carriage (hould in that race be drawn with the faid
cattle, and the perfon fitting in or upon the &id carriage, nine-
teen miles within the fpace of one hour, then the faid Earl was to
win the &id race ; but if the (aid cairi^e (bould not in that race
be drawn, with the (aid perfon fo fitting in or upon the fiime, by
the fiud cattle, nineteen miles within the Qiace of one hour, then
the (aid T. Toffe and — — « Sprowie were to win the faid race. And
whereason the day of - A. P* 1 7 50, at Newmarket aforefiiid,
a certain difcourfe was ipoyed and had by and between the (aid
plaintiff and (aid defen|dant| of and copcemiqi; the faid race fo to
be run as aforeCiid, and upon that difcourfe the (aid plaintiff, on
im (ame day and year afore(aid, at Newmarket aforefaid, at th«
I a fofcia
qtfriage<
/
1)1 ASSUMPSIT C£N£RAL.r^H WAGERS^
fpecial iaftance and requeft of the faid defendanti undertook, and
then and there faithfully promifed the faid defendant to pay him
eight pounds, in cafe the faid Earl (hou]d not win in the (aid race }
fmd m cpnfideration thereof, the faid defendant undertook^ mii
then and there faithfully promifed the faid plaiptifF to pay bim tep
pounds, in pafe the faid Earl (hould win the f^id race; and (aid
plaintifF avers that the faid race was run afterwards, to wit, on th^
day of A. D. i759aforefaid, upon the faid place calle4
Newmarket ^eath, and that the faid E^rl did then and there wii)
the (aid race, to wit, at Newmarket afprefaid ; and of all which
faid premifes the faid defendant then and the re had police : Yet, &Cf
(Common conclufion for the ten pounds, fay he was requeftedfair.c
day and year, at aforefaid, &c,) There were othet Counts ; but
I know not bow they varied from this. Y* LA>v^&St
pcclarMlon <m NORFOLK, to wit. John Barker late of A. was atuched to
\^^rT^ anfwer H. B. in a plea of trefpafs on the cafe, &c. and whereupon
hm would be ^"^ '^^^ ^f by A. B. his attorney, complains, for that whereas,
called to the on the ift January I/Sj, at A. in the faid county, a pertain dif-
liopfe of pe^fs. courfe was had and moved by and between the faid John and
Henry of and concerning one fir H* Hafbord baronet, and upoa
that difcourfe the faid Henry did then and there aflert and affirm^
{}) inzdCcunt that the faid fir H. H. baronet would be (i ) cal/ed fo the boufi rf
crratedz peer, pecrs*^ whjch faid aflertion and affirmation of the faid Henry, he
In the sdCoupt ^j^^ ^^jj t j^ ^.j ^^^^ ^^j ^j^^^^ wholly deny ; whereupon the £iiid
^ *John afterwards, to wit, on, pec. at, &c. in coniideiration tba(
the faid Henry* at the fpecjal inftance and requefl of the (aid John^
h^d then and there p^id to him the fupn of one guinea, undertook^
and tp the faid H. then and there faithfully promifed, to pay to
him the fum of one hundred guineas, if the faid (sr H. fl. baronet
(>) lii^ Cpiint ^2) was called to the houft ofpefrsi and the faid Henry in. fed fays*
"^^'(Lr" ^^^ ^^^ '^^^ f^^ ^' ^^ afterwards, and after making of the faid
In td Count promife and undertaking fo made as aforefaid, to wit, on the eighth
^ould be nude day of Auguft 1786, at, &c. was (3) creafed a peer, and was then
• peer. . qn(itbfre called tg the houfe g/'/z^rj, whereof he the faid John after?
(3) In jd Count v^rards? to wit, pn, iic. at, <kc. h^d notice ; by reafdn whereof
adicpunt. ^9 ^^ ^^^^ John, according to the form and rffea of his (aid prp-
Xa cpunt ^i^^ ^nd undertaking, became liable to pay, s^nd ought tp have p9i4
CO the faid Henry the (aid fum of one hundred guineas, to wit, at»
&c. And whereas alfp (fame as firft Count, leaving out the words
in italic.) An^ whereas alfo (fame as firfl CouQtj (eaving out the
words in italic, and pbferVing the margjnal notes ; money lent an4
advanced, hadandre^eivea y and hre^cb). Qrawn bjj. G&^h^*
pedarafiofi ip LONDON, ff. LanceJQt Doi^biggin, late of London, tup*
afumpfit for veyor^ was attached to anfwer unto James Smith in a plea of tref^
^rds, atlfuil'of P*f? ^" ^^^ ^^^^ » ^ft^ thereupon faid pjaintjff, by A. B. his attor*
the winner a- ney, complains, that vyHerea§ heretofore, t^ wit, on, &c. at, iic^
pini| the lofcf
Uy (tf) Vide t&e cafe of Smith v. Ary, 3. 81, 258. Holt, 319. j. Mod. 13,
^ SaJk. 44. 6,Mp<tx»8. i;^. Mod. 69, 70, i. tutw. 180, ' '
ASSUMPSIT GEN£RAL.-*»Ok WAGERS. i$f
•
io consideration diat the faid plaintiff, at the- fpecial inftance andl
requeft of the (aid defendant, had then and there agreed and un-
dertaken, and faithfully promifed (aid defendant, to play at cards
with him (aid defendant, and to pay him fuch fum or fums of
money as he the faid plaintiiF (hould lofe to faid defendant, by
means of his fo playing with him faid defendant as aforcfaid, when
be the (aid plalntiflF ibould be thereto requefted, he the faid de-
fendant then and there, to wit, on the day and year aforefaid, at;,
&c. afore(aid, agreed to play at cards with him the faid plaintiff^
and to pay to him the faid plaintifF all fuch fum or fums of monev
as he faid defendant (hould lofe to faid plaintifF by means of his (o
playing with faid plaintiiF as aforefaid, when he the faid defendant
(hould be diereto afterwards requefted; and faid plaintifF avers^
that he, confiding, &c. did afterwards, to wit, on the day and
year aforefaid, at L. &c. aforefaid, play at cards with faid defen*
dant, who did alfo then and there play at cards with him (aid
plaintifF; and although (aid defendant, bv means of his fo playing
at cards with faid plaintifF as aforefaid, aid then and there lofe to
him (aid plaintiff, who did then and there win of and from the (aid
defendant divers fums of money, in the whole amounting to a *
laree fum of money, to wit, the fum of nine pounds nineteen
(hillings and fixpence of lawful, &c. whereof no part was then and
there paid to (aid plaintiff^ and although faid defendant was re-
quefted by faid plaintiff to pay him (aid uim of money fo by hioi
loft to (aid plaintiff in manner aforefaid, yet the faid defeudanti ^
not rorarding, &c. but contriving, &c. to deceive, &c. faia
plaintiff in this behalf, did not, nor would at faid time, when he
was (b requefted as aforefiiid, pay, nor hath he at any time hither*
to paid faid fum of nine pounds ninetben {hillings and fixpence,
fo by him loft to £ud plaintiff, or any part thereof, to him faid
plaintiff, but to pay the fame, or any part thereof, to faid plaintiff^
bath hitherto wholly refufed, and ftill refufes fo to do, to wit, at
L. aforefaid. (Count for money had and received, &c« infimul
C9mfuta^et ; and common conclufion.) Drawn by Mr* 1 iod^ ^
10
In the County Court of Lancafter.
LANCASHIRE, Jf^ Thomas Raby, by virtue of his ma* Dedaratlon
jefty^s writ of jufticies, was attached to anfwer to Jofeph Wig«> couaty court by
ney in a plea of trefpafs on the cafe, to the damage of the faid i^l^'* ^f ^
Jirfephof ten pounds, and there are pledges to profecute, to wit, J*^' T?^/*^
John Doe and Richard Roe ; and whereupon tlie faid Jofeph by two u> one,'
A. B« his attorney complains, for that whereas heretofore, to wit, play or pi^y.
cm the firft Odober A. D. 1787, at Manchefter, in the county
of Lancafter, and withtn the jurifdiAion of the faid court, it was
agreed by and between the faid Thomas and the faid Jofeph,
that they the faid Thomas and Jofeph (hould foon afterwards, that
is to (ay, at the hour often of the clock of the morning of the next
day, meet and play together at a certain game and paftime, that
isl to (ay, a certain paftime called the Game of Bowls, upon a
cemio place called % Bowling Greenj fituate at M* aforefaid,
1 4. in
I«0 ASSUMPSIT GENERAL.— On WAGERS^
in tfaie county and jurifdiftion aforefaid { and thereupon, in con«
fideration thereof, and alfo in coniideration that the (aid Joleph, at
the fpecial inilrance and requeft of the faid Thomas, had then and
there undertaken, and faithfuHy promifdd the faid Thomas, to pay
him on^ guinea^ (that is to fay, one pound and one (hilling, of
lawful, &c.; if the faid Thomas would beat the faid Jofeph in the
faid intended game, (play or pay,) whenever after the determina-
tion thereof he the faid Jofeph ihould be thereunto requefted, be
the faid Thomas dndertook, and then and there bithfully promtied
the (aid Jofeph to pay him, the (aid Jofeph, two guineas^ (that is to
fay, the fum of two pounds and two (hillings, of like lawful money,)
if the faid Jofeph (hould beat the faid Thomas in the faid intenacd
game, (play or pay,) whenever after the determination thereof
be the faid Thpmas (hould be thereunto requefted $ and the faid
Jofeph in fadk fays, that afterwards, to wit, at the faid day, timci
and place, appointed for playing and determining the (aid intend*
ed game, to wit, Ht M* afore&id, in the county and jurifdidioi|
aforefaid, the faid Jofeph was ready and willing, and then and there
iattendedi and tendered, and oiFered himfclf agatnft the faid
Thomas, to play the faid game with him, according to the tenor
and etfbiSt of the (aid agreement j but that the (aid Thomas did
inot, nor would then attend and play the (aid game with the fai^
Jofeph, but then and there neele£ted and reefed fo to do, and
therein, and then and there wholly negleAed and made defaulcthere*
• |n i whereby, and by reafon whereof, and according to the teno^
and effed of the did promiie and undertaking of the (aid Thomas^
be the faid Thomas then and there became liable to pay to the (aid
Jofeph the faid fum of two pounds and two killing's, whenever
afterwards he the faid Thomas (hould be thereto reque(ted : Yet
Condutob ^^ ^^'^ Thomas, not regarding his (aid promife and undertaking
Ft-TPt fQ |)y iiiin made as aforefaid, but contriving, and fi-audulently in«
tenmngt craftily and (itbtiUy to deceive ana defraud the (aid Jofcpl)
in dus behalf, hath not paid the fum of two pounds and two (hii«
lings, or any part thereof, to the (aid Jofeph, (aldiough fo to.dO|
he the faid Thomas was reouefted by the faid Jofeph afterwards,
to wit, on the thiid day of the (aid month of Odpber, in the year
afirefaid, and often afterwards, to wit, at M. aforeiaid, within the
county and JurifdiAion aforefaid,) but he fo to do hath hitherto
wholly refu(ed and ftill refq/es. (ftd Count, money had and re^
ccived: andcommop^onclufion*) Damages ten pounds* Suit, &c«
Tho. Bakeow.
Ou FEIGNEP ISSUES.
Ffigned irae to YORI^SHIRE, to wit. Be it remembered, that on Friday
try a risbc of^^^^ ^^er eight days from the day of St. Hilary in this (ameTerm,
commoD in re- before our lord the king at Weftminftery comes JohoBxaithwaite^
fyc€t of fhin*
tiff's freehold <nd copyhold elUtes on certain waAe grounds indofcd by ad of paitaacnt, brought
by a ckimai)tagatail one of tho fiommiflonas fbffinclofif^by^ftttcof S€<avlbifttfa«^
hv
ASSUMPSIT GENEICAL.— Ok FEIGNED ISSUES. WI
by John Damborough his att<»mev, and brings Into the court of
our fiud lord the king, befbte the king himfelf now here, his cer-
t»n bill againft John Bradford^ being in the cuftody of the mar{haj
of the marlbalfeaof ou^lord die no^ king, before the king him*
felf, of a plea of trefpafs on the cafe, and there are pledges for the
profecution, to wit, John Doe and Richard Roe, which faid bill fol-
lows in thefewords^ to wit: York(hire,towit,JohnBraithwaite com-
plains of John Bradford, bein^ in the euftody, &c. for this, to wtt, that
whereas on the firft day of January A. D. 1795) at the townihip
of Skelton in titt faid county or York, a certain difcourfe was
moved and bad by and between die laid John Braithwaite and John
Bradford, of and concerning ^ certain zSt of parliament made and
pafied in the thirty-fourth year of ^ the reign of our faid lord the
prefent king, intituled, *< An s£t for dividing and indofing the open
^ common fields, in^s, moors, commons, and wafte grounds with-
^ in the townfliip of Skelton, in the canon fee« manor, and parifli
*< of Ripon, in theWeft Riding of the county of York/' and of and
concerning the moors, commons and wafte grounds, by the faid
mEt intended to be divided and indofed, and the rights of common
thereupon ; and upon that difcourfe a certain queftion then and
Acre arofe, and was debated between the faid plaintiff and the faid
defendant, whether the faid plaintiff was entitled to a right of com*'
mon in and upon the faid moors, commons and v/afte grounds, for
or in refpe^ of the (everal freehold *and copyhold tenements in the
town of Skelton aforefaid, of him the faid fohn Braithwaite, here-
inafter mentioned, that is to fay, one freehold meiTuage, or fcite
cf a nocfliiage, late Parker's, and known by the ntime of Terrers
Garth ; one other freehold mefluage, or fcite of a mefluage, late
Parker's, and known by the name of Rigg Garth ; one freehold
mefliiage, or (cite of a mefiuage, called Kapers; one copyhold
cot, or fcite of a cotts^i five copyhold meflua^es, or fcite of
mefiiiages, in Scruton Gates j or for or in refpea of any of the
fiime freehold or copyhold tenements} and thereupon the faid .
pbintiflF then and there aflerted and affirmed to the (aid defendant,
that he the iaid plaintiff was entided to right of common in and
upon die laid moors, commons, and virafte grounds, for and in
lefped of all the laid frediold and copyhold tenements of him the
laid plaintiff, which iaid aflertion and affirmation of the faid John
Brasthwaite die laid John Bradford then and there wholly denied ;
and thereupon afterwards, to wit, on the fiune day ai^ year* afore-
laid, at the tpwnlhip of Skelton aforefaid, in the county aforefaid,
in confideration that the laid John Braithwaite, at ^he fpecial in-
ftance and requeft of the faid John Bradford, had then and there
paid to the kid John Bradford the fum of nine pounds of ^lawful
mci^y of Great Britain, the laid John Bradford undertook, and
then andf there fiuthfullv promifed the laid John Braithwaite to pay
him die fum of forty millings if the faid plaindff was enuded to
a rieht of common in and Upon the laid moors, commons, and
wmc grounds, for and in relpeft of the laid firft mentioned free<-
JK>U ttneqiciit il him ti)f islid plaintiffs ^^ the further fum of
ferty
IM ASSUMPSIT GENERAL,~Ok FEK^NED ISSUES,
forty (hillingS) if the iiaid John Braithwidte was entitled to a right
of common in and upon ^e faid moors, commons, and wafte
grounds, for and in nfpcA of the faid freehold tenement of the fai4
plaintiff fecondly ahove mentioned $ and the further Turn of forty
fhillings, if the (aid plaintiff was entitled to right of cogimon 19
and upon the faid moors, commons, and wafte grounds, for an4
jn rcfptSt of the laid freehold tenement of the faid plaintiff thirdly
sibove mentioned ) and alfo the further fum of forty (hillings, if
the faid plaintiff was entitled to a right of common in and upon the
faid moors, commons, and Wafte grounds, for and in Tc{pc& of
the faid firft mentioned copyhold tenement of the faid plaintiff;
and the further fum of forty (hillings, for each of the faid five laft
mentioned copyhold tenements of the faid plaintiff, for and in
itfpcSt of which the faid plaintiff was entitled to right of com*
n^on in and upon the faid moors, commons, and wafte groundi,
if the faid plaintiff was entitled to fuch right of common for and
in refpe£i of the (aid five laft mentioned tenements, or any of
them : and the faid plaintiff avers, that he the faid plaintiff* thea
v^s and is entitled to right of common Jn and upon the faid moors^
commons, and wafte grounds, for and in refped of each and
every of the faid freehdd and copyhold tenements of him th^ (aid
plaintiff, to wit,< at the townfhip of Skelton afbrefaid, in the
county aforefaid, whereof the (aid defendant afterwards, to wi^
on the fame day a^id year aforefaid, at the townfhip of S. afore-
faid, had notice ; and by reafon of the premifes afore(aid, the (aid
(defendant then and there became liable to pay, and ought accord-
ing to his faid promife and undertaking to have paid to die (aid
Slaintiff the fum of eighteen pounds, to wit, the fum of forty
killings for each of the faid feveral freehold and copyhold tene*
ments of the (aid plaintiff, for and in re(pe<5l of which the fiu4
plaintiff was entitled to fuch right of common as afbrefaid : Yet
the faid defendant, not regarding his faid promife and undertaking
fo made in that behalf as aforefaid, but contriving and fraudu*
lentiy intending, craftily and fubtilly to deceive and defraud th^
hid plaintiff in this behalf, hath not, although often requefted^
paid the fum of eighteen pounds, or any part thereof, to the faid
plaintiff, but to pay the fame, or any part thereof, to the faid
plaintiff, hath hitherto wholly refufed, and ftill doth refufe, to the
(aid plaintiff his dam4|;e of twenty pounds } an^ therefore b^
\>pings his fuit^ &C4
|lifa. And fhe faid defendant, by A* B< his attorney, comes an4
4efends the wrong and injury when, &c. and fays, that the (aid
pUintiff ought not to have or maintain his aforefaid a£tion thereof
tgainft himi becaufe he fays, that true it is that fuch difcourfe
Was had and moved, and that fuch queftioo arofe and was debate4
between the faid plaintiff and the faid defendant, and that the faid
defendant did undertake and promife in manner and form as the
(aid plaintiff hath above in his faid declaration alledged -, but the
(aid defendant further fays, 9s to the fum of forty (hilling part
©f
ASSUMPSIT GENERAL^N FEiaNED ISSUE& 1^
of the laid eigfateea pounds in the faid dcdantlon motioned, the
faid plaintiff was not entitled to fuch fisht of common iii and
upon the iaid moors» commons, and waue grounds, for and in
refped of the laid freehold tenement of the faid plaintiff, as the
^d plaintiff hath in his £iid declaration above alledged $ and of
this the bid defendant puts himfelf upon the country ; and the faid
plaintiff doch the like : and as to the fum of forty (hillings, other
part of the faid fum of eighteen pounds, in the faid declaration
mentioned, the Csid defendant fays, that the faid plaintiff was np^
entided to fuch right of common in and upon the laid moors^
commons, and wafte grounds, for and in refpect of the faid freeholq
tenement of the faid plaintiff fecondly above mentioned, as the
laid plaintiff hath in bis faid declaration above alledged -, and of
this the laid defendant puts himfelf upon the country ; and the
bii plaintiff doth the like : and as to the faid fum of forty (hillings,
other part of the faid fum of eighteen pounds, in the faid decla--
ption mentioned, the laid defendant fays, that the faid plaintiff
was not entitled to fuch right of common in and upon the faid
moors, commons, and wafte grounds, for and in refpedl of the
|aid freehold tenements of the faid plaintiff thirdly above mentioned,
as the faid plaintiff bath in his faid declaration above alledged ;
find this the (aid defendant prays may be inquired of by the country |
and the faid plaintiff doth the like : and as to the fum of forty
(hillings, other part of the faid fum of eighteen pounds, in the
find declaration mentioned, the faid defendant lays, that the faid
plaintiff was not entitled to fuch right of common in and upoi^
the faid moors, commons, and wafte grounds, for and in refpe(5l
of the laid copyhold (enetpent of the faid plaintiff firft above
mentioned, as the faid plaiiitiff hath in his faid declaration above
plledgedi and of this the faid defendant puts himfelf upon the
country ; and the faid plaintiff doth the like : and as to the fum
often pounds, relldue of the faid fifm of eighteen pounds, in the
fiiid declaration mentioned, the laid defendant fays, that the (aid
p^intiff was not entjded to fuch right of common in and upon
the laid moprs, commons, and wafte grounds, for and in refpe^
of the faid ^ve copyhold tenements of the faid plaintiff, in the
laid declaration }aftly above mentioned, or of any of them, as the
^d plaintiff hath in his faid declaration laftly above alledged ^
and of this the laid defendant puts himfelf upon the country;
and the (aid plaintiff dqth the lilce. Therefore let a jury there*
upon, come before our lord the king, at Weftminfter, on
Dext, after twelve, &c« by whom, &c. and who neither,
fee. becaufe as well, &c, the fao^e d^y is given to the faid parties,
It t|)e (am^ placC) ^c«
Gjto. \YooD,
PSyONSHIRE. Declaration ftates, that whereas plaintiff. Feigned liTue ^
flPlthe ift May 1791 and long before, was and ftill is an houfe- ^- B. between
the corporacioQ
ff fock and an bo^lioldcr within the berou^h ri^ht of common on the corporation Unds, veJ nen^ ^
bolder,
in ASSUMPSIT GENERAL— On FEIGNED ISSUES.
holder, inhabiting and refiding within the bofough and county of
the town of Poole, and paying fcot and lot there. And whereas i
alfo defendant afterwards, to wit, on the day and year aforelaid,
and long before, was and ftill is lawfully entitled, under and by !
tirtue of a certain prefcriptive right of common of pafture in and i
upon a certain wafte or common, called Canford Heath, fituaie
In the parifh cf Great Canford, in the coonty of Dorfct, for alt
his commonable cattle, levant and couehant, upon a certain mef«
fua^e, farm, and lands, with the appurtenances, fituate and bejng
at Kingilon, within the faid patifli of Great Canford, in the
county cf Dorfet, and alfo to cut and carry away furze and heath
off and from the faid wafte or common called Canford Heath, fur
his neccfikry fuel to be burned and confumed in the (aid melltiage,
with the appurtenances, every year, at all times of the year, as
need or occation hath been and required. And whereas alfo af-
terwards, to wit, on the day and year aforcfaid, at Tiverton, in
the faid county of Devon, a certain difcourfe was moved and had
between plaintiff and defendant of and concerning a certain body
politic corporate, incorporated heretofore by divers names of in-
Kafn« and ftyie corporation, that is to fay, by the name of Mayor and Burgefles,
of ^hc corpora. ^^^ ^f j^^^^^^ Bailiffs, and Burgeffcs, and of Mayor, Baflift,
Burgefles, and Inhabitants of the Town of Poole, and now by
the name of The Mayor, Bailiffs, Burgefles, and Commonalty
of the Town, and of and concernine a certain right which each
and every cf the members of that body politic and corporate, from
time whereof the memory of man is not to the contrary, have re«»
fpeftively had, and for all the time laft aforefaid of right ought to
have had, and flill of right ought to have, for themfelves and
every of them, to turn in and dcpaflure their commonable csittle,
levant and couchant, within the faid borough and county, upon
faid wafle qr common called Canford Heath, and to cut and carry
away fuize and heath o(F and from the faid wafle or common called
Canford Heath, for necellary fuel to be burned and confumed in
their refpcftive meflbages or dwell ing-houfes within the faid bo»
rough and county of the town of Poole, every year, at all times
of tne year, as need or occafion hath been or required; and alfo
whether plaintiff, by being fuch houfebolder, inhabicing and re-
fining within the borough and county of the town of Poole, and
paying fcot and lot there as aforeiaid, was a part or a member of
the aforefaid body politic and corporate, and therefore entitled <q
turn in and depatlure his commonable cattle, levant and couchant^
v/ithin the faid borough and county, upon faid wafte or comm(^
calh'd Canford Heath, and to cut and carry away furze ^.:d hc?iti|
c fF and ft 0!n the faid wafte or common, in manner and form as
the members of the aforefaid body politic and corporate have been
and dill are rcfpedively entitled to do as ^orefaid ; And upon that
'^*1^ "^''^^ difcourfe plaintift' then and there afertid and affirmii^ thai by hi-
and ami ms. Ing fuch houjcholder^ inhabiting and refiding within the boiougb ^
and county of the town of Poole, and paying fcot and lot tber^
as aforefaid, be the (aid plaintiff was a part or member of this
aforefiu4
OEMERAt ASSOMPSJT.-Ok FEIGNED ISSUES. 125
afordaid body politic and corporate, and therefore entitled to turn
10 and depafture his commonable cattle, levant and couchant,
itithin the faid borough and county, upon {aid wade or common
called Canford Heath, and to cut and carry away furze and heath
oflFand from (aid wa&e or common, in manner and form as all and
every the members of the aforefaid body politic and corporate are
refpeflively entitled to do as aforefaid ; which /aid affirtion and DefendMi ^*
affirmation of plainciiF, defendant then and there wholly contra- "^^
diAed and denied : and thereupon afterwardsy to wit, on the fame p^q^k^
day and year aforefaid, at T. aforelaid, in the county aforefaid, in
conftderation that plaintiff, at the fpecial Inftance and requefl of
defendant, had undertaken, and then and there (aithfully promifed
faid defendant, to pay him the fum of ten pounds ten fliillings of
lawful money of Great Britain, if the plaintiff, by being fuch
boufdiolder, inhabiting and refiding within the borough and coun-
ty of the town of Poole, and paying fcot and lot there as afore*
iaid, was not a part or member of the aforefaid body politic and
corporate, and thejrefore not entitled to turn it\ and depafture his
commonable cattle, levant and couchant, within the laid borough
and coun^, upon £ud wafte or common called Canford HeaSi,
aid to cut and carry away furze and heath off and from faid wafte
or common called Canford Heath, in manner and form as all and
every the members of the aforefaid body politic and corporate are
refpeAively entitled to do; and plaintiff zmcx%<^ that by being fuch PUlntUr avert
houfeholder, tnhabitingand refiding wiihin the borough and county th»t he is.
ofdie town of Poole, and paying fcot and lot there as a^refaid , he the
iaid plaintiff was a part or member of the aforefaid body politic and
corporate, and therefore was entitled to turn in and depafture his
commonable cattle, levant and couchant, within the faid borough
and county, upon faid wafte or common called Canford Heath,
and to cut and carry away furze and heath off and from faid wafti;
or common, in maimer and form as all and every the other mem«
bets of the aforelaid body politic and corporate are refpeclively
entitled to do; by reafon whereof, and according to the faid pro-
mife and undertaking of defendant fo made as aforefaid, he f^id de-
fendant became liable to pay plaintiff faid fum of ten pounds ten
fliillings, to wit, at T. aforefaid, in the county of Devon afore-
faid, whereof defendant afterwards, to wit, on the day and year
aforelaid, there had notice. And whereas alfo plaintiff, on laid sd Caunt.
firft of May 1791, smd before, was and ftill is an houfeholder,
inhabiting and refiding within the borough and county of the town .
of Poole, and paying fcot and lot there : and whereas alfo defen-
dant afterwards, to wit, on the fame day and year laft aforelaid,
and long before, was and ftill is lawfully entitled, under and by
Tiitne 5 a certain prefcriptive right, to common of pafture in and
open faid wafte or common called Canford Heath for all his com-
QonaUe cattle, levant and couchant, upon a certain meffuage,
farm, and lands, with the appurtenances, fituate and being at
Kingfton^ within the laid parilh of Great Canford, in the county
af Dorieti and alfo to cut and carry away furze and heath off
and
lt6 ASSUMPSIT GEKERAt.— dw FtllGNED ISSUfl
and from faid heath or common for his nf ceflitrj fuel to be burned
and confumed in his {aid laft-mentioned meffuage, with the ap-
EurtenanccSt cvciy year, at all times of the jrcar as occafion hath
een and required : and whereas alfo afterwards^ to wit, on the
Ikme day and year aibrefaid> at T. aforefaid^ in the county of
Devon, a certain other difcourfe was moved and had between
plaintiflFand defendant of and concerning a certain body politic
and corporate, incorporated heretofore by divers names of incor-
poration, that is to fay, bv the name of Mayor and Burgcfles,
and of Mayor, Bailiffis, ana Burgefles, and of Mayor, Bailiffs,
Burgeffcs, and Inhabitants of the Town of Pcole, and now by the
name of the Mayor, Bailiffs, BurgefTcs, and Commonalty cf the
Town of Poole, and of and concerning a certain right which each
and every the members, body politic and corporate, from time
whereof the memory of man is not to the contrary^ have reipec-^
tively had, and for aH the time laft aforefaid of r ght ought to
have had, and ftill of right ought to have, for themfclvcs and every
of them, to turn in and depafture their commonable cattle, levaiit
and couchant, within the laid borough and county of the town of
Poole, upon faid wafte or common called Canferd Heath, and to
cut and carry away furze and heath off and from faid waffe and
common for neceffary fuel to be burned and confumed in their re-
ipe£fcive mefTuages or dwelHng-houfcs within faid borough and
county of the town of Poole, every year an»l at all times of the
year as need or occafion hath been and required i and alfo whether
IVMcther plain- plaintiff, by being fuch houfeholder, inhabiting and refiding with-
iiff by being jjj ^^ borough and county of the town of Poole, and paying fcof
€w to^^ame •"^ ^^^ *^^^ ^^ *** aforefeid, was a part or member of the lafl-*
^'.n ^ term mentioned body politic and corporate, [(a) within the intent and
bmrgen^ti ftc meaning of the word or term burgenfe's or burgeffes, mentioned
and made ufe of in the feveral aas of parliament, charters, and
grants made and granted to the lafV-meniioned body politic and
corporate, prior to the making and granting of a certain charter
made and granted to that body politic and corporate by our late
fovereign queen Elizabeth, on the twenty- third of June which
was in the tenth year of her reign, and m the year 1568, and
» commtiuis, within the intent and meaning of the word cam^nunitas or com«
*^* monalty mentioned and made ufe of in the laid charter of our fiud
late* fovereign queen Elizabeth, and in other grants and charters
which have been from time to time made and granted to the fiiid
Idl-mentioned body politic and corporate fubfequently to the mak«
in<^ and granting of that charter, and therefore entitled to turn in
and depafture his commonable cattle upon faid laft mentioned
waile or common, in manner and form as all and every the mem-
bers of the faid laft-mentioned body politic and corporate are re-
fpefliveiy entitled to db as laft afbreiaid] ; and upon that difcourfe
plaintiff afterwards, to wit, on firft of May i79i> at Tiverton
(c) What is iniertcd within l>rackets not la the firA Cotat.
afore*
ASSUMPSIT GENERAL— On FEIGNED ISSjUESw liji
Afiutlaid, in the countjr aforefaki, afieited and affirmed, that hy ^^'^^^ ^^rtt
Weing fuch houfehoklery inbabitiog and refiding within the borough '^ '^™'*
and county of the town of Poole^ and paying fcot and lot there as
hft aibrefaid, the faid plaintiff was a part or member of the laft-
mentioned body politic and incorporate, within the intent and
meaning of the word burgenfes or burgefTes mentioned and made
ufe of in die fevcral a£ts of parliament, charters, and grants
tnade and granted to the laft-mentioned body politic and corporace^
prior to the making and granting of the faid charter of our late
Ibvereign queen Elizabeth, and within the intent and meaning of
^e word amtmunitas or commonalty mentioned and made uk of
in the laid charter of our faid late foveretgn aueen Elizabeth, and
in the a£b of parliament and other grants and charters which from
time to time have been made and granted to the faid laft-mentioned
body politic and corporate fubfequently to the making and grant*
ing of the faid charter of our laid laie ibvereign queen Elizabeth,
aim therefore entitled to turn in and depaflure his commonable
cattle upon laid laft-mentioned wafte or common called Canfbrd
Heath) and ta cut and carry away furze and heath off and finom
tho fiud wafte or common, in manner and form as all and every
the members of the (aid laft-mentioned body politic and corporate
are refpedively entitled to do as laft aforefaid; which iaid laft«
mentioned aflertton and affirmation of plaintiff he (aid defendant
then and there wholly contradicted aiad denied : and thereupon Defendant 4»>
afterwards, to wit, on faid firft of May 179 J 9 at T, afore&id, in niet*
confideration that plaintift*, at the fpecial inftance and rSqueft of
defendant, had undertakdi, arid to defendant then and there fatth«
iuUy promifed, to pay to him the fum of ten pounds ten (billings
of lawfiil money of Great Britain, if he the uid plaintiff, by be*
ing fucb houfehoMer, inhabiting and refiding within laid boiongk
and county of the town of Poole, and paying fcot and lot there
as laft a[foreiaid, was not a part or member of the laft-mentioned
body politic and corporate, within the intent and meaning of the
feveral words or terms of burgenfes or burgefTes, and tommunitai
or commonalty, fo refpedlively mentioned and made ufe of in the (e<»
Yend relpedtve aAs of pariiament, grants, and charters which have
from time to time been made aiid granted to the (aid laft-mentioned '
body politic and corporate, in manner as afose&id, and therefore not
entitled to turn in and depafture his commonable cattle upon the
laid laft«mentioned wafte or common called Canford Heath| and
to c«t and carry away furze and heath off and from die faid wafte
or common in manner and form as all and every the members of
the laid laft-mentioned body politic and corporate are ve^Sively
entitled m do as laft afore&id; he (aid defendant undertook, and
to plaintiff dien and there faithfully promifed, to pay him. the fum
of ten pounds ten Ihillings.of like lawful money, if he faid plains
tiff, by being fuch boufeholderi inhabiting and refiding within the
borough and county «f the town of Poole, and paying fcot and lot
there as- laft aforefaid^ was a. part or member of the (aid laft-men«
tioned bod)i politic and oerporaiie, within the intent and meaning
n8 ASSUMPSIT G£NERAL.-^k FEIGKED ISSUEl
of the faid fevera! words or terms of lurgenfes or burgefles^ am!
c&tnmunitas or commonaltv, fo refpeAively mentioned and made
ufe of in the feveral and refpeftive a£b of parliament) grants, and
charters which have from time to time been made and granted to
the laft-mentioncd body politic and corporate, and in manner aa
afbrefaid, and therefore entitled to turn in and depafture his com-
monable cattle upon faid laft-menttoned wafte or common called
Canford Heath, afid to cut and carry away furze and heath oflF
and from the iaid wafte or common, in manner and form as aD
and every the members of the fiiid laft-mentioned body politic and
corporate are refpeftivdy entitled to do as laft aforefaid: and
Fhmtlir avert plaintiiF avers, that he the faid plaintiff, by being fuch houlebol-*
i*"rii^* '• ^!*^' dcr, inhabiting and refiding within the borough and county of the
n^^ meaiuDK, ^^^ of Poole, and paying fcot and lot there as laft aforeiaid, was
A part or member of the nid laft-mentioned body pditic and cor*
porate, within the intent and meaning of the iaidfeveral words or
terms of burgenfes or burgefles, and ccmmunitas or commonalty,
fo refpedively mentioned and made ufe of in the feveral ads of
parliament, grants, and charters, which from time to time have
been made and granted to the fiiid laft-mentioned body politic and
tforporate in manner as aforefaid, and therefore entitled to turn in
and depafture his commonable cattle upon the &id laft-mentioned
wafte .or common called Canford Heath, and to cut and carry
away furae and heath ofFand from faid wafte or common, in manner
and form as all and every the members of the fkid laft-mentioned
body politic and corporate are refpe£lively entitled to do as laft
aforefaid ; by rcafon whereof, and according to the laft-mentioned
undertaking of defendant, he faid defendant became liable to pay
to plaintiff the faid laft-mentioned fum of ten pounds ten ftiilHnzs,
to wit, at 1\ aforefaid, in the (aid county of Devon, whereof de-
fendant afterwards, to wit, on fame day and year laft aforefaid,
there had notice* (Common condufton in affumpfit.) Damages
twenty pounds.
Tclgntd \m» to YORKSHIRE, to wit. W. H. and H. C. being refpediveif
try whether the owners of certain mefTuages, lands, and tenements fituate and
rifhti of certain j^^jj^^ jj^ ^^ hamlet or diftria of, &c. in ttie parifti of, &c. in
S^"^^ the faid county of Yoric, complain of W. T. efq. J. G.
cactDpiiflicd. clerk, J.G. and G. W. being rcfpeaively perfons claiming right
of common in the moors or wafte grounds direded to be divided
and inclofed by virtue of a certain aft of parliament made and
paiTed in the twenty-feventh year of the reign of our fovereign
lord the prefent king, entitled, «* An ad for dividing and enclo-
** fmg certain moors, commons, or wafte grounds in the pariCh
*< of, &c. in the county of York, being in the cuftody of, &ۥ"
for that whereas on, &c. at, &c. in, fclp. a certain diteourfe*was
moved and had by and between the (aid plaintiffs and the faid de-
fendants, of and concerning a certain common or parcel of
wafte ground called, ice. within the (aid parifh of, &c. in tha
(aid zii alfo mentioned, and the rigfais of coqfunon thereon to
which
ASSUMPSIT GENERAL.~On FEIGNJED ISSUES- »9
wUch the iaid W. H« was intitled for and in refpefl of his faid
' meSuzgeSy lands|rand tenements; andalfo of and concerning the
proportion of the fame dioor, common^ or parcel of wafte ground
which oughrto be allotted to the faid W. H. for and in refpeA
of his aforeCiid mefluages, lands, and tenements ; and upon that
difcourfe a certain queflion then and there arofe and was debated
between the (aid plaintifis and the faid defendants, whether the
refpedive commons of pafture and turbary which the faid W. H«
was entitled to upon the faid laft-mentioned moor, common, or
parcel of wafle ground, for and in refped of his faid meiTuages^
lands, and tenements, or any of them, ought to be apportioned, by
reafon that certain moor, commons, or wafte grounds called, &c«
bad theretofore been divided and inclofed under and by virtue of a
certain .a£k of parliament, made and paiTed in the twentieth year
of our (aid lord the king, intitled, ^* An aft for dividing and in«
^ clofing certain moor, commons, or wafte grounds in the manor
'^ or townihipof, &c. in the Weft Riding of the county of York,''
and that a certain allotment had been made of a certain part of
the iaid laft-mentioned moor, commons, or wafte grounds to the '
then owners of the (aid mefluages, lands, and tenements, now of
the laid W. H.; whereby, and by virtue of the faid laft-mentioned
a<3, the rights of common upon the iaid laft-mentioned moors,
commons, or wafte grounds which at the time of the paifing of the
£ud laft-mentioned ad, were appurtenant to the refpedive mef-
fuages, lands, and tenements of the faid W. H* were extinguiftied
and deftroyed ; and whether the faid W. H. was intitled to no
more than a proportionable allotment in the faid moor, commony
or wafte ground called, &c. having regard and according to fuch al*
lotoienc as aforeiaid } and the faid plaintiffs then and there aflerted
uuLaffirmed, that the refpeclive commons of pafture and turbary,
which the faid W. H. was intitled to upon the faid laft-mentioned
moor, common, or parcel of wafte ground for and in refped of
the faid mefluages, lands, and tenements, ought not to be appor*^
tioned, by reafon of the tsid moors, commons, or wafte grounds
called, &c. bad theretofore been divided and inclofed under and by
virtae of the laid aA of parliament made and paiTed in the twen-
tieth year of the reign of our faid lord the now king ; and that tha
(aid aJlotment had been made of certain parts of the faid laft-men*
tioned moors and commons, or wafte grounds, to the then owners
of the (aid melTuages, lands, and tenements now of the iaid W. H^
ifrisereby and by virtue of the (aid laft-«mentioned a<S, the rights
of common upon the faid laft-mentioned moors, commons, of
wafte grounds,, which at the timue of the palling of the faid laft«
mentioned aA were appurtenant to the refpedive melTuages, lands>
and tenements of the &xd W. H. were extinguiHied and deftroy*
ed ; and the (aid W. H. was intitled to an allotment in the faid
moor, common, or parcel of wafte ground called, &c. without
having regard to fuch apportionment as aforefaid : which faid af* ,
(ertion and affirmation of the laid plaintiiFs they the faid defen*-
dants wholly contradided and denied ; and thereupon afterwards.
Vol.. L K CO
t|l ASSUMPSIT GENERAL.-.OM FEIGNED iSStJES*
to wit, on, &c. at) &c. in, &c. in confideration that the faid
{>laintiiFs, at the fpecial inftance and requeft of the faid defen-
dants, had then and/there paid to the faid defendants the fum <^
five pounds of lawful money of Great. Biitain, they the laid de-
fendants undertook, and then and there fai^fully promifed the
laid plaintiflFs that they the faid defendants would pay to the faid
phintifFs the fum of ten pounds in cafe the refpedive commons of
pafture and turbary, which the faid W. H. was entitled to upon
the faid laft-mentioned moor, common, or parcel of wafie ground
for and in refpedi of his faid mciTuages, lands, and tenements, or
any of them, ought not to be apportioned, by reafon that the faid
moors, commons, or wafte grounds called, &c. had theretofore
been divided and inclofed under and by virtue of the faid z& of
parlianunt made and pafled in the twentieth year of, &c.; and
that the faid allotment had been made of a certain part of the faid
laft-mentioned moors, commons, or .wafle grounds to the then
owners of the faid roefliiagcs, lands, and tenements, now c^ the
faid W. H. whereby and by virtue of the faid laf^-meationed ad
the rights of common upon the faid laft*mentioned moors, com-
mons, or wafte grounds^ which at the time of the paffing of the
faida£t were appurtenant to the faid refpeAive mefluages, lands,
and tenements of the faid W. H. were extinguilhedand deftroyed ;
suid that the faid W. H. was intitled to an allotment in the laid
moor, common, or parcel of wafte ground called, &c. without
Jiaving regard to fuch apportionment as afore(aid. And the iaid
plaintiffs in fa£t, fay, that the faid rcfpe<5tive commons of pafture
and turbary, which the faid W. H. was intitled to upon the iaid
laft-mentioned moor, common, or parcel of wafte ground for and
in refpetl of his f^id mcfTuages, land5, and tenements ought not
to be apportioned, by reafon that the faid moors, commons, or
wafte grounds calUd, &c« had theretofore been divided and in-
clofed under and by Virtue of the faid zH of parliament made and
pafled in the twentieth year of, &c. ; and that the faid allotment
had been made of a certain part of the laid laft-mentioned moors,
&ۥ tOf ice. of the faid mefluages, Uc. now of the iaid W. H.
iftrJiereby and by virtue of the faid laft-mentioned a£i, the rights
of common upon the faid bft«mentioned moors, commons, or
wafte grounds, which at the time of the pafling of the faid laft*
mentioned aA were apportioned to the refpe£tive mefTuages,
lands, and tenements of the faid W. H. were extinguiihed and
deftroyed ; and that the faid W. H. was intitled to an altptment in
the faid moor, common, or wafte ground, called, &c. without
having regard to fuch apportionment as aforeiaid i whereof the
faid defendants afterwards, to wit, on, &c. at, &c. liad notice,
and by reafon of the faid hift-mentioned premiies then and there
became liable to pay, and ought to have paid the iaid plaintiffs the
fum often pounds, to wit, at, &c. And whereas, &c. [Second
Count fame as the firft, except only puttine plaintiff A. C. in tb€
room of W. H« and common conclufion. J A Chambrx.
And
ASSt^MPSlT GfeNfeftAL.'^ON FElCJfjfeD ISSUES. tji
And the faid defendants by A. B. their attorney, tome and
defend the wrong and injury when, &c. and fay a^lp non ; be*
caufe as to the firft-mentioned promife and undertaking they fay,
that true it is that fuch difcourfe was had and moved, and fuch
queRion arofe and was debated by and between faid plaintiffs and t
the faid defendants a3 in the firft Count of the faid declaration is for
that purpofe mentioned; and that they the faid defendants did un*
dertake and promife in manner and form as the faid plaintiffs have
in the faid firft Count of the faid declaration above thereof com*
plained againft thbm ; but the faid defendants further fay, that the
refpediive commons of turbary and paflure> which the faid W, H«
Was entitled to upon the faid moor, common, or parcel of wafte
ground called, ice. for and in refpedl of the faid'mefluages, lands,
and tenements ought to be apportioned, by rea(bn that' the faid
moors, commons, or watte grounds called, &c. had thfcfetofore,
teen divided atid enctofed under and by virtue of the faid a£l of
parliament, made and pafied in the twentieth year of, 5:c. ; and
that the faid allotment had been made of a ccrtaiii part of the faid
laft-mehtioned moors, commons, or' watte grounds to the theii
owners of the faid mefluages, lands, and tenements, now of the
(kid W« H. whereby and by virtue of the faid laft- mentioned a^l^
Ac right of common upon the taid laft -mentioned moors, com-
mons or wafte grounds, which atthc time of the paflingof the faid
Jaft-mehtioned zA were appurtenant to the faid refpecfb've mef«
faages, tandd, and tenements of the faid W. H. were extinguithed
and deftroyed ; and that the faid W. H. was not entitled to aa ' .
allotment in the faid moor, common, or parcel of ground called, i
&c. without having regard to fuch apportionment as aforefaid, as
the faid plaintiffs have above alledged, and of this they put them-
ielves upon the country, &q. [Second plea tofecond Count, fame,
making it agreeable tofecond Count. j £. Law#
v.^^Z!?^^'^*' 9''"i;J of King's Palace at Wcttminfter. a„ ^„^ ^f ,
ROBERT B. by R, ^. his attorney, complams aganiftyi;^,^ jfue in
Richard B. of a plea of trefpafs on the cafe, for that whereas, on thcPaJaceCourt,
the firft day of July, A. D. » 779, at Southwark, in the county of ^o^'y^hctberd©.
S. and Within the jurifdi^on of this court, a certain difcourfe ^Jl^^^^b'^^
tvas moved and had by and between faid plaintiff and faid defen- ^^^ h. M. in
dant, of and concerning a certain caufe or fuit then depending in another aaion;
the faid court of our lord the king of his palace of Weftminfter ^^'^^ «hc pofte4
afore(aid, between the l^id Robert B. plaintiff and one H. M. de- ^r««>»
fendant, in a certain plea of trefpafs on the cafe, to the damage
of the laid Robert B. of ninety-nine fliillingsj and upon that dif-
courfe a queftion then and there arofe, and was debated, between
the (aid plaintiff and the faid defendant, whether the faid defen*
^attit had ever become bail for the faid H. M. in the faid plea or
fuit or not ; and the (aid plaintiff then and there aflerted and af«
finned, that the faid defendant had become bail for the faid H. iii
tbe laid plea or fuit| which laid affertion and affirmation of the faid
K a plaintiff
tSi
ASSUMPSIT GENERAL.— Oh FEIGNED ISSUES.
pbindiF the (aid defendant then and diere wholly denied, and aflert-
ed to the contrary thereof; and thereupon afterwards, to wit, on
the (ame day and year aforeiaid, at S. afore(aid, in the county and
jurifdidion aforefaid^ in confideration that the (aid plaintiff, at the
fpecial inftance and requeft of the laid defendant, had then and
there paid to the (aid defendant the fum of five pounds of lawful^
&c. he the faid defendant undertook, and to the faid plaintiff* then
and there faithfully prt»mifed, to pay to him the faid plaintiff' the
faid fum of ten pounds of like lawful money, in cafe he the did
defendant had ever become bail for the faid H. M. in the faid plea
or fuit : and the (aid plaintiff in hSt faith, that the (aid defendant,
before the making of the promife and undertaking afo^efaid, to
wit, on the 14th of Auguft, A. D. 1778, had become bail in tbe
faid palace court for the faid H. M. to wit, in the palace court
then held>at S. aforefaid, in the county and jurifdi£lion aforciaid,
whereof the faid defendant afterwards, to wit^^ on the firft day of
July, A.D- 1779, at, &c. aforefaid, in, &c. aforefaid, had notice ;
by reafon whereof the faid defendant became liable to pay, and
ought to have paid, to the faid plaintiff the faid fum of ten pounds*
whereof the (aid defendant then and there had notice : Yet the laid
defendant, not regarding, &c. but contriving, &c. to deceive, &c.
the (aid plaintiff, hath not as yet paid the faid fum of ten pounds,
or any part thereof, to the faid plaintiff, (although foto do,&c.)
but he fo to do hath hitherto wholly refufed, and ftill dodi re-
fufe, to the damage of the (aid plaintiff of twenty pounds, for
which he brings his fuit, &c. ; and doth alfo aver that, &c.
And the faid defendant, by Richard H. his attorney, comes
and defends the wrong and injury when. Sec. and fays, that true
it is tbatfuch difcourfe was had and moved by and between the faid
plaintiff and the (aid defendant, as the faid plaintiff hath above al-
ledged, and that the faid defendant did promife and undertake in
manner and form as the (aid plaintiff hath above in and by his (aid
declaration alledged againft him ; but the faid defendant further
faith, that the faid plaintiff a^io non ; becaufe he faith, that he
the faid defendant had not, at any time before the making of the
faid promife and undertaking of the faid defendant, become bail
for the faid H. M. in the faid plea or fuit, as by the faid declara-
tion is abovb alledged J and of this he puts himfelf upon his coun-
Vcnitt facUs In try, and the faid plaintiff doth the like. It is therefore com-
faUce Court, manded by the faid court, to the bearers of the vrrges of the king's
houfehold, the officers and minifters of the faid court, and to every
of them, that they, or one of them, do caufe to come before the
judges of the (aid court, at the court of the king's palace of
Weftminfter, on Friday the fourteenth day of April next follow-
ing to be held here, to wit, at S. aforefaid, in the (aid county of
8. within the jurifdi£lion aforefaid, twelve free and lawful men of
thd neighbourhood of S. aforefaid, in the faid county of S. within
tbe jurifdidion of the court aforefaid, by whom the truth of the
natter may be the better known, and who are in no wife of kin
cither
ASSUMPSIT GENERAL.— On FEIGNED ISSUES, 133
either tcrthe laid plaintiiF or the faid defendant, to make a ceitaia
jury between the faid plaintilF and the faid defendant, between
whom the contention thereupon is, and who have put themfelves
upon the faid jury : the fame day is given by the faid court to the
parties aforcfaid here, &c. At which day, to wit, at the court Po^^a in a ^
of the king's palace of Weftmirifter laftly above mentioned, hoi- ScPaUcl^^
den before the judges of the court here, to wit, at Southwark
aforelaid, in the faid county of S. within the faid jurifdid^ion of
the &id court, on Friday the faid fourteenth day of April, in the
twentieth vear of the reign of our lord the now king, comes as
well the faid plaintiff as the faid defendant, by their aforefiud at-
tornies; and the jurors of the jury before mentioned, to wit, W,
R« [&c. fet out the names pf the jury from the panel] being
called, likewife came ; who being chofen, tried, and fworn to fpealE
the truth concerning the premifes, fay upon their oath, that the '
faid defendant had not, at any time before the making of the pro-
mife and undertaking of the (aid defendant, become bail for the
laid H.M. in the iaid plea or {iiit mentioned in the faid declara-
tion of the ikid plaintiff) as by the faid declaration is above al«
ledged«
There i« no judgment entered upon a upon the piododion of the record which
feigned ifliie. The unly entry that is the court proceed on in the original ac«
neceflivy, or indeed that can take place, tion.
is that of tbe vexdid, wbkh I have drawn V. Lawi tt
MIDDLESEX, //I W. W. late of Charlotte-ftrcet, Bloomf- Ffigmd ifut to
bury, in the county of M. efquire, was attached to anfwer J. G. ^^^*1J!*^*' ^
and R. J. of a plea of trefpafs on the cafe j and whereupon the faid d!?rati!an **hlid''
plaintiffs, by A. B. their attornev, complain, that whereas, on been paid for
the feventh day of February, A. u. 1794, at Weftminfter, in the certain promif.
iaid county of M. a certain difcourfe was had and moved between ^^ "*^*' •"** •
the faid plaintiff and the faid defendant, of and concerning the ^™* ^ ^
promiflory notes and warrants of attorney following, that is to faj', ***''**^'
one promiffory note, bearing date the twenty-ninth day of Augu(r,
A*D. 1 795} made and drawn by one Thomas Wood, for the pay-
ment of the fum of forty*fix pounds by the faid Thomas Wood to
the faid defendant, or his order, two months after the date thereof^
and indorfed with the name of the faid defendant, one other pro-
miffory not^ [&Cr fetting out forty-eight notes, as before] and
alfo a certain warrant of attorney, bearing date the twenty-ninth
day of Auguft in the year aforefaid, and figned and fcaled by the
(aid defendants, authorizing and empowering certain attomies
therein named to fuffer judgment to be figned againfl the faid de-
fendant for the fum of one thoufand fix hundred pounds in the
court of our faid lord the king of the bench at Weftminfter, as
therein mentioned, in order to fecure the payoient by the faid de«
fendant to the (aid Griffin (one of the plauntifis) of the faid feve-
lal fums of mone^ in the tud notes cont<uned i which (aid notes fo
K ^ indorie(^
13* ASSUMPSIT GENERAL.r-On Ff IGNED ISStJES,
indorfed as aforefaid, a(nd which faid warrant ofattorney« on the
twenty-ninth day of Auguft 1785, at Weftminftcr aforcfaid, were
^ delivered by the faid defendant to the faid Robert (one of the faid
plaintiffs) ; and upon that difcourfe it was then and there, to wit,
on the faid twenty-ninth day of Auguft, A. D. 1785 aforefaid,
at, &c. aforefaid, debated between the faid plaintiffs and the faid
defendants, ^^ whether any and what confldera^ion was ever and
^' when paid to the faid defendant, by any and what perfon or
** perfons, for the faid promiflbry notes and warra.^t of attorney,
*< and ejther and which of them j" and thereuport the faid plaintiff
then and there aflerted and affirnned, th^t the fum of two hundred
and forty pounds was, after the delivery of the faid notes and war**
rant of attorney^ paid by the faid Robert to the faid defendant, as
a confideration for the faid promiffory notes and warrant of attor-
ney; w||ich faid aflertion of the faid plaintiffs he the faid defendant
then and there wholly denied, ^nd he the faid defendant then and
there likewife denied that any confideratioj;! whatfoever was ever
paid to the (aid defendant by any perfon or perfons for the faid pro-?
iniifory note and warrant of attorney, or any or either of them: an4
thereupon afterwards, to wit, on the faid twenty«ninth of Auguft,
in the yeai' aforefaid, at, &c. afurefaid, in confideration that the
faid plaintiffs, at the fpecial infiance and requeli of the faid de-
fendant, had then and there pfiid to the faid defendant the fum of
five p )unds of lawi-ful, S^. the faid defendant undertook, &c. to
pay the (um of twelve pence for every twenty (himngs of tb^
laid fum of two hundred and forty pounds, that was on or after
the faid delivery of the (aid promiffory nptes and warrant of attor-
ney, or any or ejther of t|)em, or at ariy other time whatlbeveri
paid to the faid dtrfendant by (he (aid plaintiffs, or either of them,
or any other perfon or perfons, as a confideration fior the faid pro-
piiffory notes and warrant of attorney, or any or either of them ;
and the faid plaintiffs in fad fay, that the faid fum of two hundred
and forty pounds, and every part thereof, was, after the faid deli-
very of the (aid promiffory notes and warrant of attorney, to wit,
on the twenty-ninth of Auguft in the year aforefaid, at, ^c. afore-
faid, paid to the faid defendant by the faid Robert, as a corifidera*
tioii for the faid promiflbry notes and warrant of attorney; and by
reafon of the premifes he the faid defendant then and there became
liable to pay, and ought to have paid, to the fs^id plaintiff the fum
pf twelve pounds, being tbe fqin of t^yelve pence for every twen«
ty (hillings of the faid fiim of two hundred and forty poundS) ac-
cording to his faid pronitfe sind undertaking (p made as aforefaid;
Yet the faid defendant, not regarding, &c. but contriving, itc.
bath not paid, &c. the faid fum of twelve pounds, or any parf
thereof, (^although, ice) Damages, &c. fuit, inc. . . *
Fka thmt^, ^nd the (aid defendant, by C- D* hi$ attorneys comes w4
defends fhe wrong and injury when, kc. and falys, that the fai(f
plaintiff eHjo non \ hecaufe he fays that true it is that fuch dif-
courfe was hiid and oxQveds aiid it w^sd^uited by.an4 Mweeii tbo
^ '\ ■' ;• ■• > feiA
ASSUMPSIT GENERAL.— On FEIGNED ISSUBS, »35
faid plaintiff and the dii defendant as in the r9td declaration is for
that purpofe mentioned, and that he the faid defendant did under-
take and prooiife in manrier ^nd form as the (aid plaintiiis ha^above
thereof cornptained againft hxn\ ^ but the faid defendant further
iaitb, ttut neither the laid fum of two hundred and forty pounds, or
any part thereof, was on or after the delivery of the faid promifibry
notes and warrant of attorney, or either of them^ or at any time
whadbever, paid to the laid defendant by the faid plaintiffs, or ei-
ther of them» OF any other perfon or perfons, as a coofideration
for the bid promifibry notes and warrant of attorney, or any or ei-t
ther of them ; and of this he puts himfelf upon thcr country, an4
tile iaid plaintiff doth the like, iic, ; therefore) &c.
S. {fOLRQTQt
(a) MIDDLESEX,^ J. S. late of Weftrainfter, b the A /flf«*^ s^
county of Middlefex, yeoman, was attached toanfwer untoT.S. outofclwocery,
M. S. E. S. and E. B, in a plea of trefpafs on the cafe, &c. and J^^^'^n^c'T)
thereupon the feid pJaintiffs, by A. B. their attorney, complain, ^"^ehojd' aii^
that whereas on die firft day of January, A. D. 1770, to wit, at leifeholdefUtf^
Weftminfter, in the county of Middlefex aforefaid, a certain di(-
Gouitfe was hs^dand moved by and between the faid plainti^ of thp
one part, and faid J. S. the /aid defendant in tbisjuitj of the other
part, of and concerning divers freehefd efiateSy to wit^ an undi^
vidtd miie^ of divtri fre^hdd meJj[uBtgt%ylands^ and%mnmnt%^jUu^
ate and being in thefeveral counties of MiddUfex and Hertford^
and of and concerning a certain l^afrbeild ejlate^ to witj an undhidfdt
tnoiety of a leafehold ejiate^ Jituvte in th^ Pari/b of &c, in the faicl
epunty of i^c* late the eftates of one J. o. deceafed, and of which
iaid freehold edatcs the faid J. S. deceafcd, on, &c. (the date of
the will) was fetfed in his demefne as of jfee, and afterwards die4
feiied thereof, and of which /aid leafehold eftates the faid J, S. dc'^
ceafedy on the day and year loft n^ntionedy was pojjeffedj and after ^
wards diedfo poffeffed thereof \ and alfo of and concerning a certain
paper writing, bearing date, &c. (the date of the will) purport**
ing in itfelf to be the laft will and teftament of the faid J, S, de-t
ceafed, and whether the faid J. S. deceafed did by the (aid wUl
Revile the faid freehold and leafehold eftates. or not ; and upon that
difcourfe the pbinti^ then and there afferted and af^rmed, that;
the faid J. S. deceafed did, by the (aid paper writing, dated the
&td, &c. devife tfcefaid freehold andUafebold eftates ; which fai(i
affertion and affirmation of the fiiid plaintiffs he the Paid defendant
then and there wholly d^ni^d^^ a,nd then and there alledged the
contrary theipeof: and thereupon aft^virards, to wit, on the faid
Srft day of January, in. the year 1770 aforefaid, at, &c. aforefeid,.
the faid plaintiffs^ at the fpecial ihftance and requefl: of the faid
'defendant, undertook,^ and then and there faithfully promifed the
Ciid defendant, to pay to him the fum of fiv^ pounds, in cafe the
6id J. S. deceafed did not by the Ca^.^ paper writing, dated, &c»
^Hp the &;l(| fi^e^oid and teafeboli ijjates.^. and in confideratioq.
%t\ ' thereof
1^6 ASSUMPSIT GENERAL.— On FEIGNED ISSUES.
ihercof the faid defendant then and there undertook, and fiutbfully
promiled the laid plaintiffs, to pay them the fum of ten pounds in
cafe the faid J. S. deceafed did, by the faid paper writing, dated,
jcc. devife the laid freehold* and leafehdd eftates : and the fiiid
plaintiffs aver, that the faid J. S. deceafed did, by the (aid paper
writing, dated, &c. devife the (aid freehold and leaiehold eftates, to
wit, atWcftminfteraforefaid, whereof the faid defendantafterwards,
to wit, on the (aid iirft of January 1770, at, &c. aforeCnid, had'no^
tice ; by means whereof the faid defendant, according to the tenor
of his promife and undertaking aforefaid, became liable to pay, and
ought to have paid, to the faid plaintiffs the faid fum often pounSs,
to wit, at, &c. aforeiaid : Yet the faid defendant, not regarding
his fa'rd promife and undertaking fo by him made in this behalf as
aforefaid, but contriving, &c. to deceive, &c. the faid plainti(i^ in
this behalf, hath not as yet paid the faid fum of ten pounds, or any
part thereof, to the faid plaintiffs, or to either of them, (although
(o do this the faid defendant was requefted by them the (aid
plaintiffs afterwards, to wit, on the faid firft of January 1770
aforefaid, and often afterwards, to wit, at, &c. aforefaid,) but he
to pay the (ame, or any part thereof, to the faid plaintiffs, or to any
or either of them, hath hitherto wholly refuf<^d, and Aill refufes to
pay the fame, or any part thereof, to the faid plamtiffs, or to any
or either of them; wherefore the faid plaintiffs fay, that they are
injured and have faftained damage to the value of twenty poiindS|
and therefore they bring their fuit, &c.
(tf) In the commop pleM they have nq memcMandun; to the ii|Ue, uofeft i^
|»4ea f hereto. And the faid defendant, by CD, his attorney, comes apq
defends the wrong ^indinjurv when, &c. and faith, that true it is
that fuch a ()ifcourf<^'was had an4 moved by and between the (aid
plaintiffs of the one part, and the faid defendant of the other pa^^
in manner apd form as tlie (aid plaintiffs have above alledged, anq
that faid J. S. deccufcd was, on, j(c. (the date of the witt) (eifpd
in his demefne as of fee of and in the (aid freehold eftates, and
that he afterwards died feifed thereof, a^nd that the faid J. S* d^*
ceafed was, on the faid, i^c. poffeffed of the faid leafehold eftate$^
and that he afterwards died [q po(feffed thereof, in manner and
form as the faid p]aintiff$ have above alledged, and that he the (aid
defendant did qnder(ake s^nd promife in manner and form as the
^id plaintiffs have above al]e4ged; but the f^i^ defendant (av^,
that the faid plaintiffs oqght not to have or maintain their aforelaid
action againft him, becaufe he faith, th^t the faid T. S. 4eceafe4
did not by the faid paper writing, dated, id;, devife me faid fre^
hold and leafehold efta(e$ in manner and form as the faid pLuA-i
TfenLc. tiffs have above in that behalf alledged ; and ^f this he puts hio^*
f^If upon the country, ancl the faid plaintiffs do the Ijke ; there^
fore the (heriff is comiTiapded that he caufe to come here, in thr^
weeks of tl^e Holy Trinity, twelve^ ice. by wliomi kc and whq
ASSUMPSIT GENERAL.*-^K FEIGNED ISSUES. " 137
neither) &c. to recognize, &c. becaufe as well, &c. ; the fame day
is given to the faid parties there, &c.
LONDON, to wit. Be it remembered, &c. M. B.and H. F. A f^ ^
debtors'to our fovereign lord the now king, come before the ba- ^u„*^ plwO*
rons of the exchequer, on Monday the twenty-third of January viz. dimnifica!
in this fame Term, by A. B. their attorney, and complain by bill cus Yelnonpiv-.
againft J. E. J. T. C. and L. F. prefcnthere in court, of the fame «««•, fo mach\j
day, of a plea of crefpafs on the cafe, &c. ; for that whereas, on ?^^^,|1^
the firft of January, A. D. 1775, at L. to wit, &c. a certain dif- j[*5f^gfuip35
courfe was had and moved by and between the faid plaintiffs of the fcflion of plaiiH
one part, and the faid defendants of the other part, of and con-» tiff*«faouie.
ceming the faid defendants having wrongfully taken and held pof-
feffion of a certain mefluage or dwelling-houie, with the appur*
tenances^ in Lombard-ftreet, in the city of L. which had, before
the committing of that grievance, been affigned to the faid plain-
tiffs far the refidue of a certain term of years then and yet to
cooie apd unexpired, and of and concerning the damage and in^
jury which the (aid plaintiffs had fufiained by the faid defendants
fo wrongfully taking and holding poiTeffion thereof, and what the
iame amounted unto ; and upon that difcourfe a certain quedioa
then 2|nd diere aroi^ between the (aid plaintiffs and the iaid defen«*
dants, how much the (aid plaintiffs had been damnified or injured
by the (aid defendants taking and holding poflci&on of the faid
boufe and premi(es j and on that difcourfe the laid plaintiffs thea
and there, to wit, on the faid firft of January in the faid year
1775 aforelaid, afferted and affirmed that their damages by theni
foftained in that behalf, amounted in the whole to a large fum of
mqiicy, to wit, the fuifi of three hundred pounds : which faid aHer-
tum sod affirmation of the (aid plaintiffs they the (aid defendants
ikfi and there wholly denied, and on the icontrary afferted and af^
firmed that fuch damages did not amount to nu>re than forty
pounds : whereupon the faid plaintiffs then and there, at the fpecial
inftanceand rcqueft of the (aid defendantS9 paid to the faid defen«
daotsthe fum of tea pounds, in confideration whereof thefaid defeq-
dants undertook, and /aitbfiUly promifed the faid plaintiHs to pay
fhem twenty pounds in cafe the damages fuftained by the faid
plaintiffs, by the &id defendants wrongfully taking and holding
poffeffion of the houfe, did amount to &e faid fum of three hun«^
dred poUndsy or to more than forty pounds } and the (aid plaintiffs
aver, (hat the damages by them fuftained, on account of the faid
defendants wrongfully taking and holding poffeffion of the faid
houfe, did amount to a l^rge fum, and more than the fum of for-
ty pounds, and by reafoi; of tne premifes, the faid defendants, ac<-
^ordiqg to their promife and undertaking aforefaid, became liable
to pay, and ought to l^ave paid to the faid plaintiffs, the fuoi
of twenty pounds, to wit, at L« &c. afore&id, whereof the faid
deftndants then and there had notice : Yet the faid defendant^
ngt le^ardingi S(c. but cpmriving, &c« have not^ nor hith either
igS ASSUMPSIT GENERAL.— On FEIGNED. ISSUES,
!I
ef them, jti paid the faid futn of fiveiity pounds, or any part Cbeif^i '^
of, to the faid plaintiffs, or either of them, (although, &c.) bM ^
they fo to^lo have, and each of them hath, hitherto wholly rcfuf^f^
ed, and ftill do, and each of them doth, refufe foto 60^ to the faid !>•
plaintiffs their damage of forty pounds, whereby they are lefs ablo-vi
to fatisfy to our faid lord the now king the debts which they owota^
his oujefty's exchecjuer ; and therefore they bring |heir luit^&Gi ^^
py^^r And the faid defendants, by C« D. their attorney, come and^^
defend the wrong and injury when, &g. and fay, that .true it ia«2,
that fuch difci urfe was had and moved by and between the fai4L
plaintiffs and the faid defendants, ^s the faid plaintiffs have abov^r
alledged, and that upon fuch difcourfe fuch queftions did arife be-f
tvveen them ^s the fiid plaintiffs have altedged, and that the £udC
defendants did p(omife and undertake in manner and form as the(
fkid piatntifFshaye above alledged i yet the faid defendants fay,thatv
the fiid plaintiffs ought not to have their aforefaid ^^ion thereof^ .
maintained againft them^bccaufc they (ay that the damage fuftstio*) *'
ed by the i^id plaintitf& by reafon of the (aid defendants 10 wiong-i ,.
fully taking and holding poflefEon of the faid houle, does not ia
the whole amount to more than the fum of forty pounds, as they
have above ^Hedged; and of ^his they put thcmfelves upon tfaicf
eovintry \ and ti.e f^id plainciiFs do ^e li|pe, ^c, ^ therefore, &c.
dant ow«d tUe Prickett, by B. W. their attorney, and bring intp the court
piaimiffi one our faid lord the king now here, their certain bill ^gavnft Robert!
^dred pound! Snelgrovc^ being, &c. in a plea of trcfpafs on the ca,$?, &c« an^!
alunli ^ thlr"coin ^ there are pledges for the profecution of the faid bill^^ wi^ John-
f^j^ com- p^^ ^^j Richard Roe, which faid bill iblloweth in thefe w6rdl^|
^^ to wit: Middlefex^ Henry Tipping and Thomas P. com{^aiiit
of R. S« being, &c. in a plea, &c. (or that whereas, before die]
making of the prpmife and undertaking of the faid Robert her^
after mentioned, a commiilion of bankrupt was duly awarded ztA]
iflued againit the ^id Robert; and thereupon afterwards and be-
fore the making of the promife and undertaking of the fiud Ro-i
bert hereafter mentioned, to wit, on the firft of November A • D^
1782, to wit, at Weftminfter in the eounty of Middlefex albr^'j
faid, a certain difcourfe was had and moved by and between the
faid Henry ;^nd Thomas and the fai<} Kobert of and eoncerning ;
the faid commif&on ot bankrupt, and upon that di(courfe a qveftioti ]
then an4 there arofe, between the faid Henry and Thomas audi
the faid Robert, whether the faid Robert was indebted to the &kl
Henry and Thomas in the fum of one hundred pounds, at the tin^
of the ifTuing of the afbreiaidcommifioh of bankrupt againft the
^id Robert i and upon that difct^vufe the did H. an^ T. then an^i
ASSUMPSIT GENERAL.— Om FEIGNED ISSUES.
, to wit, on the day and year aforeiaid, at Weftminfter afore*
affertedand affirmed that the faid Robert was indebted to the
H. and T. in the fum of one hundred pounds at the time of
iffitiiig of the aforeiaid coromiffion of bankrupt againft the
Robert ; which aflertion and affirmation of the faid fi* ^uid
the &id Robert then and there wholly denied, an4 then and
tp aflerted and affirmed the contrary th<sreof ; and tbereupoa
:rwards, on the day and year laft aforeiaid, ,at Weftminfter
|rdaid, in confideration that the (aid H. ap^ T. at the fpeciaf
ice and reoueft of the faid Robert, had then and there uni-
Leo, and nuthfuUy promifed the &td Robert to pay him the
Mn of ten poijnds if the &id Robert was not indebted to th^
''^ H. and T. in the fqm of one hundred pounds at the tiine of
ifliiiog of theaforefaid commiffion of bankrupt againft the faid
Krt, he the laid Robert then and there undertook, and hitii^
\f promifed the faid H. and 1\ ^to pay them the fum of ten
uKb, if he the iaid Robert was indebted to the faid H. and T^
the fum of one hundred pounds at the time of the ifliiing the
i£ud commiffion of b^iokrupt a^inft the laid Robert: and the
H. 9nd T. in 6|d fay, that the faid R. was indebted to them
bid H, and T, in the fum of one hundred pounds at the time
the ifluing of the aforefaid commiffion of bankrupt againft the
' Robert ^ by ^eai&n whereof the ia^d Robert, according to the
rof hisaforeiaidproroifeand undertaking, afterwards, and be-
the exbibJtine of the bill of the (aid H. and T. to wit, oi|
day ^pd year toft aforefaid, ^t Weftminftcr aforefaid, became
to pay to the (aid H. and T. the (um of ten pounds, whereof
id R. then and there had notice : Yet the faid Robert, no(
ling his aforefaid promife and undertaking, by him in man*
an4 form aforeiaid made^ but contriving, &c. conclude.
•
And the faid Robert, by A. B. his attorney, comes and defends pica,
\t wrong ^d iniury when, &c. and faith, that true it is that fuch
llcourfe was had and moved by and between him and the faid
tenry and T. and that fuch queftion did then and there arife, as
(aid H. and T. have in their declaration alledged. and that he
£iid Robert djd undertake and promife in manner and form as
bid H« and T. have above thereof complained againft hi.n|
die faid Robert faith, that the faid H. and f. ought not to have
ar aforciaid s|dion thereof maintained againft him, becaufe he
ii that he the (aid Robert was not indebted to the faid Henry
IT. in the fum of one hundred pounds at the ti:ne of ifluing^
a£>re&id commiffion of bankrupt againft him the faid Kobert i
Id of this he the (aid Robert puts himfelf up n the country, and
fikt H. and T. do tile like^ &c.i therefore let a jury cone
re our lord the king at Weffminfter on Tuefday next after
m da^ys of Saint Martin, and who are neither, &c. to recog*
dc. becaufe as wel)^ &c, ^ the (ame 4a^y U gi/^n to the fa&d
^3t
{ i40 )
On FOREIGM JUDGMENTS.
Ikdantioa m LONDON, to wit. George Vanfant Mann, complains of
tffBmpfit gene- David Reek being, &c. for that whereas the (aid plaintiff heretofore,
r^' i l^^j^^ to wit, on the thirteenth day of May, A. D. 1788, by the confi-
^^*rt«rf"in aeration and judgment of a certain court, called a General Court
an aaion of for the Weilern Shire of the State of Maryland, holdenat the city
afliimpfit oi of Annapolis, in America, in parts beyond the feas, on the faid
«i7l. j8». 4d. thirteenth day of May, in the faid year of Our Lord 1788, rcco-
torthedebT^nd ^^^^^ againlt the (aid defendant as well thefum of two hundred and
>5H 3 5thsib. twenty -feven pounds eighteen {hillings and fourpence current
el tobacco for money of the (aid State of Maryland, for his damages which he had
the cofts and fuftained by reafon of the non-performance of Certain promifes and
wl^ Co afTuniptions before then made by the faid defendant to the faid
Central uM* plaintiff, as alfo to deliver one. thbufand five hundred and eighty-
jaivi for the tour pounds and three-fifths of a pound oftohacco, by the faid court
monty only re* Uiere unto the (aid plaintiff on his afTent adjudged for his cofts and
covcrui. charges by him about this fuit in that behalf laid out and expended,
whereof the faid David is convided ; which faid judgment fl31
remains in that court unreverfed, unpaid, and un(ati8ned, that is to
fay, at L. in the pariih of St. Mary-le-Bow, in the ward of Cheap;
and the faid plaintiff has not yet obtained execution of the (aid
judgment : by reafon of all which premifes, the faid defiendant,
aUer the rendering of the faid judgment, to wit, on the faid firft
day of June, in the faid year of Our Lord 1788, became and wai
liable to pay the (aid fum of two hundred and twenty-(even pounds
eighteen (hillings and fourpence current money of the (aid otate (f
JVii^ryland, to the faid plaintiffi and to deliver to the faid plaintiff
the faid one thoufand ^ve hundred and eighty-four pounds and
three-fifths of a pound of tobacco : and being fo liable, he the laid
defendant, in confideration thereof, afterwards, to wit, on the fiune
^ day and year lall aforefaid, to wit, at L. aforefaid, ui the pari(h
^nf] ward a.tbrefaid, undertook, and to the (aid plaintiff then an4
there faithfully promiied, to pay the faid fum of two hundred and
twenty-feyen pounds eighteen (billings s^nd fourpei^ce cu|Tet)t mo*
ney of the (aid State of |^. to the fai(i plaintiff, and to deliver to the
iaidplaiotiff the laid one thou(and five hundred ^n4 eighty-fou(
pounds and thre9-fifths of a pound of tpbacco, when he the (ai4
defendant (hould b^ theretinto afterwards reqqefted : Yet the bii
defendant! not regs^rding bis (aid promife and i^ndertaking (b by
him made as aforefaid, but contriving and frs^udulently intending
craftily and fubtilly to deceive and defraud the faid plaintiff in this
behalf, hath not (although often requefted) yet paid the faid fuo^
of two hundred and twenty-feven pounds eighteen (hillings and *
.-fDurpence current money of the (aid State of M. or any part there-
of, to the (aid plaintiff, or delivered to the faid plaintiff tneiaid one
thoufand five hundred and eighty-four poupds and three- fifths of
a pound of tobacco, or any part thereof, but, on the contrary, be
the faid defendant hath hitherto wholly negleded and refufed, and
Uill dgtb negle^ and refufe, fo to do, or in any manner ^0 Uustj.
ASSUMPSIT GENERAL-— On FOREIGN JUDGMENTS. 141
&e(aid platntiiF for the fame, to wit, at L. aforefiiid, in the pari(h
and ward aforefaid. And the faid plaintiff in fa£t faith, that at the AYcnncntof tM
timeofthe rendering of the faid judgment, the faid fum of two value in fterjinj
hundred and twenty-feven pounds eighteen (hillings and foul'pence, ^^J^,,,^^
mo-
current money of the faid State of Maryland, was and ilill is of ^y licovercd.
great value, to wit, of the value of one hundred and thirtv-fix
pounds fifteen fhillings of lawful, &c. and tha^the faid one thou-»
£ind five hundred and eighty-four pounds and three-fifths of a
pound of tobacco, fo adjudged to the faid plaiiitiiF as aforefaid,
then were and now are of great value, to wit, of the value often
pounds of lawful, &c. to wit, at L. aforefaid, in the parifh and
ward aforefaid. And whereas alfo, die faid plaintiff heretofore, to Second Coont^
wit, on the thirteenth day of May, in the year of Our Lord 1788, Qinerii in^rfi-
by the confideration and judgment of a certain court, called a '^f »JH^
General Court for the Weftern Shire of the State of M. holden SiwuS'Sj^
at the city of Annapolis, in America, in parts beyond the (eas, on ryUnd.
the laid thirteenth day of May, in the Midyear of Our Lord 1788,
recovered againft the faid defendant the {aid fum of two hundred
and twenty-feven pounds eighteen (hillings and fourpence, current
money of the faid State of M. for his damages which he had fuf-
tained by reafon of the non-performance of certain promifcs and
aflumptions before then made by the faid defendant to the faii
plaintiff, whereof the (aid defendant is convi£led ; which faid laft-
mentioned judgment ftill remains in that court in full force, un*
reverfcd, unpaid, and unfatisfied, that is to fay, at L. aforefaid, in
the parifh anid ward aforefaid, and the faid plaintiff hath not yet ob-
tained execution of the faid laft- mentioned judgment: and the (aid
plaintiff in ia^ (ays, that the faid laft-mentiondd two hundred and
twenty-feven pounds eighteen (hillings and fourpence current
money of the laid State of M. at the time of recovering the faid
laft-mendoned judgment, were and yet are of great value, to wit,
of the value of one hundred and chirty-fix pounds fifteen (hillings
cf lawful, &c. to wit, at L. aforefaid, in the pari(b and ward afore*
biii by virtue of which faid laft-mentioned judgment, the faid
defendant, after the recovering thereof, to wit, on the firft June,
A.D. 1788, to wit, atL. aforefaid, in theparifh and ward afore -
fiud, was indebted to the (aid plaintiff in the faid fum of one hun-
dred and thirtv-fix pounds fifteen (hillings of lawful, &c. upon the
&id laft-mentioned judgment ; and being fo indebted, he the faid,
defendant, in confideration thereof, afterwards, to wit, on the day
and year laft aforefaid, atL. aforefaid, in the parilh and ward afore-
fiud, undertook, and then and there faithfully promifed the faid
plaintiff, to pay him the faid laft-mentioned fum of money, when
he the laid defendant (hould be thereto afterwards requefted.
(Counts for good$ fold and delivered, money paid, lent, had, and
received \ account ftated, and common conclufion. Pledges,
Tl Walker againA Witter, Dougl i to 7. See ^Ica to this dedaration, poft^
tku in AfliunpOt,
CORN-
144 ASSUMiPStT GENEk AL.-.bN ts'bRfelGN JU6GMfcNT§.
Declaration in CORNWALL, to wit. J. C. complains of T. C. being, &c,
flJMft^ on a for that whereas the faid T. C. on, &c. at, &c. was indebted to thd
C^T' againft ^^^^ ^' ^* *" ^^''^^^ pounds of lawful, &c. by a certain decree $r
^tfcn6mmtbe^^^^^ ^f ^^^ court of Jlnnnaries \n Cornwall, holden before A. B.
Stdnnaty Cturt doAoT of'laws, vice-warden of the faid Stannaries, to wit, a£,&c.
•f C^nmaU, ordered and decreed to be paid by the faid T. C. to the faid J. Gi
ias well for twenty-fhree pounds due from the faid T. C, to the
faid J. C. on an account ftated, as for feven pounds to the fatd J.C*
by the faid court awarded for his cofls of profecating his faid peti-
tion in the faid court ; which faid decree and order being in full
force and effed^, and unfatisfied, he the faid T. Ci in confideratiod
thereof, afcerwards, to wit, on, &c. at, &c. undertook, and then and
there faithfully promifed the faid J. C. to pay him the faid fum o(
money when he the faid defendant ihould be thereunto afterwards
requefted : and whereas alfo the faid T. C. afterwards^ to wit, on^
let. at, &c. was indebted to the faid J. C^ in other thirty pounds
of like lawful money, for fomuch money by a certain other decree
or order of the faid court of the Sta:inaries of Cornwall, holdea
before W. B. do<9or of laws, vice- warden of the Stannaries, to
wit, at, &CC. ordered dnd decreed to be paid to the faid J. C. by
the faid T. C. which faid decree or ord^r ftill is in full force and
efFedt:, and unfatisfiedj and being fo indebted, icci (Add the
Inoney Counts and common condufion.) F. liULtSR.
t>eclaratioa in MIDDLESEX, /. Fol" that whereas heretofore, to wit, on
to^/^'im^ the fecond day of June, A. D. 1772, in a certain court of our lord
^Ltnent of the ^^^ ^^^ ^^^gt called a Court of V ice-admiralty, holden at Penfa-
Yice. admiralty cola, in the province of Weft Florida, in North America, in and
court in Weft for the faid province (to wit, at Waftminfter, in the county of
f hf*'f*^*^^^d ^^^^'^f^'^ aforefiid), before the honourable Alexander Macpher-
iftfanunAiMefl*. '^"j clquire, then judge- fur rogate atnd commifTary deputy of the
la] appeal to the court afore faid, it was publifhed) promulgated, pronounced, and
kin$io couDciL decreed by the faid judge, in a certain caufe civil and maritime^
then lately depending in the faid court between the faid plaintiff
and the faid defendants, that faid defendants, the defendants in that
caufe, (hould pay to faid plaintiff, the libellant in that caufe, the
fum of one hundred and one pounds nine (hillings dnd eight-
pence farthing, of lawful, &c. (being the iirft colt of a certaia
trunk of goods^ wares, and merchandixes of the faid plaintifi^i
theretofore (hipped on board a certain brigantine or vefiel called
the Africa, whereof faid S. (one of defendants) then was maftcTy
arid the faid P. (the other defendant) one of the part-owners (to
be delivered to the faid plaintiff at the port of S. in the province of
Weft Florida, he paying freight for the fame, and which, on the
arrival of faid brigantine at the pprt aforefaid, could not be found
on board (aid brigantine, but was wholly loft), and alfo the fum of
thirty-five pounds per centum upon faid fum of one hundred and
one pounds nine ftiillings and eightpence farthing, the faid plaijH
ivS firft paying freight for the faid trunk \ and alfo that faid de-'
fendants (hould pay the fum of eighty-nine pounds three (hillings
of like lawful, &c. being the cofts taxed in that caufe^ befides the
charges of the monition and other expences that might enfue to be
paid
AiSSUMPSiT CiENfilt AL.-D11 ]f ORfiiGN JUDGMENTS* t4i
paid whhin fifteen days after the fervice of faid monition, but that
fuch monition fhould not be extraSed within a week from the day
and year laft aforefaid, to wit, at Weftminfter afnrefaid. And Appwi to th«
tvhereas (aid defendants, after the promulgation of faid decree, to klngio cohucjI^
wit, on the thirteenth June, A. D. I772,at Weftminfter aforefaid, •»*.
appealed from the (aid ^ree to our lop^ the now king's moft
excellent majeftv in council, to wit, at Weftminfter aforefaid^
and fuch proceedings were had on faid appeal, that afterwards, to
wit, at the court of our faid lord the now king, holden at his palace
at St. James's, to wit, at Weftminfter aforelaid, before our (aid
lord the now king, and divers peers and great men, and other
liege fubje£ls of our faid lord the king, and of his moft honourable
privy council, on the ihirty-firft iscptertibcr, A. D. 1^7;^, our faid
lord the king, by and' with the advice of his privy council^ ordered,
that the faid appeal fhould be difmifTed for non-profv(^cution, with appeaMifnuffdl,
twenty pounds fterling cofts, to wit, at Weftminfter aforefaid ^ with id. co/U.
whereof faid defendants afterwards, to wit, on the iiy and year laft
aforefaid, at Weftminfter aforefaid, had notice. And wheruis faid plaintiff laid wt
plaintiff alfo laid out and expended a large fum of money^ to wit, other cofts, tea,
the fum of pounds of like lawful, &c. in and about ^W«b, cogctbc^
the charges of the monition and other expences in fuing, and on ^**^*»*«'^'""»f
account of the faid caufe, befides the fum of eighty-nine pounds ' '
three (hillings for taxed cofts, as aforefaid, which, together with
the (aid fum of one hundred aiul one pounds nine (hillings and
eightpence fiarthing, of lawful, &c. (being the Hrft coft of the faid
trunk of goods (allowing the faid defendants the fum of
• for the freight thereof), and the faid fum of twenty-five'
pounds per cent, upon the faid fum of one hundred and one pounds
nine (billings and eightpence farthing, and the fdid fum of eighty^
nine pounds three (hillings (being the cofts taxed as afore(aidj, and
the (aid fum of twenty pounds (by our faid lord the now king, by
and with the advice of his privy council, as aforefaid, ordered for
cofts) made and amounted to a large fum of money, to wit|
the fum of • pounds of like lawful, &c. to wit, at Weftmin^
fier aforefaid ; and the faid decree is ftill m full force and unfatif- Decree ftill lA
fied i of which (aid feveral premifes the faid defendants afterwards, force.
tQ wit, on firft January I774f to wit, at Weftminfter, had notice; Det«idant» had
and by mians of which faid fcvcral premifes, tney the faid defendants "****' * J^^
became liable to pay to faid plaintiff faid fum of ^^^^ ' ^^ *
pounds^ when they mould be thereunto afterwards requefted \ and and being ^
being fo liable, the faid Jcfendants, in coaficJeration thereof, after- »" coiuideratioii
wards, to wit, on the day and year latt aforefaid, at Weftminfter **^«"^> P™*
aforefaid, undertook, and faithfujly proniifeJ iaid plaintift', to pay °****»*^*
him faid laft-mentioned fum of money, wae]i th y Ihould be there-
to afterwards requefted* And Whereas, &c. &c. (A Second Second Cowil.
Count, tiia: defendants were indebted, &c. by a certain decrce,&c.
promulgated, &c. toUowing the fubftance of thi^ Count, and alfo
in the further fum of pounas for charges of
monition, &c.as above, making together in the whole the fum of,
&fc. ) and bemg fo indebted, &c. Third Count, only ftating the
decree generally. Common conclufion to the above tiiree Counts*
Fourth and fifth, Special aifumpfit to convey a certain trunk.
Sixtb|
144 ASSUMPSIT GENERAL.— Ow LEGACIES.
Sixth and feventb, Goods bargained and fold, and {M and ddi-t
vercd. Eighth, Money laid out, &c. Ninth, Money lent, kc.
Comnon conclu&on to four laft Counts.) C. Runh inoton*
ii*«ji*i
Ow LEGACIES.
•^- MIDDLESEX, f. William Laflctt the elder, hti? of, &c.
fompitferak^ and Thomas LaflcttTate of the fame place, wer6 attached to an-
^^* fwer unto William Laflett the younger, in a plea of treipafs on
the cafe, &C4 and thereupon the faid plaintiff, by William John-
fion his attorney, complains, that whereas one Williami Laflett,
deceafed. In his lifetime, to wit, on the fifth day of April A. D.
1775, to wit, at Weftminfter aforefaid, in the faid county of
Middlefex, duly made his laft will and teftament in writing, bear-
ing date the day and year afotefaid, and thereby, amongft other
things, gave and bequeathed unto the faid plaintiff (by the de*
fcription of his grandfon W. Laflett, fon of Stephen Laflett)
twenty pounds of lawful. Sec, to be paid him by his executors as
foon as he the (aid plaintiff (bould attain his age of twenty-four
years ; and the faid William Laflett deceafed did in and by his fiud
laft will and teftament nominate, conftitute, and appoint his foftt
the aforefaid defendants executors of the fame *, and after the mak«
ing thereof, to wit, on the firft day of April A. D. 1777j d'^
without altering or revoking his faid will, to wit, at Weftminftef
aforefaid, in the county aforefaid : and the faid plaintiflF in h&
faith, that upon thb death of the faid William Laflett deceafcd|
the faid defendants took upon themfelves the burthen of the exe-
cution of his aforefaid will, and afterwards, to wit^ on the fourth
day of April in the year 1777 aforefaid, duly proved the fame, and
ailented to the aforefaid bequeft to the faid plaintiff, ta wit^ at
Weftminfter aforefaid, in the county aforefaid : and the faid plain-
tifF further faith, that before the exhibiting the bill of hnn the
faid plaintiff^', to wit, on the ftrft day of January A* D. 1782, ht
the (aid plaintiff attained his age of twenty-four years, whereof he
the faid defendant, on the fame day and year, had notice, to wit,
At Weftminfter aforefaid, in the county aforefaid: andthe&id
plaintiff in hA further faith, that afterwards, to wit, on the day
and year laft aforefaid, at Weftminfter aforefaid, in the coun^
aforefaid, the faid defendants had goods and chattels which were
of the faid William Laflett deceafed in their hands, to be admf-
niftered, to a Targe amount, to wit, to an amount fufficient to
pay and fatisfji, and with which they could and might have paid
and fatisfied, the faid fum of twenty pounds fo given and be*
queathed to the faid plaintiff as aforefaid, over and befides tbe
debts and funetal charges of the faid William La(!ett deceafed,
whereby the faid defendants became liable to pay to the faid plain-
ASSmiMit GENfeRAL.-ON LEGAClfiS. t+s
dfiTthe fum of twenty pounck fo given and bequeathed to him' as
afereiaid : and being fo liable, they the faid defendants, in confi«
deration thereof, afterwards, to wit^ on the day mid year laft
aforefaid, at Weftminftor afoiefaid, in the county aforefaid, un-
dertook, and faithfully promifed the faid plaintifF, to pay him the
iaid fum of twenty pounds -fo given and bequeathed to him as
aforefaid, when they fliould be thereto afterwards requeftedi Mo^
Hey had and receiVedj and common conclufion. [See Conclu^
(ions, &c.]
The ganeralopinkjn feemsa^inft this, h maintaintble, and that toe againft the
kR'ioa ; but from what fell from the defendants in their own right, fuppofing
Coart in determining the late cafe of {a) plaintiff can eAabliHi the amount of aJT-
Hawket and Sauliders, and upon princi- fets. V.LawiI*
pies cf ]aW| I fhould be inclined to think
(s) Cowp. »89. But fee Affumpfit for a hcz^ji poft«
SOMERSETSHIRE,^ Nathiniel Atkins and Anne his A^ampfic ibr ft
wife complain of Chlrles Hill being, &c. for that whereas James Jt-«pcy.
Clarke, on the feventeenth day of November, A. D, 1780, at ^•"*'*»
Taunton in the faid county, by his laft will and teftament, in .
writing, did (amongft other things) give and bequeath to his daugh-
ter Anne (then and ftill being the wife of the faid Nathaniel) the
fum of iixty pounds^ if (he the faid A. (boiild be living at the time
of his (the faid James Clarke's) death, and of his lait'will and tef-
tament' made the iaid C. Hi his fole executor y and the faid- James
C. afterwards, to wit, ort the fourteenth day of September, in the
year of Our Lord 178 1, at T. aforefaid, died wiithout altering or
revoking his faid will, and the faid C. upon the death of the faid
James, took upon himfeif the burthen of the execution of the (aid
will ; and the (aid N. and A. further fay, that divers goods and
chattels of the faid J. of great value4 to wit, of the value of one
hundred pounds, afterwards, to wit, on the fame day and year laft
aforeiaid, at T. aforefaid, came to the hands of the (aid C. as exe-*
tutor of the faid James« which faid goods and chattels were more
than fufiicient to pay and fatisfy the juft debts and legacies of the
faid J. to wit, at T. aforefaid, in the faid county, of which th^
laid ~C. then and there had notice; by reafon of which faid
premifesy the faid C. became liable to pay to the faid N. and A.
the faid fum of (ixty pounds fo devifed by the faid J. as aforefaid}
and being fo liable, he the faid C. in confideration thereof, after-
wards, to wit, on the fame day and year laft aforefaid, at T.
aforefaid, in the county aforefaid, undertook, ilcs (as ufual) to
pay to them the faid fum of fixty pounds, whenever he the faid C.
ibould be thereunto afterwards requefted. (2d Count, for money
had and received.) Neverthelefs the faid C. his faid fcveral pro-»
mifes and undertakings in manner and form afofefaid made in no
wife regarding, but contriving^ &c. to deceive, &c. hath not
paid to the (aid K. and A. or either of them, the faid fums of mp*
nev, or any part thereof, (although to pay the faoK the bid 6«
VoImL L hatb
Mfr
ASSUMPSIT GENEHAL— Or tEGACttt
hstb Men by the faid N. and A. often requeftedt) but to pay tli^
fatne to the £iid A. and N. or either of theni> he the faid C, back
fahberto wholly refiifedi and iUH dolh rcfufe^ to the damage^ te.
and therefor e, &c« ,
Unleft the plftlntiil cMi pn^M fome-
mofv riuR is natied in the hiftrac*
tionf t C^ 6veqt of this aAkm wiM be eiu
Cremely doubtliiL Indeed I never knew
in aBim brought for a legKy yet» unlefs
•here was an esprep proinU^ by the exe-
cutor to pay it i and un)e& )vr^ promife
Can be proved, or it cmm he proved that the
executor bad ft^fatnt affett to faj it, the ar*
H»0 ithmJ^ canrni be maiatMeed.
F. BVCLBB.
A genenl demurrer to the foregoing
declaration waa argued 23d May in Eafter
Term lyyf. The chief point made was
on the form of the declaration^ and on
that alone It wa« decided in piaintifis
lavo«r» foi' the declaration dated an ai**
fiiAptf t by tae eaeecuHt fince the death of
teftator, (having afTcts at the lame time,)
therefore the aHumpTit of the executor
lotally alteri the nature cf the cafe, and
the JU17 aloDe muft try the queftion,
«l«l thiA dnly, ivhttber the wecutvr didme^
dertmke or noi t §ar if he did andertafce, an
«aiMi undoubitdly Ut; 6ut i( on tho
contrary^ the jury find that he did not
undertake, (a) a verdifl mt^ befiardfor
d^ettimn. Yet as the declaration is thus
draNVDy the OotfR cannot preventthc iad
leiag tried by a jury \ Co inltead af kt
being made a general qur()ion, wi»ether
a legacy is recoverable at law^ or not ? the
prifcnt demtfrrct |0C3 to the fabftattteof
the dectaratioiv; lor at an atfcimplit by
Che ttecumt was laid in the declaration, it
waa not neceCiry to decide the general
queilion } for in the manner pl;iintiffs de-
clared, the adion was no otherwife tltim
an sftion on the cale on the common aT-
fumpfit. But Lcrd M. faidy Th^t though
it was not oecelCiry, and confequently
he would dec!tne*mentioning hrs opinion
op the general qucdion, whether a legacy
is recoverable at common law or not \
yet he looked oto the court of K, B. la
this refpcA as having a concurrent jurif-
di£(ion with the- court of Chancery, and
that if the court of K. B. could not com*
pel an executor to pay a legacy, the court
of Chancery, for the very fame reafonip
confd not. flint as an aflbmpAt if aBedged
in the dedaeatioot m ihade by tmoeaio^
fubiequeot to teiUtor'a death, thertf wat
DO doubt but that plaintiffs would recover
if they could prove fuch aflbmpfit and
aflets. See this cafe reported in Cowp,
284. with the prefent Mr. Juftice Buber'f
(then Mr. Bullcr) Mt ai^»ept^ aftd
the judgment ol the Court deUvered ver/
fuHy by Lord Mansfield : and fee Hswkca
afid others v. Saunders, Cowp. 289.
where Mr. Jullice BoHer defivered bit
own afgmnent when a judge; and RoA
V. Bowl, 1 T. Ke^ C. B. leg. jmk.
But fee Decks v. Strutt, 5. Term Kep«
690. with Lord Kenyon's and Mr.
Jut\iceGrofe*s Argument in giving judg-
ment ; fo that at common hiw aflompfit
wili not lie for a legacy.
Dechfati^n fior
a fliare of a /«-.
^iiryleft on the
death of tefta-
^tt)r*s wife and
furvivor of ofte
0f the legatees,
ngainl^ one exe-*
€mtor, the other
having renoun.
ced.
LONDON, to wit. William Harrifon late of, kc. was at«
tached tor atifwer unto Thomas H, in, &c. and thereupon the
iaid ptakitTflF, by A. B. his attorney^ compiainSf that whereas
one E. K/ deceafed, in bis lifetime) to wit, (»i, &c. at| ice. duly
made and publiihcd his laft will and teftament ia writing, bearing
date tbe<ny and year (i) afor^iid, and thereby (amoiigfi other
things J gave and bequeathed unto tbi faid defendant^ and $m
Hm U^* %f^ tbi faid will namedy tbifum y^nt th9HJand pounds Mftn
thiftiMl iry/i and ct^nfidinci that tht^ the faid defgnddnt and
H* ly* or the furvivor of tbifn^ or thi executors or admnijir^aton
^ fu(h furvivor^ Jbould and did^ asfoon as ^onvimently could bt t^Ur
his doaafiy put andplatt tbi faid fum of om tboujland po%Mds out
m intiTifi upon good ani Jt^oUnt ftoutitf^ and for tbi mfi inttri/l
that
ASSUNdPStt GEt^ERAL..c^K LEOAOES. |%|
itmi c0uU be ligally gotten far thefame^ end the intereji and proJuti
tihifing therifrcMy from time to time to pay to his dtar wife E. JKV
for and duHng the term of her natural Itfe^ by two equal halfygarlj
payments in oachyear^ the Jirji payment to be made within ^months
hext after his deceaje % and from and immediately after her ^ceafi^
be the f aid teflatQr gave and bequeathed the f aid f urn of one thoufani
pounds to his nepheus and nieces John Harrifen the /aid defendant^
if. IV. the raid plaintiff, S. the wife of J. S. E. H. T. H. S. H^
E. H. C ti. L* H. andH. H. to be divided between them equally^
fiare andfhare alikey asfoin after his thefaidteftator^s wife*s diceafo
as might be \ and in cafe any or either tfhis the f aid teftator^s ne^
(hews or nieces Jhould happen to die in the lifetime of his faid wifi%
then he gave the Jhare ofhinij hur^ or them fo dying unto the fur^
vivor 0/ his faid nephews and nieces in equal fiares and proportions %
olfo he the faid tefiatdr gave and bequeathed by his faid will^ to bis
laid nephews ancl nieces T. H. he. die Aim of one blin<ired
pounds a piece, to be paid them refpeflively by his (aid executor
therein after named^ within fix months next after his deceafe %
and the faid teftator* in and by bis faid will) nominated and ap«»
pointed the (aid defendant fole executor thereof; and after th«
thaking thcfeof, to wit, on, &c. died without altering or revok-
ing his iaid will, and leaving the [aid E. K. and the faid feveral
other legatees named in his faid will with him furvivmg^ %o wiCy
at, &c. : and the faid plaintiff in h& faith, that upon tl^ death of
the faid £• K. to wit, on, (2) &c. the faid defendant took (2) taAiy abov«
upon hinufdf the execution of the faid will of the faid £• K. (3) mentioned,
and then and there affentcd to the feveral bequefts fo thereby made ^^) .*"** ** •^"
asaforcfaid, and afterwards duly proved the fame asfuch ^*^^^^or^^^^^^^ ^
thereof as aforefaidj towit^ at, Vc. ^nd the faid plaintiff in fa^ OMSnn^tMinA
further fays^ that after the death of the faid £. K. and in the life' eamicor a€ his
time of bis faid late wife, the faid E. K. to wity on, ^c. the faid ^"^^
JL Ii. and S. the wife ofj. S. two of the legatees in thf faid wilt
of the faid E. K» named, Jted, and that afterwards, and before thi
Juittg out of the original writ of the faid plaintiff againfi the faid
defendant, to wit, on, (^c, E. K. the widow of the faid E* K*
died^ to wit, on, ^c. And the faid plaintiff in faA further
fiiys, that fix months from the d.-ath of the faid E. K. (4} b#ve (^) igf^ nca.
lon^ fince elaplcd, and that the Jhare and inter efl of him the fdtd uoncd.
plaintiff of and in the faid fum of one tboufand pounds fo bequeathed
in and by the faid will of the faid E. K, as aforefaid, and thireby
directed to be divided upon the death of the faid E, Jt. as
aforefaid, amounted to a large fum of snoney^ to wit, the fum
of one hundred and twenty five pounds of lawful money of Great
Britain \ of all which faid feveral premifes, he the faid defendant
afterwards, to wit, on, illc had notice. And thi faid plaintiff in
fa ff further fays, that the faid H. IV. in the faid will of the fai4
£, Jl. named, hath wholly renounced, and always hitherto declined,
a&ing or being concerntd in the faid trtifi fo by the faid willrepofod
in him tbefatd H. W. and the faid defendant. as to the aforefaid
bequeft or legacy oj one thoufakd pouTuls, and hath not yet received
L a th$
I4t ASSUMPSIT GENERAL.— On LEGACIES!
fbefiimey or any part thereof^ or any money on account thereof, Sut
(5) and the faid plaintiff in fa^ further fays^ f 5^ that afterwards, zndju/t
before the fuing forth the original writ of the faid plaintiff againft
the faid defendant, to wit, on, &c. the faid defendant had re-
ceived, and then and there had in his hands and poffeffion^ good^
and chattels which were of the faid P\ K< deceafed at the time of
his death to be adnjiniftered, to a large amount, to wit, to an
amount fu£Scient to pay and fatisfy, and with which he could and
might have then and there paid and fatisfied, the faid feveralkgacies
(6) to herein before mentioned^ and all other legacies (6) given and be-
<7)«^l^««^n-queathcd {T)by the jaid will of the faid E. K. and thereby dire^ed
to hi paid over and befides the debts and funeral charges of the
faid £. K. whereby the faid defendant then and there became lia-
ble to pay to the faid plaintiff the faid legacy of one hundred
pounds, and alfo his faid Jhare of the faid fum of one thoufand pounds
{%) to him ib (8) given and bequeathed to him the faid plaintiff by the faid
(9) '*^' ivill of the faid E. K. as (g) aforcfaid, amounting in the whole to
a large fum ofmoney^ to vc/V, the Jum of tivo hundred and tiventy-^
five pounds of i^c, and being fb liable, he the faid defendant, in
conlideration thereof, afterwards, to wit, on, fee, undertoolci
and faithfully promifed the faid plaintiff, to pay him the £iid laft-
mentioned fum of money, w lien he the faid defendant (hould be
«d Count thereto afterwards requefted. And whereas, &c. &c. (fame as
the firft, omitting the parts in italic, and inferting what is in the
margin ; common Counts, and account flated, and common con^
clufion.) V. Lawes.
feedaration 1- CHESHIRE, to wit. T. C. complains of P. C, executor of
tor^f^'V^rJ^* the laft will and teftament of P. C. deceafjd, being, &c. for that
laya^wptomi^ whereas one P. C. fince dccetfed, in his lifetime, to wit, on the
fifTwhcnheat fcventh of July 1776, at M. in the faid county c( C. made his
Ukktd %i4 laft will and teftament in writing, and did thereby (amongft other
things) give and bequeath unto the faid T. th^ lum of pounds,
to be paid to him by his executors when he the faid T. (hould at-
tain thfe age of twentv-one years, and of his faid taft will and tef-
tament made the faid P. C. executor as aforefaid ; and the faid
P. C. the teftator afterwards, to wir, on the fame day and year
afofe&id, at, &c. died without altering or revoking his faid will;
and the faid P. C. the defendant, after the death of F. C. it-
teafed, afterwards,* to wit, on, icz, at, &c« duly proved the faid
Ivill and took upon himfelf the burthen of the execution therec*£
And the faid T. further fays, that divers goods and chattels of the
iaid P. C. deceafed, of great value^ to wit, of the value of five
thoufand pounds and upwards, afterwards, to wit, on the fame day
and year aforefaid^ at, &c. came to the hands of the faid P. C the
defendant, executor of the laft will and teftament of the faid P.C.
deceafed^ which faid goods and chattels were more than fufficient
to fatisfy and pay adl uie funeral expcnceSy juft debts and legacies
of
ASSUMPSIT GENERAL.— Oi* LEGACIES. 149
#f the faid P. C. deceafed. And the fold T. further fays, that he r •
the faid Thomas afterwards, and before the exhibiting ihe bill of the >
(aid T. to wit, on the firft of January 1787^ attained the age of
twenty-one years, to wit, at, ^c, of all which faid premifes he
the faid P. C. the defendant, executor as aforefaid, then and there
had notice ; by reafon whereof the faid P. C, the defendant, exe-
cutor as aforefaid, became liable to pay to the faid T. the faid
fum of five pounds fo bequeathed to him as aforefaid, by the faid
R. Cf deceafed as aforefaid ; and being fo liable he the faid defen-
dant, executor as aforefaid, in confideratioh thereof afterwards, to
wit, on, &c. at, occ. AfTumpfit to pay the faid five pounds when-
ever afterwards he the faid defendant ihould be thereto requefted^
Money paid, &c. lept, &c. had, &c. and breach to the whole.
Drawn by Mr. Graham,
YmI9 Atkins aD4 Wife ▼. HiU« Cowp. .984, and Hawkes 9^ Wife ▼. SauiMkrS|
Cowp. 28^1,
». %mmmmmmmmm^mm^m
For TITHES.
AND whereas the fai4 defendant afterwards, &c. was indebted A Count for the
to the (aid J. L. in his lifetime in [a) other ninety pounds, for the "^**^?^"P*"
ijfe and occupation of divers other tithes of corn, grafs, and hay, .and ||^fuj/of "xe-
9firr great and fmall tithes of the faid J. L. in his lifetime growing,, cutrix of a vicar,
arifing, renewing, and fprlnging on and corning ofF divers other [See Exccvtorsj
lands and tenements, Qtuate, lying, and hemg in the p^riih afore- ^^'\
faid, by the faid defendant, and at his requeft, for a Jong time,|
to wit, for the fpace of one year before then ejap fed, had, pof-
(efled, ufed, occupied, and enjoyed, by and under the faid J. I^
in his lifetime and by his permiiTion j and being fo indebted, &c^
(b) And whereas, in con^der^tion that the faid J. L. in his life- Quantom tat-
time, at the like fpecial inftance, &c. of the faid defendant, had ^^^
hefore ths^t time permitted the faid defendant to have, colled,^
take, and carry away to his own ufe, certain other great and fmall.
tithes arif^ng, fpringing on, s^nd coming ofF certain other lands.
and tenements, fituate, lying,| and being in the faid parifli of B.^
for the fpace of one year then etapfed, and that the (aid defendant
h^d accordiogly had, received, taken, and carried away to his.
own ufe the faid laft n\entioned tithes, and which faid laft men-
tioned tithes were payable to the faid J. L. in his lifetime, as one .
of the vicars of the faid vicai^age of B. &c. he the (aid defendant
undertook, &c. to pay him fo much money in one year, &c. ;
a|ui the faid plaintiff avers th^t, &c. [Go on ; and fee forms of
the beginnings and conclufions^ to P.eclarations poflea.}
(tf) lA Count Omit the word tthr (h) zd Counts Here retain the word
tiroQghont. Sec ProGeedin|;s by and* «i£rr throu$hotm
Hai&ftCkmoMi^
150 ASSUMPSIT GENERAL.— For TITHBS.
€^ « eompo. THOMAS BUNDy clerk, comf^lains of Mark Froft, being
Hknfar tkbes. in the c^Ao^j of the maribal of the marAalfea of our lord die
king> before the }ciog hitnfeif, for that whereas the faid Thomas
on the firf^ day of April, in the year of Our Lord ijt 6> and long
before, was, and from thence hitherto hath been and ftill is vicar
pf the vicarage of the part(b of Woking in the county of Surrev
iJiM-eTaid, and as fuch, during all the time afetrcfaid, was and fttl|
U inftituted to all the fmall tithes, growing> arifxng, renewing
on and coming ofF and from a certain meflnage atMi divers, to
Witt twenty acres of land, widi the appurtenances, fituate, lying,
and beim in the parifh of Woking.aforefaid/ in the county afore-
fliid, and within the bounds, limits, and tithable {^ces a( the
ikid parijQi, which faid meffuage and land, during all that time
jlfbreifud, have been and ftill are in the pofleflion and occupa«
^ tion of die faid Mark } and whereas the faid Mark, on the fifth
day of April in the year of Our Lord 177 j« it the parifli aforeiatd,
was indebted to the faid Thomas in the fum of twenty pounds, for
pertain finall tithes, arifing and growing on, and coming off and
from the faid mefltiage and land with the appurtenances, before
that time fold by £e faid Thdmas to the faid Mark at hii
fpecial inftance and requeft, and bv the faid Mark, before tha(
hme, had and retained to his own uie by virtue of a certain agree-
ment or compofitioh for the faid fmall tithes before then made by
a|nd .between the faid Thomas and the laici Mark in that behalf,
^d which faid fmall tithes were payable to the faid Thomas fo as
bferef^d being fuch vicar of the vicarage afbrefaid from the laid
Mark as occupier and pofleflbr of the faid meffuage and land whi)
the appurtenances \ and being fo indebted, the faid Mark in con-
fideration thereof, afterwards, to wit, on the fame day and year
laft aforefaid, at the parilb aforefaid, undertook; and then and.
^re faithfully promiied the faid Thomas, to pay him the fai4
mm of money when he (hould be thereto afterwards requefted.
Qs.'mttim me-, And whereas the faid Mark, afterwards, to wit, on the fame day
^^ and year laft aforefaid, at the parifli aforefaid, in confideration
that the faid Thomas fo being vicar of the faid vicarage, and the
ijud Mark fo being occupier and pofleiTor of the faid mefiuage an4
land with the appurtenances, had before that time permitted the
faid Mark, at his like fpecial inftance and requeft, to take an4
receive to his own ufe certain other fmall tithes, growing and
arifing on, and coming off and from the (aid mefiuage and land,
and which were due and payable to the faid Thomas as fuch vicar
df the faid vicarage, from the feid Mark as being fuch occupier
andpoffeflbrof the laid meffuage and land with the appurtenance^
thereof, and that the faid Mark had. by virtue of that laft men-
tioned permiffion of the faid Thomas, tefore that time* taken
and received to his own ufe the (aid laft mendoned fmafl tithes,
undertook, and then and there faith&lly promifed the faid Thomas
to pay him io much ^oney as he therefore reaTonably deferved to
havei and the faid Thomas avers tha£ he therefore reaibnabjy
deferved to have oF the faid Mark other twenty pounds, to wit^
U the pafiib a^eiaid, wUereof the (aid Mark then md liwtpe had
notice^
X
ASSfJMmT G£K£ItAL^7oiL TITHES. j s i
Dolictt jft the &i4 Mark, MT regarding his aferefaid •fevefal
pr^mifeft and under talc ings, but cotnrrviiig and fraudulently hw
tettding craftHy and fubtilly to deceive and defraud the (aid
ThooMU in this behalf^ hath not vet paiidxhe did feverd ftirns t>f
money, or any part thereof, to tnc faid Thotnas, (although fotp
do Ifae t^d Marie by the faid Thomas, after«(ards» ^o wit, on the
fane day 9ind year laft aftrrefiiid) i^en afterwards at the parilh
a|brefiud» ^aa requefied^ but he to*do this hath hitherto wholly
f^fufed, and ft ill refutes to the faid Thomas^ toiM5d»ina^<>f twept^r
poinds} and there^^ be brings his fui^
MIDDLESEX, to wit. Mary Silveftercoinpiains of T. M, Dectoncionl^
&c. «6r this, to wit, that whereas the did M. on the firft of May ^''^^^
iJS4y «v)d long before^ and conttni|aI)y from thence until the ex- gahlftVt»ant
hibiting the bill of the faid Mary, was, and yet is, lawfully pof- wtthtn the pa-
lefled of the rectory im|>ropriate of the parilh of W. in the faid r*^> <» a oom*
county of Middleiex, for a certain terra, to wit, for the refidue pofitkm for
0f a certain term of twenty *one years then and yet to come arid ^^y^y fj^ for
tinexpired: And wherps the (aid. John newts, and for 41 the fiw fevcra^ici^f
time aforefaid was occupier and pofleflTor of divers lands and ten6<* ofU^
mentSi that i«f forty acres of ^abk land, forty acres of n^eadow
{and, iuid (onv acres of pafture, lying and being within the parifl|
ot W, aforeuid, and within the l^nds, lisnits, and tithable
places of the faid parifli : And whereas the faid M* fo being poA*
Mfii of the faid redory impropriate as aforefaid, oq the day and
Eisr firft mentioned, and daring the whole time aforefaid, wa^
wfullj entitled to have, take, and receive al} the tithes of corn,
grain, »jd bay, and other tithes which (hould annually arife or
grow upon the laikds and tenements aforefaid, and alfo the other
tithes payable to the faid Mary, as pofleftbr of faid ref^ory, for
aod on account of the lands and tenements aforefaid, during
focb time at the Cud Mary (hould continue fo jpoffeffed of the
^id rofiory imptopriate aforeiaid ^ and the faid John, fo being
oocttptcr and poCefibr of the lands and tenements afore£iid, he the
pa J. on the day and year firft above mentioned) at W. afore*
Kaid) in (aid county of Middlefex, in confideration that the faid
M^ aft the ip«cta! tnftaace and requeft of the faid J. would oer*
•lit and (athr the fiiid John to have and retain to bis own u(e all
4ie tithes of corn, gratu> and hay, and other tifhes, which fhould
amitaUyarile and grow upon the lands and tenements aforefaid,
Md aUb the other tithes p^able to the taM M^rTt ^ pofleflbr of
4ie (aid rofiory* for and on account of the lanes and tenements
aferefaid^ which flioold be payable bf the faid J^eo the fiud M.
•|b long as the Cdd Mary and John ftiould be feverally poffeffed of
4ie find rpSUxt and lands and tenements aforeiaia, undertook^
and to thf (M Mary tiien and there faithfully promifed, that he
tile fidd J^ki would pay to the fiiid Mary yearly, and every year,
.for fiich sifiie as he ikouM fo have and retain the tithes aforefaid ,
at'aad After thir isMb uf fix fll^Ungs far aqd in reljiedof erery acre
»S* ASSUMPSIT GENERAL.— Fon TITHES.
*
of the faid' land which (hoold be fown with wheat, and at at|d
after the rate of four (hillings for and in refpeft of every acre of
the faid land which (hould be fown with any other kind of corn or
tares, and at and after the rate of two (billings and (ixpence for
, and in refptft of every acre of the faid land which (hould be ia
grafs • and the faid Mary doth aver that (he the faid Mary, after-
, wards, at the fpecjal inftance and requeft of the faid John, did
• permit and fufFer the laid Johh to have, retain, and enjoy, all the
tithes pf corn, grain, and hay, which grew and arofe upon the
"lands and tenements, and alfo th^ other tithes, which were pa]f«
able by the faid John to the faid Mary, as poiTeflbr of the (aid
re£lory, and alfo for and on account of the faid lands and tene«
inents for a long fpace of time, to wit, the fpace of two years,
and that during (hat time a great quantity, that is, eighty acres
pf the faid land, was fown with wheat, and a great quantity, that
IS, eighty acres of faid land, wgs fown with corn and tares, and
another large quantity of fy\d land) to wit, other eighty acres
thereof was in grafs, whereby the faid John became liable, and ac-
cording to his faid promife and updertaking, fo made as aforefaid^
pught to have paid to the faid Mary a large fum of money, that is,
^fty pounds, and another large fum of money, that is, twenty
pounds, was alfo due and payable by the faid J. to the faid M,
for other tithes, for and on account of the faid lands and tene-^
ments, according to the faid promife and undertaking of the faid
T. fo made to the faid Mt a$ aforefaid : And whereas alfo (aid
. mzry on the firfl of May 1756, and for a long time, to wit, for
the (pace of two years then laft paft, was lawfully poirclTed d the
rc&oty impropriate of another pari(b of W. in the county aforcr
faid ; and whereas the faid J. for all the time laft aforc(aid, was
pccupier and poiTcfTor of divers other lands and tenements, to wit,
forty acres of other, &c. &c. with the appurtenances, lying and
being within the faid lall mentioned pariih of W. and the (aid J.
pi\ the fame day and year laft mentioned, at W. aforefaid, was
Indebted to the faid Mary in the further fum of pounds,
for the tithes of wheat and other corn, tares and hay* before that
time for a long time, to wit, for two years, coming, growing^
and arifmg on the faid lait mentioned lands, and alio for other
tithes, during that time, within the faid laft mentioned pari(b,
arifmg and belonging to the (aid Mary, as pofldfor of the faid lait
mentioned fe^lory, and which the faid Mary had permitted and
fuffered thf ^id John, at his fpecial inftance and requeft, to have
^nd retain (o his own ufe, and being fo indebted, &c. : And
whereas alfq th^ faid Mary, on the firft of M^y <75&i ^^^' fof.^
long time, to wit, for twp years then laft paft, was lawfully po(-
fefl'ed of the re£ibry impropriate of another pati(h of W. in the
Cdunty, aforefaid} anc) wl^ereas the faid Johq, for all ^e tioie laft
tJawtum ^** aforefaid, was occupier and po(re(ror of divers other lands aivi
^^^ tenei7>(.'nts, to wit, forty a^res^ of other arable land, Uc with the
^ppurtj^iT^nces, lying and being within the laft mentioned parifli
pf VV. i md j^c ^id J. pa the fame 4aj fpi ye^f l^ «fbr.ci4y,
ASSUMPSIT GENERAL.-FOII TITHES. f H
in c^fideration that the faid M. at the like fpecial inftance an4
requeft of the faid J. had permitted and fufFered the faid J. to have
and retain the tithes of wheat and other corn, tares and hay*
before that time for a long time> to wit, for two years, growingt
coming, and arifing on the faid laft-mentioned lands ; and alio
bad permitted and fqfFered the faid J. at his like fpecial inftance
and xequeft, to have and retain other things during that time within
tbe faid laft-rnqntioqed parith, arifing and belonging to the laid
Mary, as pofleflbr of the faid laft- mentioned redlory, and payable
by the faid J. to the (aid M. as the pofieiFor of the faid laft-men-
tJQoed re^Qry^ undef cook^ ^c^ [Quantum merujt. Breach.]
L' '^P
For T O LL S.
ft
LONDON, /^ The mayor and commonalty and citizens of iuAIwum mj^
tbe city of London complain of defendant being, &c. for that fian^ for <d%
whereas, on the eighth day of April 1758, and long before, and ®^ Newgate
continually from thencefqrm hitherto, there hath been, and ftill is, a J^^!^*'tbl* ^
cert^n public market and market-place, with the appurtenanc;es, mayor, *c. «f
called Newgate Market, Iving and being in Loi^don aforefaid, part Londoii.
thereof in the parifh of St. Faith the Virgin, and the other pari
thereof in die parifli of Chrift Church ; and in the faid market-
place, during all the time aforelaid, there hath been, and ftill is, a
certain public market, held every day, except c^ni Sundays, for thcL
buying, iei}ing, and expofing to f^le vi£|Uals or provifions brought
thither, or chafed to be brought thither, by any perfon or perfons,
for felling or expofmg the iame to fale there ; and whereas alfo the
mayor, £c. for all the time aforefaid, haye been, and ftill are, pro-
prietors and owner3 of aU the rates and tolls of and belonging to the
iaid market, and as fuch during al| the time aforefaid were, and
yet are, entitled to repeive and haye of and from all and every perr
(on or perfqQS, during all the time aforefaid, pitching and expofing
to (ale vidqads and proviiions there, the rates aivi tolls following^
that is to (ay, the fum of fixpence per day for every pack of vi^lualfi
or provifions piubid and expofed to fale in the faid market and
market-place, for each and every day that the fame hath been ex-
poled to fale there : and the funs of twopence a day for every bundle
of visuals ^//(ib^^ and expofed to fa)e in the faid market or market*
place, for each and every <)ay that the farx)e hath been fo piiched an4
txpofed to (ale there ; and the fi^m of oiie peni^y a day for eadi
^ every i>ed, ba(l(et, or hatpper of proviftoi|S, pitched and expofe^
to fide if) the fiiid market or market-place, for each and every day
that the iame hath be^ ifo expofed to fale there in the faid market
fr market-place : and the (aid mayor, &c. being fo entitled to have
Mirc^v^ tbe ^ f4t«^ mi t<4U 9s ^ftyrefiud, whUe they the (aid
"'/ ' ' ' vwyor.
«5» ASSUMPSIT GENERAL.— For TOLLS.
« »
mayer, &c. were fo entitled to have tnd receive the fame, to wi%
en the fixth day of April, A. p. IJS^* s^fordaid, and oci divers odiet
days and times between that day and the twenty^ghch January,
A. D. I7S9> dc L. aforefiud, he thefaiddefisndantdtd/iirAaml
expofe to lale, and cauM to be Mcbed and expofed to £ue, in the
faid RKurket and markets-place^ oivers packs of viduak and pmvio
fions, and divers bundles of viAuals and proviAons, to wit, one
thou&nd bundles of vi&uals and provjiions, and divers pcds, bas-
kets, and hampers of visuals and provifions, to wit, one thouiand^
&c. ; by reaibn whereof he the faid defendant became indebted to
the fiid mayor, &C. in the (urn pf forty-five pounds fii^ (hillings and
ei^tpence, being at and after the rate of fixpence for every pack,
twopence for every bundle, and one penny for every ped, baikec, and
hamper of faid one thoufand p^cks, one thoufarid bundles, one
thoufand pcds^ one thoufand bafkcts, and one diouiand hampers of
vi£luals and provifions fo by him the faid defendant fiuhe4 arxi
expofed to fale i^ the (aid market and market*place : and beii^ fo
indebted, he the faid defendant,in oonfid^raiiondiereof, afterwards,
to wit, on the fame day and year laft aforeiaid, ac, &c. afordaid,
undertook, and tben and there fai^fully promised tbe laid nuyor,
&c. to pay them the faid fum of money wlien he fhould ,be there-
to afterwards requefted : and whereas, &c. (Add a fcoond Couot
like the firfl,expofmgto fale^nly, without pitching.) Moaey had
and received. Common conduhon* [See Burr. 1402* %ioj^
a. Wilf. 95. |. T. Rep, 6i9« See Procwdings by Corponh
tions.J
Deciandan In YORKSHIRE,^ James Fenton, late of the parifli of Leedi|
^k? ^d ^^'* in the faid county, coal -merchimt, was attached toai^wer unto Johi
*c dTe o^^c Burton, efquire, George Dawer, John Douglaft, and Jofepl^
River Aire, in Atktnfon,in a plea of trefpafs on the cafe, &c. ) and thereupon die
yoctUhiiie, -faid piaintif':^ by A. B. dieir attorney, complain, that whereas the
Kiver Aire, in the county of York, on thefeconddajrof Novcmhery
1757, and long before, was, and from thence hidjnto bach beea|
•navigable and pafTable for barees, boats, lighters, and other vcAeis
irom the town of Leeds, in the (aid county of York, down to «
certain place called Kiiottingley, in the iane oowity, and fitmle
upon the fame river, and beyond that place down to a certain odier
place called Wheeland, fituate upon the fiud river: and whereas die
4aid plaintiffs, for all die time aibrefaid, have been> and dill ars,
C'oprietors or farmers of the rates or tcih hetetfter mentioned, and
wfuUy entided to aik, demand, receive, and take fi-om all and
every perfoi\ and peribns, during the time aforefiud, fending do«m
Coals, com, or glaft botdes, during that time carried or conveyed
down the fiiid river in any boat, barse, or velTel, firom the tmi town
of Leeds to the &id pkce called '^beelaiid, or from the laid town ef
Leeds to the faid place cdled Knottirtgleyt, die rues and tolls here^
after mentioned, chat is to iay, for every ton of coals carried and
conveyed down theiaid river, in any boat, barge, or yeflbl, from tlie
m
ASSUMPSIT GINERAL— Fo* TOLLS. tg^
fui tmWii called L. to the fiud {place calkd W. the rale or tpH 4
three {hillings ; for t¥ery ton of coals carried o| ooaveftd down the
§M river, ia wy boat^ barge^ or veflel, from L. aferefaid to IQ.
aforefatd| tlie rate or toll of two (biliiqgs and tvropence {a) ; and
|br e^ry ton c^' daft^^ioctlea carried aod conveyed down in anr
boat, barge, or ve&l, down the iaid river, from L/ afore&id to w^
aferefiitd^ the rate or toll of nine (hillings and ftxpence ; and £^
wnarj ton of glafs-bottl.es carried or conveyed down from L. afore»
fmi to K. amciaid, the rate or toU pf fix fiiilUngs and fourpence ;
Ibrefwy quarter of corn carried or oonv<^yed down the faid river,
in vvf boat, barge, or yeflcl from L. aforeikid to W. afereiaid, the
rate or toll of fiJipence ; and for every quarter of corn carri^ or
PQQveyed down the iaid river in any boat, barge, or veflel, from l^
aforefiud to K. aforefald, the race or toil of fourpence : and wberea^
dnring the time aforeiaid, and whilft the faid plaintiffs were fo enti-
tled to the rates and tolls aforefaid, that is to fay, on theiecond day
of November, A. D. 1737) ^^d pn divers other davs and times '
between diat day and the hrft Janiiary 1739, he the 4id defendlant
M ic9Kt down divers tons of coals, to wit^ five thoufand tons gf
paia, and a great quantity of gla&- bottles, that is to (ay, one huA*
^red tons of glais<>bottles, and a great quantity of com, to wit, one «
kndred quarters of corn ; which (aid coBds,ela(s-botdes, and com,
fbfent down the faid river by the (aid de(en£uit, were carried and
conveyed in certain boats, barges, and veflels, down the (aid rive^
Iromthe UiA town of L* aibrciaid to K. aforeiaid ; and that during
the titne laft-mentioned the (aid defendant did fend down, &c« (the
Ibnequantity as before, only from the town of L. to W. aforeiaid) 1
and by reafon'of the pnemifes the iaid defendant became' liable t9
pqr to theiaid plaintiffs a larze fum of mooev for the rates and tolls
afardaid, for the &id coals, glals-bottles, and corn reipe&ivelyienti
cvried, and conveyed, down the river as aforefaid, during the timo.
afbrefiud, diat is to £iy, the fum of one d^uiand and thirty-feven'
ftarnds (^), to wit, at L. aforcfaid, in the (3Ud county of York ; and
Ming (b liable, he the faid defendant, in confideiation thereof9
afterwards, to wit, on, &c. at, &c. atordaid, undertook, &c. : and
whereas the (aid defendant aftepvards, to wit, on che fame day and
]pear laft aforeiaid, at, ice. afore(aid, was indebted to the faid plamtiffi
19 five hundred pounds for the rates and tolls of divers other goods^
wares, and merchandizes, by die (aid defendant before that timo
iot, carried, and conveyed down the (aid river in the faid boats or
veiiels, from the faid town of L, afore£iid to W. aforefaid, and of
diven other goods, &c. by the dud defendant before that time fent,
cvried,aad conveyed down die (aid river, in certain boats or veilels,
ihm the (aid town of L. to K. aforcfaid, hefare that dme of right
l^and paysd>le from die (aid defendant to the iaid plaintiffs ^ and
(«) It it ncceifary to be eorrea in the {b) Be exaa in the compnfitton of '
fcni iSfflyiri fo be due. i^. If there it ^hat xhe whiijc oi Che feverat quaottties
BO wiatioD mthefe tolls in the winter 40\ goods sdled^cd (o be carried ^T^wnt
M>a» bccanie the KGl maket a xUffer^ 10,
being
fjli ASSUMP8XT GENERAL.^For TOLLS.
Count Miantu beittg fo indebted, &c. : and whereas the faid plaintiffs, at the tjiiMi
«w lock fcf$, ^f ^jjg making of the promiflbry note hereafter mentioned, wero
partners in and jovntly entitled to have, receive, and take, certain
rates, toUs, or due^, called lock 'dues, from any perfan or perfons
fending coab,or otlicr goods or merchandises which had been car*
ried or conveyed down the faid RiVer Aire, in any boat or veflfd, t9
SL. aforefaid : and whereas the faid defendant, on the feveuteendi
day of Aug;ufl, a. D. , at, &rc. aforeiaid, made and iigned his
faid note in writing, commonly called a promiflbry note, and then
and there delivered the fame to the £ud plaintiffs, and thereby pro«
mifed to pay to the faid pUintiffs, && &c. for value received by
lock dues of coals, ice. charged at K* to the firft July then laft. paft :
by reafon whereof, &c- (goon with common conclufion). [For
Vhich fee beginnings ai)d endings ofDecIarations]. ""
J^hfr.i^I WHEREAS on the feventcenthdayof September, A. D. jjio^
kct. and long before, and continually £nce hitherto, there hath been, and
ilill is, a public market and market-place, with the appurtenancesi
Called N. Market, lying and bein^ at N. in the county of Hancs»
fforcfaid, and held on every Tueiday and ]:• riday in every week
during ail the time aforefaid, for buying, felling, and expcmog tK
(ale of wool brought to the. (ai^ market : and whereas the Cud
plaintiff, on the faid' feventeenth day of September, A. D. 178c,
afojTcfaid, and from thence unti{ the fourth day of 0<£ioher, A. D*
178 1, aforefaid, was proprietor and farmer of the rates aiid toila
(aid and payable in fuch market, and entitled to take of aU and
every pcrfon and perXons, during the time aforeiaid, buying wool in
the (aid market or market-place, the rate or toll following* that is to
fey, fevenpence for every pack of wool that have or hath been ia
|)ought in the faid market or market-place by. fuch buyer or buyers
refpcdHvcIy : and wl^erqas the faid plaintiff, (o being the proprietor
^d farmer of the rates and toUs aforc&id, and being fo entitled tot
take of fuch buyer or buyers of wool in the faid market or market*
place fuch rate or toll as aforesaid, he the Ciid defendant, whilft the
(aid plaintiff was fuch proprietor, &c. an4 entitled to take fuch rates
and tolls, to wit, on the feventeei^th day of September, A. £L
^"/So, at and in the did market or market-place, at Newport
afore(aid, did buy certain wool, to wit, one hundred packs of wool,
which had been and were on the day and year laft aforeiaid expofed
^o fale in the faid market and market-place : by reaion whereof he
the faid defendant became and was indebted and liable to pay to the
faid plaintiff tlie fum of,&c. ; and being fo indebted, &c« (Gaoo^
^1:^ fee beginnings and endings of Declarations}.
f^TfoSdijcte^ WHEREAS the borough of S. is an anticnt bproirgh : an^
corporation for whercas the'burghcrs of the fa^d borough, from time whereof the
bridecwirhicad* ^^^^U ^^ ^^^ *^ ^^^ ^^ ^^^ Contrary, hath been a body politiq ami
c4 c;^^^^^!^ ^qxyatCj in ^{\ ai>d in narpe,i nevertbelefc, at divert times, by
varioiy
Various names of incorporation, until the feventh day of September^
in the year of the reign of George the Fir ft, by the name of
the burj^eflcs of S. in the county bf D. ; and on the, &c. by the
name oi the bailiflfe, burgefles, and community of the bofough of S.
in the county of D, ; and then afterwards, to wit, on, &c. andfrodi
thence hitherto by the name of the bailifFs, burgefles, und comma*
nity pTthe borough of S. in the county of D. : and thefaid bailiffs^
Kc. further fay, that, from time whereof, &c!. there hath been, and
ffill is, within the fi^id borough, a certaSn antient bridge, Called L,
Bridge, over and acit»fs a certain antient navigable river, called Or
River, running through the faid borough ; and that the faid bailifi$,
&c. and all their predeceflbrs, by fuch their ieveral names rf
incorporation as aforefaid, have from time to time, and for all tHe
time whereof, &c. repaired, maintained, and fupported, and havr
been ufed and accuflomed to repair, maintain, and fupport the faid
bridge with all neceilary repairs and iamendments ; and by reafi>d
Aereof, the faid bailifis, &c. and their predeceflbrs, by fuch their
fcvera} names of incorporation as aforefaid, have, for all fuch time
IS aforefaid, had and received, and have been ufed and accuftomed
to have and receive, and ftill of right ought to have and receive, by
their minifters andfervants, of every perfon (not being a burge&o^
freeman of the iaid borough) a dertain duty or toll for every loaded
waggon or loaded cart palling over the faid bridge : and the (aid
baiUSsy &c. by their attorney aforefaid. Further uy, that the faid
defendant was not on, &c. or at any time b.:fore or iince, nor h
now, a burgefsor freeman of the faid borough of S. but a foreigner
to the liberties and freedom thereof ; and that a certain loaded
waggon of the faid defendant on the faid, &c. and on divers other
days and times between that day and tne fourteenth day of July,
that is to fay, at ninety-nine other times, paHcd and was driven
over the iaid bridge ; by means whereof the faid defendant became
indebted to the faid bailiiFs. &c* in the fum of forty pounds of law*
ful, &c (being at and after the rate of threepence for each and
every time that the faid loaded wazgon of the iaid defendant had
pafled and was driven over the laid bridge during the time afore*
faid) } and being To indebted, &c. Second Count like the iirft. For the paffi^
only for a certain loaJid cart. Third Count, And whereas the faid ^^
defendant afterwards, to wit, on, &c. at, &c. was indebted, &c.
for divers duties and tolls due and payable by the faid defendant to
the £ud bailiffs, &c for the pailage of divers loaded waggons *and
loaded carts of the faid defendant, before that time p^ifTed and drawn
over the (aid bridge, which iaid bridge the faid bailitts, &c. and thciir
predeceflbrs, by their laid feveral names of incorporation, from time
whereof, &c. have from time to time repaired and fupported, and
have been ufed and accuftomed to repair and fupport ; and being fo
indebted, &c. Fourth Count, Indebitatus aiTumpfit for certain
antient dues and tolls before that time due and payable by and from
the iaid defendant to the faid bailiff's, bicfor the pajfage of, &c (as
before J. Fifth Count, Indebitatus aiTumpfit for a certain antient
Intf before that time due and payable, &c. for the pallhge of, &c,
before
Wfere that dme faffed and drawn oirer the £iid bridge, at and sAof
the rate of chceepence fer «acfa and every of fuch loaded waggoo^
Uc. b paffing and being drawn over the faid bridge, in confideradon
and by reafio that the uid bailiffs, && and other their predeceHbrs*
by fiidi names cf incorporatioa as afoFe£iid,have from time to time,
during all fuch time as aforelaid, repaired and fupported, and been
uied and accuflomed ^o repair and rapport the laid bridge, with all
necefiary reparations and amendments; and being fo indebted^
&c. [dee beginnings and endings to Declarations* See alfo Pio^
fi by and againft Corporations, j
. 3. Burr. X403, 7. a declaration at the fert iuHa, Sec CenenI lndex» and I
Ibit of Um coqtoration of Yarmouth for dex to General Indebk^as Aflampfit.
lor YORKSHIRE, to wit. The right honoarable Thomas lord
toBsfiaffiiisoTer Pelham complains of J. Pickerfgrll being, &c. Jbr that whereas
*e bridge of A. ^ njanor of B. in the county of Y. is a manor of the antient de^
aor*^ imtient *^^ ®^ ^^ crown of England, as by the record of the book of
manor in the Doomlday appears, and whereas the faid manor was the inheritance
crowD» in ri^ht and parcel of the pofleffions of the crown of England and of thtf
9ftheDQtcbyof dutdiy of Lancailer rcfpcftively at divers periods for a long time,
j^^» ^ to wit, until the reign of Edward fixth, late king of England, to:-
WUfrm tdt ^ ^^ stfterwards : and whereas all and An^lar the kinss and queens of
A. B. Ibr 99 this realm in right of the faid crown of^nghnd and dutchy of Lao«
yean. Affign. cafter refpcAivcly for the time being, from time whereof the mc<»
w^/^^A^ mory of man is not known to the contrary, have in refpeA of fuch
•Tc. d!" undw •**'*^ ^J ^'f refpeftivc bailiffs and farmers for the time being,
kafelrofnC. D. bad, taken, and received, and had been ufed and accuftomed m
to £. F. and G. have, take, and receive, atKl of right ought to have had, taken, and
CD. died. Fur- received, and flill of right ought to have, take, and receive at the
clo^Il^^ t^^ bridge of the borough, otherwife Boroughbridge, within the £ud
i0*£. F. aod g! B^^u^^f) ^ Certain re^onable toll, that is to fay, a toll of fburpsnce
G. £. djesfleav- for ^ery Wayne or waggon loadcn coming, going, or pailing- that
iog O. p. Sc the way over the faid manor, payable and paid danng all the time
'^^cf P^rf^"' aforefiud by the proprietor or proprietors of (iich wayne or waggoa
iMvine pLiint^ff '^'^'^ ^ comio^^ gc^ng, or paffing over the faid manor as afbre<«
executor and the ^i<^> ^^ ^ ^^id bailiffs or farmers of the faid kings and queens of
intereii of the this realm for the time being, for and in confideration of fuch
kafe. Various liberty d[ pai&ge with fuch wayne or waggon lojden over die £ud
M^^ toiU mapor, five and except the wayn«s or wagftons of any perfon or
perions lawfully exempt from the payment <? the (aid toU. And
whereas the office of receiving the faid toU widiin the faid manor
by the refpedive bailiffs and firmers of the^id. kings and queeiy
MX this realm for the time being, lon^ befocs and at the time of the
making of the grant and demife hereafter next mentioned, hadbeeni
and was called, kno^n, and diftiHguiflMd by the name of the baii<
liwtck of the borough of Boroughbrid^gei in the county of Yorkf
and which faid bailiwick, and the iaid tolls long before the making
the grant and demife hereafter tnentionedi had been annexed t%
aod
ASSUMPSIT GENERAL^Fon TOLLS. 954
Ml fhen were parcel of the poflefficns of (he antient dutch^jr of
Lmcafter. And wh^eas William the thirds Ute king of t.n^' Leafe from K.
laiic^ &c. on the aineteentb of April 1697, was ieifed of the faid Wm. 3. to fir
bailiwick with the appurtenances and of the iaid tolls in his de*- ^ "* ^*
mefiie as of fee in right of the {aid dutchy of Lancafter, and being fo ^ '
feiied, the late king William the third, by his indenture of leafe then
niade and fealed with his feal of his faid then tDSLjttkfs (aid dutchy
of LaRcafter, bearing date the (ame day and year laft above mtn^
tioned, and duly iiwoUed (one. part of which (aid indenture feakd
with the feal of his iaid majeft/s (aid dutchy of Lancafter^ the (aid
k>rd.Pelham now brings here into court, the date whereof is the
£une day and year laft aibreiaid) for the conlideration therein men««
lioacd) by and with the advice and confent of his chancellor and
tiK council of his iaid dutchy of Lancafter, did grant, demife, fee,
and to £arai let unto Robert H. knight, (among other things)
all that the (aid bailiwick of the borough of Boroughbridge, in th^
faid county of YcMrky together with the (aid fever^ and refpective
toUs there and which are therein defcribed to be parcel of the pof«
feffions of his (aid majefty's dutchy of Lancafler, to hold the fame
limo the (aid fir Robert Howard, his executors, adminiftratorsand
affigns^ for and during the full time and term of ninety-nine year%
to CofMoence from and after the deceafe of her raajefty Catherine
queen dowager of England from thence next enfuing, and fully to
be compleat and ended ; by virtue of which (aid demifehe tbrdud
fir R. H* becamf intitled to the reverfion expet^nt on the deceafe
of the (aid ^uctn, (tf'and in the iaid bailiwick and tolls, and all die
rights and privileges powers and authorities thereunto bekniging,^
for and during the faid terni th^eby granted ; and being fo entitled Affimment of
he the (aid fir R* H. by his indenture of affignment, feated with the Lad leaf^ by
his own (ieal, and made on the feventeenth day of June 1697, at fir R. H. t»
Boroughbricfee aibrefaidi between him the faid fir R. H. of the ^* '^-
ooe port, B* 0» of| ko* efauire, of die other part, (one part of
iriucb (aid indenture^ fealed with the ieal of the faid fir 'R. die (aid
lord Pclham . now Sringis here into court, the date whereof is the
iaaie day and ycx laft aforeiafd) for the confideration of
potmds to him paid by the laid B. B. did bargain, fell, ai&gni
transfer, and (et over unto the (aid B. B. his executors, admini*
Abators and aiCgns, all the intereft, eftate, and term of ninety*
nine jrears, in as large, ample> and beneficial a manner and form
to all intents and Dun>ofes, as he the laid fir R. H. his executors
or adniiniftruors had, or might, or ought to have and enjoy the
bmCf by force and virtue of die fidd recited indenture of leafe tof
him the laid fir R* H. granted as aforefiiid, or anv thing therein con*
tahied ; by virtue of which faid indenture of amgnment he die £iid*
B. B. became indded to the rev'erfion expeSant on the demife of
die find queen, of and in the laid bailiwick and tolls, and all die
ngbts and pri vilifeB, powers and authorities diereuoto Belonpng^
for and during the remainder of the toad term of ninety-nine years.
And the laid lord Polliatt faith, that after the making of the (aid •
iwienture of affignment, {du^t is to by) .on. the twentieth 4ay oT
December
IM A'SSuMI^SIt GEkEtiAL.-.FoR
December 1705, die faid Catherine queen dowager of Englana'
died, and thereupon the faid R. B. cfnlered into the faid bailiwick^
and became and was poOefled thereof, and of the faid tolls, and all
the rights, privileges, powers, and authorities thereunto belong*
ing, for the refidue of the faid term of ninet j-nine years ; and be-
toderkafc ing fo poflefTed, the fitid B. B. by a certain indenture of leafe itiade
^"d ^ rf JJ* on the twenty-fccond of May, in- the thirteenth yeaf- of the reign
^ U^ p^ • of his late majefty king George the firft^ and in the year 1727, at
I * Boroughhridge aforefaid, between him the faid B. B by his name
and addition of Bi B. of, &c. in the county of Rutland, efguire, of
the one part^ and the moft noble Thomas Holies, D* of Ni one of
his then majefty's principal fecretaries of (tate, and kiught of the
moft noble order of the garter, and the right honourable Henry Pel-
bam, efquire,his then majefty's fecretary at war, and one 6f the lords
of his then majefty's moft honourable privy council, only tardther of
the faid duke, of the other part (cme partof whidi faid indenture feaied
with the feal of the faid B. B. the faid lord P. now brings here into
court, the date whereof is the fame day and year laft aforefaid)
for the confiderations therein mentioned, diet demife, leafe, fet,
and to farm let unto the faid ^. Hi duke of Newcaftle, and H. P.
their executors, adminiftrators and afltgns famong other things)
all that the faid bailiwick of theboroueh pf Borough'bric^ in the
county of York, together with the faid tolls there, and all and fin*
gular the rights, members^ and appurtenances unto the fajd baili-
wick and toils belonging, to hold the fame unto the Bid T. H.'
duke of N« and H. r« their executors, adminiftrators, and affigns,
from, &C. for and during and unto the full end and tenh of
years from thenceforth next enfuing^ and fully to be €ompleatand
ended i yielding and paying therefore unto the faid B* B. his exe-
cutors, adminiftrators^ aild ailigns^ the yearly rent or ftmi of
pounds, at certain times therein mentioned; by virtue
of which faid laft-mcntioned indenture of {eafe^ they the faid T. H.'
duke of N. and H. P. efquire, entered into the faid bailiwick and
became pofTefTed thereof, and of the tolls and other the premifes
herein before mentioned, for and during the faid term of feven
years, the rcfidue of the faid term of ninety-nine years belonging
to the faid B. B. And being fo pofTefTed and intitled, the faid B. B.
afterwards, to wit, on the eighth of April 1728, at Boroughs-
bridge aforefaid, duly made and publifhed his iaft will and tefta-
ment in writing, and thereby gave unto his fon, W. B, all and
fingular his the faid B< B/s leafe for feven years, goods and chat-'
tels, and perfonal eftate whatfoever, and did thereby conftituteand
appoint the faid W« B. fole executor of the faid will : and the fiud
B. B. after the making and publifhing of his faid wilt, to wit, on
the fame day and year laft aforefaid, at Boroughhridge afordaid,
B. i. din. departed this life, without revoking or altering the fame, fo pollefled
an4 entitled as aforefaid : and the faid Wv. B. after the death dtAe
(aid B. B* (that is to fay) on the tenth day of June I728, to wit,-
at Boroughhridge aforeuid, duly proved die faid will of the faid
B. B« in the prerogative court of che archbilhop of York, being
tho
Assumpsit GEKE'RAt.-?oR f OLL^. t6i
#
fhc pr(^)er court for that purpofe, and' took updrt himfelf thcexc^
cittiofl thereof; by virtue of which faid will of the faid B. B. the
faid W. B. on the day and year laft aboVefaid^ became intitled to
the (aid bailiwick, tolls, and oth^r the prehiifes herein before men- *
tioned> for and during the rcfidae of the faid term of ninety-nine
Eirs, And being fo intitled, the faid W. B. by his indenture of P""^' '*^«
fe made the eleventh day of July, in the third year of the reign fromB-B'» «3^«-
©this late rtiajetty king Cje6rgethe lecond, and m the year 1729, duke ai^ H.F*
at Boroughbridge aforefaid, bstween him the faid W* B. by hi»
name and addition of W. B< &c« efquire, of the one part, and the!
faid T. H« duke of N. and H. P. of the other part (one part of
which faid indenture, fcaled with the feal of the faid W. B. the
laid lord P. now brings here into court, the date whereof is the
day and year laft atbreiaid) fbf the confideration therein mentioned^
did grant, leafe, fet, and to farm let unto the faid T< li. duke of
N. and H. f, efqaire, their executors, adminiftrators, and ajflignsi
(among other things) all that the faid bailiwick of the borough
of Boroughbridge, in the county of York, together with thd
iaid tolls there, and all and fmgular their rights, members, and ap-t
purtenances ; to hold the fame unto the faid T. H. duke of New-*
caftle, and H. P* their executors, adminiftrators, and affigns,
from the determination ofthe fard term of feven years, for and dur-
ing and unto the full end and terni of feventy years eight months
and twenty days from thence next enfuing; and fully to be com-'
^eated and ended; yielding and paying therefore unto the faid
W. B. his executors, adminiftrators^ and affigns, the yearly rent
of pounds, at certain times thereinmentioned ; by virtue
of which faid laft-mentioned indenture oflcafe they the faidT. Hi
duke ol Newcaftle, and H. ?* became and were intitled to the faid
bailiwick, tolls, and othef the premifes herein before mentioned, for
and during the faid term of feventy years eight months '-nd twenty
days, from the determination of the laid term of feven years. And
they the (aid T< H, duke of N. and H. P. being fo poflefled and in^-
titled as aforefaid, the faid H. P# afterwards, and after the expiration
of the faid term of feven years, to wit, on the fixth of March *754*
at Boroughbridge aforeiaid^ died, the faid T. H. duke of N. him H. P. <f:*s, fht
forviving j and thereupon the faid T. H^ duke of N. became folcly <i"*^« itirvrvim.
poflefled and entitled of in and to the faid bailiwick, tolls, and other
the premifes herein before mentioned, for and during the refidue
of the faid term of feventy years eiglit months and twenty days*
And being h pofTefled as aforefaid, the faid T. H. duke of N. af-*
terwards,"to wit, on the 29th of February 1768, at Borougb-i^
bridge aforefaid, duly made and publiibed his laft will and telia-
ment in writing, and thereby gave and bequeathed Henrietta
diitcheft of N. by the defcription, name, a«d title of his dear wife
Ae dutcheft of Pf. her executors and admidiflra'.ors, all his pur**
fobal eftate, and did, of that his will, nominate, conftitute, and
appoint his (aid dear wife, and the right honourable T. H. (now
the fiud plaintiff, lord Pelham) executors ; and the faid ^. H.
dake of N^ after the making and publifhing of has faid wtU, to
' YoJk. U M wit,
1^ ASSUMPSIT GENERAL.— foR TOLtl
ThedKikc 4)et»vit» 00 the fame day and year laft aforeiaid, at Boroil^«
tewing the bridse aforefaid, departed this life without revoking or alteni^
^^drflSttSr ^ ^ ^*** poflefled and entitled as aforefaid : whereupon the £iid
Sutonk^** H. 4utchcfs of N. and the f«ud lord P. afterwards, to wit, on the
iiune day and year laft aforeiaid, at Boroushbridge aforeraid, duly
proved the faid will in the proper ecdeliaftical court, and took
upon themfelves the execution thereor,and entered intOf and became
and were pofleflTed of the faid bailiwick, tolls, and other the pre^*
Diifes herein before mentioned, for and during the rcfidue of the
faid term of fevcnty years eioht months and twenty days. And
being (b poffefTed, tne faid Henrietta dutchefs of N. afterwards, to
wit, on the feventh day of October 177a, at Boroughbridgey
gfore&id, duly made and publifhed her lail will and tellament ip
writing, and thereby, after fevcral devifes and bequefts therein con«-
tained, gave, devited, and bequeathed unto the (aid lord P. by the
defcription of her friend Thomas lord P. all her eftate, tenOf
and iotereft of and in the laid bailiwick and tolls, and did confti-
tute and appoint him the faid Thomas lord P. fde executor of
(bat her wills and the faid H. duchefs of N. after the making and
publifhing of her faid will, to wit, on the fame day and year laft
^he dmche^s afoTcfaid, at Boroughbridge aforeiaid, departed this fife, without re-
dies, leaving the y^l^jpg ^^ altering the (ame; and the faid lord, after the &id U*
w"SSrto. dutchcfs of N. (that is to fay) on the twenty-fccond day of July
tereft of the .177^) ^^ ^^ ^^ Boroughbfidge aforeiaid, duly proved the £ud
wiU of the laid H. dutchefs of N. in the proper ecclefiofticai courts
and took upon himfelf the execution thereof ^ by virtue of whic)\^faid
premifes the faid lord P became, and was, ana ftill is pofleflTed of the
uid bailiwick of the borough of Boroughbridge, in the county of Y*
and the faid toll there, and all and fingular the riehts, members,
and appurtenances thereto belonging, for the rcfidue of the faid
temvoffcyenty years eight months and twenty days. And beii^
fo thereof poiteffed, the (aid J. P* afterwards, to wit, on the firft
day of January 17S0, and on divers other days and times between
that time and the firft day of Alay 1 785, came, went, or paflM
with his wiiyne or waggon loaden divers, to wit, twelve hun-
dred times by and at the fouth end of the faid bridge of the bo*
rough, othefwife Boroughbridge, over the faid manor, the (aid
J. r» at thofe feveraf times not being lawfully exempt from the
payment of the faid toll, whereby the laid J. P. beQune liable to
j>ay to the fi;id lord P* as and for the tolls due and payable to die
laid lord P. for the pafi'age of fuch wayne or waggon loaden over
the iiiid manor as aforcfaid, a large fum of money, to wit, the fum
of twenty pounds, being fourpcnce a time for e^h aiSd every
time of the faid J* P. comings goings and paffing with his iaid
wayne or waggon loa4en over the (aid manor as aforefaid > whereo/
the faid J* ?. afterwards, to wit, on the lame day laft aforesaid,
at Boroughbridge aforefaid, in the c6unty aforeiaid,. had notice ;
and being fo liable, he the faid J* P. in confideration thereof, af«
terwards, to wit, on the fame day and year laft aforefaid, at Bo«
jroughbridge aforefaid, in the county aforefaid) undertook, and thco
mi
, ASSUMPSIT GENERAU^FoiL TOLLS. . rfij
and there feithfully promifed the faid lord P. to pay him the faid ium ad Cdont,
of money when he the faid J. P. ihould he thereto reqiiefted. Claiming 4d. for
And whereas the manor of B. is a manor of the ancient demefne '^^^ ^ef^
cf the crdwn of England, as by the record of the book of Doomcf- ^^^ °^*'
day appears ; and whereas the faid manor was the inheritance and
part of the poflcfTions tit the crown of England and of Laricafter rc-
. lpe6Hvely^ at divers periods, for a long time, to wit, until the reign
of Edward the fixth, late king of England, &g. and afterwards ; and
whereas the town of Burghbridge, othei-wife BurroWbridgc, nowi^^
and from time whereof the memoi'v of man is not to the contrafy^
hath been within and parcel of the (ame manor ', and whereas all and
fingular the kings and queens of this realm in right of his &id
crown of England and dutfchy of LanCafter refpeftively for the
. time being, from the time whereof' the memory, &c. In rcfpeftof*
fuch manor by their refpe<ftive bailifis and farmers for the time be-»
. iflg» had, taken, and received, and have been ufed and accuftomed
. to have, take^ and receive^ and of right ought to have had, taken^
. and received, and ftill of right ought to have, take, and receive a(f
■ the bridge of Burrowbridge, within the faid town, a certain rea--
luubk toll, that is to fay^ a toll of four- pence for every wavhe or
waggon loaden, coming, g()ing, or pafling that way ov^ the faid
town, payable and paid during all the time afordaid by the proM
. prietor or proprietors of fuch wayne or waggon load fd going, or
paffing over the faid town as aforefaid, to the laid bailiirs or far-*
mers of the faid kings and queens of this realm for the time beingfi
for and in conftderation of fuch liberty of paflage with fuch wayne
or waggon loaden over the (aid town, fave and except the waynss
^ waggons of any perfon or perfons lawfully exempt from the
payment of Ac &ia toll; and whereas the office of rcfc2iving the
bid toils within the faid town by the reipedive bailiffs and fanners
of the faid kings and queens of this realnfi for the time being, long
before^ and at the time of the makine of the grant and oemife here-
after next mentioned, had been, ana was called, known, anddif-
tinguiflied by* the name of the bailiwick of the borough of Bo-
roughbridee in the county of York, and which faid bailiwick and -
the faid toUs, long before the making the grant and demife hereaf<
fer next mentioned, had been annexed to, and then were parcel of
the pofleflions of the ancient dutchy of Lancafter ; and whereas
WiUiarm the third, late king of England, &c. on the nineteenth
day of April 1697 afofe&td, was feifed of the faid bailivinck with
the appurtenances and of the faid tolls in his demefne as of fee, in
ri^t of his dutchy of LanCafter ; and being fo feifed, the faid late
kii^ WiUiam the diird by his indenture of leafe then made, and
ftakd with the feal of his faid then majefty's (aid dittchy of L«
bearing date the fame day and year laft above mentioned, and duly
enroHed (one part of which (aid indenture, fealed with the f;:al of
tiis faid nasty's dutchy of LanCafter, the f<ud lord P. now brings
here into court, the date whertef is the fame day and year laft
.ifcrefaid} for the confidtfrationt therein mentioned, by' and with
.llie .advice ^content. of bis /aid chancellor and council of his faid
M 2 dutch/
x64 . ASSUMPSIT GENERAL.— Fon TOLLS.
dutchy of L. did grant, demife, fc^ and to farm let unto R. H.
knight, (among other things), all that the Ciid bailiwick of the
borough of Borou^hbridge, in the faid county of York, together
W!ch the faid feveral and refpeSive tolls tliere, and which arc thereia
defcribed to be parcel of die poiTefTions of his (aid majsfty's aiicienc
dutchy of L. to hold the fame unto the (aid fir R. H. his execu-
tors, adminiftrators, and afligns, for and during the full time and
term of ninety-nine years, to commence from and after the dcceafe
of her majefty Catherine then queen dowager of England, from
thence next enfuing to be fully compleat and end.*d ; by virtue of
which faid d^mife, he the faid fir R. H. became intitled to the re-
verdon expe^nt upon the deceafc of the faid queen, of and in the
faid bailiwick and tolls, and all the rights^ privileges, po^KrerSy
juidSiuthorities thereunto belonging for and during the iaid term
diertby granted. And being fo intitled, the faid (ir R. H. by his
indenture of affignment, feabd with his feai, and made on the
feventeenth day of June 1697, at Boroughbridge aforeCud, be--
tween him the faid fir R. H. of the one part, and B. B. of the
parifli of St. Margaret's, Weftmiafter, in the faid county of Mid-
dlefex, efquire, of the other part». (one part of which faid inden-
ture, fealed with the feal of the (aid fir R. the faid lord P. now
l>rings here into court, the date whereof is the fame day and year
laft aforefaid) for the confideration of pounds to him paid
by the faid B. B. did bargain, (ell, affign. transfer, and fee over
* to the faid B. B. his executors » adminiftrators, and affigns, all the
intereft, eftate, and term of ninety- nine years of him the (aid fir
Jl. H. of and in the faid bailiwick and the tolls thereof, to hold
the (ame unto the faid B. B his executors, adminillrators, and
affigns, .for the refidue of the faid term of niaety-nine years, in as
large, ample, and beneficial a manner and form to all int;cnts and
purpofes as he the faid fir R. H. his executors or adminiftrators
had, or might, or ought to have and enjoy the fame, by force and
virtue of tl^ faid recited indenture of lea(e to him the (aid fir R« H*
granted as aforefaid, or any thing therein contained ; by virtue of
which faid indenture of affignment he the faid B B. became en-
titled to the revcrfion expectant on the deceafe of the faid qiteen,
of and in die faid b.iiiiwick and tolls, and all the rights and pri«
vilegesv powers and authorities thereunto belonging, for and d«ir->
ing the remainder of the Ciid term of ninety-nine years. And the
faid lord P. faith, that after the making of the indenture of affign*
ment (that is to fay) on the twentieth day of December 1^05, the
(aid CatKcrtne, queen dowager of England, died, and thereupon
the faid B. B. entered into^the faid bailiwick, and became aod was
pofleffed thereof, and of the faid tolls, and all the rights, privi-
leges, powers, and authorities thereunto belonging, for the refidue
ot the faid term of ninety-nine years. And being fo poflfeffcd, the
faid B. B. by a certain indenture of leafe made on the twenty*
fccond day of May, in the thirteenth year of the reign of his late
majefty king George the firft, and in the year bf Our Lord tnj
at Boroughbridge aforcCud, between him the fiud B. B, by lii$
ASSUMPSIT GENERAL^FoR TOLLS. i6$
ipame and a^ition. of B. B. of, ice eiq. of the one part» and. die'
jDoft noble lord T. H- duke of N. one of bis then majeflr's prin-
cipal fecretaries of ftate» aiid knight of, the moft noble or<ter of the
garter, and the right honourable H. P. efauire, his majefty's then
fecretary at war» and one of the lords of hts then majeily's moft
honourable privy council, only brother of the faid duke, of the
other part, (one part of which faid indenture, iealed with the feal
of the faid B. B. the laid lord P. now brings here into court, the
date whereof is the fame day and year laft aforelaid) for the confi-
derations therein mentioned, did demife, leafe, fet, and to han let un«
to the (aid T. H. duke of N* and H. P. their executors, admiaiftra<<>
tors, andaffigns, (among other things) all that the faid bailiwick of
the (aid borough of Boroughbridge, in the county of York, toge-
ther with the laid tolls there, and all and lingular the rights, mem-
bers, and appurtenances unto the (aid baiUwick and tolls belong-
ing I (o hold the &me unto the laid T. H. duke of N. and H. P»
their executors, adminiftrators, and aifigns, from the feaft of the
Annunciation of t;heblel&d Virgin Mary, then hift paft> before
the date thereof, for and during and unto the full end and term of
feven years from thenceforth next eofuing, and fully to be com*
pleat and ended ; yielding and paying therefore unto the laid B. B*
his executors, adminillrators, or affigns, the yearly rent or fum
of pounds, at certain times therein mentioned ; by virtue
of which (aid laft mentioned indenture of ieafe, they the laid T. H,
duke of N. and H. P. efquire, entered into the faid bailiwick, and
became polTeiied thereof^ and of the tolls and other the premiles
herein before mentioned, for and during the term of feven years^
the relidue of the faid term of ninety-nine years, belonging to the
(aidB.^. And being fo pplfefied and entitled, the faid B. if. after-
wards, to wit, on the eighth of April 1728, at Boroughbridge
afiarefaid, duly made and publiibed his lz& will and telhmient m
writing, and thereby gave unto his fon, W. B. all and (tngular
his the (aid B. B/s leafes for years, goods, chattels, and perlbna|
ellate whatfoever, and did cherebv conftitute and appoint W. B,
(etc executor of the faid will : and the faid B. B. after the making
of his (add will, to wit, on the lame day and year laft aforelaid, at
Boroughbridge aforelaid, departed this life without revoking or
altering the lame, fo poliefl'ed and intitlcd as aforelaid. And the
£ud W . B. after the death of the (aid B. B. that is to (ay, on the
tenth day of June 1728, to wit, at Boroughbridge afore(aidy
duly proved the faid will of the faid B. B. in the prerogative court
of the archbilhop of York, being the proper co^rt tor that pur*
pofe, and took upon himfcif the execution thereof; by virtue of
ivfaich (aid will of the faid B- B. the (aid W. B- on the da.y and
year laft above mentioned, became intitled to the faid bailiwick^
tolls, and other the premifes herein before mentioned, for anddur«
ing die reiidue of the faid term of ninety-nine vears. And being fe
intitlcd, the faid W. B. by his indenture of lea(e made the eleventh
of July, in thtf third vear of the reign of his late majefty king
George the ieGC|nd| and in the year 17299 at 9orou^bbri4ge aforer
X^ * ASSUMPSIT <JENERAL.-rFoR TQLtl
faid, bctwecp him the faid W« B. by his name and addition eff"
W. B. of , efquirei of th<: one part, and the (aid T. H,
fjake of Newcaftle and H. P. of the other part (ope part of which
faid indenture, fealed with the feai of the faid W. B. the &id lord
p4'now brings here into court, the date whereof is the day and year
)aft aforefaid) for the confideration therein mentioned, did grant.
jeafe, fet, {ind to farm let untp the faid T. H duke of N. and
H» P. their e;(ecutors, adminiftrators, and aifigns (^^nongft other
things) all that the iaid bailiwick of the faid borough of Borough-^ *
bridgeinthecountyof Y» together with the (ajd tolls there,andaU and '
fingular their rights, members, and appurtenances ; to hold the &me
unto the faid 1\ H. di^ke of M. and H. P. their executors, ad-
miniArators, and afligns, from the deterntinatibn of tlie faid term
pi fcven ^yfsars, for and during and unto the full end and term of
feventy years eight months and twenty days from thence next en-
fuing, and fully to be compleat and ended i yielding and paying
therefore 'unto the f^d W* B« bjs executors, adminiftrators, and
^gns, the yearly rent or bxtn of one hundred and thirty pounds at
certain times therein mentiooed i by virtue of which faid laftmen*
fioned indenture of leafe, they the faid T. H. duke of N* and
tL P. bepame and were entitled to the faid bailiwick, tolls, and
ptfaer the premifes herein before mentioned, for and during the faid
term of feventy yeare eight months and twenty days, from the de-
termination of the faid term cf feven yes^rs. And thev the faid
T. H. duke of Newcaftle ^(1 H. P. being fo pofrefr(:a at)d inti-
tltfd as aforefaid, the faid H. P. afterwards, and after the es^pira*
tion of the faid term of feven years, to wjt, on thp day
pf March 1754., at Boroughbridge aforefaid, died, the faid T. [^«
duke of N. him furviving ; and thereupon the faid T. H. dulee
pir N. became folcly poflellcd and incitied of| in, and to the faid
bailiwick, tolls^ and'^other th^ faid premifes herein before mentioned^
fbr and during the refidue of the faid terq) of feventy years eight
rnonths anfi twenty ds^ys. And being To poiTcfled as aforefaid, the
faid T. H. duke of N. afterw^rds^ to wir, on the twcnty^ninth
day of February |7|^8, at Boroughbridge aforesaid, duly ma4e
and publifhcd his laii wil) and teftantent in writing,apd thereby gate
and bequeathed to H. duchefs of N. by the defcription, name|*
and title, of his dear wife the dutcheis of N. her executors ami
adminiftratoTs, all his perfonal eftate, and did of that (lis vrill no-
minate, conftitute, and appoint his faid dear wife, and the right
honourable T. f^. (no^ the faid plaintiiF lord P.) executors ; anq
fhe faid T^ H. diike of N. $ifter the making and publiQiing of
' hts faid will, to wit, on the iame day and yc^r laft a(bre(aid«
at Borpughbrjdge aforefaid, departed this Ijfe without revoking
pr altering the fame, fo ppiiefTecf ^nd incitied ^s aforef;|id: where*
Vpon the laid H. dutcheis pf N. and the faid lord P« aifterwards, tQ
>\it, on the fame day and year laft aforefaid, at B. aforeiaid, duly
E roved the faid will iti the proper ecclefiaftical court, and took
pon themfelves the execution thereof, and by virtae thereof en-
tered into and became, and were pofteiied of tbg b\d bailiwick^
ASSUMPSIT GENERAL.-.FOR TOLLS. i6y
lolis, and other the premiles herein before mentioned, for and dur-
ing the refidue of the (aid term of feventy years ele ht months and
twenty d ys. And being (o pofleiTed, the faid H. dutchefs of N.
afterwards, to wit, on thjc feventh day of G'<5>ober I772, at B.
iforefaid, duly niade and publiflsed her lall will and teftament in
writing, and thereby, after fcveral dcvifcs and bcqucfts therein con-
tained, g4ve, devifed, and bequeathed unto the faid lord P. by the
defcription of her friend T. lord P. all her cftate, term, and intereft > *
of and in the faid bailiwick and tolls, and did conftitute and appoint
him the iaid T. lord P. fole executor of that her v^ ill ; and the
faid H» dutche& of N. after the making and publiQiing of her
£ud will; to wit, on the fame day and year laf) aforcfaid, at B.
aforefaid, departed this Ijfe without revoking or altering the fame ;
and the &id lord P. after the death of the laid H. dutchefs of N.
that is to fay, on the twenty-third day of July I776, to wit, ac
6. aforeCiid, duly proved the faid will of the faid H. dutchefs of
N. in the proper ecdeftaftical court, and took upon himfelf the.
execution thereof ; by virtue of which faid premifes the faid« lord
p. became, and was and ftill is poflefled of the (aid bailiwick.
•f the borpu^h of Boroughbridge in the (aid county of Y. and
the (aid tolls there, and all and fingular the rights, members, and
appurtenances thereunto belonging, for the refidue of the (aid term
of feventy years eight mondis and twenty days. And being fo there*
of poflefled, the (aij J. P. afterwards, to wit, on the firft day of
January 1780, and on divers other days and times between that
&y anc the iirft day of May 1 7 85, came, went, or pafled with his
wayne or waggon leaden divers, to wit, one thoufand two hundred
times, by and at the fouth end ofthe faid bridge of Boroughbridge
over the (aid town, he the faid J. P. at thofe feveral times not be-
ibg lawfully exenpt from the payment of the faid tolls, whereby
|he laid J. P. became liable to pay to the faid lord P. as and for
the tolls due and payable to the laid lord P. fur the pa(rage of
fucb wayne or waggon loaden over the faid town as aforeiaid, a
brge fum of money, to wit, the fum of twenty pounds, being four«-
pence a time for each and every time of the faid J. P. coming, go-
ing, and paffing with his (aid wayne or waggon loaden over the &id
town as aforeiaid; whereof the faid J. P. afterwards, to wit, oa
tbe(ame day and year laftaforefaid, at Boroughbridge aforefaid,
in the county afore(aid, bad notice ; and being fo liable, he the
(Slid J. P. in conftdcratibn thereof afterwards, to wit, on the
fame day ^nd year laft aforefaid, at Boroughbridge aforeiaid, in
;he (aid counnr, undertook and then and there faithfully promjfed
ihe (aid lord f. to pav him the faid laft mentioned fum of money
when he the (aid J. P. (hould be thereto requefled. And where^r 3d Ceunr, ev«r
as the manor of B. in the county of York, is a manor of the the puam-^ 6d«
ancient demefne of the crown of £ngland, as by the record of the
book of Doomefday appears } and whereas the faid manor was
the inheritance arid parcel of the pofTeilions of the crown of £ng«-
|uxd and of the dutch^ of L. refpeAively, at divers periods for a
jpn^ dme, to wi^ until the reien of Edward tte (iwy laCt king
J^l♦ of
t^ ASSUMPSIT Q5NEI^^-i-F«li TOLW.
of England, and afterwards ; and whereas all and (Ingular tfa^
kings and queens of this realm, in riRht of the (ajd crown of E,
and dutcby of ly. rcfpeflively for the time being, from time where-
<5f, &c. have in refpeft of uich manor by their refpcflive bailiffs
and farmers for the time bein^, had, taken, and received, and have
^een ufed and accuftomed tp havci take, and receive, and of right
ought to have had, taken^ received, and ftill of right ought tohave^
take, and receive at the bridge of ^he Borough, otherwjfe Bo-
roughbridge within the faid manor, 2^ certain r^afonable toll|
that is to fay, a toll of fixpence for every wayne or waggon load-
en, coming, going, or paGing that way over the {aid m^nor, pay-
fible and paid, during all the tjmc aforefaid, by the proprietor or
proprietors of fuch wayne or waggon loadpn fo coming, going, or
paffing over the faid manor as aforcfiid, to the faid bailiffs or far-
mers of the faid kings and queens q( this realm fof the time beings
for and in cpnfiderationc f fuch liberty of pa{r.\ge wit|i fuch wayn^
or waggon loaden over the faid manor, fave and eaicej)t th^
Waynes or waggons of any perfop or perfons la>vfu)ly es^empt
from the payment of tlje faid toll ^ and whereas the office of re-
ceiving the faid tolls within the fajd nriaqor by thp refpe£livc bai-
lifFs anJi farmers of the faid kings and queen$ of this realm for the
time being, long before, and at the time of the makipc; of the grant
dnd deniilc hereafter next mentioned, had been, and was called^
known, and ^jflinguiflied by the name of the bailiwicip pf the
fcorouph oif Burrowbridge, in the county of Y. and which ^id
bailiwick and the faid tolls, long before the making the grant and
demife hereafter next a»entioned, had been annexed to and then
were parcel of fhe poffeflions of the ancjent dutcliy of Lancafter i
and whereas William the third, late king of England, on th^
ninth day of April 1607 aforesaid, was felic(j of the faid baili.vicl^
U'iih the'appurtenanccs and of the f^id tolls in his* d^mcfiic as of
fee, in right of his faid dutchy of Lancaflcr'j and being fo feifed,
the faid late king William the third by indenture of leafe then
hiade, and fealed^'ith the feal of his faid .then I'najefty's faid dut-:
chy of Lancafter, bearing date the iamc day and year lall above
nientioned, apd duly iprolied, (one part < f which faid Indenture,
fcajed with the feal of his (aid mrjcl^y's dutchy of Lancafler, th^
faid lord P. no\v brines here into court, the date whereof is tb«
tame day and year laft aforcLid) for the couilderations therein men*
iioned, by and with the advice and c.^nfcntof his chanctUof and
the council' of his faid dutchy of L. did grant, demise,' fet, an()
to farm let unto R. {!• knight, (amongft other thjngs) ail that
fhe faid bailiwick of the borough of Boroughbridge in the fa;<|
pounty of Y. together with the faid fcyeral and refpeflive toll$
there,' and which arc therein detcribcd to be' parcel or the poflef-
JTtons of his (aid majefty's ancient dutchy of Lancafter, to hol({
the fame unto the faid hr R. H. his executois, adminiArators, ancj
alBgns for and during the full time and term of ninety-nine years,
to commence from and after the deceafe of her majefly Catherine^
thqn Qupen ^ow^^f of England, Cpoi^ thencq next enl'uing fuJlf
ASSUMPSIT G£NERAL.~>Fm TOLLS. l(f
fn.])e compleat and ended; by virtue of which faid demife he the
ha fir 'R. H. became entitled to the reverfion expedant on the
deceafe of the faid queen of and in the faid bailiwick and tolls,
and all the rights and privileges, powers and authorities thereunto
belonging, for ;ind during die faid terms thereby granted. And
being fo intilledy the faid fir R. H. by his indenture of affignment
{ealed with bis feal, and made on the feventeenth day of June
i697» at aforefaid, between him the faid fir R. H. of
the one psirt, and B. B. of. Sec. efquire, of the other part (one
part of which faid indenture, fealed with tKe feal of the faid fir R*
the faid lord P. now brings here into court, the date whereof is
die fiune day and year laft aforefaid) for the confideration of
pounds, to him paid by the
/aid B. B. did bargain, fell, aflign, transfer, and fct over unto the
/aid B. B. his executors, adminiflrators, and affigns, all the inte^
reft, eflate, and term of- ninety-nine years of him the faid fir
R. H. of and in the {aid bailiwick and tne tolls thereof, to hold the
fame vnto the faid B. B- his executors, adminifirators, and affigns,
for the refidue of the £ud term of ninety-nine years, in as large^
ample, and beneficial manner and form to all intents and purpofes as
he the faid iir R. H. his executors or adminiftrators, had or might
or ought to have and enjoy the iame by force and virtue of the
ibid recited indenture of leafe to him the faid fir R. H. granted
as albrefaid, or any thing therein contained ^ by virtue of which
^id indenture of affignment .he the faid B 6* became intided to
the reverfion expeSant on the deceafe of the faid queen, of
$nd in the (aid bailiwick and tolls, and all the rights and ptivU
Irges, powers and authorities thereunto belonging, for and during
the remainder of the faid term of ninety-nine years. And the faid
lord P. faith, that after the making of the faid indenture of affign^'
ment, that is to fay, on the twentieth day of December 1705, the
^id Catherine, oueen dowaeer of £• died, and thereupon the (aid
B. U, entered mto the faid bailiwick, and became and was pof-
leiled thereof, and of the iaid tolls, and all the rights, privileges,
powers and authorides thereunto belonging, for the refidue of th«
^d term of ninety-nine years. And being (b poffidfed, the (aid
B. B. by a certain indenture cf leafe made on the twenty-fecond
day of May« in the thirteenth year s){ king George the hrft, an4
in the year 1 727, ajt aforefaid, between him th^
^d B, B. by hjs name and addition of B* B. of, &c. of the one
fart, and the moft noble lord T. H. duke of N. one of bis ma-
jefty's then principal fecretaries, &c. &c. and the right honour*
Mc IL P. ef(juire, his then majefty's iecretary at war, &:c. only
brother of ^e faid duke, of the other part^ (ope part of which (aid
indenture, faded with the fe^ of the (aid B* B. the faid lord ?•
now brin^ here into court, the date whereof is the (ame day and
year la(l aforefaid) for the confideration therein mentioned, did
demife, leafe, fet, and to farm let unto the faid T« H. duke of N«
Y^ I|f 1^. their cxec^tors^ adminiftratoi^ and affigns (among other
ijb ASSUMPSIT GENERAL— Foa TOLLS.
things) al! that the bailiwick of thebcMTough orBoroughbridgcin thai
County of Y. together with the faid tolls there, and ^i and lingular
the rights, members, and appurtenances, unto the (aid bailiwick
and toils belonging; to hold the iame unto the (aid T« H. dtike of
N. and H. P. their executors, adminiftrators and affigns, frooi,
tic, for and during and unto the full rnd and term of year!^
fron thenceforth next enfuing, and fully to be compleat and end*
td 'f yielding and paying therefore unto the Uvi B. B. bis cxecu-
r6rs, adminiftrators, or afligns, ^he yearly rent or furn of )•
A certain times therein mentioned i by virtue of which faid laft-
mentioned indenture of leafc, they the faid T. H. duke of N.
and H. P. efquire, entered into the fatd bailiwick and became pof*
iefled thereof, and of the tolls and other the prennifes herein before
mentioned, for and duri)ig the faid term of fcven years, the refi^
due of the faid term of ninety nine years, belonging to the (aid
B. B. And being'fo poiTefTed and intitled, the faid B. B* afterward^
to wit, on the eighth day of April 1728, at
afbrefaid, duly made and publilhed bis laft will and teftament in
writing, and thereby gave unto his fon W, B« all and lingular the
ikid B. B.'s leafes for years, goods, chattels, and perfonal eftate
ivhatfoever, and did thereby conftitute and appoint the faid W. B.
|ble executor of his faid will «, and the faid B. B. after the makii^
and publifbing of his faid will, to wit, on the (ame day and year'
latt ihtthii, at B* aforefaid, departed this life withoift revoking
or altering the fame, (o poiTefled and intitled as aforcfaid. And the
iaid W. B; after' the death of the faid B. B, that is to fav, ori the
tenth day of June 17289 to wit, at B. B. aforefaid, duly proved
the faid will of the faid B. B. in the prerogative court of thq
archbifhop of Y. being the proper court for that purpoie, and tool;
upon himfelf the execution thereof) by virtue of which (aid wiQ
of the faid B. B. the faid W. B in the day and ydir laft aforcEud^
became intitled to the faid bailiwick, tolls, and other thepreibtlct
herein before mentioned, for and during the (aid reiidue of die '(aid
term of ninety-nine years. And being to intitled, the iaid W.B. by
his indenture of leafe made the eleventh day of July,in the Avrd year«
lire; of king George the fecond, and in the year 1729, at Borough**
bridge aforefsud, between him the iaid W. B. by his name and ad*
dition of W. B. of, &c. of the one part, and the laid T. H. duke of
N. and H. P. efquire, of the other pan (one p^ of which faid io*
Venture fealed with the feal of the faid W« B. the (aid lord P. now
brings here into court, the date whereof is the day and year afbrer
faid) for the confideration therein mentioned, did grant, leafe, iet^
^nd to farm let imto the Uid T, H. duke of N. and H. P. their
execlitors, adminiftrators, and afligns (among other things) all
tbkt the faid bailiwick of the borough of Boroughbridge, in tb<$
county of Y. together with the faid rolls there, and all and fmgu-
lar the rights, members, and appurtenances ; to bold the fame unto
Hie faid T. H. duke of N. and H. P. their executors, adminiftra«>
iprs, and' afKgnSi from) JTp* for and during and unto the full
end an^ ^erpi of ^ears ffom tiience next eniuing,
ami
AMUMPMT GENER AL-.FdR TOLLS. i>l
jitfMl fuUf Id be compleat and ended ; yielding and paying there-
fore umto the fiud W . B. hii executors, admintftntors, and af-
fignS) the yearly rent of at certain times therein
fnentioned; by virtue of which faid laft mentioned indenture of
}eaCty tiiey the faid T. H- duice of N. and H, P. be^amp ^nd'
were intitled to the faid bailiwick, tolh» and other the prjtmifefi
herein before mentioned, for and during the faid term of fevent/
years eight months and twenty days, from the faid determination
of the faid term of feven year. And diey the faid T. H. duke of
N. and H. P. being (b poflefled and intitled as aforefrid, the faid
^. P. afterwards, and after the expiration of the faid term of fcr
yen years^ to wit, on ^e of Mslrch 1 7549 at
aferefaid, died, the faid T. H. duke of N. him furviving |
^nd thereupon the faid T. H, duke of N. became folelj poffeiiec)
9nd intitled of, in, and to the fiiid bailiwick, tolls, and other the
premises herein before mentioned, for and during the refidue of the *
fiud ferm of • And being fo pofleflfed as afore^
fyid^ the (aid T. H. duke of N. afterwaids, to wit, on the
day of February 1768) at Boroughbridge aforelaid, duly made and
publtflied his laft will and teftament in writing, and thereby gave
and bequeathed to H. dutchefs of N. bytbedeCcription, name, and
title of bis dear wife the dutchefe of N» her executors and admi«-
niftrsitors,dl bis perfonal eftate, and did of that his will nominate,
^nftitut^ and appoint his (aid dear wife and the right honourable
T. P. (now the (aid plaintiiF lord P.) his executors, &c. ; and
^ (aid T. H. duke (^ N. after the making and publishing of
his (aid wiU, to wit, on the fame day and year laft aforefaid^ al
Boroughbridge afortfaid, departed this life without revoking or aU
teriBft the lame^ fo pofieifed and intitled as afcMrefaid ; whereupon the
faid H. dutchefs ot N* and the faid lord P. afterwards, to wit, oi|
(he iame day and year laft aforefaid, atBoroughbridge aforeiaid, duly
prored the fiud will in the proper ecdefiaftical court, and took up«
on themfidves the execution thereof, and by virtue thereof entered '
into and became, and were pofl&iTed of the laid bailiwick, tolls, and
other the premifes herein before mentioned, for and during the re-
^due of the iaid term of • And being fo pofleiTed, the laid
H. dtttchefr of N. afterwards, to wit, on the feventh day of OSbdbetf
1772, at Boroughbridge aforefaid, duly made her laft will an4
tettjunentin writing, andtbeteby, after feveral devifes andbequefts
therein contained, gav^, devifed, and bequeathed unto the (aid lord
P. by the defcription of her friend T. lord P. all her eftate, term^
and intereft of and ii> (he faid bailiwick and tolls, andoid conftitute
and appoint him the £iid T. lord P. fole executor of that her will i
and the faid H. dutchefs of N. after the makjng and publiihing of
her &id will, to wit, on the fame day and year laft afofefaid, at Bo-;
roughbridge aforefaid, departed this life without revoking or alter-
ing the lame ; and the laid lord P. after the death of the CM H^
dutchefs of N. that is to fay, on the twenty-fecond day of July
17761 to mU at Boroughbridge. duly proved the (aid will of the
^
ASSUMPSIT GENERAL.— Foil TOLL*.
f«i<} jutchefs of N. in the proper e^cIefuiftiGfal courts and took upoQ
himfdf the execution thereof; by virtue of which Cud premifef die
faid lord P. became, and was and Hill is pofleffed of the laid baili-
wick of the borough cfBoroughb ridge in the county of Y. and tbe
faid tolls there, and alfo all and fipgular the rights, nM»nberSi and
appurtenances thereunto belonging, for thereudue of the (aid term
ofsfeven y years eight months aitd twenty days. And being (b
^ thereof pofTeflfed) the faid J. P. afterwards, to wit, on the faid firft
day of January 178O) and on diirets other days and times between
that day and tbe iirfl day of May 1 785, came, went, and pafled with
his wayne or waggon leaden divers, to wit, one tbouiand twi»
hundred times over the faid manor, by and at the.fouth end of the
faid bridge, he the faid J. P. at thofe feveral times not being
lawfully exempt from the payment of the faid tolls ; whereby the
faid J, p. became liable to pay to the faid lord P. for tbe paflage
of fuph wayne or waggon loaden over the faid manor as aforeiaulr
A-l^rge fum of money, to wit, th^ fum of thirty pounds^ being
fixpence a time, for each and every time of the (aid J. P«
cpming, going, or paffing with hts faid wayne or waggon loaden
over the faid m^orfis aforefaid; whereof the faid J. P, afterwards, icr
wit, on the fame day and vear laft aforefaid, at Boroughbridge afore-
faid, in the county afore(aid^ had notice i and being fo liable, he the
faid J, P. in confi deration thereof, afterwards, to wit, on thefiime
day and year laft aforefaid, at Boroughbridge aforefaid, in the county
aforefajd, undertook, and then and there feithfully promifed the (aiid
iQrd P. to pay him the faid lafi mentioned fum of money when he
4th CountiOver ^Hf faid J. P. (hould be thereto requefled* And whereas the
the tawM, 6(i. manor of B« in the county of Y* i& a manor of the ancient de-
mefne of the crown of England, as by the record of the book of
I}oomefday appears ; and whereas the fsud manor was the inheri-
tance and parcels of the poflcflipns of the crown of Lngland, and
of the dutchy of L. rtfpedively at divers periods for a long time»
tq wit, until the reige of Edward the fixth, late kinff of Eng-
land, &c* and afterwards; and whereas the town of fi, now is^
and from time whereof, &c. bath been within and p^ircel of d^
f^ime manor $ and whereas all and.fingular the kipgs W queens
cf this realm, jn right <cf the laid crpwn of Englapd and dutchv
of Lanpafier refpe&ively, for the tim^ being, from timp whereof,
kc. have jn refytSt of fuch m^nor by their refpeSive ba^iifs moA
farmers for the time being, had, taken and received, and have t>een
ufed andaccuftomed to have, take, and receive, and of r^h( o^ght
to have had, taken, and received, and ftill of right ought to h^ve^
take, fUid receive at the bridge erf Boroughbridge u ithip the faid
town, a certain reafonable toll, th«|t is to f^y, a toll of fis^pence fof
every wayne or waggon loaden^ coming, going, or paffing that «fay
over the iaid town, payable and paid during the tine aforefaid, by the
proprietor or proprietors of fuch wayne or waggon loaden fo com-
^ng) going, or paffing over the (aid town, to the faid bailiiFs or far-
mers of the f{iid kings and queens of this realm for tbe ttmebein^
fur and in ^onfideration of fuch liberty of pafTage with fuch waym
ASSUMPSIT GENERAL — Foi rOLLS. - i>j
ir waggon loaden over Che faid town, fave and except the wayn^
or waggons of any perfon or perfons lawfully exempt from the pay-
ment of the faid toll ; and whereas the office of receiving the faid
tolls within the faid town, by the refpedive bailiffs and farmers 6f
the (aid kings and queens of this realm for the time being, long be-
fore, and at the time of the making the grant and demife hereafter
next mentioned, had been and was called, known, and diftingui(bH
by the name of the bailiwick of the borough of Burro wbridge, ' in
the county of York, and which faid bailiwick, and the faia toHs,
long before the making of the grant and demife hereafter next
mentioned, had been annexed to and then were parcel of the ppf-
feffions of the ancient dutchy of L. ; and whereas William the
third, late king cf £. &c. on the nineteenth of April 1697 afore*
(aid, was feifed of the faid bailiwick with the appurtenances and
of the fold tolls in his demcfne as of fee, in right of his faid dutchy
of L. and being fo feifed, the f^id late king William the thirrl*
1^ his indenffure of leafe then made and fealed with the feal of his
£iid then majcfty's faid dutchy of L. bearing date the fame day
ond yesir laft above mentbned, and duly enrolled, (one part <)f
which faid indenture, fealed with the fcal of his faid majefty's
dutchy of L« the faid lord P. now brings here into col^rt, the
date whereof is the fame day and year laft aforefaid), for the con*
fideration therein mentioned) by and with the advice and confent of
his chancellor or council of his (aid dutchy of L. did grant,
'demi(e, fet^ and to farm let unto K* H. knight (among other
things), all that the faid bailiwick of the (aid borough of Burrow-
bridge, in the faid county of Y. together with the bid feveral and
refpedive tolls there, and which are therein dcfcribed to be parcel of
the pofTeffions of his majefty's ancient dutchy of L. to hold the
fame unto the (aid fir R. H. his executors, adminiftrators, and
affighs, for and during the full titne and term cf ninety-r ine years^
to commence after the deceafe of her majeity Catherine then
queea dowager of England, from thence next enfuing^ and fully
to be compUat and ended ; by virtue of which faiJ dernife he the
faid fir R. H. became intitled to the reverfion expe<Stant on the
deceale of the faid queen, of ^and in the faid bailiwick and tolh^
and all the rights^ privileges, powers, and authorities thereunto
beiooging, fer and during the faid term thereby granted. And be-
ing fo intitled, the faid iir R. H* by his indenture of affignTent^.
(ealed with his feal, and made on the feventeenth day of June
1697, at Burrowbridge aforefaid, between him the faid fir R. H.
of the one part,* and t^. B. oF, &c. of the other part, (one part of
which faid indenture, fealed with the leal of the (aid fir R. H. the
(aid lord P. now brings here intocourt, the date whereof js the (anae
day and year laft aforefaid),- for the confidetation of -— «— * to
hini paid by the faid B. B. did bargain, fell, affign, trai^fer, and
(ct over unto the faid B. B. his executors, ajminiftrators, and
affigns, all the intereft, eftate, and term of ninety- nine years of
him ttie fiiid R. H. of and in the (aid bailiwicicand the tolls there-
of^ to hold tfae£ime untoihe &id B. B. his executor), &c. for tke
refidue, .
*74 ^ssvMPSrr obneraL-.#or totia^
refidae of the faid term of ninf ty-ciine years, in as large, ampie^
and beneficial manner, to all in(sncs and purpoTes, as he the (aid
iir R. H* his executors, or adminiftrators had, or might, or ought
to have and enjoy the fame, by force and virtue of the (aid rc^
cited indenture of hafe to him the faid fir R. M. granted as afore-
fiiid, or any thing therein conUined ; by virtue of which £ud in-
denture of affignm^nt he the {aid B. B. became entided to the re-<
verfion expe^^ant on the deceafe of the faid queen, of and in the
faid bajliwick and tolls, and all the rights and. |>rivilegc$, power*
and authorities, thereunto belongings tor and during the reoiaiader
of the (aid term of ninety-nine years. And the faM lord P. Caith^
that after the making of the (iiid indenture of affignm^nt, that is to
hjy on die twentieth day of December i jofit the faid C* queen
dowager of E. died, and thereupon the faid B« B. enured into tbef
laid bailiwick, and became and was poiTcfled thereof, and of the fitid
tolls, and all the rights, privijegps^. powers and authorities thcfc-
tinto belonging, for the refidue of the faid term of nmfty^mom
years. And beine fo poflefled, the (kid B. B« hy a certain inden-
ture of leafe made on the twentieth of May, in the tUrteeiitli
year of the reign of his late majefty kingXjeorge the firft, and in
the ye^r 1717, at Burrowbridge aforeiaid, between him the faid
B. B. by his name and addition of B*.B. of, &c. efquire, of the
yOne partj' and the moft noble T. H. duke of Newcaftle, one of
bis then^ majefty's, &c. icc. and the right honourabli^ H. P.
efquire, his then majefty's« ice. &c. brother of the faid duke, of
die other part, (one part of which faid indenture, fealed with the
feal of the faid B^ B. the (aid lord P, now brings here iuto courts
the date whereof is the fame day and year laft aforefaid), for the
eondderations therein mentioned, did demife, leafe, fct, and to &nn
let unto the faid T. IL duke of N. and H. P. their executors, &c«
(among other things) all that the faid bailiwick of the (aid borough
of Boroughbridge in the county of York, together with the (M
toils there, and all and fingular the rights, members, and appur-
tenances unto theiatd bailiwick and tolls belonging ; to hold the
fame unto the faid 'l\ H. duke of N. and H. P. their executors*
&C. from, &c. then laft paft, for and during and unto the fuH
. end and term of feven years from thence next enfuing, and fully
to be compleat and ended } yielding and paying therefore unto
the faid B. B. bis executors, tec, the yearly rent or fum of
j)ounds at certain timers therein mentioned'; by virtue of which
faid laft mentioned indenture of leafe they the laid 1\* H. duke of
N. and H* P. efquire, entered into the faid bailiwick, and be*
came poifefled thereof, and of the tolls and other the premiiet
herein before mentioned, for and during the faid term of feven
years, the refidue of the £iid term of ninety-nine years, bekmgiqg
to the (aid B. B. And being (b poffe(fed and intided, the faid B. b.
afterwards, to wit, on the eighth of April' 1728, at Borougb-^
bridge aforefiiid, duly made and publiibcd his lait will and teifai-
ment in writing, and thereby gave unto his fon W. B. all and fin*
f ular the laid B. B.'s kafcs tor years, goods and ch^tcls, and per«
r
ASSUMPSIT GENERAL,— For TOLLS. 17$
fbn&l eftatcs wfaatfoever, and did thereby conftitute and appoint
the (aid W* B. fole executor of bis faid will y aad the faid B. B«
after the making and publi(hing of his faid wilU to wit, on tbt
bme day and year laft aforefaid, at BoroughhriJge afarefaid, de*
parted this life without revoking or altering the fame, fo po(kSki
and intitled as aforelaid* And the (aid W, B, after the death of
the faid B. B. that is to fav, on the tenth of June 1728, to wit, at
Boroughbridge aforefaid, ((uly proved the faid will of the faid B*B. id
the prerogative court of the archbi(hop of Y. being the proper court
for that purpofe, and took upon himfclf the execution thereof (
by virtue of which faid will of the (aid B. B. the faid W. B. oti
the day and year laft ab^vefaid, became intitled to the faid baiii*
wick, tolls, and other the premifes herein before mentioned, for
and during the faid refidue of the faid term of ninety-nine years*
And being fo intitled, the (aid W. B. by bis indenture of leaf«
pnade the eleventh of July, in the third year of the reign of hit
late maiefly king George die fecond, and in the year 1739, at
Boroughbridgq aforefaid, afterwards, between bim the faid W« B«
))y his name and addition of, &C. of the one part, and the faid
T. H. duke of N. and H. P. efquire, of the other part, (one part
flf which faid indenture, fealed widi the feal of the faid W. B.
the faid lord P. now brings here into court, the date whereof is
the day and year laft aforelaid), for the confiderations therein men<*
tioned, did grant, leafe, fet, and to (arm let unto the faid T. H*
duke of N. and H. P. their executors, &c. (among other things)
all that the faid bailiwick of the borough of Boroughbridge in the
county of Y« together vrich the laid toll there, and all and
fingular the rights^ members, and appurtenances; to hold the
(ame unto the laid T. H. duke of N. and H« P. their executors,
tic from the determination of the faid term of feven years, for
and during the ^ull end and term of feventy years eight months and-
t^ei^ty days from thence next enfuing, and fully to be compleat
and ended ; yielding and paying therefore unto the faid W. B,
his executors, &c. the yearly rent of pounds, at certain
times thereiA mentioned ; by virtue of which (aid laft mentioned
indenture of leafe, they the (aid T, H. duke of N. and U. P.
became and were entided to the (aid bailiwick, tolls, and other
die premifes herein before mentioned, for and during the (aid
term of feventy years eight months and twenty days, from the
determtoadon of the (aid term of feven years. And the £iid T. IL
duke of Naand H. P. being fo poire(rcd and istided as aforefaid,
the (aid H. P. afterwards, and after the expiration of the faid term
of feven years, to wit, on the fixth of March 1754, at Borough*
bridge aforelaid, died, the faid T. H. duke of N* tiim furvivins ;
and thereupon the faid T* H. duke of N, became folely j^tk&d
and intitled of, in, and to the faid bailiwick, tolls, and other the
premifes lierein before mentioned, for and during the refidue of
the (aid term of feventy years eight months and twenty days*
And being fo poScSkd as afore(aid, the (aid T. H* duke of N*
afterwards, to wit, an the tvFenty-ninth of February 1768, at
Borough*
37* ASSUMPSit G£NERAL.-?oA T6ttA.
Boroughbridge afore£iid, duly made and publiflied his laft will znS
teftament in writing, and thereby gave and bequeathed to H.
dutchefs of N. by the defcription, name, and title of his deaf
/ wife the dutchefs of N. her executors and adminiftrators, all his
perfonal eftate^ and did of that his will nominate, cenftitute^ and
Itppoinc his faid dear wife and the right hbnourable T. P. (now
the (aid plain tiff lord P.) executors; and the faid T. H. duke of
N. after the making and publifliing of his faid will, to wit, on
the fame day and year laft afereikid, at Boroughbridge aforefaid^
departed this life without reroking or altering the fame, fo pof-
fefl^d and intitled as aforefaid : whereupon the faid H. dutchefs of
N. and the faid lord P. afterwards, to wit^ on the fame day and
year laft aforefaid, at Boroughbridge aforefaid, diriy proved tht
Aid will in the proper ecclefiaftical court, and took upon them-
felves the execution thereof, and by virtue thereof entered into
and became and were pofleiTed of the faid bailiwick, tolls, and
Other the premifcs herein before mentioned, for and durii^ the
refidue of the f id term of feventy years eight months and twenty
days. And being fo poflTeflfed, the (aid H. dutchefs of N. after*
wards, to wit, on the feventbday of CXStober 1772, at Borough-
bridge aforefaid, duly made and publi(hed her laft will and teita<»
ment in writing, and thereby, after feveral devifes and bequefts
therein contained, gave, devifed, and beqdeathed unto the faid
lord P. by the defcription of her friend T. lord P. all her eftate^
term, and intereft of and in the fatd bailiwick and tolls, and did confti-
tute and appoint htm the faid T. lord P. fole executor of that her
will ; and the faid H. dutchefs of N. after the making and pub-
liftiing of her faid will, to wit, on the fame day and year laft
aforefaid, at Boroughbridge aforefaid, departed this life without
revoking or altering the fame; and the faid lord P. after the deattf
of the faid H. dutchefs of N. that is to fiy, on the twenty-fecood
of July 1776, to wit, at Boroughbridge aforefaid, duly proved the
iaid will or the faid H. dutchefs of N. in the proper occlefiafltcal
court, and took upon hirafelf the execution thereof; by virtue I'f
which faid premifes the faid lord P. became, and was, and ftill is
poiTcfted of the (aid bailiwick of the borough of Boroughbridge in
the faid county of Y. and the faid tolls thete, and all and fingular
, the rights, members, and appurtenances thereunto belonging, for
the refidue of the faid term of feventy years eight months and
twenty days. And being fo thereof poffefled, the faid J. P. after-
Wards, to wit, on the nrft of January I78c>, and on divers other
days and times between that day and the firft of May 1785, came,
went, and palled with his wayne or waggon loaden divers, to
wit, one thoufand two hundred times over the bid town, by and
at the fouth end of the faid bridge of Boroughbridgei he the bid J. P.
at thofe feveral times not being law AiUy exempt from th^ payment
of the faid tolls, whereby the iaid J. P, became liable to pay to the
laid lord P. as and for the toils due and papble to the laid lord P.
for the pafiage of fuch wayne or wageon loaden over the iaid
t^iirn as ^foreiaid, a large fiim of moxiey, 10 wit, the fum of
ciu/tjf
ASSUMPSIT GENERAL.— I^oR tOtiS. i?7
thirty pounds, being fixpenqe a time for each and every time
oiFthe faid J. P. coming, going, and pafling with his faid wavne
or wagf^on loaden over the faid town as afs>refaicbwjie|cof the faid J.P.
afterwards, to wit, on the fame day and year VdAMartt^^ at Borough-
bridge atorefaid, in the county aforefaid, Hfil notice ; and being
fo liable, he the faid J. P. in confideration thereof, afterwards, to
wit, on the fame day and year lad aforefaid, at B* aforeiaid, iii
the county aforefaid, undertook, and then and there faithfully
promifed the faid lord P. tp pay him the faid lift mentioned fum
of money^ when ke the faiJ J P. fhould be thefctd fequefted.
And wfi^eas the manor of Aldbridge, otherw^fe Boroughbridge, 5*hCount,Thtt
othcrwile' Allbridgc and B-^Idge, otherwife Bofoughbridge And ^^* "^^^
Alcibrijgc, in the county of York, is an ancient manor; and for toll wer hi»
whereas the faid lord P. pn the firil of January 1780, was, and man9r of Ald-
froni thenceforth hitherto hath been, and flill is, lawfully intitled bridge other*
to have, take, and r<iceive, aiid during all thit time of right ought ^!^ Borough,
to have had, raken, and received, at the bridge of the Borough^ ^^
otlierwife Boroughbrid;;e, \frithin the faid manor, a certain rea-
fonable, that is to fay, a toll of fourpence for every wayhe or
waggon loaden, coming, going, or pafCng that way over the faid
manor, payable during all the time aiforefaid, by the proprietor or
proprietors of fuch wayne or waggon loaden, fo coming, going, or
paiEng over the iaid manor as aforefaid, to the faid lord P. for the
paiTage of fuch wayne or waggon loaden over the faid manor^
lave and except the wayiiss or waggons of any perion or perfbns
lawfully exempt from the payment of the faid toll ; and whereas
the iaid lord P. beihg fo intitled as aforefaid, the faid J. P. not
being lawfully exempt from the payment of the faid toll, after*
wards, to wit, on the faid firil of January 1780, and on diverd
pcher days and thncs between that day and the firfl of May 1785^
ctme, went, and pafTed with his wayne or waggon loaden divers,
to wit, one thoufand two hundred times over the faid tnanor b^
and at the fouth end of the faid bridge of the Borough, otherwife
Boroughbridge, be the faid John P. at thofc; fevera) times hot be-
ing lawfully exempt from the payment of the (aid toll, whereby
the faid J. P. became liable to pay to the faid lord P. as and for the
toll of fuch wayne or waggon loaden, fo coming, going, and
paffing over the faid manor as aforefaid, a ^arge fum of money, to
wit^ the fum of twenty pounds, being fourpence a time for each
and every time of the (aid J. P. coming, going, and pafSng with
his find wayne or waggon loaden over the faid manor as aforefaid i
whereof the faid J. P. afterwards, to wit, on the fame day and year
laft aforefaid, at Boroughbridge aforefaid, in the county aforefaid^
bad notice ; and being fo liable, he the faid J. P. in confideration
thereof, aftervi^ards, to wit^ on the iame day and year lafl afore-
said, at B. iforefaid, in Hie county aforefaid, undertook, and
then and there faithfully pr6mi(ed the faid lord P« to pay him the
(aid lafl mentioned fuoi of money, when he the faid J. P. fhould
kc thereto requefledi And whereas the town of Burrowbridge, in ^thC6vint« Stai-
ifig Borough-
bridge to bf AD andem town for toQi p«<nng over th» t»nm*
Vot.L . N , the
I7« ASSUMPSIT GENERAL.- Fok TOLLS.
the county of Y. is an ancient town ; and whereas the faid lord
P. on the firft of January 1 780, was, and from thenceforth
hitherto hath been and ftill is lawfully intitled to have, take> and
receive, apd during all that time of right ought to have had,
taken, and received at the bridge of Burrowbridge within the
faid town, a certain reafonable toll, that is to fay, a toll of four-
pence for every wayne or waggon loaden coming, going, or
paffing that way over the faid town, payable during all the time
aforefaid, by the proprietor or proprietors of itich wayne or wag-
gon loaden, fo coming, going, or psU&ng over the faid town as
aforefaid, to the faid lord Pelham, for the paiTage of fuch wayne
or waggon loaden over the faid town, fave and except the waynes
and waggons of any perfon or perfons lawfully exempt from the
payment of the faid toll ; and whereas the faid lord P. being io
intitled as aforefaid, the faid John P. afterwards, to wit, on the
firft day of January 1780, and on divers other days and times
between that day and the faid firft of May 1785, came, wcnt^ and
^ pafTed with his wayne or waggon loaden divers, to wit, one
thoufand two hundred times over the faid town, by and at the
fouth end of the faid bridge, he the faid J. P. at thofe feyera!
times not being lawfully exempt from the payment of the (aid toll,
whereby the faid J. P. became liable to pay to"^he faid lord P, as
and for the tolls for fuch wayne or waggon loaden, fo (doming,
going, and paffing over the faid town as aforefaid, a large fum
of money, to wit, the fum of pounds, being fburpence
'' a time for each and every time of the faid John P/s coming, go-
ing, and paffing with his faid wayne or waggon loaden over the
faid toWn as afore&id ; whereof the faid J. P. afterwards, to wit,
on the fame day and year laft aforefaid, at j^oroughbridge aforefaid^
to wit, on the fzmc day and year laft aforefiud, at B. aforefaid, in the
county aforefaid, had notice ; and being fo liable, he the (aid
J» P. in confideration thereof, afterwards, to wit, on the fame
day and year laft aforefaid^ at B. afore faid» in the county afore*
(aid, undertook, and then and there falthfullypromifed the faid lord P.
to pay him the faid laft mentioned fum of money when he the faid
^thCoufit, Over J, p, (hould be thereto requefted. And whereas the manor of Ald-
the «#iMr of borough, otherwife Burrow-Bridge, other w 1 fe Aldboro and Bur*
"^^ row-Bridge, otherwife Boro-Bridge and Aldboro, in the county
of York, is an ancient manor, and that the faid lord P. on th«
firft day of January 1780, was, and from thenceforth hitherto hath
been and ftill is, latvfully intitled to have, take, and receive, and
during all that time of right ought to have had, taken, and re-
ceived at the bridge of Boroughbrldge within the (aid manor> a
certain reafonable toll, that is to fay, a toll of fixpence for every
wayne or waggon loaden coming, eoiiig, or paffing that Vfay
over the faid manor, payable during ail the time aforefaid by the
proprietor or proprietors of fuch wayne or waggon loaden to
coming, going, or paffing over the (aid manor as aforefaid^ to die
(aid lord P. for the paflfage of fuch wayne or waggon loaden over
the (aid manor at aforefaid, fave and except the waynes or Wag*
goqs of any perfon or perfons lawfully exempt from the payment
of
ASSUMPSIT GENERAL.— For TOLLS. 1^9
of the faid toll ; and whereas the (aid lord P. being (b intitled as
^orefaid, the faid J. P. not being lawfully exempt from the pay*
ment of the faid toll, afterwards, ta wit, on the firft day of
January lySd, and on divers other days and times between that
day and the firft day of May 1785, came, went, and pafled with
his wayne or waggon loadcn divers, to wit, one thou(and two
hundred times over the faid manor by and at the fouth end of the
laid bridge, he the faid J. P. at thofc: feveral times not being law«
fully exempt firom the payment of the faid toll, whereby the faid
J. P. became liable to pay to the iaid lord P. as and for the tolls of
fi/ch wayne or \'k'aggon loaden, fo coming, going, and paffing
.over the faiJ manor as aforefaid, a large fum of money, to wit,
the fum of thirty pounds, being iixpence a time for eaph and
fvery time of the faid John P. coming, going, and paffing with
his wayne or waggon loaden over the faid manor as aforcfaid;
whereof the /aid J. P. afterwards, to wit, on the fame day and
year lad aforeCid, at Boroughbridge aforefaid, in the couQty
aibrcfaiJ, had notice ; and being fo liable, he the (aid J. P. in,
confidcration thereof, afterwards, to wit, on (he fame day and
year lad aforefaid, at Burrowbridge aforefaid, in the county afore-
faid, undertook, and then and there faithfully promifed the faid
lord P. to pay hi*n the faid laft. mentioned fum of money, when
he the faid J. P. fhould be thereto requeued. And whereas the Sth Count, An-
town of Boroughhridijc, in the county of Y. is an atictent town j cient town of
and whereas the faid lord P. on the firft day of January 1 780, Borou^idg©
was, and from thenceforth hitherto hath been and ftill is, lawfully ^^ /TJr?* ^^^"^
intitled to have, take, and receive, and during all that time of
right ought to have had, taken, and received at the bridge of
Boroughbrid^e within the faid town, a certain reafonable toll,
that is to fay, a toll of fixpence for every wayne or waggon
joaden coming, going, or paifing that way over the faid town as
aforeiaid, to the (aid lord P. for the pallage of fuch wayne or
waggon loaden over the faid town, fave and except the waynes
or waggons of any perfon or perfons lawfully exempt from the
payment of the faid toll ; and whereas the iaid lord P. being fo
intided as aforefaid, the faid J. P. afterwards, to wit, on the faid nrfl:
day of January 1780, and on divers other days and times between
that day and the firft day of May 1 785, came, went, and pafted
with his wayne or waggon divers, to wit, one thoufand two hun-
dred times over the (aid town, by and at the fouth en4 of the (aid
htidg^ of Boroughbridge, he the faid J. P. at tho(e feveral times not
being lawfully exempt from the payment of the faid toll, whereby
die (Ski J« P* became liable to pay to the faid lord P. as and for the
toils of fuch wa)me or waggon, fo coming, going, and paffing
over the faid town as aforefaid, a large fum of money, to wit^ the
fum of pounds, being fixpence a time for each and every
time of the bid Jol^n P. coming,, going, and paffing with his
hid wayne or waggon loaden over the (aid town as aforeiaid ;
whereof the faid J. P. afterwards, to wit, on the (ame day and
your laft aforefaid, at B. aforefaid, in the county aforefaid, had
N 2 notice^
l8o ASSUMPSIT GENERAL— Fok TOLLS.
rtoticcj andbeingfoliabl^hcthcfaidj. P. in confideration there-
of, afterwards, to wit, oflBtliie, fame day and year laft aforefaid, ai
Boroughbridge aforefaid, in the county aforefaid, undertook, and
then and there faithfully promifed the faid lord P. to pay him the
faid laft mentioned fum of money, when he the faid J. P- (hould
9tli. A general bc thereto requeftcd. And whereas the faid J. P. on the fame day
Count, ftating and year hi aforefaid, at B. aforefaid, was indebted fo the faid
mmcs T'lbl '^^^ P- '" ^^^ ^^^^^^^ ^"^'^ ^^^'"^ hundred pounds of like lawful
*wii«rforpaffing m^ncy> foT the tolls before tliat time due and (fright payable from
e¥cr tlic manor, the faid J* P^ to the faid lord P. for the paflage of clivers cattle
artd carHages over the manor of Bure, otherwife Burg^ otherwife
Aldburg, otherwife Aidborought otherwife Bursr-Brigge, other-
wife Boroughbridge, otherwife Aldborough and Boroughbridge^
otherwife Boroughbridge and Aldborough, in the faid county^
and for the paflage of divers other cattle and carriages over the
tdwn of Burghbridge, otherwife Boroughbridge, in the fame
county ) and being fo indebted, he the faid J. P. in confideratioii
thereof, afterwards, to wit, on the fame day and year laft afore*
faid, at B. aforefaid, in the county aforefaid, undertook, and
then and there faithfully promifed the faid lord P. to pay him the
faid laft mentioned fum of money, when he the (aid J. P. (hould
be thereto requefted : Yet the faid J. P. in no wife regarding his
£iid feveral promifes and undertakings, made in manner as afore*
&id, but contriving, &c. to deceive and defraud the faid lord P.
In this refpe^, hath not paid to the faid lord P. the faid feveral
fums of (t)oney, or aniy part thereof, though fo to do he the faid
J. P. afterwards, to wit, on the faid feveral days and times laft
above mentioned, and often afterwards, to wit, at B. aforefaid^
irt the county of Y. aforefaid, was requefted by the fud lord P. ;
but to pay the fame, or any part thereof, to the faid loid P. tie
the laid J. P. hath hitherto wholly refufed, and ftill doth rchiiz ;
whereupon the faid lord P. faith that he is injured, and hath luf-
tained damage to the value of one thouCiixl pounds ; and therefore
ho brings fuic, &c< G. Wood,
CthttH indeU' CHESHIRE, to wit. James Bfiug^^way complains of Tho-
tatus ajfum^ mas Harrop being, &c. in a plea of trefpafs on the cafe, &c. for
by a toll-gat^ that v^hercas, long before and on the firft day of January A. I>.
keeper for «//i iyg2, and from thence Continually hitherto, there hath been, and
paffing tiiroueh ^^"'^ ^^> * certain public king's highway, leading from the market
with horfci, town of A. in the county of Chcrter, to the market- town of B»
cans> &C. in the fame county, for all his majefty's liege fubjcAs to go, re-
turn, pafs, and repafs upon and over by themfelves, and with cat-
tle, cartSj and carriages, at all times ac their will and pleaftire :
and whereas during all the times aforefaid, certain tolls and duties
have been of right due and payable by all perfons goin^ and pafling
upon and along the laid king's highway with cattle, Carts, and
carriages ; and the faid James, during all the time aforefaid, bath
been, and fttll isj occupier and keeper of a certain toU^houfe and
gsiie
ASSUMPSIT GENERAL.--FOR TOLLS. |8|
rate upon the rai4 king's highway, fituate in the pari^ of S. ii^
the faid county of C. and farmer of the fame tolls and duties,
and lawfully entitled to afk, demand, and receive the (ame there
for all cattle, carts, and carriages paffing along ^he (aid highway
through the faid gate : and whereas, during the time aforefaid^
and while the faid James was fo entitled to the tolls and duties^
^forefdid, that is to fay, on the day and year aforelaid, and on di-
ycrs other days and times between that day and th^ commence*
ment of this fuit, he the faid 1 homas did go, returni pafs, ancl
repafs with divers catt]e, carts, and carriages, by and along the
faid highway and through the faid gate, and by reafon thereof be-,
came liable to pay to the faid James, for the tolls and duties for
the fame of right payable as aforefaid, a large, fum of money, to
wit, the fum of twenty pounds, of lawful money of Great Britain :
and being fo liable, he the O^id Thomas, in confideration thereof,
sifter wardS| to wit, on the feventh day of February, A. D. 1792^^
at the pariih aforefaid, in the county aforefaid, undei'took, an4
fi^ithfully promifed the (aid James to pay him tl^e f<<id fum of it\ot
ney, when he the faid Thomas (houla be thereunto afterwards re-
Suefted. And whereas the faid Thomas afterwards, to wit, on sd Count, \
le day and year lad aforefaid, at the parifh aforefaid, in the coun •>/"'"'''' 4(Ci
ty aforefaid, was indebted to the faid James in the fum of twenty
pounds, of like lawful money, for certain other tolls and duties
then and tdere due and payable from the faid Thomas to the faid
James, as the farmer and coIle£tor of the faid tolls ai^d duties of
right due ar^d payable for cattle, carts, and carriages pailing and >
repaHing by and along the faid king's highway, for and in refpe£^
ofce^ain cattle, carts, and carriages of the laid Thomas having,
before that time, at divers days and times, gone, palTed and re* .
paiTed upon, along, and over the faid highway, whilft the faid
Tames was fuch farmer and cjllei^or as aforefaid i and being fa
indebted, he the faid Thomas, in confid-ration thereof, afterwards^,
to wic, on the day and year lad aforefaid, at the pariih aforefaid,.
in the county aforefaid, undertook, and then and there faithfully
promifed the faid James to pay him the faid laU mentioned fum of
money, when he the faid I'homas fhoulJ be thereto afterwards ro-
Quefied. rCounts for money paid, lent and advanced j accounts^
i^ated^'^nd common conclufion.j Pledges, &c^ *
CORN WAL^^, to wit. The mayor and free burgeflcs of the For tolls aa4
borough of Saltafh complain of Maynard Sparks being, &c. for fart iutieu
that whereas the faid mayor and free burgefles, on the 13th day of
Oftober A. D. ns% were, and from thence continually hither-
to have been, and llill are, lawfully entitled to have and receive a,
ceruin reaforiable toll oi* duty called tonnage, that is to fay, for every
ton of gooiis belonging to any natural-born fubjedl or fubjefts of
this realm imported in any fhipor veiTel in the port of Saltalh, and
there unloaded, unlefs by meafure, to be paid by the mafter and .
9^q[ipuader pf fu<^ix (hip or vefl'el (fuch ^oods i\ot belonging to any
N 3^ perfoa-
iBl ASSUMPSIT GENERAL-^Foa TOLLS.
perfon or perfons, or imported in any (hip or vcffeU in that be*
half exempt) : and the faid mayor and free Uurgefles further fey,
that whilft they were fo entitled to have and receive the iaid toll
or duty, to wit, on the firft day of January, A. p. 1760, divers
* goods, to wit, forty tons of flcur, belonging to a natural-bom
fubje^ or natural-born fubje6is of this realm, were imported in a
certain (hip or vefTcl, into the faid port of S. to wit, in the pariih
of Menne, in the faid county of C. and there unloaded, and not
by meafure, of which faid (hip or vcflel the iaid Maynard was then
and there mafter or commander, the perfon or perfons to whom
the (aid goods belonged, or the faid (hip or veflel in which the (aid
goods were fo imported^ not then being exempt from the faid t<JI
0rduty in that behalf; by reafon of which faid premifcs, the £ii4
^avnard became liable to pay to the laid mayor and hce hur^
gefles fix (billjngs and eight-pciiCe, being at and after the
jate of two pence for every ton of the faid goods fo imported
by the (aid May;uird into the faid port of S. and there unloaded as
aforefaid, to wit, at the pari(h aforefaid ; whereof the faid May*
fiard afterwards, to wit, on the fame day and year hd aforefeid,
th^ had notice ^ and being fo liable, the faid Maynard in confi-
detatioii thereof, afterwards, on the fame day and year laft afore-
iaid, at the paridi aforefaid, in the (aid county, undertook, and
^0 the faid mayor and free burgeiTes faithfully promifed, to pay to
ihem the fum offiTf. (hillings and ei^ht-pence, when he (houla bo
«d Gp«mt, For thereto ^terwards requefted. And whereas alfo the faid mayor
fuarttra^i op a«d free bHrge(Ies, on the faid thirteenth day of 06lober, A. D,
VVP- 17599 ^i^d from thence hitherto continually have been, and fl^ill
are, lawfully entitled to have and receive a pertain reafopable toll
or duty called quarterage^ that is to fay, one halfpenny for every
quarter of goods belonging to any natural-born fqbjed or fubjeds
^this realm, loaded by meafure into raiy (hip or veiTe] within the
faid port of S, to be exported in fuch (hip or veQ^I frpm thence,
or imported jn any (hip or yeflel within the faid port, and there
unloaded by meafure out of fuch (hip or veflel, the faid toll or duty
called quarterage to be paid by the mafter and commaiider of fuch
refpeftive (hip or ve(fel in that behalf empty, when empty : and
the faid mayor and free hurgefles further fay, that ^yhilft they the
faid mavor and free burgeflfes were entitled to have and i^^ceivo
the faid laft-mentioned toll or duty, to wit, on the firft (by of
January, A. D. 1 760, a large (Quantity of grain, tq wit^ oats
Amounting to a great numSer of quarters, to wjt, one tlipufaad
quarters, belonging to a natural-born fubjedt or natural-born fub-
jeSs, wer^ loaded into a certain (hip or veflel uithin tt^e faid port
of S« to witi at the pari(h of M. aforefaid, in the faid county or
C. i^n order to he exported in fuch (hip or vefi'cl from thence, of
which faid (hip or veflel he the faid Maynard w as then and thence
mafter and commander, an J the perfon or perfons to whom the (aid
grain fo belonged in the (hip or velfcl in which the (aid grain was fq
loaded as aforefaid, not then being exempt from the faid laft-men-
tioned toW or duty j by reafon of which faiJprcmifes^ the faid Maynard
bec^^
I
ASSUMPSIT GENERAL.~FoR TOLL& 1S5
became liable to pay to the faid mayor and free burgefles tw»
pounds one (hilling and tight^pence» being at and after the rate
of one halfpenny by the quarter for every quarter of the faid grain
ib loaded into the (aid (hip or vefKl within the faid port of S. as
aforeiaidy to wit, at the parifli afore(aid ; whereof the (aid Maynard-
afterwards,, to wit, on the fame day and year aforefaid, there had
Qodce ; and being fo liable, &c. promifed, &c. And whereas 3^ Goant, For
alfo the faid mayor and free burge(fe8, on the (aid thirteenth day quaneroi* en
of X^dober, A. D. 1759, and from thence continually hitherto oao.
have been, and ftill are,, lawfully entitled to have and receive a
certain other toll or duty called quarterage, that is to fay, one penn v
for every quarter of goods belonging to any natural-born fubjeo:
or fubje^s of this realm, loaded by meafure into any (hip or ve(rel
within the (aid port of S. to be exported in fuch (hip or ve(rel
from thence, or imported in any (hip orve(rel within the faid
port, aod there unloaded by mealure out of fuch (hip or ve(rel, the
(aid quarter to be computed according to the ancient water-mea-
fure of the faid port, and the faid toll or duty called quarterage to
be paid by the mafter and commander of fuch refpe£live (hip or
veflel, fuch goods not belonging to any perfon or perfons, or loaded
or unloaded into or out of any mip or veiTel in that behalf exempt;
and the (aid mayor and free bureedes further (ay, that whilft they
the (aid mayor and free burge(ies were fo entitled to have and
receive the (aid laft-mentioneato)! or duty, to wit, on the (irft day
of January, A. D* 1760, a large quantity of oats, amounting to a
great number of quarters, to wit, one thoufand quarters, accord-
ing to the ancient water-meafure of the faid port, belonging to
a natural-born fubjed or fubjefts of this realm, was loaded in«
to a certain (hip or vefl'el within the faid port of S. to wit, at the
pari(h of M* aforefaid, in the county of C, in order to be exported
in fuch (hip or vc(rel from thence; of which faid (hip or \eSt\ the
bid Maynard was then and there mafter and commander, and tho
faid perfon or pcrfons to whom the (aid grain fo belonged, or the
(aid (hip or ve(rel in which the faid grain was fo loaded as afore-
faid, not then being exempt from the faid laft-mentioned toll or
duty; by rea(bn of which (aid premifes the (aid Maynard became
liable to pay to the &id mayor and free burge(res four pounds
three (hillings and four-pence, being at and a(ter the rate of one
penny by the quarter for every quarter of the faid grain, accord-
ing to the faid ancient water meafure, fo loaded in the faid (hip or
vdfel within the (aid port of S. to wit, at the pari(h aforefaid ;
whereof the faid Maynard afterwards, to wit, on the (ame day
and year laft aforefaid, there had notice ; and being fo liable, &c.
promifed, &c. And whereas the (aid port of S. on the faid thir* 4th Count, For
teenth of 0£lober, A. D. 1759, ^^ ^^'^S ^fo^^* was, and from ^•w* and «- v
thttice hitherto hath been, and ftill is, a navigable ancboring port ^^^T* ^
for aill (hips or ve(rels to (^il to or from the fea, and to (lay and
anchor in at all times of the year, to wit, at the parifli of IL in
the (aid county of C« : and whereas the faid mayor and free bur-
gefleS) 00 the thirteenth of Odobery A. D« I7$9» were^ and front
N ^ thcBco
f 84 ASSUMPSIT GENERAI For TOLLS.
thence continually hitherto have been, and ftill are, lawfuHv pof-
fefied of the faid por(, and during the time laft aforcfaid have
maintained and fupported, and (till of right ou^ht to have main*
tained and fupported, and (llll of right ought to maintain and (lip*
port, a certain buoy floatinj^ within the faid port, for the benefit
and fole diredion of ibips or veflTcIs during that time failing into
pr out of the (aid port, to or from the fea ; and by reafon of the (aid
5>remifbs, the faid mayor and free burgefles, during all the time
afl aforefaid, have beep lawfully entitled to have and receive,
and of right ought to have had and received, a certain reafonable
toll or duty of two {hillings of and from every (hip or ve(rel of of
belonging to any Aibjed of this realm, failing from the (ea int4>
the faid port, and anchoring therein, other than (hips orve(rets in
that behalf exempt. ArnJ the jiaid mayor and free burgefTcs furthej;
fay, that whilft they were fo po(re(red of the faid port, and main*
tained and (upported the faid buoy as aforefaid, that is to (ay, be-
tween the &id thirteenth of OSober, A. D. 1759 and the fifteenth
pf January, A- P* JJ^ft* divers (hips or veffcls of the faid Maynard^
to wif, one hundred ibips or vefTels of the fnid M^ynard, failed
from the (ea into the faid port of S. and anchored *there, to wit,'
At the pari(h aforefaid, he the faid Maynard during all that timd
being a fubjoft of this realm, and the faid (hips or ve(rels, or any'
of them, not being during all or aay part of that time exempt
from the faid laji^rnen^lontd toll or duty, whereby the faid May-
nard became liable to pay to the (^id mayor and free burgefles the
fum of two (hillings for each and every (hip or vefTel of the faid
Maynard fo failing from the fea into the faid port of S. and an-
choring therein as. aforefaid, for the toll or duty (aft aforefaid,
amounting in the whole to a large fum of money, to wjt, the fuiir
of pounds of lawful, &c. that is to fay, dt the parifli afore-
faid, in the ^ounty aforefaid 5 whereof the faid Maynard after*
wards, to wit, on the fame day and year iait aforcfaid, then ha<{
notice ) and bejng fo liable, &c. promifcd, &c. (Fifth Count,
for anchorage only. Sixth Coimt, for buoyagi only. Seventh
Count, for toljs and duties on goods more general* Eighth'
C<>unt, for tonnage within the liberty and diftridt of the water of
Thames, of which the (aid mayor and free burgefles are proprie-
tors. Like Counts as before, for quarterage, anchorage, buoy-
age, and with the liberty of the water hammer.) Yet the faid
Maynard, nof regarding his faid promifes, but, &c. hath not
paid, $(C.
•■11
For contribution to PARTY WALLS {a\
inMitauii *A J. S. complains of A. P. being, &c. for that whereas after the
Jumpjit in B. R. ^ji|rjj^g Qf a certain Aft, made at the parliament of our fovereiffU
pstty %vJht which bad been pulled dovni and repaired by plaintiff; purfuaat tOA^ofparliainea^
14. Geo. in. •
. . i . («) See Adticns on Statutes.
' * H
I I -A
ASSUMPSIT GENERAL.— For CONTRIBUTION, &C. x'if
i . ' ' '
lord the now king hdden at Weftminfter, in the county of Middle>*
jfcx, in the fourteenth year of his reign, and intitled, " An aft for
" the further and better regulation ot buildings and party walls, and
V for the more effeaually preventing mifchiefe by fire within the
** cities of London and Weftminfter, and the liberties tjiercofj and
f* other the pariflies, precinfts, and places widiin the weckly*billi
^ of mortality, the pari&e^ of St. Mary le Bonne, Paddlngtbn, Stl
** Pancras, and St. Luk« at Chelfea, in the county of Middlefex, an<l
f* for indeinnif3ang,uhdcr certain conditions;buildfrs and other perfons
•* againft the penalties to which they are or may b« liable for ereding;
*' building^ within the limits aforefaid, contrary to law,'* to wit, on the
iirft of November, A. D. 1787^ a certain old party wall had been
pulled down, and a certain other party wall built in lieu thereof^ *
}>y and at the expehce of tl^c faid Jonathan, agreeably to the direc-
tion of the faid ^d of parliament, between certain buildings of him
the faid Jonathan, fuuate and bemg in the cfty of L. to wit, in the
pariih of St. Peter, 'in tlje ^yard of Queenhithe, anc} certain other
buildings there adjoining thereto, being of the fame rate or clafs
of buildings as th^ afprefaid l^uildings of the faid Jonathan ; an4
upon that occafion the faia Andrew did mai(e ufe of a great part
of the faid lall- mentioned party wait, and at ^he time of building
and finiihing the faine was the owner' and p^rfon entitled to the
improved rent of fuoh adjoinin? building, to Nvit, at L. aforefaid,
in the pari{h and ward aforefaid ; by means w)iereof, and according
to the tenor and cS^ of the faid a6): of parli^ent in that behalf . *
he the faid Andrew became liable to reimburse and pay to the faid
Jonathan a certain fum of money, to wit, the fum of two hundred
pounds of lawful money of Great Britain, being one moiety of the
expence of building fo much of the (aid party wall, fo btiilt as afore-*
iaid, as the faid Andrew did make ufe of, sifter the rate in the faid
2A mentioned, together with a lik^ proportional part of certain
other expeqces which were necel|ai*y to the pulling down the faid
iU party wall, amounting in the whole to another large fum of
money, to wit, the fum of fifty pounds of like lawful money of
(rreat Britain, and n^ing together with the faid fum of two hun-
dred pounds, the Aim' of two mmdred zM fifty pounds of like law-
ful money of Great Britain \ and being fo liable, he the faid An-
^eW) io cof^fi^eiation thereof, afterwards, to wit, on the day and
year ^for^d, at L. aforefiud, in the parl(h and ward aforefald,
undertook, ^nd faithful! v promifed the faid Jonathan, to pay him
the £ud(um of two hunared and fifty pounds, when he the iaid A.
(bould be thereto afterwards requeited : and although he the faid
Jonathan, in purfuance of the faid a6t of parliament, did, fo fooii
p conveniently might be ^fter the faid psjty wall wks fo built as
tforefaid, to wit, on thefouirte^nth day of September, A. D. 1787,
at L. aforeiaid, in the pariih and ward afbrefaid, leave at fuch ad-
joining building an account in writing of the number of rods it\
fuch party wall for which the faid Andrew was liable to pay, and
^ ^ 4cdu£lioQ w^ich he the faid Andrew was c;ntitled to make
r
(hereouf.
iH ASSUMPSIT GENERAL.~Fo» CONTWBUTIONi Ao.
thereout, on account of the noateriak of the old party wall afisre*
iaid, and aUb on account of fuch other expences as aforeiaidy and
did then and thereby demand payment thereof, according to the
Udd zSt of parliament in that behalf; yet he the faid Andrew, not
regarding the- 6ud sl& of pailiament^ nor his (aid promife and un*
dertaking fo by him made in manner and form aforefaid, bat con*'
triving and fraudulently intending craftily and fubtilly to deceivn
and defraud the fakl Jonathan in this behalf, did not, nor would^
within twcnty«one days next after fuch demand was made as afore*
« S laid, or at any time afterwards, (although often requefled,} reiin«»
burfe or pay to him the laid Jonathan die (aid fum of twohundFed
I and fifty pounds, or any part thereof^ but hach hitherto wholly re-*
\nd Coimt mow fijfed and neelefled ib to do. And whereas the faid A. after warils,
IcncraL ^^ ^^^^ ^j,^ Ifc. aforefaid, at, &c. aforeiaid, was indebted to tbe
faid J. in two hundred and iiily pounds of like lawful money of
Great Britain, for paart of the expence of building a certain party
wall before then built by and at the expence of the faid Jonathan,
agreeably to the diredions of the Cud adt of parliament, betiP^een
certain buildings of him the faid Jonathan, fituate and being at»
&c. aforefaid, and certain other buildings there adjoining thereto,
and which (aid laft-mentioned party wail had before then been made
life of by the faid A. who before, and at the time of building and
iinifhing the fame, was the owner of and perfon entitled to the am-
proved rent of fuch adjoining buildings, and alfo for part of certain
Other expences which were neceflary for the pulling down of a
certain old party wall between the faid feveral buildings befiare
then pulled down by and at the expence of him the (aid Jonatfaai^
agreeably to the dire£tions o>' the (aid a£l of pailiament ; and being
fo indebted, he the (aid A. in confideratio|i thereof, afterwards,
to wit, on, &c. aforefaid, at, &c. aforefaid, underto(^, and then
and there faithfully promifed the faid Jonathan, to pay him the faid
laft- mentioned fum of money, when he the faid Andrew (hould be
thereto afterwards requdfted, &c. [Secconclultons, ftc« to Dc->
(:lafations.l
BY AND AGAINST PARTICULAR PER-
SON S.~CARRIERS, 6cc, (a).
general huW- (i) FOfl the carriage of divers ^oods, wares, and mercbandizet
ftf/»s affm^t by jhe faid A. B, before that time carried and conveyed in certain
<br J^^Z'J^ wagffons, carts, and other carriages of the faid A. B. from, &c.
^^rt^^'a to, to:, for the faid C P. at hisTp^cial inftance and requeft ; and
being fo indebted, &c. And wherdas, in confideration that the
(aid A. B. at the fpecia inftance aivJ requeft o the faid C. D,
(«) See Attcmkt, Executors and A4- (*) See beginnings and coiichifi<n)f ib
miniftiators, Bankrupts, and their af Declarations, &c. fpi all theft CoiAtt.
Hgnees, Corpcrations, tc. Baipn *x)d
Jemc, &c. fcc
had
ASSUMPSIT GENERAL.— On DEM0RA<5E, itc «%.
bad before that time carried and conveyed divers other goods, &c«
pf the faid C. D. for the faid C. D. in certain other waggons of
the (aid A. B. from, &c. to, &c. he the faid C. D« undertook, &c«
to pay him fo much as, ice. and the faid A. B. avers that, &c. .
[For the beginning of and condufion to thefe Counts, fee begiiv*
nings a^ endings of Declarations under that head.]
FOR the dcinofage of a certain veflel called a lighter of the Fordemoniifrot
laid A. B. by him the (aid defendant retained and uied with di- ^ Ugbtcr.
vers goods and merchandizes on board of the (aid liehter, oa it / ^
demorage for a long ijme, to yntf for the fpace of lorty days ^»
then next following* ^
FOR that whereas the faid defendant at the time c( making tfar Spedai cwatt
promife and undertaking of the (aid defendant, hereafter next men- for U» ufe of «
tioned, was pofTefTed of divers large quantities of timber, wood, way to pay fi>
and bark, then lying in the parilh dFD. in the f!QHnty aforefldd; much, *c.^
and fo being there^poflcfled, on the firft of Oaober, A. D. 175ft J^'S!™!^.
at the pariih aforeiaid, in confideration that the laid plaintiff, at sce Special Al-
Ae fpecial inftance and requcft of the laid defendant, would p^f** fumpfu, coo-
mit the faid defendant by himfelf and feveral other perfons, wiA ceming(ale,ufet
cattle and carriages, to carry and convey the (aid timber, wood, ^f-P^**?*^
and bark from the (kid places where the fame fo dien were, untOi r
through, over, and along certain dofes and parcels of land of the
faid pIiintifF, lying and being in the faid pariib and county, unto
^ certain river, csuled A. otherwife B. river, otherwife the fide of
B. river, in the faid county, he the (aid defendant undertook, an4
then and thare &ithfully promifed the faidplaintifF, not only to pay
him fo much money as he the iaid plaintiflr ihould therefore realbn*
(ibly deferve to have, but aUb to render him full fatisfa£^ion an4
junends for ail fuch damage as fhould be thereby done to the iai4
plaintiff in his faid clofes and parcels of land« [Averment tha(
plaintiff confidine, &c. did permit, and that the defendant did acr
cordingly fetch. See. and that the plaintiff reafonably deferved to
have other forty pounds, apd that in the iaid carriage, &c. there
was damage done to the plaintiff in his clofes smd parcels of lands
to the value of forty {hillings, to wit, at the pariih aforeiaidt
whereof the £ud defendant had notice. Aifign a breach for neither
ing the forty (hillings, nor rendering full nor anv other fatts-
ion or amends for me Cud damages.] Second Count as the
rft^ only for th^ damages. Third Count like the 6r&y only for
the quantum meruit. Fourth Count indebted in forty pounds CciMnl M^lf. '
for the ufe and occupation of a certain way or pailage for divers tam affiimffi
pattle, waggons, and other carriages loaded with dumber, wood, ^ ^^ ^^^ ^ ^
and hark, in, through, over, and along certain dofes pf the iaid ^'^*
plaintiff, lyins and being in* the pariih of, &c. beiore then had*
wed, occupied, pofleffe<j^ and enjoyed by die faid defendant, aiul
p. his requeft, by the permiffion of the faid plaintiff, for a long
lune, to wit, for die fpace of one hundred days then elapied ; ana
being fo indebted, &c. And whereas, in coniideration diat the Sl»atitum mtndt.
(aid flaiatiffi at the )ikje fjpecia] inftance, ^c. of the i|aid defen-i
lig ASSUMPSIT GENERAL.— Fur TONNAGE, &<i,
iJant, had before that time permitted the faid defendant, by himfelf
and his fervants, and other perfojis, anc} with cattle, waggons^
and other caniagcs, to fctch^ draw', take, and carry away divers
large quantities of timber, wood, and bark, through, over, and
along certain other clof^is t^ni^ parcel? of land of the faid plaintifF,
Iving and being in the parilh of, &c. afurefaid, and that the faid
defendant h^d accordingly, by the faid perinifTion of thefajd plain-
tiff, by himfelf the faid defendant, and by his fcrvants, and divert
other petfons, and with cattle, waggons^ and other carriages,
fetched, drawed, carried, took, and carried away the faid timber,
*wood, and bark> through, over, and along the faid laft mentioned
^lofes and parcels of land of the faid plaintiff, he the faid defendant
vndertook, ,&c. to pay him fo much as, &c. and the faid plaintifF
fvcrs that, &c. [Sec beginni^igs ai^d endings of declarations.^
ioy tonnage. FOR the tonnage qfdj vera goods, wares, and merchandises of
die faid defendant, by him the iaid defendant before that time na-
vigated, carried, an4 conveyed upon divers parts of a certain na-
vigable cut or cana^ navigable and paflable from the river Trent
!*o the river Mcrfey, jn certain boats, barges, ar\Jl other veflels,
or the faid defendant, and at his fpecial inftance and requeft ; ani
I^K^f^ wtmt. b^ing fo indebted, ice* And whereas, in <ponfidcration that the
" '• faid plaintifr' had before that time, at the like fpecial Inftance and
rQqueft of him the faid defendant, navigated, carric'd, and con-
veyed divers' other goods, wares, and merchandizes of him the
(aid defendant, upon divers parts of the faid cut or canal, in certaiq
6ther boafe, &c, for him the faid defendant, he the faid defendant
undertook, &c. to pay him the faid plaintiff fo much money as he
reafonably defervedtb have for the tonnage thereof, when he the
faid defendant (hoiild be thereto afterwards requefted ; and the
faid plaintiff avers that he, &c. [Sec beginnings of and conclu^-
fions to PQcl<\r^t\ons.J
Pot ft crop of FOR a certain crop of (heep- cabbjage of the faid phintiff, bc-
|ttrep-ta&base. fore th^t time groWiiig and being in a certam dole of the faid
plaintiff, and {old by 'him the faid plaint* ff to the faid acfendantJ
and by him thie laid defendant, according to that fiile, gathered,
taken, had, and received, and ^^ his Ipcdal inftance and requeft j
and being (b indebted, &c. [See*beginnings and conclufioiiSj&c.t
Sj*40Ktt meruit. And whcreas,' in confideracion that the faid phintiff, at the like
* fpecial inftance, &C. of the laid defendant, had before that tiine'
fold to the faid defendant a certain other crop of flieep-cabbagc of
the faid plamtiff, then i|rawing ahi being ii^'a eeriain other dofc
of him the faid plaintiff, and that the faid defendant hadf, according
to that fale, gathered, took, had, and reccivect th« (ame, he the
faid defendant undertook, &c. to pay him fo much, as, &c. ; anrf
the faid plaintiff avers that, &c* Add indebitatus aflumpfit an<f
quantum meruit for the agiftmcnt of cattle, and indebitatus af-
fumpfit and quantum meruit for the ufi; aiid occupation of tei^ acrev
ASSUMPSIT GENERAL-^iE^oit SEXTON's FEES, ice. iii
of land^ -fowfl with fbeep-cabbagC) and indebitatus afTumpfit and
quantum meruit for goods fold and delivered. [For thefe Counts
fee Morgan's Va. Me. Impey's Mod. PI. and Richardfon's
Praaice in Bi R. and Ci B.]
FOR that whereas the faid plainti#, oh, &c. and for a Ipne forthefitittA
time, to wit, for the fpace of three years then clapfed> was, and ''«wo fcr bft-
from thence hitherto hath been, and ftill is, fexton of the '^
f)ari(h of, &c. and aS fuch fexton of the (aid parifli during all the
ime afore&id wsis^ and ftill is, entitled to have, take, and receive
all and fiAgulat jltitfees due aqd of right payable to the fexton of
the faid parilh church on the burial and interment of thecorpfe of
every perfon from time to time during the time aforefaid buried
and interred in the faid parifli church of, &c. and in the church-
yard of the faid parUh, or in either of them 1 and whereas the faid
defendant, whilft he the faid plaintiff fo was fexton of the faid
pri(b aS aforef;iid, to wit, on, tlZi aforefaid, at the parifb afore-
fdid, was indebted to the faid plaintiff in the fum of forty (hillings
f6r his fees before then due and of right payable to him the faid
phintiiF, as fexton of the faid parili, oti the ourial and interment
of the corpfe of one A. B. before then, and during the time that
the faid plairiiifF Was fo fexton of the faid parifh, buried and interred
in the church-yard of the faid parifh | a&d bemg fo indebted, &c<
Indebitatus alTumpfit and quantum meruit for work and labour^
[See Morgan's Va. Me.j
fOR divers cattle before theft fold to the faid defendant, artd by l^or cattle fold b
tirtue of that &le delivered to one A. G. at the fpccial inftance defendant, and
and requeft of the faid defendant, and for divers other cattle, &c. d«i*^«red to fe-
before then fold, &c. to the faid defendant,'^ and by, virtue of that J^^'^'ifc^;
fde deliverec( id one t. C. at the like fpeciJ inftance, &c. of the ^^^-^ re^aeft
faid defendant, and for divers other, &c. &c. Quantum meruit
Accordingly ; for which fe(5Morg. &c. and beginnings and endings
under that head.
I^OR that whereas the faid defendant, on, &*c. at, Uc. as huft)and General indfli^
of a certsiin (hip called the Ranger, was indebted to the faij plain- tatw ajlumpjit a.
tiff in one hundred pounds of lawful, &c. for the work and Libour, 8**"*^ ^'^^ ^""
&c.ofthe faid plaintiff", by the faid plaintiff before that time done ^tl"if,^^^^^^'^
aod performed by himfclf and his fervants, in and about the repair- fame.
irigand fitting out the faid (hip, whereof the faid defendant fo was
hdfband, at the fpecial inftance, &c. of the faid defend mt, and on
his retainer, and for divers materials and other n'eceflary things ufed
and applied in and about that work and labour, before then found
tod provided by the faid plaintiff, at the like fpecial inftance, &c.
of the faid defendant ; and being fo indebted, &c. And whereas, S^ntum mt-iW
ill coniideratioa that the faid plaintiff, at the like fpeciati inftance^
&c.
rjd ASSU1V!PSIT GENERAL.— For SALVAGE OF SHIPS.
&c. of the faixl defendant, sis hufband of the (aid fbip, and on bis
retainer, had before that time done and performed other his work
zni labour by himfcif and his fervants, in and about the repairing
and fitting out of the faid (hip, whereof the faid defendant fo was
hufband, and had found and provided divers other materials and
■ neceflary things ufed and applied in and about that work and laboitr,
he the faid defendant undertook, &c. to pay him lb oiucb as, &c« ;
and the faid plaintiff^ avers that, &c.
For a i»aflbge FOR the carrying, tranfporting, and conveying cf the (aid de-
IKm Jamaica to fendant from parts beyond the feas, to wit, from Jamaica in the
i^^'^^^* Weft Indies to London, in a certain (hip or veJTel called the Wilkes
and Liberty, whereof the faid plaintiff was then and there the
mafter and commander, at the fpecial infhmce and requeft^ &cc. ;
merut. and being fo indebted, &c. And whereas, in confideration that
the faid plaintifFy at the like fpecial inftance and requeft of the (aid
defendant, had before that time carried, tranfported, and conveyed,
&c. &C. he the faid defendant undertook, &c* &c. to pay himfo
. much money as, &c. i and the faid plaintiff avers that, &c«
.Third and fourth counts, for meat, drink, lodging, &c.
Fifth and fixth counts, work and labour by himfelt and his fervantsu
Seventh and eighth counts, goods fold and delivered.
Ninth and tenth counts, money laid out ; account ftated $ and
common conclufion.
For tbefe Counts fee Marpui*s V.M. and beginnings and ehdiagi, &c of DecJart-
. tions, &c» in this work.
' hiditatmi «/- TOR that whereas, on eighth December, A. D. 1744, a certain
fim^ Agabft fhip, called the Lonfdale of Whitehaven, whereof one Richard
ti\t coilwflor of Bevan was then maCler, and then loaded with divers goods and
vtfw"wit*hMr* n^'^^chandizes, was forced on (horc and ftranded on the fea-coa(fc
Seijeant Boo* of this kingdom, at or near a certain place called End Foft, in the
tic s Opin.on« pariQi of St. Bees, within the jurlfdi£tion of the port of White*
haven, in the county of Cumberland s and the (aid defendant thoo
was, and flill is, the coUedor of his majefty's cuftoms in the port
of Whitehaven : and whereas the faid defendant, as collector of
^e cuftoms aforefaid, on the iirft May 1746^ at the ^ri(h of, &c
aforefaid, in the county aforefaid, was indebted to the faid plaintiff
in three hundred and thirty-fix pounds fix (hillings of right due and
payable by the (aid defendant, as colletStor of the cuftoms a(bre(aidy
to the faid plaintiff, tor the work and labour, care and diUgence,
of the faid plaintiff^ before that time done and performed by the
faid plaintiff in the (alvage of the (aid cargo wherewith the faid
. fhip, fo forced on fhore and ftranded as aforefaid, at the time of her
being fo forced on (hore and ftranded as aforefaid, was loadeiit
aad in the cuftody of the (aid defendant as eolle£tor of the cuftoois
ASStJMPSiT GENERAL.— For SALVAGE OF SHIPS. 191
as aforeiaid, and for money by the &id plaintiiF in that behalf paid,
laid out,' and expended ; which faid (urn of three hundred and Tkefam allotted
thirty-fix pounds fix (hillings was, after tiie falvage of the faid cargo, '"<^ adjodfed by
alktted and adjudged (a) by Richard Cook, Peter How. and John ^h« J«^«*«
Bean, efquires, then juftices of our lord the now king to keep his
znajefty's peace in the laid county of Cumberland, being neigh-
bouring juftices to the (aid place where the faid (hip was 10 forced
on (hore and (tranded as afore(aid, named by the (aid plaintiiFand
by the faid defendant in that behalf, as a reafonable reward to be
paid to the faid plaintiff by the faid defendant, as coiledor of the
cufloms aforefaid, for his fervice in that behalf, by force of and
according to the form and effed of the (latute in this cafe lately
made and provided. And whereas the faid defendant afterwards, to *^ ?"°^J ^
wit, on the firft of May 1746 aforeiaid, at the parifh aforefaid, as ^^ *"
Colle<£lorof the cuftoms afbre(aid, was indebted to the (aid plaintiff 12. Anne, ft. a»
in five hundred and fifty-nine pounds fix (hillings and ninepence c. x8. C a..
for other work and labour, care and diligence, of the faid plaintiff,
beibre then done and performed by him, at the inftancef and requeft
of the laid defendant, as coUeflor of the cufloms afbre&id, in and
about the (alvage of the cargo wherewith the faid (hip, fo forced
on (hore and ilranded as aforefaid, at the time of her being fo forced
OA jQiore and (Iranded as aforefaid, was laden, and for money by
the (aid plaintiff ("^ J, at the like fpecial inftance and requeft of the
(aid defendant, as coUofior of the cuftoms as afore(aid, in that be*
half expended, laid out, and paid ; and being fo indebted, &c.
And whereas afterwards, to wit, on the fame day and year laft f^jumm menat^
aforefaid, at the parifli aforefaid, in confideration that the faid
plaintiff, at the like fpecial inftance and requeft of the faid de-
fendant, as coUeAor of the cuftoi^s aforefaid, had before that time
donC} performed and beftowed other his work and labour, care and
diUgfnce, in and about the (alvage of the cargo wherewith the
faid Amis (i> forced on (hore and ftranded as aforefaid, was loaden,
he the &id defendant undertook, &c* to pay bim the faid plaintiff
fy much money as, &c. ; and the (aid plaintiff avers that, &c»
And whereas al(b the faid defendant, as cqliedtor of the cufton^ 3<^ Count, Mo«
afore(aid, afterwards, to wit, on the (ame day and year laft afore«> "^^ ^^T^^^
faid, at the parifh aforefaid, was indebted to the faid plaintiff in other ^^^ ' *
five hundred and eighty-nine pounds fix (hillings and ninepence,
for money by the faid plaintiff before that time laid out and ex«
p^nded, and paid for the faid defendant, and at his like fpecial
ioftaoce and requeft, in and about the falvage of the cargo where-
with the faid (hip„ fo forced on (bore and liranded as aforefaid, at
the lime of her being fo forced on (hore and ftranded as aforefaid,
was loaded, and alfo for money by the faid defendant before that
ti^ had auid received to the ufe of the faid plaintiff ; and being fo
.(«) Tbcjufticet in their adjudication the plaiociff in this cafe was the owner of
do not iay that the money ihali be paid the ihip and cargo $ and this makes the
by the ooOedor, nor dbet the aft iay any difficulty of the aAion .
foch tWas. Tho a& fiiyt, 4t Jutt be (>) Quaere, If plaintiff has at any
HM ^ the ovraers of the car;so. Now time claimed the cargo as owner >
indebted.
1
I9i
•• «
AsStJiMPSIT GfeNERAL.-^FoR PORTER's f EES, &c;
indebted, &c. (Counts for work and labour generally, and a
Count for money laid out, &c. Damages 500I.)
. Qu. If the owner d\6 not mike his
lelHini, biitoanie in as ifalrert if he could
hot recover die Cum iniuied }
The plaintiff Is the owner of the goods j
and if he made his claim to them, it is
h?» and not tlie coUedr»r, that Is liable to
pay the falvagc by the ad. And I con-
teive the meaning of tlK a£t is, it there is
any difpute between the owner and the
ofncer as a falver, th^n the jufliees to ad-
judee the quantum $ fo (hat this ad-
judication of the jtrftices feems not tti be
in purfuance of the »€k. As the plahitiff,
who is owner^ claimi the fahrage, if the
owner does liot m<ke His claim wUhia
twelve montlis, then public file 1% to be
made of the goods. This fale 1 appre-
hend the coliedor is t6 make, and to pay
all coAs of (alvage. Now it does not
af>pear to me whether the plaintiflf has
made his dalm ta the goods, or has en-
tirely waved i{, and the coUedor has pto-
ceeded to flde. I fhoald apprehend the
cdUedor is the ptrfon who is to pay. the
falvage within the meaning of the ad.
There are difficuhiet that occur to me ;
there wants a fbrtber explanation 0! the
fads i and I cannot but fay the plaintiff's
fucceis in this idion is very doubtful.
£p. BooTti*
ter
|nodl
4cin«
i^o^ /«!, eff. WHEREAS the faid plaintiff, on 'the fifft day of NoVetifibcr<
a*packti'spor- ^ £)^ 1780, and before, was, and continilally from thence hliherto
^ I ilT^^*^ ^^^"> *"^ **" »5> lawfully polTefled of and in the office or place
*df packer*$ porter or portage <*f aliens goods within the city of
London, and the liberties thereof, with all the duties, fees, profits,
perqutUtes, and advantages thereunto due and of right belonging
and appertaining ; and by reafon thereof, he the faid plaintiff, dur-
ing all the time aforefaid, was lawfully entitled to hare^ and of right
ought to have had, the landing of all goods belonging to any alien
or aliens, imported from any place or places in foreign parts beyond
the fcasinto the port of London, in any (hipor veflel whatfoever, and
. to have and receive of and from the importer thereof, for the landing
of fuch goods, certain fees,duties, profits, and advantages due and of
right accuftomed and belonging to the (aid office (A) i thsit is to
fay, the fum offourpencefor every bale of fuch goods fo landed, to
wit, at London aforefaid, in the pari(h of, he ; and the (aid
plaintiff fo being pofletTed of and in the faid place or office in form
aforefaid, he the faid defendant, during the time aforefaid, to wit|
on, &c. imported from abroad in foreign parts beyond the feas, to
wit, from L'Orient, into the port of London, certain goods, to
wit, (the quantity) belonging to a certain alien or certain ulitns
to the (aid pluitui/F unknown, in a certain (hip or veflel called ^e
Patty, to wit, at London aforefaid ; and the faid plaintiff then and
there, in his faid place or office of packer's porter or portage of
aliens goods within the city of London and liberties, had the
landing of the faid goods for the faid defendant ^ and accordingly!
by himfelf and his deputies and fervants^as fuch officers, landed
the faid goods for the (aid defendant, whereby the (aid defendant
then and there became liable to pay, and ought to have paid, to tb%
fiid plaintiff, the fum of one hundred pounds, being at and after the
rate of fourpence for every bale of the faid goods fo imported by
the ikid defendant as afore£ud, and b landed by the bid defendant
ASSUMPSIT general—For fees. i^
M iforefiud ; whereof the (aid defendant then and there had notkr^
md being fo indebted, fee. (Second Count as the firft to the let-
ter A. then proceed as foUofirs) : And whereas the faid defendant,
on the day and year fa ft aforef^d; at, &c, was indebted to the faid
piaintiff, as fuch officer as aforeiaid^ in the further fum of forty
pounds, of Jawful, &c. for his fees due and of right belonging and.
payable from the faid defendant, for his landing of certain goods^
to wit, cloth belonging to a certain alien or certain aliens to the
faidpl^mifF unknown, by the iaid dcfcndant4)efore then imported
from abroad and beyond the feas, to wit, from L^Orient into tho
port of London, in a certain (hip or veiTol, and there landed by tho
iaid plaintifF in his faid place or office for the faid defendant i
and being fo indebted, &c« [See beginnings and endings of Dev
claracioDS poftea.]
FOR certain fees and fums of money before that time due and fot/mt at derk
owing, and o£ right payable from the faid defendant to the faid of the crown •£
plaintiff, as (a) clerk of the crown in the county palatine of Lan- ^^^ counry-pa-
cafter, for entering and recording divers proceedings in feveral '^""^ ^^ ^'
fuits and profecucions heretofore depending againft the faid defend, dcfendanttwere
ant, on divers informations exhibited againft the faid defendant) difcharged oa
at die general feffions of affizes held in the faid county of Lancaf^- ndUfnfifid.
ter, for certain offences therein alledged to have been committed
by the faid defendant, and' whjch proceedings were entered and re-
corded bv the faid plaintiiF, in his faid office of clerk of the crown
in the aforefaid county- palatine of Laiurafter, at the inftance and
requeft of the iaid defendant^ and being fo indebted, &c. And ShaMmmmnt^
whereaS) in confideration that the faid piainttif had before that
time, in his aforefaid ofSce of clerk of the crown, at the fpecial
inftance aqd requeft of the faid defendant, entered and recorded
divers proceedings in fcvcnal other profecutions heretofore de-
pending againft the faid defendant, at the general feffions an3
aflTizes held in the faid county palatine of Lancafter, for certain
oflFences therein alledged to have been committed by the laid de-
fendant^ he the faid defendant 4mdertook, &c. to pay him fo much^
^c. i and the faid plaintiff avers th^t, &c. [See beginnings and
endings poftea. 1
' (a) The nccrflTary proofs ibr the plain* ant for thfe nolle profeqni^ WHT*^^) I
tiffii arcy Jf>y the patent by which he 4th, the uiage of receiving the leeain
holdi his office ; »d» the records of ««//« <|aeftionf
y^fV^l 3d, the applica^o of deleiKl-
FOR money by the iaid plaintiff before that time laid out, ex- For/<n» ^r, u.
pendedy and paid for the fa|d defendant as the pro£lor of the faid a proctor, for
defendant, and upon his retainert in profecuting an appeal from a prof^u^ing «%
ientence pronounced by the arches coutt of the court of Canter- fP?*** *® ^?
bury, to thahigh court of delegates, to wit, at London ^orefaid, de^uiT* ^
.jn the pariih and ward aforefaid, and for his fees, labour, care, an4
Vol* If O $Utendance$
m ASSUMPSIT IS^^ER AL.— For FEES .
attendances in profecuting the fame, and dfo for the work an4
labour, care apd diligence of the iajd plaintiff before that time
done, performed, and beftowed in and about qcher the bufinefis q(
the faid defendant, and for the faid defendant, and at hjs fpecial in*
^oKitm mermi. ftance and requeft ; and being fo indebted, &c. And whereas, ii|
consideration that the faid pUintifF, at the lilce fpecial inftance,&c«
of the faid defendant, and upon his retainer, had before that time
laid Out and expended divers other fums of money, inafid about tEe
profecuting of a certain other appeal from a fentencie pronounced
by the arches court of the faid court of Canterbury to the faid high
cpurt of delegates, and had alfo, at the like fpecial inftance apd
requeft of theuid defendant, done» performed, and bi'ftowed other
his work and labour, care an^ diligence, as fuchprodtor of the£iid
defendant^inandaboutotherthebufmefs of the fai^ defendant, and fos
the faid defendant, he the faid defendant undertook and faithfuUv
f^romifed the faid plaintiff to pay him all fuch money as he had to
aid out and exp^nded^ and alfo fo much money as he for his feeS}
labour, care, and diligence in the faid ftveral laft-ntentioqed partir
culars therefore reafonably deferved to have, when he the faid
defendant (hould be thereto afterwards requefted : and the faid
plaintiff avers, that he fo bid out and rypended, on the fevcn|
pccafions laft aforefaid, a Urge fum of money, to wit, the fum ojf
iforty pounds of lawful, &c. and that he reafonably deferved to hav^
pf the faid defendant the further fum of twenty pounds of like lawr
ful monev, for his fees, labour, care, and diligence in the (aid
feverai laft mentioned particulars,. to wit^ at, {^c* afore(kid. [Se(
beginnings and ei^dingS) ^c. pofte^.
«
^^ "^"L.** * ^^^ caufmg caveats to be entered in the prcroeajiye pourt of
lerinircSeatt!!' Canterbury, the confiftory pourt of Bath and Wells, withiii thi^
f - kingdom, to letters of adminiftratiqp to b: granted of the goods^
rights, and credits of J. Vf, his then deceafcd father, by the order
^nd Tit the fpecial inftance and requeft of the faid defendant, and
for feverai lums of money laid out and es^pendcd by him the laid
plaintiff, at the like fpepial inflance, &c. of the faid defendant be-
fore that tinie^ ^nd alfo for ap(>lying bifore that time to prevent
let ers of admiiiiftration cf the goods, rights, and credits of tb'e
faid T. W. to be granted to the then widow and rclift of him the
|a|d J. W. without him the (aid defendant being joiqed witii her a^
adminiftr^tor of the faid goods, rights, and credits, in and by any
letters of adminiftration to be then granted tnereof } and for divert
fums of money at the like fpecial inftance, Sec. of the fiiid
defendant, before that time laidoiit, expended, and paid for thefidd
defepdant by the faid plaimifF, and alfo for divers journies and
auendances of the faid plaintiff for and upon the iaid defendant,
and at his like fpecial inftance, he. by the faid plaintiff before that
tln.e done and performed ; and being fo indebted, &c. ^vA
whereas, in conuderation that the faidplaintift^ at the lilce fpecial
inftance, &c. of the faid defendant, had before that time ezaki
'other
V
ASSnMPSIT.-4^aalNB0RANCi;PJlEM|UMf, AGENCY. ^
ftfher caveats to be entered in the prerogative court of Caatar-,-
burjT) and the confiftory court of Bath and Wells, to letters of'
adminiilration to be eranted of the goods« rights, and credits of
Ae faid J. W. and had done And performed other Jou mi es, atrend<«
aflceSj care, work> and labour for the faid defendant, and at his .
like fpecial inftance, &c. and had alfo hid out and expended for the
faid defendant, and at his reqtieft, divers other funis of money,
and had applied to prevent the- faid iaft mentioned letters of admi-
niftration to be granted of the goods, rights, and credits of the
Hi J. W, to the then widow and reliA of the faid J, W. without ^
him the iaid defendantbeing joiited with her as adminiftrator of the '
iame goods, rights, and credits, by any letters of adminiftratioa
then to be granted, he the faid defendant undertook, &c. to pay
bim not only as much money as he the faid plaintiff, for and about
the faid caveats, attendances, journies^icare, work, and labour,
scafiinably de&rved to have, but alfo as much money as the faid
plaintiff', in and about the iame caveats, iournies, attendances,
care, work, and labour, had expended and faid out, when he the
£ud defendant (hould be thereto afterwards requeued : and the faid
plaintiff in fzSt faith, that f>r and about the faid caveats, journies,
attendances, care, work, and labour, he reafonably deferved to hav«
the fur^cr fum of ten pounds of lawful, &c. ^o vyrit, at, Q^c^
afixreiaid; and that in and about the caveats, journie$« attendances,
and work and hbour laft mentioned, he the laid plaintiff paid, laid
out, and expended, the further fum of ten pounds of like law&il,
&c. to wit, at, &c. 9forefaid ^ of ;^1| whjch fa|(j premifes the mi ' - ' *-
ddTendant then a|id tl}ere bad notic;.
FOR certain premiums of infgrancie before that fime and then Por iiifui«iM«
due and payable from the faidfiefendant to the faid plaintiff, for and promimns,
in refped of his having, at the fpecial inftance and requeft of the
faid defendant, before th;it time in due manner infured certain fums
of money for the faid defei^dant, upop divers goods, wares, and
merchandises of the faid dcfci^dant, before then laden and put on
boftfd 0f certain (hips and veflels $ and being fo indebted, S(C,
Affumpfif accordingly. [See beginnings, &c* poil.]
AND whereas the faid defendant afterwards, to wit, on the a ^ount la
fame day and year aforefi|id, at Weftminfter aforefaid, in the a dedvatien
county aforefaid, was indebted to the faid plaint ffs in (ctber) one ^ commiffion
hiindfcd pounds of (i^i lawful money, for cfruiii commi/Tion and ^ «»<S<>^»^
reward then and there due and payable from the faid defendant to Jj^^J ^
the faid plajntiffs, for an^ <^ ^^ negociatipn of divers large fums lb
of mooey befiMre that time effeded, negotiated, and completed by i
the f/ad ^afotilB, (^ the agenu of the laid defendants in that par-
dcelart and after their fervices 'm and about the bufmefs of the faid
defendant, and for the iaid dc^ndant, and at his like fpecial in;
ilyi^ and rc^uefts and being fo indebted, |;i( (h^ laid defendant.
^fi ASSUMPSIT. — )ir and agai^^st PARTicxrtAR I^£rson9«-
io'confideratidn thereof, afterwards, to wit, on the day and year
aforefaid, at Wcftminftef aforcfaid, in the county afDrcfaid, un-
dertook, and then and there faithfully promifed the faid plaintifls^
to pay them the faid lajf^mentioned fum of money, when be the faid
defendant fliould be thereto afterwards requefted, [Seo^bcgin-
nings and endings of Declarations.]
' tf only one Coontj^ oimt the words in Italic in thi« and the neacc QNint:
Count in huifhi^ AND wbereas the faid defendant was indebted to the faid plam*
intmlKjo.'" ^^^ *" ^'*''' ^^" P^°"^^ ^^ ^"^' •*'*''**'» *^^- ^^^ '*^*^* intcrcft at
ncv lent. ^^^ ^^^ ^^ ^^^ pounds per cent per annum, befofe that time duCi
owing and payable by the faid defendant to the (aid plaintiff upon
certain Turns of nu>ney by the faid plaintiff before that time lent
and advanced to and for ti^e^^faid defendant, and at his fpecial in«
Aance, &c« and upon certain other fums of money before that time
had and received by the. faid defendant to the ufe of the h^d p)aia*
tiff; and being fo indebted, &c. *
Some doubts have been entertained of Counts, it is proper to riik it. V. LAWXt,
*the gocdnefi of the Count, bat a« I can*
noc fee much weight in the objedions to Mr. Jaflice' Buller» in decl^n; a cdb
Us and as it nay be a qoeftion whether hi the coutt of King's Bench in Hitey
^he fubje^ nutter of it ntay be given in Term, iuid t|ut this Count ooiild noi ^
evidence under any o£ the common maintained.
jnJghitaw sj' , LONDON, /f. William Sandys, late of London^ tea-mer«
fumffa in c. B, chant, and Peter Berry, late of Weft Smithfield, in the county of
for a parcel of Middlefex, grocer, were attached to anfwer to William Hoppes
j^'aroc of a ^^ * plea of trefpafs on the cafe ; and thereupon the faid William
4ifeount vpon Hoppes, by Matthew Jlobinfon his attorney, declares, thatwhere-r
prompt pay. as the faid William Sandys and Peter Berry, on the twenty-third
^otpt. day of June 174I) at London, to wic, at the pari(h of St. Mary
le Bow, in the ward of Cheap, were indebted to the faid WiU
liam Hoppes in one thoufand and forty-fix pounds teq
(hillings and nine pence of lawful money of Great Britain, for
T fold 11^^^ thoufand nine htindrcd and ninety pounds weight and one
c"nt. * ^ quarter of a gcund weight of tea before that time fold by the iai4
^ ^ ■ ' AVilliam Hoppes to the faid William Sandys and Peter Berry, at
their fpecial inftance and requed; and being fo indebted for the
ri iatne^ they the faid William Sandys and Peter B, in confideratioo
« thereof, after wardst, to wit, on the day and year aforefaid» at Lon«
doi3,&c. undertook, and then and there faithfully promifcij the Aid
Wiiiam HoppeS) to pay him the faid one thousand and
forty-fix pounds ten finllings and nine«pence, when they flu>uldbe
111 Count for ^^^'^^^ required. And whereas alfo the faid W. H. afterwardS|
cue difcount to wit, on the fame day and year, at ]<ondon, &c. had, at die
fpecial indance and requefi of the fsnd W. S. and P. R. fold to cbe
iaid W. S. and P. B. four lots of gther t<fa,x:bntaining in the whole
two ibouianaand ninety pounds weight aiid one quarter of a pound
weigfai
ASSUMPSIT.— Br a?jo aoaimst Particular PsRsawf, 197^
wtight of tea, at the rate of /even (billings foF every pounj}- weight
of tea, and (o in proportioa the fame for the lefler quant?ty, a-
n^ounting in the whole to the fum of one thoufand and forty-fix
pounds eleven fhillings and nme pence of lawful money, to be
paid to the faid W. H. by the faid W. S. and P. B. of which one •
fliilling, part thereof, was then and there in hand paid to th^ fa!d
W, H. he the faid W. H. then and there agreeing to allow to the
fcid W. S. and P. B. a difcount of fix pounds ten fhillings by the
hundred pounds out of the faid fum for prompt payment, amount-
iiig in the whole to fixty-eight pounds and two pence, if the faid
W. S. and P. B. fiiould pay the faid W, H. nine hun-
dredand feventy-eight pounds ten (hillings and feven pence of like
lawful money, before the twenty-third day. of March then next
cnfuing : the faid W. S, and P, B. in confideration thereof, af-
terward^ to wit, on the faid twenty-third day of January in the
jcar sforefaid, at London, &c. undertook, and then and there
feithfully promifed the faid W. H. to pay him the faid nine hun-
()red and feventy-eight pounds ten (hillings and feven pence of like
nwM money before the twenty-third day of March then next en-
fuine ; and in cafe that they the faid William Sandys and P« B.
ftould not pay the faid William Hoppes the faid nine hun-
dred and leventy-eight pounds ten (hillings and nine pence before
the (aid twenty-third day of March then next enfuing, that thert
they the faid William S. and P. B. would, after the faid'twenty-
third day of March, pay to the faid William H. the faid one
Aouland and forty-fix pounds ten (hillings and nine pence of like
hwftil money, refidue of the faid one thoufand and forty-fi3C
pounds'eleven (hillings and nine pence^ when they Ihould be there-*
to required. And whereas atfo the faid W. S. and P. B. after- Account ftated.
wanis, to wit, the day and year aforefaid, at London, &c. account-
ed with the (aid W. H. of and concerning divers fums of mo-
ney before that time due and owing by the faid W. S. and P. B.
and then in arrear to the faid W. H. and on that account the faid
W. S. and P. B. were then found in arrear to the faid W, H. in
the other fum of one thoufand and forty-fix pounds ten (hillings
and nine pence of like lawful money ; and being fo in arrear, the
(aid W'. S. and P. B. in confideration thereof, afterwards, to wit, on
the day and year aforefaid, at London, &c. undertook, and then
and there faithfully promifed the faid W. H. to pay him the faid
lift mentioned one thoufand and forty-fix pouads ten (billings and
nine pence, when they fhould thereto be required : yet, &c. [Sec Bw*ch.
conclafions to Declarations poft. J
J. B. coofiplatns of J. A* for that whereas one A. A. in her life- Dcdyiattto tb
time, now d«:eafed, befbre and on the feventeenth day of Septeni. Wf*»>^ ^f-
bcr, A. D; 1783, at Weftminfter, in the county of Middlefex, was ^^^^ ^l
feifed in bis demefne as of ite of ami in the feveral me(ruages or nvity chained
tenements, (arms, lands, and premifes hereinafter mentioned ; and hy wiu upon
bcifTff fa thireof. feifed, fhe the faid A, A. in her life-time, to wh, teft«or^ £««•
^3 on, ^.^J^^
I9JF ASSUMPSIT.— BV ANb AOAIIIST PaHTICULAR PZKSOKi.
on, &c« at| &c. duly made and publilhedher laft will and teftaoicDiii
and thereby (aniongft other things) then and there save and be-
2ueathed all thofe leveral mefluageSf tenements^ ancmrms, called
irkk-houfe farm and Eaft-field ^arm^ with the ieveral lands*
««
tioiis cf J. B* and R, A. together with the tithc-corn and other
tithes growing or ariiing upon or without the' two iaid feveral
farms^ or atty modus for the fame, and all other the realeftates, of
whatfoever nature or tenure foe ver the fame might be, lying or be-
ing in the feveral counties of York, Durham^ or either of them,
unco and to the ufe of the faid James and his aiBgns, for and dur*
Ing the term of his natural life, without impeachment of wafte^
and the {aid A. A. in her life-time then and there gave uuto the £ud
Johh one annuity or yearly fum of fifty pounds, tor and during the
term of his natural life ; which faid annuity the faid A« A. in her
lifc«time thereby then and there willed and directed fliould be paid
bv half-yearly payments, that is to fay, on the twenty-^ninth day
ot September and the twentv-iifth day of March, and direded the
firft payment thereof to besm and be made at fuch of the faid two
feveral days as (hould firft happen next after her deceafe, and
to be paid out of the rents and profits of the faid freehold mef«
fuaecs, lands, iarmS| and tenements lying and being at S. afore*
faid: and the faid Jdin in fadl faith, that the laid Ann A. being b
feifed of the faid (everal mefluages or tenements, farms, lands, and
premifesi afterwards, on the fourteenth day of (lovembery A. D.
1785, at Weftminfter aforclaid, in the county afore(aid^ died fo
feifed thereof, without revoking or altering her laid will ; after
whofe death, to wit, en, 5cc. the iaid James entered into and upon
all and fingular the faid mefluages or tenements, farms, lands, and
premilcs, aitd became and was, and from thence hitherto hatlibeen,
and ftill is, thereof feifed for the term of his natural Hie, to wit, at,
&c,afore&id : and the (aid John in fa£t further faith, that aiftef
tht death of the faid Ann A, to wit, on the twelfth day of May^
A. D. 1789* at, ice, aforefaid, a large fum of money, to wit, Uie
fum of one hundred and twenty-five pounds of lawnil, &c. of the
faid annuity or yearly fum of fifty pounds for two years and one
half of another year then elapfed, became and was due and pay-
able from the faid James to the faid John, whereof the faid James
then and there had notice; and by means of the feveral premifei
afbreiaid, he the faid James theft and there became liable to pay
to the (aid John the laid fum of one hundred and twenty-five
pounds, when he the faid James (hould be thereto afterwards re-
quefted. And wliereas the faid James afterwards, to wit, on the
lecond day of November, A. D. 1785 aforefaid, at, &c. afore£ud,
was indebted unto the faid John in. the fum of one hundred and
fifty pounds of lawful, &c. tor money by the faid James before
that time had and received to |he ule of the (aid John i and beiix
>^
•>
AsSUKiPSITi— Bt AND AGAi!ist Particulah Persons. 159
lb indebted) frb. (add comiiioa conclufions.) [See beginnings
and concittfions to Dechrltion^ poflO to the damage of the faid
John of one hundred and fiftv pounds ; and thereupon he brings his
flitt, &c. Pledgeis, &c. See a. Salk. 415. 3. Salk. 227. 415.
I. Sid. 46. Ld, Raym. 934. 6. Mod. 25) a6.
PALACE COURT, to wit. Thomas Blundell, by Edward oedaratoi in
Lawes his attorney, complains againft Robert King^ Robert Au- iiMttMu mf*
hcrry, William Wintlett, and William Wood, in a plea of txtf- fimfft ia the
paft on the cafe, Jtc. for that whereas the faid defendants hereto- m^i^^^^*
fore, to wit, on the firft day of November, in the year of Our ^^'J^^J^J'J^
Lord 1791* at South warkv in the county of Surrey, and within the chived by a
jurifdiaion of this courts were indebted to the faid Thomas in member of aa
twenty pounds of lawful money of Great Britain^ for money by the "°*^^^^^
faid defendants before that time there had and received to and for "^ . 2[^"**"*
the ufe of the (aid plaintiff; and being fo indebted, they the faid ^^^1^, |^ hit
defendantf) in conuderation chereofi» afterwards, to wit, on the day aUov^Mwe as .
and year afore£ud, at South wack aforeiaid, in the county and ju« fick membw)
rtfilidion aforefatd* undertook, and then and there fiiithfuUy pro* ^^ ^TShT^
mifed the faid plaintiff, to pay him the iaid fum of money, when ^J^^JJJI
Ibey the laid defendants (hould be thereto afterwards requeued ; parted.
yet the faid defendants, not regarding their £ud promife and un*
dertaking fo by them made as aforelaid, but conuiving and fraa«*
dulently intending craftily and fubtilly to deceive and defraud the
faid plaintiff in this behalf^ have not, nor have any of them as yet
4iaid die /aid fum of money, or any part thereof, to the faid p]ain«*
tiff, (althougli fo to do the laid defendants were requefted by the
iktd plaintiff afterwards, to wit, on the day and year aforefaid, and ...
•offieo afterwards, to wit, at S. aforeiaid, in the county and juri&
^di£ti6n aforeiaid,} but they fo to do have refpedively hitherto
-wboUy refufed, and ftill do refufe, to the damage of the laid plain*
tiff of ninety-nine Ihiiltngs ( and therefore he brings his fuic^ &c« :
and the laid Thomas avers, that neither he nor the faid defendants
were, nor was any or either of them,, at the time of the levying
of the plaint of the faid plaintiff here in court, npr are they, nor
is cither or any of them, now oS the king's houfehold. ^ledgeS^
X ThUik rhere is a dear objection to dlftbii.u». In a fimUar cafe «9 Ihc ftt*
tfab adioa. If the defcndaots ihouki take f«iit, an adloo lof v^ogntf had aod rt*
it af the trial $ and that i<, that all the ccived was at iffue btlbre Lord Mana*
Riembcrs of the fociccy are made partneri field, and he refufed to try it for the fame
bf the articles, by which each is imiivU realbn ) and added, that the Courtwouid
dniy entitled to the wh^le fimd^ not an not make ttfelf vifitcr»genenl to d( thr
Iharesy but in entireties} of cowTey ii» dohs in the kinfdoov Perhaps il» tte
one can maiotain an a^ion a|aioft aoo- marihalfra the objsdion may tiot be t4*
iWr for anf leparate |iait of focb fund, ken \ 1 have therefore declared for raoocy
In tbe cafe of HoOiday agalnfl Camwrll had and received, under wlricl^ft^ of
«id Whitet t. T. Kepi* €%%. wbcretro* aakai the right, nay bt tried* eithef lb
vir was bfooiht againft otke of the do. looover plaintiff's allowance ui^ks'Ao
fcad«tif» a member of tbe dob, wbo aeticlnf or at Ic&H His fafaiciiption back
bad fot pollkffioo of the chsb^boXy and agaia on his beingOruck cfil
deiintfd it to the otKeri not a member, T190. B^aaow.
the plaiiatiff waa aoa-iolttd upon thla
O 4 LAN-
TOOr. ASSUMPSIT.— Bv ^^*D against Particular PtKSbHA
Declaration In ' LANCASHIRE, f That whereas rhe faid Thomas, oh the
county court of firft day of Ofiobcr, in the year of Our Lord 1774, at P. in the
Liiocaftcri in faid County, and within the jurifdiflion, &c« was indebted
hdebitatut «/- to tbc faid John in thirty-nine ihiUings of lawful money of
{r^iinuff *s ^^^^^ Britain, for the ufe of a certain bull of the.feid J. then be-
bul^ in bulling f^^e that time had and ufcd by the faid Thomas, by the permiffiom
defen«iMfc's of the laid John, at the fpecial inftance and requeft of the fitid
cMTs, Thomas, in the covering and bulling of certain cows of the frid
Thomas ; and being fo indebted, the (aid Thomas, in confideration
thereof, afterwards, to wit,&c. (common Aflumpfit.) And where-
^amm mtrtdt. as alfo the faid Thomas afterwards, to wit, on ttie &me day and
.year laft mentioned, at P. afore&id, and within, kc. in confide*
ration that the faid J. at the fpecial inftance and requefl of the
faid Thomas, had before rtiat time permitted the faid Thomas to
life a certain other bull of the faid J^ in covering and bulling cer-
tain other cows of the faid T. and by the permiffion of tbe faud J.
the faid bull of the faid j* had then before that time covered and
bulled the faid cows of the iaid Thomas, he the faid Thomas un-
dertook, and then and there faithfully promifed,.to pay the faid J.
fo much money as he reafonably deferved -to have for the lame,
when he Qiould be thereto amrwards requefted } and tbe fiud
J. in fa£t faith, that he rcafonably deferved to have for the fane
. ether tfairty-nine {hillings of like lawful money, to wit, at Pref-
ton aforefaid, and within, &c. whereof the &id T. then and there
:had notice; neverthelefs, &c. [See beginnings and conclufions
Co Declarations.] J« Wallace.
Dedaration m LANCASHIRE, to wit. Robert Tate complains of Mat-
amimpflugainft thew Crompton and Nancy, otherwife Anne» his wife, executrix
baron and feme of the laft wiU and teftamentof William M'Keanddeceafedy be>*
lued at eseeeuttr ij^g^ &c. for that whereas the faid William M^Keand liereCofoic,
whew U^'fcme '" **^* life-time; to wit, on, &c. at, &c. was indebted, &c. (fcr
being widow'ol^o^^ *^ ^^^ delivered, and common money Counts#)
the inteftate, it Mdy liable ai eaecutiix de fon tttt.
Flea. ^ And the faid Matthew and Nancy, otherwife Anne, by Jcrfq^
Allen their attorney, come and defend the wrong and injury wheib
&c. and fay, that the faid Robert ought not to have or maintain bis
4ifore&id ai£liotn thereof againft them ; Ijgpaufe they fay, that they are
not, nor ever were, executor and executrix of the laft will and
teftament of the faid William deceafed, nor ever adminiftered any
goods or chattels which were of the faid William at the time of
his deatH, as executor and execut^x of tbe laft. will and teftament
of the faid William deoeaicd ^.and this they are ready to verify;
wherefore they pray judgmcrttif the faid Robert ought to have fo
maintained his aforefald aiflion thereof againfl: tliem, &c. And for
'further plea, &c. (ad pka./>/f/;^ adminifirMviu) . . Gso. Wool?*
Rrplication ^ And the faid Roberjt, as tathp&idplea e^die^d Matthew and
Nancy by them firft above'pleadecf in bar,' J2y^,[ that he the bid
Robert oii^ht not, by reafon of any tjhiiijj }n that jplea alleged, to
^ ^i)ap'red from baring and main^'aljQlng'hLS ah>refaid action thereof
againft
AS6t7Ml^It^.-^Bt A«lO A6iUi78t PAft9I€UiAa l^^ftMlfS^
agyt
J^aft the faid N^attbow and Nancy, becaufehe %t that th^-faid.
aocyt at the time of the f xhibiting of the bill of the faid Robert,
vaSt and from ihence hitherto hath been, and ftill is, executrix
of the laft will and telbiment of the faid William deceaied, and
tiath adminiftered divers goods and chattels which were of the fdid
William at the time of his death, as executri?^ of the laft will and
tcftament of the laid William, to wit, at P. aforefaid, in the
eounty aforelaid i and this the iaid Robert prays may be inquired
of by the.CouQtry. Axid the faid Robert, as to the faid plea of the pnylng jud^*
diid Matthew and N* l>y them laftly above pleaded in bar, fays, that ment of ailHi
ina£mich. as. he the faid Robert cannot deny the foveral matters «»fif»rp.
therciQ contained, but admits the fame to be true, and inafmucji
as the {aid M. and N. .have/m.and by their faid plea admitted the . *•
ifud fever^I promifes of the faid William M^Keand in the faid de-
claration {pienxioned> he the faid Robert prays judgment, and his
damagps by him fuftained by reafon of the non-performance of the
iaid feveral promifes and undertakings in the faid declaration men-
tioned,, to be adjudged to bun of the goods and chattels of the faid
William deceafed at the time of his death, and which fhali bere«
liter ^oine to the bands of the faid N. to be adminiftered*
Tho. B arrow.
I te»« fipUed to the ddcndanu* pleas
jK de^red, b(|^ 1 inuil own I cannot
bdp CTiCertalnihg (erious doubts of the
BhhitHF*s cafe in its prefent form.
* It <lacs not appear to me to have been
Vdl ^toOdcrsd whcD tbc fiiit wa« inftU
tnudp wl^ther the defendant Matthew
C. ml^t lioc have been fued alone with-
Mt bis'wifey as executor de ion tort. I
have dMred to fee the inflruaions for
If but thty do doc Aate with
precifion whether the bufifond^
tfier wuorrjittg M'Keand^ the inteflate's
widowy intermeddled with his aiTets and
paid debts, or whether foch uitermed-
€Sa%vniibybkwDiJiditniiiba'wdnobood,
if evidroce can be Oumn of the buf-
NkI's iotcrmeddlingy I thi nk he ought to
lM¥s))ew filed alone ; and if his ^lie only
iotermeddled before (he mairted, it ieema
to roe, that though fuch intesmeddling
might be a fufiicient reafon for charging
her in an a^iooy yet this adioo is iin<>
properly conceived, in theformer cafe,
the haiband ought to be fued alone with*
out the wife ; in the latteri iftht liu£*
band muil be fued for conformity, be
ought not to be named executor.
Under thefe circumilancesy I Mviit
to afcertain the real fads of the cafop
and as they appear to be, try the effeA
of a fununons before a judge to amend
the declaration if it can be done, other*
wtfo the plaintiff mufl begin de «•«•.
TaovAs fiAtiowb
I. Ron. Abr. 660. 665. 1. 37. Com.
D!g. Baron and Feme (^
AND whereas afterwards, to wit, on the day of in the Declaration ia
jfcar 1 774, at Maidftone in the county of K. in confideration that the indebUaua «/.
iaid Michael, at the fpecial inflance 9pA cequeft of the &id He|iry, >^^_8^^>
Ind lent and delivered to the faid Henry a certain cock of bim the ff??^*^**
&id Michael, tp be kept and ufed by the ^d H^pty, for To long a *^^ **''*• .
time as he the fitid Michael ihould please, he the faid Henry un- , [
dert9ok» and then and there faithfully promifed thp/a^d AJicJ^aelt '^> •
.X0 deliver the (aid laft mentioned cock back again lo hxfif the'faid^ - * ^
Jdichael, whenever he the faid Henry ibould be thereuoxq requeil*
fd| and the iatd. Michael avers, that be afterwards^ to wi^ on . <
* die
m ASst^f Sft dfeNtRAt-ATTOKKlf S r<fe Ft^S.ae
the firft day of January, in the year ofOar Lord 1776; didrequeff-
the faid Henry to deliver the (aid cock back again to hkh the £iiift-
Micbae), according to his faid pfoflhife, to wit, at Maidffone afore*
faid, in the county aforeCiM ; yet the faid Henry, not regarding hit
(aid promiie and undertaking (6 niade asafore&i^ but cont^vine and
fraudulently intending C'raftilv and fubtilly to deceive attd den-aud
the faid Michael in this behalf^ did not, when he was fo thireanto re-
quefted as aforefaid, deliver back to the faid Mtcbasel the faid
cock fo lent and delivered as aforefaid ; btft to do tht^ he the fpd
Henry then and ther^, and a^lways hitherto hath, whoHy refufed,
Seiobd Count, and uill refufes. And whercs atfo, the £tid Henry ^erwards,
«cher |ame ^^ ^\^^ ^^^ ^^^^ fy^^^ j^y ^^^ y^^ ],(( aforefaid, at M. aforefaid, tn
' . the county aforefaid, was indebted to the laid Michael in the fuoi
of ten pounds, for the ufe and Mrt of certan game cocks of him
the faia Michael, before that time let to hire by the fiud Michael
to the faidT Henry, at bis fpccial tnftance and re^ueft, and by thef
{aid Heiiry accordingly ke{it and ufed for a long fpslce of time, tcf
v/ltj for the fpace of two T^holc y^ars then elapfed; and bebg (0
indebted, he the faid Henry, in conftderation thereof, sft^irwafds,
to wit, bn the day vind ye^ lad aforefaid^ at M. atbrrfkid, in tM,
county aforefaid, undertook, and then and there faithfully promif-
ed the (aid Michael to pay him the faid laft mentioned fiun of
money, when he the faid Henry (hould be thereunto reqotfted.
srairfr. And whereas afterwards, to wit, on the fame dav and year hM
aforefaid, at M. aforeikid, in the county aforeiaio, in coniidchi«
tion that the faid Michael had before that time, at the like fpeciat
fnilanccand requeft of the faid Henry, let to hire to the ftid Htnrj
divers other game cocks of the faid' Michael, and the £lid Hefiryi
according to that letting, had kept and ufed the faid laft mention-
ed g&nic cocks for a long time, to wit, for the fpace of other two
whole years then elapfed he the faid H. undertook, and then and
there faithfully promifed the faid M» to pay him 1<> much monc^
as he therefore reafonably defvTvcd to have, when he the faid H.
fhould be thereunto requefted : and the faid Michael avers that he
dierefore reafonably deferved to have other ten pounds of like
lawful money, to wit, at Maidflone aforefaid, in the county afore*
faid, when he the faid Henry afterwards, to Vit, on the fame day
and year laft aforefaid, there had notice. (Counts/or money laid
out and expended, lent and advanced^ had and received ; com-
mon conclufion.) Geo. Wood.
ig^, CUMBERLAND, ^ John Kin^ gentleman, one of the at>»
#^11^ tornies of the court ot the lord the kihg, before the king bimfclf^
kyaaattemc/ accohfiAjj to the liberties and privit^ges of the iiime court, u<ed
H«Wl* ^J- and approved of in ^he fame frorfi timtf whereof the memory of
j!]JJ iV2^ man U not to the contrary, prefcnt*h6reiA court tnhia proper
MncTaoBcin perfon, complains again ft John Swafbrii^i in, the euftody of ttie
B. R.Mucar- fheriffof the faFd county of CumbeVlahd',*'by' Virtue of his manef-
tie^oo. tv's writ of attachment of privilege ifluipg, out of the court of the
• fiud
ASSUMPSIT GENE*At.-AttORNIES, &i «tf4
Cud lord the king, before the' king himfelf at Weftminfter,aigaini(
die find John Swafbrick, s^t the fuit of the faid John King § for
due whereas the fiud J. S. on the twenty- fifth of June, A. D. 17609
sit Whitehaven in the faid county, was indebted to the faid J. K.
in twenty pounds of lawful, iic. for profecuting, foliciting, and
defending divers (a) fuits, caufes, matters, and things for d^e faii
J. S. at his fpecial inflance and requeft, and for his fees duethereon»
and for thetimey care, trouble, labour, pains, journies, and atten*
dances of the faid J. K. fpent, taken, ufed, performed, and be-
Aowed by him^ in and about die faid fuits, caufes, matters, and
things, at the fpecial inftance and requeft of the faid J. S. and/or
divers fums of money laid out, expended, and paid by the faid
h K* at the like fpecial inftance and requeft of the laid J. S. and
m and about the profecuting, foliciting, and defending the faid
fiiitSy caufes, matters, and things j and being fo indebted, the
iaid J. S« in confideration thereof* afterwards, to wit, on the
£une day and year above mentioned, at Whitehaven aforefaid,
undertook, and tbefti and there faithfully promifed that he the faid
J* S. would well and truly pay the faid twenty pounds to the faid
]• K. when he the (aid ]. S. fhould be afterwards thereunto re*
quetted. (Quantum meruit, and common conclufxon to both
Counts.)
(«) Or In dcfrfidiag md profccyting that lime eommcneed againft the faid
rf >ccttMtt<rimiml]ii<ftfntion» bcfert defriKfamt, at the caft ia.
' MIDDLESEX, ffl Chriftophcr Hall the elder and Chrifto- General i
pher Hall the younger complain againft Oeorge Munk, gentleman, '«^ ^'^'Jfi
one of the attornies of the court of our fovereign lord the king, ^ *TT^*^*
before the king himfelf prefent here in court in his own proper JlSe aTSMner
ferfoKi for that whereas the faid Georee, on the firft of Sep« or B. k. the
tembef, A. D. 1782, at Weftminfter, in the faid county of M. was •ther or c. B.
indebted to the faid C. H. the elder and C. H. the younger (the faid ^ '•»^*o** *•
C H. the elder then and long before, and ftill, being one of the ^^^^ ••^
•Uomia 9/ the court of cur pvereign lord the king of the btnchy ? rT^SLT
and the fsdd C. H. the younger then and long before, and ftill, fniti wm car.
being om oftbi attimUs of the court of our /aid lord theking^ he^ ^^ «S
forg the king hmfeU^ and the faid C. H. the elder and C. tl. the
/Ottnger then and long before, and ftill, being joint^fartners to^
Mtber in die bufinc& and profeffion of attornies as aforefaid) in
mfum of one hundred pounds of lawful, &c« for fo much money
by Che Cud C. H. the elder and C. H. the younger' before that
time paid| bid Mt^ and expended as agents^ lolicitors, and ahopa
aiea of and for ^e fai^ Geor]ge, upon his ntamcr^ and at his
. fecial inftaii|0e afad icaueft, in profecuting, defending, and traii«
nA&tt divers caufis, luits, and bufinefles in this eoqrt hei^, and
nocherVf majeftif^ omtts of record here at Weftmttlfter, and for
yHSt%e% and iammr^ c*re and attendance in and about the prole^
^eatifl|((t -iefeiidtng, and tranftdling thefe caufes^ fuits, and buli«
'-* ocflea,
Id* ASSUMPSIT GENERAL.— ATtORNIES, &c
ncflesi at the like fpecial inftaoce and rcqueft of the fiitd George |
and being To indebted, he the (aid George, in confideration there*
of, afterwardsj to wit, <m ^e Gtme day and year aforefaid» at.
Weftminder aforefaid, in the faid county, undertook, and to fhc
iaid C. H. the elder and C. H« the younger then and there &ith-
fully promifed to pay to them the faid fum of money, whexieTCt
the faid George {hould be thereto afterwards rcquefted. (Couittf
on quantum itieruity and for fifty pounds laid out, &c. a Count
more general for work and labour, &c. and quantum meruit i
money had and received } account flated ; cOmn^on concluilon.)
LONDONj JJ* A. H. widow, adminiftratrijc of all and fin-
Cenen] mithu gular the goods and ctiattds, rights and credits which were of
titut^lfumifit by j^ fj^ h^r late hufband deceafed, who died inteftate» complains of
tvidow'^to^* • E. D. gentleman, one of the attornies of the court of our faid lord
jeriemit «f mact the kiiig,. before the king himfelf prefcnt here in court in his pro-
tothe Sheriffs of per perfon ; for that whereas the faid E. and one R. A. deceafed^
London, for /4rf< whom the faid' E. hath /«rviv^rf, in his lifetijne, being attornies
*^**f^*jL /*^' and tartmrs together, on, &c. at, &c, were indebted to the (ai4
vk;^ pwuur !• "• deceafed, in his lifetime, in the fum of twenty pounds ojf
of another at- lawful, &c* for divets/^^; before that time due and payable to thfl faid
lonaey, for the J. H« deceafed, in his lifetime, zs ftrjeant at mace to tl^ (herifl^
cxecucinf writs« of the city of L* afbrefald, from the faid E. and R. A. fince dc-
^* ceafed, in his lifetim€> as fuch attornies and joint^paruiers as
aforefaid, upon the executing, dirers writs and procefles wt thru
the faid city of L. aforefaid, of and for the faid E. and R* A«
deceafed, in his lifetime, as ferjeant at mace to the flierifFs of the
city of L. aforefaid, at the fpecial inilpnce and requeft of the faid
K. and R. A. deceafed, in his lifetime; and being (b indebted,
icc^ (aiTumpferunt). And whereas, &c. [2d Count for yv^rk
and labour, journies and attendances, and quantum meruit i add
alfo the money Counts, and conclude thus;] Yet the faid £. EU
and R. A. deceafed, in the lifetitxu: of the faid R A. and the
faid E* Ance the deceafe of the faid R. A. not regardu^
&c. but contriving, &c. to deceive and defraud the faid J. l|.
deceafed, in his lifetime, and the faid plaintiff, admtnjftratri;^ as
aforefaid, fince his deceafe, in this behalf did not, nor did either
of them, in the lifetime of the iaid R. A. deceafed^ pay, nor hath
he the faid E. paid the bji fcveral fums of money, or anvor eiibi^
of them, or any part thereof, to the faid J*'H» deceafed, in bis
lifetime, nor the faid Ann, as adminiflratrix as aforeiaid, flna^
his deceafe, (to which bid A. H, adminiflration of, &c. which
.were of the faid J. H^ deceafed, who tlie/l inteftate on, ice hf
A. ii. by divine Providence archbifhop.of C. to whom the grant-
ii\gjQf adminiftration in that bel^alf belonged, was is due form ^
law iiommitted,} ^^Ic^ough fo to do they the faid E* and R* A«
iince deceafed, in bi& lifetime^ and the faid E* ^nqe tb^ deceafed
the faid 1^. A. were, and each of them was, requefted by the fa^
L H. (i^ce deceafed, in his lifetime, and by the (uid Aniie.(Inqe
ais deceaii:> bpt to pay. the fame, or anvij^t thercol^ ^^avcy^and
** cack
/
ASSUMl^SI'F.-r-^ Aicp AOMNST PAktVcvlar PfiRsoNs* nXfif
" ^^Jbcii of rtiem Ka& f^ttherto uHioHy- refufed, an J to pay the fame td
ihe f^id Anne, as- admiftiftnatrfiC' as aforefrid, he tlie faid £. at
Skhfur^fvar as^ aforefaid, ftill doth refufe, to the damage-of the
Aid Anne of fifty pounds; and therefore (be prays relief, &c.
'( Profcit of letters tcftamentary ).
FOR that ivhereas the faid defendatif, on the flrft of Deeem- For attnulii^
fcer 1761, at, &c« was indebted to the faid piaintiffin the funi b«foi«a4(Mi.
of, &c. for divers journies before that time had and taken by the !"^*** f ^® '
(aid plaintiflTfor the faid defendant, in and about the bufinefs of the maw wponT*^
faid defendant, at his fpecial inftance and requeft, and for divers dcfeni|ttt*s U^f
attendances of the &id plaintiff by the faid plaintiff before that finiA.
time had and made, upon and before a committee of the houfe of
commons^ for the faid defendant, in and about the bufinefs of the
faici defendant, arid at his like fpecial inftance and requefti ^nd
being fo indebted, &c. And whereas alfo afterwards, to wit, on, ^««'«» «»»*♦
&c. at, &c in confideration that the faid plaintiff, at the like
ipccial inftanc^ and rcqueft of • the /aid defendant^ had before xhat
time taken divers journies for the faid defendant in and about the
}>ufinefs of the f^id defendant, and had alfo had and made divers
attendances upon and before the committee of the hcufe of com-
mons for the faid defendant, in and about the bufinefs of the faid
defendant, at h\& like inltauce and requefti he the &id defendant
a^umpfiti &c« "
W. Bax^wik.
MIDDL£SEX» ffl Patrick Lawler complains of George Agalnfl the
Xovdace, be'tog, &c« for that whereas the faid George hereto- mafterofa
fore, to wit, on, &c. at, &c. was indebted to the faid Patrick ip ^»^r6in^ School
the fum of fifty pounds of lawful, &c. for the work and labour, ^^^^^"^
cue and diliaencei fkill and attendance of the faid Patrick as a ^gfi^ of hit
kftrdrffify by him the faid Patrick and his fervants before that fcholMt, ft%
time done) perforo^edt and beftowed in and about the dreffing,
cutting, ana keeping, in order tbe hair as well of him the (aid
GcQrge and Elizabeth bis wife as of their childreib ami (livers
Mker infants andxhiUrin% ibffchoUrs of the faid Elizabeth the
vVife of the faidQeorgfs then reading and beii^ in the houfe
and under thie management and diredion of her the faid Elizabeth
At wife of the faid G^oi^e, as keeper and miftrefs of a boarding
ibhool, and for the faid George and at his fpecial inftance and
requefl, and for hair powder, pomatum, and perfumes, and other
iieceflary tbiags before that time found, provided, ufed, and ap*
plied by the .i»d Patrick in and about the fame work and labour
for the faid George, and at his like fpecial inftance and requeft \
and being fo indebted, he the faid George, in confideration there*
pfi afterwards, fo wit, on, &c. undertook, &c« (Quantum
meruit ;
HMR^ AiSUMPSIT.--^y ato agaiitst FA&TicutA% HfLtom%
meruit s worjc and labtar^ care aad daig^neej monqf )ai4
out, &c..ha4 apd itqe^v^i «ccQMt ftatfd} and ewimon c<m»»
prdara^ m LANCASHIRE* to wit. The moft noble Francis Egertoft
the fuit of the jy|^ ^f ]^ridg€water complains of Samuel Taylor, btoine* &c.
for S» frekSt^^ for that whereas the faid Samud on, &c* at, &c, was indebted to
gnfdi amM ^!^ f^ ^^^ >" f^^ hundred pounds pf lawfa), &a. (or the
ton A. to B. freight, carriage, and conveyance of divers gpods an4 cl)attel^
^y him ialw wares and merchandizes of the fiud Samuel, beibfc ^at time car-
ried and cgnv^yed by the fajd duke and his fcrvanu, in pertaio
ibips, vc^els, boats, barges, an4 troughs of t^e fai J duke9 in anq
along certain canals, from Liverpool ip the faid pountV of L. to
M. and from }A. to At and from and to divers Odv^ parts and
places, for thf! (aid Samuel* at his fpecial inftanc^ and requeft ;
and being fo iipdebted| fee, (Conn^ pq (|uaatum oienii^
tb^reon.)
ff^/^f^orU MIDDLESEXi Jf* If J. C make you fccure, be then
giiMi as^nft 1^ fummon, &c. the right honourable Thomas lord vtfcount Nf«
C?'^**L^^^"'^ bfirop M. of A. in the coi^nty of S. having privilege of prlia-
fJInS^TT!^ menj, that he be before our )ord |hc king on» ^p. wberefoevert
jrtrtneiihip A^^-*' ^o &«w. for that whereas the faid vi(count on, &c. at, &c,
dcbc was indebted unto the faid J. C. and one W. P. now deceal^<^
in his lifetimO) and whom the laid J. C* hath furvivtdj in one
liundied pounds of lawful, jec. fur divers goodf^ wares* and
merchandizes by the faid J. C. and W. P. in his lifetime, be-
fore that time lold and delivered to the faid yiicount, and ^| hi^
fpecial inflance and rcqueil \ and being fo indebted, the fiud yif*
count, in confideration thereof^ afterwards, to wit, o% |^c. tk^
&c. undertook, and then and there faithfitlly promifed the faSA
J. C. and W. P. in his lifetime, to pav thfm the ^id .fom of
nioney when he fliould be tiieretoaftcrwaros reouefle^; and whereas
(quantum meruit accordingly} ; and whereas, &c. (money kh}
out, and conclude thus :) Yet the faid vikoMOf luitl IKX as ycff
paid the fiiid feverat fums of money^ or aoy part thereof to ttit
faid J. C. and W. P. in his lifetime, or to either of them, or ti^
the (aid J. C. fmce the deceafe of the laid W, P, to wit, ooi Ice.
and often, both before and afterwards, to wit, at, &c. but he (U
to do hath hitherto wholly refufed, and {Hll refufes, to pav the
fame, or any part thereof, to the (aid J. C* tpbis dami^ i^fifrif
pounds, as it is faid. ^ :
- Where the darosget hid rxcetd 40L xp jUL T3t.'44., lis. $d | hooK
the foUowing finef arc paid to the king t tktX, I3t, 4d. to »ool» Ms. { and fpr
From 40). to 100 marks, 6s. Sd j from vntj ipp marks more^ 6i^ Sd*. j Jiyi
TOO marks to icol. TCi. 6d. ; fitMii looL (;r-cvtry xool« morCy 201.
tb zco marks, x 3s. 4!. 3 from 133I 6^Sd.
HANTS,
A^UMfSlT — By AfiD AGAINST PARTrCUtAR Pmoy9^ |^|
HANTS, f. E- F. coinplains againft J. V. being, &c, for Dcdtmionby^
^tmH whereas jthe fatd E. F, before the making of the promife and ^^J^^J^
vndertaking qf the ftjd J, V. hereafter mentioned, to wit, on, icQ, a^^l^^cp^^
and for djyers years then laft paft, did and ftill doth ufe, cxercife, am, who order*
^ad folio w the art and profefl^on qf ^ [nrgion and fipofhic^try^ to ed htm to attend
wit, at, &c. in, &c. and tht faid E. F. fo ufing» exeryifiijg, aod •^^ "fJipinift^
feilowing the faid art and profeiilon of a furgeon and apothecary a« f^'^'^tlJi^
aforefaid, be the iaid J. V« oq, &c. at, ice. in, &c« in con&dera? eered at ptu'nl
tion that thi! faid £. F. at tlte fpecial inftance and requeft of the tiff*$ town, ^
laid J. Vf WPMld, ^s fuch furgeon and apothecary as aforeiaid, gt* "ot paying him
tend upon % certain company of fojdiers, called and known by the ^^^ ^^J^tiM
name of Captain Saunders's Independent Cprnpany, coflfiijing of Jjlj^j^jincs, '
^vers, to wit, fifty foldiers, (the fam^ company b^ing then and
there in quarters at the town of Q. aforefiiid,} and woulo endeavoup
to heal and f ure fuch of th^^faid Company of foldiers as were then
and there labouring and languifhing with wounds, maladies, and
difeafes, and,woul4 find« pjrovid^, ^^PPly* ^"d adminifter to f^c)|
fX the fajd company fo labouitn|; and languifhing as afprefaid, a!}
neceflary med|cine^» plaifters, drugs, ointments, and other things,
in aiid about the healing and curing the faid foldiers of the faid
wounds, diieafi^f ^nd maladies under which they were fo labour-
ing and lang^iQiing as aforefaid ; he the iaid J. V. undertook, and
then and there faithfolly promjfed the faid pIsMntiflF, to pay and fa-
Ifsfy bin) the ^id £. F. for his fatd attendance, and fof the faid
pedicines, &c. which he tl^e faid £• F. (hould (ind| provide, ap*
ply, and adminifter in ancj about the healipg and curing of the faid
fbidtcfs fo labouring under and languifhing as aforefaid, when^
ever he (he faid dt^endar^t (boujd be thereunto afterwards re«
fluefted} ai)d the laid £, F* ID ^^ ^^ith, that on, &c. aC^
l(c« in, &c. divers, to wit, twenty of the faid company of fol-
diers, were then and there labouring and complaining with di-
vers wounds, &c. and that he the faid plaintiiF, confiding in
the faid promife and undertaking of the faid defendant by him
fo made as aforefaid, afterwards, to wit, on, &c. and on divert
other days and times between that day and the day of exhibiting
the bill of ^ &id plaintiff, he the faid plaintiff, as fuch furgeon
and apothecary as aforefaid, did attend on the • faid company of foU '
(iiers, and endeavour to heal and cure the faid twentv foldiers of
the (aid wounds^ &c. with which they fo laboured ancl langui(hed
as aforefaid *, and that he the (aid £. F. did find and provide for^
and apply and adminifter to the faid twenty foldiers divers medi*
cthes, occ. in and about the healing and curing them of the faid
vfounds, &c« under which they fo laboured and languifhed aft
aforefaid, to wit, at, &c« in, &c. : and the faid £. F* avers, that ht
reaCsnably defer ved to have of i^nd from the £iid Jl V • for the 6i4
attendance of the (aid E. F. as fucb furgeon and apothecary aft
afordaid upon the faid company of foldiers, and for the healing and
curing the (aid twenty foldiers of the £ud company of the laid
wounds, &c. un8er which they fo laboured and languilbedL fhe
2oS A88l7Mt'SIT.~^Br Aim AGAimr PAnnctiLAil^Aittoiit.
film of fifty pounds of lawful, &c. and the medicines, fAcfters,
&c. found, provided, applied, and adminiftered by the Gdi £«« F«
in and about the healing and curing of the faid twenty Mdknrti of
thofe wcKinds, &t* we^e reafonahly worth the fuin pf other Skf
pounds of Uke lawful money, to wit, at, &c. ^ of all which ^4
premifes he the Ciid defendant afterwards, to wit> on^ &c. at, &c.
there had notice, and was requefted to fatisfy to the 'Aid plaintiif
the faid iums of money, according to the promife and undertaking
* df the (aid defendant Co by him made' as afonfaid : and whereas^*
2<€r (common Count for the work and labour, care and diligence
^ . of plaintiff, as a furgeon and apothecary, in curing other twenty
fddiers at defendant's requeft, and for medicines, &c.}: ana
whereas, &c. (<|uantum meruit to that Count) ; and whereas, &ci
(Coent for money had aiid received, and common breach.)
Dmwn bj Mr. CitoMPTOHi
Jndehuaius tf/- LONDON, to Wit. J. G. Utc of Pottcr'sBar in the county
fum^t againft Qf Middlefex, yeomai), executor of the laft will and tcAament of
an #;wtf"rar of ^' ^' deccafed, who in her life time was folc executrix of the
the furvivpr 0/*laft wiil and teftanicnt of W. R. depeafed, was attached to anfwer
two peifonf, unto J. R« in a plea of trefpafs upon the cafe, &c, ; and thereupoa
Joint concrac the faid J, R, by Thomas Wild his attorney, complains^'that
foW ^^ dfcu! ^^"^^^^ ^^^ ^^^ William and one Ann R. alfo deceafed, whom the
wed. * faid William furvived, in the retpe6|ive lifetimes of the iS^id Wil-
liam and Ann, to wit, on the firft day of February, in the year
of Our Lord 1786, at London aforefaid, in tbeparifh of St« Ma«
ry le £tow$ in the ward of Cheap, were indebted to the iaid
y R. in the fum of forty pounds of lawful money of Great Bri-
tain, for certain cattle by the iaid J. R. before that time fold an^
delivered to the faid William and Ann, and at their fpecial inft^ce
^nd requeft; and being fo indebted, they the faid William and
^nn, in their refpedive lifetimes, in condderation thpreof, after-
.wards, to wit, on the day and year aforefaid, at L* aforefaid, in
the pariib and ward aforefaid, undertook, and faithfully promifed
Ihe faid J. R, to pay him the faid fum of money, when they tb^
iaid William and Ann ihould be thereto afterwards requefted,
ghientum mrrtui. And whcrcas afterwards, in the refpe£Uve lifetimes of the (aid
William and Anni to wit, on the day and year afore£ud, at
^^ondon aforefaid, in the pariQi and ward aforefaid, in conddera-
tion that the faid J. R. had before that time ibid and delivered
.certain other cattle to the faid William and Ann, at their like
Ipecial inilance and requeft, they ths faid William and.Anjt, un*
^rcook, and then and .there hithfuUy promifed the faid J, R. tQ
p4y him fo much money as he thcr^fpre reafonably deferved to
i^vfiy when thev the iaid William and Anne ihould be thereto af«
jmrwards requeued; and the faid J. R. avers, that be therefore
tfreafonably deierved to, have the further fum of forty pounds of
^)|e liLwful motley, to wit, at London aforebid^n the pariib and
ji>itd aforefaid ^ whereof the is^id William and Ann in their refpec*
ASSUMPSIT.— Br akd aoaikst pAHticviAit Persoms. «Oji
<iye lifetimeSt afeerW9rds> to wit, on die day and year ilbrefiiidt
there bad notice. And whereas the (aid Williiun and ArDi m t4 Coupt» fpc
ibcir refpedive lifetimes, afterwardsy to wit, on the day *n^^*Tj!r?!2?^
year aforeiaid, at London aforefaid, in the pariih and ward afore-' •'^'*"****:
jaid, were indebted to the faid J. R. in the further fuiti <3f forty
MUfids of like iawfcl money, as we'll for dtven joumieson horfe«
hack ,by the faid J. R. befi>re that ttine had and taken as for the
WQfJc and tvbour cf the laid J, R.. by him before that time done
and performed in and about thet^ufinefs of the laid William and
Ann, at .their like inf^^uKe and requeft^ ainl being fo indebted,
they the f^id W|lUam afod .Ann in their refpedlive lifetimes, in con«
iidcration thereof afterwards, ^ wit, on the day and year
afereiaid, at London tkrffAi^ in the parifli and ward :^e-
iaid9 undertook^ ao^ ^tthiully promtfqd the faid J. R. to pay
him the faid iaft jnentioned ^ fom of money when they the
faid William ai\d A;ao IhoyLsld be theretQ .afterwards ro^uefted :
And whereas afterwards, in the Teli)e<£live tifctin^fs of the (aid ^'"«" »»«*»*•
William and Ann, Co wit, on the day and year aforefaid, at Lonr
don aUbrefiudi in the padlh and ward aforqiaid, in conftderatipn
that the laid J. R« at the like infttnce .imd recj^ieft of ifie faid
William and Ann, had before that titse had and taken divers other
joumies on horfeback, and alfo had done and peiformed other his
work and labovr ^i and about the bufinefs cf the (aid WiHiaa;t
and Anne, they the (aid William and Ann undertook^ and idiie^
and there faithfti.lly promifed the faid J. R. to pay him fo mych
money as he thecetbre reaibnably deferred to have, when jthevtfap
£nd William and Ann fliould be thereto afterward fpjuefte.d ;
and the iatd I . R. avers, th^t he therefore reiifomibly de^rved to
hare the farmer fum of forty pounds, oflikelawml money, ti>
wit, at London aforefaid, in the parifh and ward ^forefaid^
whereof the lajid WtHiam and Ann m their refpe^ve li^^fjpies^
afterwards, to wit, on the day and year aforeiaid, ther^ ^ad no-
tice. And yrherc^ the laud William and Ann in ihirfr refpeftive 1* C6a«,
lifetimes, a^torw^irds, to wjt, on the day and y«ir ;rforcfaid, a^ ^tc^'^jlj
Lonik4i afore&id, jb the pariih and ward aforefaid, were indebted njiSrm.
to the fyiA J- JJ^- in the further fum of forty pounds of l;ke
lawful money for the ufe and hire of divers mares and geld-
ings of die bid J. %. by him before fhaC time let to hire to the
fijd WiUi;am ^nd An^,* at their like inftance and requeft, and by
die Cud Wiliiam and ^nn, according to that letting to hire,
had and cifed for a long foace of time then elapfed ^ and be*
log |b infjebted, jthey the j&id William and Ann in their refpe<3r'
CAve )ifc(imcS| |n cpnuderatiofi thereof^ afterwards, to wit, on the
dby and year af^npfafd, ^t ]i#« ffore^iSd, to the pkrifh and ward
aferdaidy undertook, and bithfully proqiifed the faid J. R. to pay
him dbe faid )aft jpemtioned fum* of money when they the faid
William ^nd ^nn fhould h<^ thereto afterwards requested : And ^^smmw" f«^it^
whereas ^Afrwards, in the refpeAive Ufietimes of the faid William
and Ann, to wit, oif the day and yc^ aforefaid, at London afore*
bid, in the parffh and ward afbrettud, in ^onfideration that the fiiid
Y9^h f J.R*
a^Q^, A.SS,UMFSIT.^r-BY an^ agaikst Fartiqulaa PB£faift^«
J. {l*. at the like inilance aod i:equeft pf the bid William and .
.j^nn^ ha4 before that tim^ Ut to hire to the &id Wil)iap[i $Lod
^ ' . 4 ^nn divers other' mares and geldings of him die faid J. R« a^nd
.w ^ ^$hat the iaid William and Ann, according to that letting to hire*
had ufed the. lame for «a Jong fpace of time then elapfcd| they the
faid William and Ann' undertook, ^d then and there faithfully
promired the faid J. R..to pay him fo much mo|iey as he therefore
reafonably deferved to hav^e, when they the laid William and Aon
(hould Jbe thereto afterwards requefted ; and th^ faid J, H. avers,
that he therefore rcafonably .deferved to have the further fum of
forty pounds of like lawful money, to wit, at L. aforefaid, in the
p^rixh and ward aforefaid -, whereof the faid William and Ann. in
their refpeftive lift* times, afterwards , to wjt, on the day and year
Money laid oat ^^refaidi there had notice. And whereas the faid William and
«nd expended. Apn in their refpe^ive lifetimes, afterwards, to wit, on the day
and year aforefaid, at London aforefaid, jn the parifh and ward
aforefaid, were indebted to the (kid J. R. in the further fum of
forty pounds of like lawful money, for tnoney by the iaid J. R«
before that time paid, laid oyt, and expeniled for the ufe of the
£ud William and Ann, at their like ini^ance and requed } and be*
ing fo indebted, they the iaid William and Ann in their refpe^ive
lifetimes* in conflderation thereof, afterwards, to wit, on the day
and yrr^f -aforefaid^ at London aforefaid, in the parijli and ward
aforefaid, undertook, and faithfully prooyfed the £iid J. R. to pay
hiqa the faid laft^mentioned fum of money, .when they the (aid
Con^Iufipn. William, and Ann (hould be thereto af^rwards requefied : Yet the
Againftthecxe« f^jj William and Ann in their refpc*3ivc.lifetimes, before tbede-
S'^'x of 'the <^«afc of the faid Ann, and' the faid VVilliam in ' his lifetime, after
furvivor of two the deceafe of the faid Ann, and thefliid Sarah, es^ecutrix as afore-
perfons joint faid, i^ her lifetime, aJTtef the refjjec^ive deceafes of the faid Ani^
c^ntra^ori. and William, and ^c faid J. G. executor as aforefaid, after the
refpefiive deceafes of the iaid Ann, William^ and Sarah, qo( re-
garding the feveral promifcs and undertakings' fo made by the (aid
William and Ann in their refp<;&ive lifetime as afbref;iid, bu^coR*
tcivinff and fraudulently intending craftily an^ rpbtiliy to 4fceiv«
imH' defraud ^e faid J. R. in this behaiC ^ye not, nor hjath ei-
ther jpTthemi yet paid the iaid f&ver^, ^s qf rngoey^ cur
any past {hcfeoi^ to the fai^.J* R-. (s^thoughthe (aid \yilliam in
his lifetimo^',^terwards, to wit, pn the day aful year ia(l s^r^d,
and the (aid S^ah^excci^rix as ^j/efaid) in her li£etimq^.a^q[> ti^
d.eccafeof the ^Id WiU2aii>,.to.j|i^it^ on the iirft day of ^4aJ;ch in
the ye4f i^8j afore(aid, andj^hev^id.J. 6, executor as aforq^d^
after. the rejjpe^ivc decf^o^i^claid William.s^rui^S^ar^h, towiti
qn the iaid.fccQnd^day..^fj^Brii.^ (batyefr, were fcvenilly* |«.
^uefted to p^y the.fame^^a (t^faid . J*. R^ to wit, at JUxndon jdForeo
ftfid^ inxhe p^riih and .)var4if forefaid) but to d<f this tb^ ifid Wil-
liam m his lifetime, ax^ th|C (^jd Sarah» executrix pf gf/g^ei^i^, if\
her lifetime, after the dfiCj^4ff ^f-thefaid W^Jj^m^s^^
executor asaforefaid, ^(t^j? tbg reipc£Uvc^ ^^CfHfS,^^1^4^id Wil^
r
ASSUMP^T GENERAi..~Foif WAGEB^ m
tb^ (aidj. Gt eicecutoria^ afoi;e^id» ilill refufes (b to 4o, and tV«
&me auvi every paft thereof ilill remains wholly due and unpaid
to the bid J R. yrhefefore the faid J. R. fays, that he is ir^-
jured and ha&fuftained dajftiage to the amount Qf fifty pounds^i and
t^refore be brings iiiit, 4<c»
LONDON, f.] J. G. late of Potters Bar in thr county of J^Okatia ijf-
MiddlefeX) yeoman» executor pf the laft will and tei^aiDent ol^'^fi '^ C- 8-
S> C. deceaied^ who in her. li&i^tia^e was fole execuuiiX 9f the.^J '** t^fcmr
laft will and teftanoent of WilUam R. the fon deceafed, which ©f thc/^^'iw
fatd William R. and one Ann R. deAeafed, whom the faid WiUf^'exeaitm-, , oq
liam R. furvived^ in their refpedivc lifetimes were executor andapromiiebythe
executrix of the laft will and teftamcnt xjf William R. the ftthcr ^""^^^ ^"^ ^
aBb deceafed, and which feid WiUiam.R. the fon, in his Hftitimc.^l^^^f^^;^
after the death of the hid Aon R> was the furviving executor lurcd fervant,
thereof was attached to anfvver unto John R* in a plea of trefpafs
upon the cafe, &c. : and thereupon the (aid John R« by Thomas
Wild his attorney, complains, that whereas the iaid William R«
the &tber, in bis lifetioie, to wit, on tlie firft day of January A. D«
Ifp^ at London .aforefaid, in the pariChof St. Mary le Bow in
tAe.ttard of' Cheap, was indebted to the faid John in the fum of
eighty pounds^ of lawful money of Great Britain, for the falary
attd ^Eages before that time due and payable from, the (aid Wil*
liam R. the father to the (aid John K. for the fervice of the (aid
John R. before then dooe and performe^l as the hired fervant of .
the (aid William R. the. &ther, at his fpecial inftance and nequeftf
and on his retainer ; and being fo indebted, he the faid William
the fkher, in his UfeC4qie> in confideration thereof, afterwards, to
wit, on the day and .^ear sibrefaid, at Londoo afocefaid, in the pa-
ri(k and ward aforefatd, undertook, at)d. faithfully promifed the (aid
John R. to jpav hiqi thei.&id fum of money, when the (aid William
R* the fiither mould he thereto afterwards xequefted : And where- ^Mum mm^^
as afterwards, in the lifetime of the (aid William R. the father, to
wit, on the day and year aforeiaid, at London afore(aid, in the pa*
ri(h and ward aforefatd,. in coniideration that the (aid John R, had
befoite that time done and performed. other his fervice as the hired.
(ervant of the (aid William R. the father, ac his like inftance and
requeft, and on his retainer, he the faid William R. the father un^
dertook, and then and th^re faithAilly. promifed the (kid John
S.. to pay him fo much money 21s he the Jbid John R. for his faid
laft-mentioned fervice, ;|nd for his £ilary and wages in that behalf
reaibii^bly dfktv^ to have, when he the faid William the father
Ihould be thereto afterwards rc^queftcdj and the faid John R,
9Ftrs that he therefore realbnably de(erved to have had the further
Inn of eighty pounds pf like law&il moaey, to wit, at L. a(bre(aidj|
in the pariili and ward aforefaid, whereof theifaid William &. the
^er, in his liietime, after wiird^^ to wit, on the iay and year afore-
said, there had notice : Yet the i^dJVilluon R. ihefatbir^ in bit CoodttfioD.
UMfim» '4ind tbi faid Wi)liaiDi K. ;the Som and Ann R. exectttor Omit the words
^ J> ^ mjj between invett*
«4 comm^i.
ai2 ASSUMPSIT GENERAL.— Fon WAGES.
^nd executrix as aforefaid, in their re<jpe£Uve lifetimes^ after /!«
^^ath of ihefatd ff^illiam R. tbi father^ and before the death of
thiB faid Ann R. and the faid Wilfiam R. the fen^ furyiving exe-
cut<^ as aforefajd, in his lifetime, ^tcr the refpe£ftvi (featbs of tbt
faid William R. the father y and f' death of the fai«|** Afin R. and •
the faid Sarah C* executrix as aforefaid, in her li^time, after th^
refpediVjj deaths of the faid William R, the father^ ** fon, apd*'
Ann R. ^nd William R. the fon, and the faid John G, executor,
as aforelaia/ after the refpeftive dieaths of the faid ff^/Ifom R. ibt
father^ Ann ^. William R. the foil, and Sarah C. not regarding
■the feveral promifes and undertakings fo made by the &id William
R the Jathir, *< fon, and Ann R. executors and executrix as
aforefaidy in their refpe£live lifetimes, after th^ death of the (ato
W. R/' in his lifetime^ as aforefaid, buf contriving aqd fraudii-
lent]}' intending craftily and fubtilly to deceive and defragd the faid
J. R, in this behalf, have not> nor hath either of them, yet paid
jthe faid feveral fums qf money, '* in thofe promifes and un-
dertakings mentioned,'* or any part thereof, to the faid Johi^
R. although the laid William R. the father^ in bU Ufaime't
afterwards^ to vjity on the day and year aforefaid^ €nd tbi
J aid fVilliam R. the fon, and Ann R. executor and exccu-*
trix as aforefaid, in their refpeflive lifetimes, afitr tbf ioatk
of the faid William R* the father^ and before the death of^
the faid Ann R. ^^ afterwards,f* to wit, on the Jfr/i day ^
February in the yetfr of Our Li^rd 1786, ^ day and year
laft aforefaid,*' and the faid William R. the fon, furviviag
executor as aforefaid, in his lifetime, after the reJpefUve deaths
lifetime, aft^r the refpe£tive deaths of the laid WiUiantR\ tbefr-
ther^ Ann R. and William R. the fon, to Vrit, on the ^ faid'*
firft day of March A. D. 1787, and the laid J. G. eitecutor as
aforefaid, after the refpe^ive deaths of the faid IVilliafk R, tbs
father J Ann R. William K, the fon, and Sarah C, to wit, dn the
^fecond day of April in the fame year, were feverally requefted to
p3iy the fame to the faid John R. that is to fay, .at (/. afore&id^
in the paVilh and ward aforefaid ; but to do this the Sid fViUiam
R. the father; in his lifetime^ and the faid William R. the fon^
and Ann R. dxecutor and executrix as aforefaid, in theii* refpec^
tive lifetimes, after the death of the faid tVilUam R. thefutbtr^
tfxri before the death of tne faid Ann R. and the faid Williaiti R;
the ioHi furviving exetutor ats aforefaid, m his lifetime, after tfie
refpedrue deaths of the faid H^illiam R. the father Ann R. aii^
the laid Sarah Cf executriJi as aforefaid, in her lifetime, after ^ai
refpe^ve dsatbf of the faid fViiUam R. her father ^ Ann R. and
William R. the ton, and %c laid T G, executoir as aforefaid, after
the refpc-aive deaths of the tijA frilliam R. the father^ Ann R.
WiUiam R. the fon, aiid Sarah C. have, and each of them hath»
hitherto wholly refufedi and the faid Johh G. executor as afore*
.»•
f * y Ik
ASStMPar GENEftAt;.-Foi WAGES. 4ij
faid> fiill refufes fi> to do, and thf fame and fixjtry part, thereof fllll
remains whdjy diie itvi Unpaid to the faid John ^* And whereas 2d Count, for
the faid William R. the father, in his lifetime, to wit, on the firft other work ami
day of January^ In the ypr ly^r^iaforcfaid. at L. afcrefaid, in the ^^^J^^
girifli and ward aforclaid, was indeUted tp the laid John R. in the ^ *e»cmrix
rther fum of eighty pbtxnds of like lawful money, for the work after the deacb
and labour of the faid Jqho R. by him before that time done and of W.IL thefin
performed for the laid WiUiaiii R. the ftther, iit his llkt iiiftaoce <^*
and requeft i and bemg fo indebted at the time of his death, and
the bid laft*mentioned fum of money femaining whcJly unpaid and
unlatisfied, they the laid William R* the fon, and Ann R. execu-*
tor and executrix as aforefidd, in theii' ivfpedire lifetimes, in l^on*
iidention thereof, afterwards, and after the death of the faid WiU
liam R. the father, to wit, on the firft day of April A. D. 1785,
at L. aforelaid, in the pari(b and ward aforefaid, undertook, and
faithfuilv promifed the faid John R. to pay him the faid laft men-
tioned Ittm of money when they the fkid W. R. the fon^ and
' A. R. executor ana executrix as aforefaid, (hould be thereto
• Mteirwards requefted: And whereas afterwards, and after the death a^^^
hf the faid William R. the father, and in the refpeftive lifetimes ^^^
bf the laid W. R. the fon, and A« R» to wit, on the day and year
laft afdrefaid) at !<• aforefaid, in the parifli and ward aforcfaid, in
tonfidcration *that the faid Jt)hn R. in the lifetime of Uielaid W.R«
the father, had done and performed other his work and labour, for
the faid W. R. the father, at his like inftance and requeft, they
the faid W; R. the fqn, and Ann R. executor and executrix as
aforefaid, undertook) and then and there faithfully promifed the
£ud John R. to pay to him fo much money as he therefore rear*
fonably deferved to have, when they the faid W. R. the fon^ and
Ann R. executor and executrix as aforefaid, ihould be thereto
afterwards requefted; and the faid John K, avers, that he there-*
. fore reafonably deftrVed to have the further fum of eighty pounds
tf iikifc lawful money, to wit, at L. aforefaid^ in jhe parifli and
ward aforefaid, whereoif the faid %V* R. the fon, an/ Ann R; ext-
tntor and executrix as aforelaid, in their refpedi/9 lifetimes, aF<*
terwards, to wit^ on the dav and year laft aforefad, there had no-
tice* And whereas the faid William R. the fony and Ann R. exe* ^a Count,
cucor and executrix as aforelaid^ in their refpedire lifetimes, afcer^^^ On an account
wards, to wit, on the day and year laft aforelaid, accounted to- *»*«<*. betweca
gecher with the (aid John R. of and concerning divers other fums £^"^ ^
of moneyt which wercdue and owing from the faid Wi R. the fa- executrix of
ther in his lifetime to the faid John K. and were then remaining in j.R. in the life*
intar and unpaid, and upon that accounting the faid William \R,. time ot deccaM
the fon, and Ann R* executor and executrix, were then and^'^^"^^
there found in arrear and indebted to the faid John R. in the fur-
ther fum of eighty pounds of like lawful money; and beitig fo
found in arrear and indebted^ they the faid W. R. the fon, and
Ann R. executor and executrix as aforefaid, in their refpedi^e
lifetimes, in confideration thereof, afterwards, to wit, on the da/
and year laft aforefaid, at L. aforelaid, in the parilh and ward
.afore&id, undertook and faithfully promifed the faid John R. to
P 3 pay
'*r4 ASSUNfPSlT.— Bir AN0 against PARfrcfctAR VkvLsStfis
pay him the faid laft mentioned fum of money, when he the hid
W. K. 'the fon, and A. R. executor and executrix sb aforeiafdy
fhould tie thereto afterwards reguefted : Yer, &c. (Breach lilcc
the firrt Count, omitting the words in italic, and inferting the
words within Inverted commas ^ which are omitted in the firft iski
fecond Counts.)
I Hayf srt>ri<}ged this precedent, as to the «telofion of more im|iMtint mM-
I purpofe to do whert it nius too long, tcr, as In'page 159, i6<>. amt, onToBs*
l^edafiition by LONDON, to wit*. George Shepley efquire and John Lloyd
A. and B. admU gentleman, adminiftrator? with the will annexed of all and fioeii*
lam^^'I^^jfd^ lar. the goods, chattels, and credits which were of Richard f>a-
hwL nm^ oiadJ ^^^^ deceafbd at the time uf his death left unadminiftered by Samuel
i«rffi/7rtf/cragainft^ Davles^ which faid S. D. in his Ufe-time, and at the time of ins
defendant for death, * was alfo adminiftrator with the will annexed of all and fia-
thc »/» ««^ *"'» ijilar the goods, chattels, and credits aforefaid,coinidatnof Jofiq»h
•SLm* w«^. Gattey efquire, being, &c. for that whereas the faid Jofeph bere*
bouics. ' tofore, to wit, on the firft day of Auguft, A. D. i/to^ to wki
at L. aforefaid, in the pafifh of Sti Mary le Bow in the ward of
Cheap, was indebted to tlie (aid Richard D. in his lifetime in the
fum of one jiundred and (ixCy pounds of lawful) &c. for the afe and
hire of a certain wharf, and of divers, to wit, ten warehotiies of the
faid R D. (ituate and being in the parifli of St. John, Soodi-
wark, in the county of S* before that time let to hire to the find
Jofeph, and at his fpeciai inftance and requeft, and by him die
^id Jofeph, according to fuch lettii)g Co hire, before that time
had and ufed in and about tbe depofiti ng and fioring and keeping
' therein of divers goods, wares, and merchandizes ; and being fo
- indebted (aflumpitt to the faid R. D. in his lifetime.) And
whereas afterwards, to wit, on the day and year aforefiiid, at L.
aforefaid^ in confideration that the faid R..D. in his lifetime, at
' the like fpccial inftance and requeft of the faid Jofeph, had before
that time let to hire to the &id jofeph a certain other wharf aod
divers, to wit, ten other warehoufes of him the £nd R. D. iitoate
aAd being tn the faid partfh of St. John, Southwark, in the county-
of S. aforefaid, aifd that he the faid Jofeph had, according to fuob
letting to hire, before that time had and ufed the fanoe, for, in^
and about the depoiiting, ftoring, and keeping thereki of dtveia
other goods, wares, and merchandizes,^ h£ the laid Jofeph then
and there undertook, and faithfully promifed the faid R.. IX in
his lifetime to pay him [quantum meruit] [iniebitatus afliiaipfit
to the teftator in his lifetime for the work and labour, care and
diligence of the faid R. D. and his fervints before that done, per-
formftd, and bedowedia and about the (hipping, landings weigh«f
ing, houfing, unhouiing, rehoufing, filling, tumbg, loadingi of
divers other goods,, wares, and merchandizes for the faid Jofeph^
and at his like fpeciai Laftancc and requeftj quantum meruit there-
on. [Two Counts for work and labour generally, money paid^
'iMd,
'ASSUMPSIT.-j^By and Ac AifiiST Particular Persons, flii5
■ ■*•.'.
hid, and received, account fitted, and concliiflon as follows.]
Yet the faid Jofeph, not Regarding his faid feveral promifes ana condniloD.
Undertakings To by bid) made iii maiUier and form aforefaid, but By adminifltii^
Contriving and fraudulently intending craftily and fubtilly tb deceive **«* ^ ^^' «»»
ind defraud the faid R. D. in his lifetime, and the faid S. D. in ^ *" •^"^°**
his lifetime, after the death of the faid R* D. (to which faid S. D. *
in hi$ lifetime, after the death of the faid R. D. to wit, on the
twenty-ninth of December, A. D, 1780, at L. aforefaid, in the
parifh and ward aforcfaid, adminiflration with the will annexed of
all and fm^lar the goods, chattels, .and credits which were of
the faid R. !)• dcceafcd at the time of bis death* by Frederick bjt
divine providence archbifhop o^ Canterbury, primate of all £ng«
land, and metropolitan, in due form of law was granted,) and th^
faid George and John, after the feveral refpeflive deaths of the
faid R. D arid S. D. (to which faid G. and J, after the feveral
itfpe£lil^e deaths of the faid R* D. and S« D. to wit, on thd
twenty-eighth of March, A. D* 1781, at L. aforefaid, In the pa^
rifli and ward aforeiaid, adminiflration with the will annexed of
alt and fingular the' goods, chattels, and credits aforeiaid left un-«
adminiftered by the faiS S. D. adminiftration as aforefaid by Ftc^
derick by divine provfdence archbifho]), primate, and metropoli-*
t^ as afotefald, in due form of law was jgranted,) he the faid Jo-
feph hath not paid the fatd feveral fums .ofmoney, or anv or eithel^
of them, or any part thereof, either to the faid R. D« in his life<*
time, or to the faid S. D. adminiftrator in his lifetime, after the
death of the faid R. J)« or to the (aid George and Jobni admirii-*
Ihators as aforeiai^/ Hnce the feveral and refpe£live deaths of the
faid R. D. and S. D. or either of thexn>, (although (o to do tKi^ the
laid Jofeph was requeued by the faid R. D. in his lifetinxe, to wit^.
00 the day and year firft above mentioned, and often afterwardS|
and by the faid S. D. adminiftrator as aforefaid, in his lifetime^
after the death of the faid R. D. and by the faid George and
John, adminiflrators as aforefaid (inc^ the feveral and r^fycStivc
deaths of the faid R. D. and S. D. to wit, at L. aforefaid, in the
parUh and ward aforefaid,) but he tbe faid Jofeph to pay the faid
feveral fums of money, or any or either of them, or any part
dfereof, in manner aforefaid, ha^h hitherto wholly refufed» and flill
refufes, to pay the fame, or any parr thereof^ to the (aid G. and J,
adfniiiidratoH ^s aforefaid, 6t either of them, to the damage of the
(aid G. and J. of one hundred pounds; and therefore they bring
fuit, &c. I and they bringinto coyrt here Che letters of adminiftration
of the faid archbifhop, as well tbofe which were granted to the faid Profrrtoflettcr^
S. D. in his lifetime as thofe which were afterwards granted to tdtamcmai/^
the (aid G. and J. which fufficiencly teftify to th:2 court here the
granting the (ever^I adminiftrations aforefaid to the (aid S. D.
ifl his lifetime, and to the faid G. and J. finca the death of the (aid
S. D. in his lifetime^ and to the faid G. aac) J. fmce the death of
the faid S.D. the dates whereof are the days and years above ia
t&at behalf refpeiflively mehti6ned» Drawn by W. Tiocy
P4 MIDDLESEX,
as ASSUMPSIT GENERALv— For FOREIGN MONEY.
Declaration by MIDDLESEX, to wit D. S- Uteof&c* was tttadied f
an admini/fiMor ztifwct H. C. adminiftratrix of all and fingular the goods and chac-
fox fo^gnnmtyy tcls which were belonging to A. C deceafed, at the time of his
andad^cdby ^«a*» who died Intcftatc, of a pla of trefpafi on the cafe ; and
the inceOate to thereupon the faid H. C. by A. B. her attorney, comp!atr.s> that
the detendaBt. whereas the faid defendant, otu &c. at« &c. in, &c. was indebted to
the &id A. C deccafed> in his lifetime in thefuin of ten thou&nd
rupees oi foreign moneys to wit, of the money of Bombay in the Eaft
Indies, of great value, to wit, of the value of two thoufand pounds
of lawfuj, &c. for the tike fum of the aforefaid foreign money by
the laid A. C. deoeafed, in his lifetime before that time psid, laid
but, and expended to and for the u(c of the faid defendant, and at
his ipecial inftance and requefl ; and being fb iadcbted^ be die (kid
defendant, in conftdcration thereof, afterwards, to wit, ice. un«
dertook, and then and there faithfully promifed the £iid A. C« de*
ceafed, in his lifetime to pay him the ^id fum of foreign money,
when he the faid defendant Ihould be thereto afterwards requefted.
And whereas [Count for ten thoufand rupees lent and advanced^
money bad and received, and an account ftated ; common Counts
for money paid, Src. lent and advanced, had and received] : Yet
the (aid defendant, not regarding, &c. but contriving, &c. the
faid A, C, deceafed, in his lifetime, and the did H* C. (to which
faid H. C. adminiftration of all and fingular the goods and chattels
iuvhich were of the fiiid A. C. deceafed) at the time of his death,
who died infeflaie, after the death of the faid A. C. to wit, oq»
&c* at, &cw to whpm the granting of adminiflration in tbat be*^
half of right belonged, was committed after the death of the faid
Ai C) in thb behalf did not pay to the &id A. C. deceafed^ in his
Uietime, nor to the find H. C. adminiftratrix as aforefaid, ftnce the
death of the faid A. C. the faid (everal I'ums of foreign money, or
any of them, or any part thereof, or the value thereof, or of any
]fert thereof, or the faid fevcral fums of money, or any or either
of them, or any part thereof, although fo to do he the laid de»
fendant was reouefted by the faid A. C. deceafed in his lifetime,
or to the faid H. C« fincc his death, he the faid defendant hath
altogether refufed, and fliU refufes, to pay the fame to the laid
H. O. as adminiftratrix as aferefaid, whereupon the bid M. C
faith that fhe is injured, &c« (Px^en of letters teftamentary.)
Drawn by Mr* Graham.
DedaraUon In STAFFORDSHIRE,^ The right honourable John lord
v^SdS'con vifcount Dudlev and Ward cotxiplains of James Goodin and Mar-
admimofi to fe. garetta his wife, which faid Margaretta is the adminiftratrix of
veraldiiiinAfets dl and fxngular the goods and chattels, rights and credits which
of copyhold pre. were belonging to John Newton deceafedf at the time of his
IIll["'toTure ^^^^ unadminiftercd by Ann Parr widow, who in her lifedmci
Biackftooe'i ^* ^^ ^^ ^^ *'"^^ ^ ^^^ death, was adminiftratrix of all and iingu-*
Opinion) againft laf the goods and chattels, rights and credits which were of the
4: on and feme, fatd John Newton deceafed at the rime of his death, who died in-
. ^hifiratrix dc teftutc, bcing, &c for that whereas the fiiid vifcount, on, &c.
ir.i-i«««. '^ ' and
and long before, was, an4. from thence hitherto hath been, and
ftill is, lord of the manor of ICingfwinford, in the (aid county of
% of which faid manor divers, to wit, eight acres of land, called
Dane's Hill, with the apporteiumces, fituate, lying, and being
widrin the (kid manor, now are, and from time whereof, &c«
have been parcel and cuftomary tenements demifed a*ldemifeabld
by copy of the court-rolls of the hidawnof for the time being, to
any pemn or peribns willing to take the &me, kv fee flmple or
otoerwife, at die will of the faid loni, according to the ctiftom of
the (aid manor. And whereas within the fafd manor of King-
iwioford there now is, and from time whereof, &c# there hatb
been a certain ancient and laudable cuftom there ufed and ap"
proved of, that every cuftomary tenant of the faid manor, upoxf
bis admif&on to any cuftomaxy tenement parcel of the bid manor^,
by the lord of the faid manor, by himfelf or by the fie ward of the
coort of the (aid manor for the time being, hath paid, and hath
ufed and been accuftomed, and of right ought to pay, to the lords
of die faid manor for the time beimg, being lords at the time of
fkcb admiiSon, a reafonable fum to be a(reired by the lord of the*
faid manor for the time being, by himfelf or by the fteward of ttie
court of the faid manor for the dme being, for a fine for fuch his
admtffion to the faid cuftomary tenement ; and the (aid vifcount fiir^
ther bithf chat the (aid vifcount, at the inftance and requeft of the (iud
John N. upon the faid, &c. within the manor aforefaid, by Richard
Kedtng gentleman, then fteward for the (aid vifcount of his
qourt of the (aid manor, according to the cuftom of the faid ma*
Qor, acimitted the (aid John N. to the (aid eight acres of land»
with the appurtenances, to have and to hold the fame unto the
(aid J. N* and to his heirs forever, at the will of the lord, accord-
ing to the cuftom of the fiiid manor : and the faid vifcount in b6i
further (aith, that the faid eight acres of land, with the appur-
CeoaoceSy ai^the time of the admifBon of the faid J. N. thereunto,
were of the annual value of eight pounds i and the faid vifcount,
then being lord of die faid manor, did then, to wit, at the time
Of cfa^ laid admiffion by the (aid Richard Keeling, then his ftew*
ard of the laid court or the faid manor, affefs and appoint the fum
of Iburteen pound^of lawful, &c. as and for a fine to be paid by
the (aid J, N« to the (aid vifcount, for the faid admiflion of him
the (aid J. N. to the (aid eight acres, being fuch cuftomary tene*
ment as afore(aid, to wit, at, &c. aforefaid, which faid fum of
fiMirtcen pounds then and there was a reafonable fum of money to
have been paid by the faid J. N« to the (aid vifcount, then lord of
the manor aforefaid, for the (kid admiffion of the faid ]. N. to th^
cuftomary tenement aforefaid, with the appurtenances s whereof the
(aid J. K« afterwards, to wit, on thefaid, &c. at, &c. aforefaid, had
nodcei and thereupon the (aid J.N. in confideration of the premifes,
afterwards, to wit, on the day and year laft aforefaid, at, &c. afore-*
(aid^ undertook, and faithfully promifed the Gud vifcount, to pay him
the fiud fum of fourteen pounds when he Ihould be thereto after-'
wards requefted* [There were three other Counts drawn exadly on
tfie (ame indenture^ for different fines oo different admiillons to dif*
ferent
itt ASSUMPSiT.*-1fi)R FiKfis OK AUMissidNs to Conncctmi
ferent premifes, and an additional Coant fer one hundred and ftfly
pounds fine for refpe6five admiffions to the jfe^r^/ cuftomary tene*'
ments rcfpedively, like the firft Count ; another Count for money
had and received] : Yet the &id J. N, \ti his lifetime; aild the
&id Ann Parr, adminiftratrix as aforefaid^ in her lifetime, after
the death of the faid !• N. and the faid James, and Margarettfll
l^oncftifion. adminiftratrix as afore faid, iince the refpe6live deaths df the laid
tybamaoAfime J. N. and Ann Parr, not regarding the faid feveral prtaiffi^ and
^dmtttfirMtrix de undertakings fo as aforefaid made by the faid J. N. In Yat
km mi. lifetime, but contriving, &c. have not, hor hath any or tnthcr
of them, paid the faid feveral fums of money, or any part thereof|
to the laid vifcount, (although to do this the faid J. N. and the
(aid Ann Parr adminiftratrix as aforefaid, in her lifetime^ after thd
death of the faid J. N. were oftentimes requefted by the fiiid viCi
Count, and although they the faid James and Mal'garetta adinini*
ftratrix as aforefaid, were thereto feveraliy requested by the find
vifcount, after the feveral and refpedive deaths of the laid J. N^
and Ann Parr, to wit, on the day and year laft aforefaid^ and of-
ten both before and afterwards, to wit, at, &c. aforefaid/) but
they tiie faid J, N. and Ann Parr to pay the fame) or any part
thereof, to the faid vifcount in the lifetime of the faid J. N. and
Ann Parr, have altoge'h^r rcfufed^ and the faid James and M.
admininratrix as aforefaid, to pay (he fame^ or any part thereol^
to the faid vifcount, fince the refpedive deaths of the faid J. Na.
and A. P. have, and each of them hath, hitherto wholly refufedj
and fiill do, tind each of them doth, wholly refute fo to dos Da-»
mages forty^ pounds. See plea and i(:eplication to the like Declara-^
tion poft. Pleas in Aflumpfit-^Tender.
Oinibrkige Lent amzes. Hitch v. Wal. " bxr» hs/ the SeAndantU ptta, iMikh wU
lj», B. R vvhei e ^tfTumpfit Le^ for a fine <' a teJKier of a f roi» Turn paid into eom^
Ion admifiion to a copyhold. The de- " Mr. J. Blackftone allowed the otij«c-
daration in Hitch v. Wallis was fot' a '* tion, and nonfulted the plaindBT. He
^toU Ibm of fifty one pounds, due on ** faid that copyholds depend on cuftom:
sdmiflion to certain cuftomaty tene- '^ there can be no new eQ|iyhbMs| nor
tnaiu 4 and it appeared by the court rolls " old ones witlt new reots.) if the renti '
of the uianor, that the tenements ccn- ** are varied|.it ceafes to be the la«^
fided of HidinA p;:rccls, to which thefe ** cdpyhokl ; the> rents are the criteria
bad always been^ and were in the lafl " of copyholds, and though put together '
ini^ance^ diilindt admiflit>n»» and three ** they wiH not unite or alter the naturt
diiUnA quit-rents. Objedion waa made «< bf differeBUopyhoMs. StriAly Ipeak* •
tp the declarati<lDy that it ought to liave '< ing,^ on eiKh oopybQld tbert oqgbt ts
fet forth the feveral fines that were due '< be a diftin£h adniiflion \ but fbroeo'^
tm each admiflion, fpccifylng how much " veniencc of the tenants, it is uiual to
In each parcel in different Court > and " make only one ; and linee the flamp
not a grofs fum for the whole m on^ - *< aQ«, the lords and tenants trt ftmd of '
iCount : vide 4 Co. Tavemer's cafe, and ** putting difTereot oOpyholdf ttgethcf^ *
€ro. Elizi 72 ^« Dalton v. Hamn)cnd. It <* to avoid thefe a^ On the admiffioa
ti^asin the ]a(\ cafe C inter alia) refolved, ^' of the tenant, ttie lord ought to de*
** That if divers copyhofdsdefcend to one '^^ mand different fines i fo it is now
'' heir, the loid cannot demand cne flne ** &id he did, but it does not appear to '
<< tor thetn all, but he ought to demand '< on the record. Hrre are thre* oopy-
** feveral , fines, for pel'^dventure tlie '* holds i one rent unknown \ the fiBconrf, :
'< heir may aecept the one at the fineaf- *< one pound twelve ibiQingi>«n4 t^iv'*
'* feil^d, and refufc the other upon fuch <* pence ; the third, two (hillings. They
•« fines. It wis anfwtred at the trial ** appear to hlive been confolidaied, aiid *
■^ on>he part of the plaintiff, that the cb- <' one fine '(not fines as if confifting of
'* i;;dUon, if at any time valid, was waived " different fums) is affcffed for all j and
•«ihc
ASSUMPSIT general—For demora6*e«. «W9
'( die ftitlaration foOo^iit; ttut'^iflHT- ** (ot a'fine. Secondly, !t is anTwerecf^
>* nirii^ is wrong, for in fad thcte is not '* that defendant, by his teitikrof a groft
'( oec fine, but three, and U is oeceflary *- fum, hM waived the objt6bon ; biic
5< to Ipecify the dnes^ for the tenant ** the plaintiff muft prevail by the
J* may admit the reaibnablcneis of one, " ftfength of his own caufe, and not the
«• and not that of others 5 hot K thrown •• weaknefs of the adverle party. The
^ i*to hmdipot, be may be defeated, << plaintiff ougHt to have declared fepa-
*• thoqgb fooit wtrc qtresfimabte $ for tf ** rately fen* etch /ine ; .thus the 'defeii-
?< one wtt as much b^l^w Ihe mark as ** dant might objed t^ each, and the
^ the other above it, ifie ten^int mi|ht ** jury judge of tiie rearonaUencfs of
''not be atk to objcCt to the whc3e, ' <'eteh; ofherwife, ifond wastodm«ch«
*■< though he might well objcft to fome' « aiiU the other too fmall, the lord might
^* fe^rJtdy. But it is faid w«r may fe- •< fi>rG^ tlie untnt by tliia oonfdidatidii
«« lurt to the /eoond Count, which is oil '< to take fcrcral different copyholders
*' a general undertaking ; but the iame **-on one admtffion.'* Lord Dudley v.
'< objedkm holds there, for that Count , Coodier and Wife adminiitratriz.
^ docs not go for reafboable fines, but ' -
■
• That whereas tb'e faiJ A. B. on the eighth day of Se pttmber, ^ -^
A. p. 177s, to wit, at, &c, was the oWncr or mafier of a ccr- ^ mafteroTii
tain Blip called, &c. then bein^ in the riycr of Thames, and was OiipkMkien with
then aife pbfleffed of a hding otcoals, that is to fay, a lading of coals lying in the
coals of a certain quality x)T fort called Tanfield moor coals, then "^^^ Thames,
depoTited and bfttng in and on board of the feid (hip, to wit, at, jS^^wto^Sd
tie. and the fiiid A. B. fo betng owner tnr mfifter of <he fiiid (hipVparciuied the
and fo being poflefTed of the feM ladihg of edal^ therein^, ttwas af*- hding of coal*
terwards to wit, on the fame day and* year, at, &c.*aferefatd, <o betaken a.
agreed by and between the lard C. D.-aiW E- F. of the one part, J-y^jJh^wn
and the bid A. B, of the other part, as follows, that is to fay, thrt ^V^^^J
the find C..D. and£. F. had bought of the faid A. B. his faid did not take the
whole lading of the faid coals at thirty pounds ten (hillings by the refidue, where-
Icore, for each and every fcore of chaldron of the faid coals, and'**y plaintiff was
metage as ufiial, to be delivered from and out of the faid (hip, in ^^^^ ^^p^"
the fiiid river of Thames, by the (aid A, B. unto the faid C. D, J^*
and E. F. and to be by the faid C. D. and E. F. accordingly ac-
cepted, taken, and carried away in feven days then next following, ^ r> 'l
and that the price vf the faid cargo of coals (hould be paid as fol« ^ /%
lows, that is to fiy, on delivery of the faid cargo of coals one third
{MUt of the vahie thereof in cam, one other third part diereof in a
tioCe at (ixty days, to be dated on the day after the lieli very of the faid
flrip, to be payableto the order of die faid A. B. and the remain* ^ 1
ing one third part thereof when the duty for the faid coals (hould
become due at the cuftom-houfe; and the faid A. B, agreed to
pay the market dues for the faid cofals, and to albw the faidC« D«
and E. T. two poutids per cerit. on. the one-third of the (aid pric«
fo agreed to be paid \vi a note at (ixty days as«forefaid, if the fame
fliotiid be paid in caih on the (hip's delivery, a^d two pounds [xu*
cent; on ttie one-third of the faid pric« (0 agreod to be paid When
tile dmir tor the faM coals (hodd betome doe at 'the cuftom-hoafe,
if paid m time to (ave the difceunt on the (aid duty at the (aid
coitbm^hbule : And the faid intemeni being fo maae, (&c. mui*^
tua) t)rohiTfes) tuKl-^efiiid A.B. avefSf that he the (aid A. B. af«ft
ter the'making of the'*(kid agr^R^)it, and within 'the £iid (i»roa
tbys^dicn 'next feHotdng,* wts rc^y«nd-wiUiAg^o delirer thr
^*^ ♦ Seean%e, p; 15S,
whole
4ad ASSUMPSIT GENEkAL^toR DEA«6^a6^.
whck of the laid lading of coals from and out of the laid dii^'
in the iaid river unto the faid C D. aqd £, F. and did, dtir*
ing that time) deliver great part of the faid loading of coals from
and out of the (aid fliip unto the faid C. D. and E. F. an^
would during that time have delivered the refidue of the iat4
' loading of coals from and out of the (aid ibip unto the fiu4
C* D. and £* F. if they would have accepted, taken, and caf'-
ried away fte fame; and requefted the &id C. D. and K. F. to ac--
cept, &c. accordingly, to wit, at, he. And aitbough he the faiJ
A. B. hath always unce the making of the faid agreement, hither^
to well and truly oblerved, performed^ falfilled, and kept every
thing in the faid agreement mentioned and contained on his part
and behalf to be obierved, kc according to the tenor and effe<^
sruc intent and meaning of the laid a^reemeht^ ye( the faid C. O*
and E* F* not regarding the faid promife aAd undertaking fo by
them made, in manner and form, &c. in thi^ behalf as aforeiaid,.
but contriving, ice in this behalf did not, nor W6ald within fevea
days next after the making the (aid agreement,- ac^pt, or take
away the refidue of the faid loading of coals (although to pe/form
their faid agreement, and their faid promife 9nd tmdertaking ia
this behalii they the (aid C. D. and £. F. during the faid (evca
days, to wir, on the twelfth of heptember, in the year laft afore^
fiitd, and ()ften afterwards, to wit, at, iic. were requefted by the
laid A* B* but they to do the (ame wholly refufed and negledcd^
contrary to the faid agreement, and their faid promife and imr
dertaking in this behalf) whereby the faid A. B« was obliged
to keep and continue bis (aid (hiu, and the fame was thereby
detained in' the (^id river for the delivery of the (aid ^fidue of
the faid loading of coals for a long time, to wit, for the fpace of
twenty days over and beyond the (aid (pace of (even days, and
longer than the time (b agreed upon for the (aid delivery and acf
ceptance thereof as aforefaid; whereby the (aid (hip of theiaidf
A* B. was, during that time, incumbered and taken up with the
refidue of the faid loading of coals, and the Cud A. B- thereby
during that time loft, and was deprived of the ule and benefit q(
«j comir '^^ ^»^ ^»P* ^<>^**» *^ *^^- ^'^ whereas the Cud A. B. here
lli,\Tlctxpt^ tofore, to wit, on, &c. [State plaintiff to be foSkScd of (hip and
laf it. c<»ls as in firft Count.] And the (aid A. B. fo being owner, &c
of the faid Ia(l-menttoned (hip, and fo being pofl'eded of the (aid
la[ft*mencioned loading of coals therein, on me (ame day and year
aforefaid, at, &c. afore(aid} in confideratiou that the faid A. B.
at the fpecial inftance and requeft of the faid CD. and £• F.
bad fold to the faid E. D. and £. F. the faid A. B/s wbo)e loading
of coals laft-mentioned for a certain price, then and there agreed
upon between the Cud C. D. and £. F. ; and the (aid A. B. had
agreed to deliver the (aiid laft«mentioned loading of coals from and
out of the faid laft -mentioned, ihip unto the (aid C D. and £• F.
io feven days then next following, they the (aid C D. and E. F.
then and there undertook and faithfiiliy promUed the (aid A. B»
to accept utid take away the faid loadmg of coaU from the (aid
laft*iacntioned (hip aecprdinglyt wiUxin the £ud (even days ; and
the
ASSUMPSIT GENERM^.— Fon DEMORAGE. ^
die Eiid A. B. avers, that he the faid A, B. after die making of the
fM taft-memioned promtfe and undertaking, and during the
ygfhcle of the bid feven days^ was ready and ofFered to deliveri and '
would have^dclivercd. the whde of the iaid laft-mentioned loading
^ coals from and OMt of the bid ihip unto the faid C* D* and
£. F. and during the twH feven ifj% did deliver great part of the
find laft-menrioncd loading of coals, from and out of the faid laft-
oientroned (hip, unt« the fitid C* D* and E. F. and requefted the
ibid C. D, and £. F. to accept and take the* refidue of the faid
)a^-mentioned loading of coals, accordingly, to wit, at, &c* )ret,
<m. [a fimilar conclunon to the firft Cpunt, omitting any mention
of an aereement, and all^dging the demorage for ten days only.]
Aiid whereas alfo the (aid A. B« &c. as in lecond Count} in coq- |4 ^Mue
^deration that the faid A» fi. at the fpecial inftance and re*
Sucdft of the faid C D- and £• F. had fold to the faid C. D. and
)• F. the laid laft-mentioned loading of coals, fo laden in the (aid
)uil-mentioned (hip, for a certain price then and there ag?:eed upon
between the faid C. D. and E. F. and the faid A. B* and (bey
the (aid C. D. and £. F. undertook, and then and there fiiith«
jfiiUy prumifed the faid A. B. to deliver the faid laft •mentioned (hip
of her faid loading of coals in feven days then next (bllowing |
«nd fhe (aid A* B. fays, that although the faid C. D. and E. f.
after the making of the (aid laft-mentipned promife and under* ^
'^king, and within the faid time or fpace of feven days then next
following, did deliver the faid laft-mentioned (hip of her (aid load*
ing of coals, and might within that time have delivered the (aid
ihip of the refidue ot her faid laft-mentioned loading of coals, and
vifre requefted by ihe faid R. K. fo to do, to wit, at, ice. yeCf
&c/ did'npt iieliver the faid laft-mentioned (hip of the refidue of
Eei' fafd laftrmentjoned loading of coals, [although to perform^
&c.] but they to perform, &c. whereby, &c. [as in fecond
^ount. 1 And whcrea^ the bid C. D. and E. F. afterwards, to wit, 4ti& Gouu^
on the nfft of December, in the ye: r laft afortfaid, at, &c. afore-
(aicf, were indebted to the faid A; B« in fifty pounds of lawful, &c«
fbr \he demora^e' of ascertain (hip or vefTei of the faid A, B* by
thi^m the piid^w. D.' and £. F- before that time retained and u(ed
with dfi vers gobds» waires, ^nd inerchandis^es on board the (aid
)aft«-mentioned'(bip of veflel on demor^ge for a long time^ to wity
fior the fpic^^f tit^ ^yi then elapfed, and at the fpecial inftance)
&c and1>efng lb ilid^b^ed, &c. And whereas afterwards, to wit, s^GMi|
^c. in confideration t^t the faid A. B* at the like fpecial in-
ftance, &c. had befbr^ that tidie permitted the bid C. D. and
E. F; to'refain and ufe ascertain other Ihip or vefTel of him the
bid A. B.' with divers go<Mds/ 2(c. on board of the faid laft-men*
tioned fhip, or, &c. on demorage, &c. and that they the faid C. D.
and£. F. hkd, accprding to^hat pefmiffi'on, retained and ufed
the fame in manner laft aforebid foi' a long time,^ to wit, for the
(pace of ten days then elapfed,' they the laid C, D. and £• F.
4Se^ and there undertook, ice. to pay him fo much money as he
reaffafuibly defefVed tp have for the' demorage of the bid laft-
mendoned (hip, or, ice. when,&c. and the bid A* B« avers, &c.
thereof, &c« there had notice^ yet, ice. [common condufion to
the two laft Counts.] '' ' ' C li^UKKiKGTOK.
%%j^ NOTES AMij INSTRUCTIONS.^
it ivas payable, indwrjed iht hiU (vide poflea* as to the ^leceiSty ^
proving firft indofiement) to D. and that B. the acceptor had nodc^
<)f the mdorfcment, and became liable to pay the xnooey to D. aocordin^
to the tenor of the bil!^ and of his accepunce and of the indorfement %
and that being fo liable, he profbifed payment accordingly.
yo) If the hill is accepted by B. and he does not pay, and C. has
not indof fed it over, ana does not chafe to foe B. tne acceptor, but
h* the drawer, then you muH ihew the making and acceptance of the
Lill, and that at the expiration of the time fpecified in the bill for
payment the bill was fLcwn to B. for payment, and that he was
requefted to pay, and did not, nor has paid the money, of which A,
the drawer had notice, and thereby became liable to pay the bill to C,
the payee, when he (hould be thereto reqnefted; and being fo liable,
he promifed to pay the n(»ey accordingly.
i fD. the firft mdoriee fucs A. the drawer, yoQ mnft fliew the making,
acceptance, and indorieuicr.t of the bill, notice of the indoHement to
the acceptor, prefenting the hill to him for payment, and requefting
payment } thai he has not paid it, that A. the drawer had notice of it»
and became liable to pay to D. when requefted, and promife of pay-
ment, ss in the laft preceding cafe.
If any other of the mdorfees fue A. yon moft (hew the fame, as tn the
laft cafe, and ftate all the indorfements, notice of the feverai indorfe-
* ments to B. the acceptor, and the prefenting the bill to him, his refufal
to pay, notice to the drawer, his being liable to pay, and promife ; and
when you dicw that B. the acceptor has not paid, you mud (hew that
ncl.hcrof the feverai perfons who indorfed the bill before it c«me to
the plaia.ili !.^v.: p^id the bill ; therefore A. the drawer is liable upon
rCviueft.
\U) If an indorfee fues any of the indorfers who indorfed before it
came to the plaintiff, yon mail (hew the fame.
If the bill is indorfed before it is accepted, and the perfon on whom
drawn has lefafed to accept, and the drawer oj* any of the indorfees ]•
fued, you muit (hew the bill was indorfed the day it was made, and that
after it was indorfed to the plaintiff, he afterward^ to wit, on (ame day
and y.Mr, preiented the bill to B. on whom drawn, for acceptance^
ana rcqueileJ him to accept the bill and pay it, according to the tenor
of the bill, and of the ii}dor(enient^, (hat he refofed to accept the bill,
or pjy it, and therefore the defendant became liable to pay, aceording^
H the ttnor of the hill and tbt indorfements, and that defendant promifed
to pay accordingly. In this cafei you fay he is liable to pay according
to the tenor of the bill and the indorfmcuts ; bat if U is againU the drawe|f
or indorfer, where the bill has been accepted, and the acceptor has
refuf«:d payment, you (ay he became liable to pay n^jhcn reouefied^
For in tae firft cafe the bill is fuppofed to eome back to defendant
before it i& due, and that he &ys, ** Til pay yon the bill according
*' to the tenor," that is, when due, the ^11 not being due at that
time. In the other cafe, the bill does not come back to the defendant
//// after it is due,2LXi^ then he is fuppofed to promife to pay t&e mfuev*
wh^n plaintiff defires him to pay it, that is, when reqttefte4}
{d) Rufliton againft Afpinall, DougL DoosL %^ it is detrniuned, tSoc oq
63e. re()U;res cbc fame ceremony, refn&l to accqir, the dnwcr became
«&hcrv the indorfee fues the iodorfcr, immcdntcly liibie to pay, choosh the bill
alrf determines that the want of it is cnor, b« not due | fo I apprehend would any
and noc^rodby verdia. > tudoi^ir, by parity of ftaibii.
(i) By the cafe of Millard V. Mayor^ ""
/
NOTES AND INSTRUCTIONS. ti«
In the cafe of notes it is nearly the famci only there they are drawers
and indorfers that are faed as defendants,' for there is not any acceptor*
7 note biding where one man promifet to pay a fum of iidoney to ano-
ther perfon» or to his order or to that perfon, or to his order. Bat
bills, as before obferred, are drawn by- one man upon another* pay-
dlble to a third perfon or his order, or to the perTon who draws it or ^
Jim order, or to hu order only ; and when it b «ocepted,-h^ whodrew * ^. ^. i
it payable to himfeif or order, or to his order, indorfes it over to a .
third perJbn.
To bills of exchange the parties are liable by the law^ u(age» and * «
^aftom of merchants, therefore that Is mentioned in the declaratiotu
But notes are indoHible'and foable by indorfees, by virtue of an a£L of 3. ft 4. Amie^
rrllament or JIatuie ; and therefore in a dei^laration on a note it is faid, c. 9.
nafin tuhireof, and hyforct oftbefiatutt in fuch cafe made andfro^ide/^
the defendant became liable to pay ; and being liable, promifed pay^
toent.
A bt!l to piy out of Yiiz growing fuhfiftenee is not good within thtf \
caftom of merchants : ib to pay fo mcch money out of his rent.
joCceline and Laflero, Port. 281. It is more an amtborii^ thap a bill
of eicchange, Ch. J. Parker : and though ik be no good i>ill of •
exchange, yet if it be a good confideration to raife the exprefs pro*
mife upon, the declaration will be godd. There is no peceffity in a
bill of exchange to iay value received. B,yTt9 J. faid the fame. , And
it is not neceiTary to have three perfons to make a good billof exchange ;
ibr a man may draw a bill on himfeif; but it is ^ways taken to be
far a certain fumy and the party takes on himlelf to pav at all event s*
A bill drawn by a man upon himfeif may be confidered as tantamount
to an acceptance b^ him ; and after tender and refiifal by him of pay*
ment, an adtion will lie.
Lofd Mansfield held, that where a fecond, third, or other fttbfe(|iicot
indoHec faes upon a bill or note, you need only prove the indoHement
pf the payee and your next immediate indorfer ; batfiuller, J. contrSt
where you (Ute all yon mail prove all as ftated.
Qu. Where the acceptor, or, on his non-payment, Jthe drawer, on thf
bill with four or five indorfements bein^ (hewn for payment* promife^
payment, or does anything which implies an adminion of them^ doe^
not by that ivaive his right to objeA to your not being able tbprovfe
iheui ? See Sayer Rep. 223. Hank^y v. Wilfon.
-It is not absolutely neceflary to fay, ** fnper fe affumpfit,*' fbr the
law raifes a promife. Salk. 128. Mr. 214.
If a bill drawn tnveniy- eighth Decemher at two months it mnft fcleeni
be paid third March, allowing for the three deys ofgra§i, ^naft a biM
drawn thirtieth Dicejnher at two months 1 for in tac latter cafe, by the
dtftom of merchants, the two odd days in December imM hedfoppe^
•n the account, fcr the fake of unifirmi^. This is io coaidtxad by
jhe bankers theafelvcs.
Voul. <l^ pN
i«6 ASSUMPSIT GEKE&AL-^H BILLS (fr £ZCHAMa£.
On bills op EXCHANGE.
* •
INLAND. It DRAWER.
V. ^. 1^dtttlittwlier«i,ac the fcfwd and refpeaive timet he^^
r^ffir oil a, kitt (ncntionedy tbt faiil phiiiCtiF and dcfeitdanf, and alfo one A. B.
^H^*' ^ !Bvere pcrfona rcTidin^ j(c.. and toeing fo refldenCy &c. he the laid
^^^ plaintifF, on, &ۥ at, he. according Co the cuftom, flee, from time,
Ut. made hit ceitain bill of exchange in writing, hit own proper
hand being thereto rubfcribed, the uud bill bearing date, &c. then
ftnd there direfted the laid bill to the did defendant by the name
tnd defeription of, tec. 4 aiid by the faid bill then and there required
the faid dmndant. He* and then and there delivered the faid bill to
r the faid A. B. which iaid^bill of exchange the faid defendant after-
wMrdt) to wit, on, &c* at, &c. upon figlu thereof accepted, acconl-
in fUiliMfbda. ins to the faid ettftom,'&c. : anid the (aid piaintifft aver, that the
9^^ faid A. B. not having, at any time after the (aid acceptance of the
faid bill by the faid defendant as aforeEud, tndorfed aver or negoci-
ftted the &id bill^ jot ordered or appointed the money therein
fpecifiedt or any part thereof, to be paid or payable to any other
perfon or perfons whatfeever ; (he the faid A. B. afterwards, and
. after tiie end and expiration of the laid twenty*fix days in the ikid
bill fpecified^and thereby appointed for the payment of the thoncy
therein mentioned, to wit, on, &c. at, &c, (hewed and prefcnted
the faid bill to laid defendant for payment of the money thereto
jfpecified, and then and there required him to pav the fame to her
the faid A. B. according to the tenor and effe^ of the fiud biUt
and of his aforeiatd acceptance thereof | but the faid (pbtnti^) in
hSt further fays, that he the laid (defendant) did not, when the
fiud bill was fo uewn and prefented to him as aforefiud^ or at any
other time whatfoever, pay tothe faid A. B. the laid fum of money
In the faid bill fpecified, or any part thereof, but then and there
whoNy refufed and ne^Ieded fo to do : whereupon Ihe the laid
A. B* afterwards, to wit, on, &e. at, &c^ returned the faid bill to
the &id (plaintiflF)> luid called upon him for the payment of the
jWMiey timein fpecified } by reafon whereof, and of the afore^id
jciiflom and law of merchants, be the bid (plaintiflf) ^was after*
WMndi, to wit, on, tec at, &c« forced and obliged to pay, and did
pay, to the find A. B. the laid fum of, isc. in the £iid bill fpecified,
wheiMf the fiud defendant then and there had notice 1 by means of
which fiud feveral promifes, and by force of the aforeteid cuftom
and law of merchants, he the faid defendant became liable to pay to
• the faid ptaintiff the faid fum of, &c. in tht faid bill fpeci^ed, when
he the fitid defendant would be thereto afterwards requefted } and
being fo liable, he the faid defendant, in coiilideratiod Uiereof
aitumpfit accordingly. (A Count for goods fold and money lent
and advanced, had and received 1 account ftated ; and cobuhob
coddufion) (a).
{s) in imihr precident poft. sja* wltfi Mr. Ltnm''% OpiniMi,
. - . ON
iNlA^Ci i?r DRAWER. itj
f FOR tluit whereas the laid (plainti<F) heretofore, to wit, on^ brMtr v. At^
he* at, &c« ab6Q|raihg to the cuftom, &t; from ttmr, && imde^^^r on 9 biu
and drew, &e. tlj^faid bill hearing date, iic and theh and there ^<^P»y*t^«>
diraAed the Cud bill to die faid defendant I7, Ac. and by the laid ^ '''^d L
bill required the (aid (fefendar^t * after elate to pay to ^ turned* ^ io^
order of him the £iid phintifF tbe ium of, jic. : and the Mid phin^ dorfcc.
tiff averse that the (aid defendant afterwards, to wic, on, wd at^ad Count flat.
&c« upon fight of dte £ud bill, accepted the (4106 aocordtng to the .^ *^ ^ ^^
laid cuftom in that partfcular, and that the lame was afterwards, J)^''^** ***"
Kid kiefore fteyment of the money therein fpecified, or of any port tft owint Pites %
thereof, in duemanner,andaccoraingtathecuftom,&c. tntbatpar-- that the bUiw^M
ticular, indorfed over and negociated^ to. wit, at, &c. whereof the ncg»ciaicd and
laid defeiidaht there had due notice : and the laid phintiff in bBi.^''''^^ ^^
further laith, that the £iid bili of exobangeliaTrng been fo indorf^ 1^^^
ed and negociated as aforefaid, was afcerwards, and at the end and
expiration of the time appointed foi* the payment of the money
tiferein fpecified, to wit, on, &c. aty&c. uewn^and prelented to
the laid defendant for payment of the moiitfy therein mentioned^
according to the tenor, ice* of the laid bill, his aibrefiud acceptance
diereof, and tte aforelaid negociatron of the lame ; vet the faid.
plaintiff in fad further faith, that he the laid defendant did not;
when the laid bill was fo (hewn and prefented to him as aforefaid,
or at any other time whatfoever, pay the 'money therein fpecifiedy
or any part thereof, but therem wholly failed and made ddaalti
and refufed and neeleded fo to do, whereby and by means whereof
the faid bill of esCcHangeVas afterwards, to wit, en, &c. at* &:ci
and according to the Cuftom, && in that relped, returned tokhim.
the laid plaintiff^ and he the fiud plaintiff was then and there called
ttpon fpr, alid forced and oblieed to pay, the money therein fpeci-
fied; whereof the laid defenoant afterwards, tt> wit, on, &c. at,
&e. had notice : by means of which feveral promifes, and by force
of the cuftom and law of merchants, he the faid defendant became
liable' to pay to the laid plaintiff the faid fum of money in the £iid
bill named, on requeft^ &c. : and being To liable, &c» [affumpfit
accordingly.] ^nd whereas the faid plaintiff on, kc. at, jlc* ac- id Cdont ftatM
cording to the cuftom of meirchants from time, &c« made, &c as Uw bill wm ae«
before : which (aid laft mentioned bill of exchange the faid defen* ^^tt*So^^<>'
dant afterwards^ and before the payment of the money therein Ipe*
oifiedy or of anyjiart thereof, to wit, on, tec at, ibZi upon fifbt
d>ereof accepted, accordfaifc to the cuftom, &c« And the uid
p^^tiff avers, that he the uid plaintiff not having at any time be^
fore, or at the end and expiration of the time appointed for the
panrment of the money in the faid laft mentioned bill mentioned^
iddoried over or negociated the fame, or ordered or appointed the
money dierein fpecified to be paid to any perfon or perfjns what*
foever, the laid defendant, by force of the cuftom and law of mer«
chants in that particular, became liable to pay to the faid plabtiff
the. laid fum of money in this laft mentioned bill fpecified, accord^
ing to the nature and effe& of the (aid laft mentioned biU) or whepbe
Q,a the
JflS ASSUMPSir GENERAL.~On bills or EXCHANGE-
the faid (dcfciKlant) Ifaiould be thereunto afterwards requeSiedf
whereof the faid defeiidantf to vi(> at> &C there had due nodce it
and beinff fo U<ibley he the faid defendantt in cenifiderauofi thereof*
afteiwards, and at the eod and expiration of the time appointed for
the payment of the nptoncy in the faid lail; mentioned bill (pecifiodp
to wit) on, iic. 2tj &c undertook, &c. accordinely^-^tbe com-
mon Counts^ and then the following conclufson] Yet the faid de-
fendant, not regarding, &c. but contriving, Sfc. hath not yetpaii^
&c. although, &»:. and although the laid ^aintifFhath not, at anj
time fince the makine of the mi fecond promife and undertaking
aboire mentioned, indorfed over or negociated the fiiid biU of ex-
dianoe in that promile and undertaking menti<Mied, or ordered or
appomted the money therein fpecifiod^ or any part thereof to be
ftid to any perfon or peribns wfaadbevery but, &&
iiraiofr T. jSi^ FOR that whercas the £iid plamtifF heretofore, to wit, on, Sic;
**f'*^* at, &c* aixording to the cuftom of inerchants, made |ii$ certain
bill of exchange in writing, his own proper hand being therefe^
fubfcribed^ the faid bil 1 bearing date, &c. and then and there direded
tbe (aid bill to the faid defen^nt, by the name and description of,
&c. and by the faid bill required the (aid dsfendan^ two mondo
after the date of the faid bill, to pay to the faid plaintiff's order
f:i)l¥hit««. fifty-eig^ pounds (l) value dilivered in tmguei by bim Cud
ledwick, B. R. plamttff^ (2) ; which laid bill of exchange th^ (aid defendant after-
Sat.2sGco.111. ^i^2ri]^^ to ^it, oh, &c. at,&c. upon («)\yJjA/ tbimfj ac€eftii^
^^iJ' according to the ikid cuftom of merchants, whereby" the laid de-
JUym. X481. fi^dant became liable to pay the faid fum of mon^y in d>e fiid bill
Fort. 181. fpecified, according to the tenor, &c. of faid bill, and his aforeiaid
3 Mod. 167. acceptance thereof; and being fo liable, &c., (Promife 10 pay,
L. ^^88* **' according to the tenor, &c. of faid bill, and his afore&id accep-
4^m!^vZ\^^ tance thereof.) . And the faid plaintiff avers that he the (aid
3 Show. 497. platntilT has not at any time tndarfid aver or negociated the laid bill,
{%) Bur. 2671, but the fame is ftill in the hands and poilbi&on of him the laid
^7%> plaintiff, not indorsed over or negociated, &c*
Z X. R. 715'
M^fiHCf ad^. izt 1%. Beawes^ f. 266. ffl Ed. 453. MoUoy, b. z. c. zo. f. r6. Bcawes, f. 49^.
ift £d. p. 400. Marias zd £d. i». 13.
{a) Sce,B«yky en Bills of £xch«n|;c, or on bUb.ptytMje within ft timkcd wm
I7. wbert the. acceptance need not be lifter Jigbt,
ftatedy except in a^lions againildcfr^/or,
jDr«i«r y. ^f, LONDON, ffi Thomas Hodges complains of Anfelm Joncs>
€tpt9r of a hiJ] Jjeing in the cuftody of, &c. in a plea of trefpafe on the cafe, &c.
retained by ^ ^^^^ whereas, at Ae feveral and refpeflive times hereafttf
payee. mentioned, the faid Thomas and Auiblm,^ and alfi> one O. Short-
land, were perfons refidin^, trading, and uiiog convnerce within
this kingdctfvi>» 10 wit> at London afor^iaidi iu the pariib oft &c. 1^
• • ■ \ and
• ' INLa'ND, bt DRAWtH. 549
ftiWI being fo fe(t«le|it, trading) aod ufing commered^ he the (hid
Thomtfi beretofote^ to wit, on the firft of laimary A. D. 17S0,
tLtijondon aforefai4l9 •in.thd partfli and ward aforeTaid, according
to the cuftom of merchants frofu time immemorial uied and Bp-
{itoved of within this kingilom, piade his certain bifl-ef «xc4Yange
in writing, his own proper han4 being thereto fubfcri^ed, the Aid
bill bearing date the day and year afbrefaid, and then and the^«
4ireAed the did biH to jthe faid ^nfelm by the name and deferip*
tionr'of Mr» A. Jones, Sidenham, Kegt, and by theiatd bt!I re-
quired the faid AnTclm, twenty- fix days after date, to pay to the
laid O. Portland, by the name and defcription of Mrs« Short-
land, or order, eight pounds fix {hillings, for vaUe in account qf
him the faid Thomas Hodges, and then and there ^direred the
faid bill to tbe faid O. Shortland ; which iaid. bill of exchange '
the fai^ Anfelm afterwards, to wit, on the day and year aforefaid»
at London aforcfaid, in the parifii and ward aforcfaid, upon figh^
thereof, accepted, according to the faid cuAom of merchanits^
and the faid Thomas avens^ that the faid O. Shortland not
having, at any time aftef iht faid acceptance of the faid bill by the
,faid Anfelm as aforcfaid^ in^orfed over or negociated tht faid bill,
or ordered or appointed the money therein fpecified, or any part
thereof, to be paid or be payable to any.tother perfon or peribns
whatfoever, (he the faid O. Shortland afcerward^, and at the
end and expir^on o/the laid tvjrjenty-fix days in the faid bill fpe*
cified, and thereby appointed for tl^e payment of the money there-
in mentioned, to wit, on the thirtieth of January A« D. 1 780
aforefaid, at London aforefaid, in the parilh and ward aforetaid,
£bewed and pretented the faid bUl to the fatd Anfelm for payment
of the money thereii) fpecified, and tjiet^ and there required him
to pay the fame to her the faid O. Shortland, according to the
(enor and effect of the faid biil^ ai|d ^f his aforefaid acceptance
tfiereof : but the faid Thoqias in fa<^ further faith, that he the faid
Anfelm did not, when the faid bill was fo (hewn and prefented to
him as afore(aid, or at any other time^ whatfoever, pay to the faid
O. Shortland the iaid fum of money fpecified in the faid biU,
or any part thereof, but then and there rtfufed and neglected fo
Co do; whereupon (he the fajd O. Shortland afterwar<£», (o wit,
on the day and year aforefaid, at London aforefaid, in th't pari(l|
and w^rd aforefaid, returned the faid bill to the faid I'homas, and
calbsd upon him for payment of the monev therein fpecifted \ by-
reaf<M| whereof, and of the aforefaid cutiom and the larw of nier-
chanu, he the faid Thomas was ^^erwards, to wit, on the day
and vear }aft aforefaid, at I^ondon aforefaid, in the parilh and
ward aforefaid, foi'ced and obliged to and did pay to the faid O.
. (Portland the (aid fum of ejght pounds fix (hillings ii^ the faid bill
^peeifiiedy whereof the faid Anfe|m then and there had notice : ' by
means of which feveral premifes, and by force of the afonrfiid '
^iiftam and the \zw of merchants, he the dild Anfeln> became
^|t to j»f to (be fiud Thm»s' the -faid ^ pf ei|lic (towidt fu|
0,3 fluUin^
aj9 ASSUMPSIT QENE&AL.— Ok BILLS drEXCHANGS.
fiiliipgji in the (aid bill Specified, when he the bid Anfefapi flmpM
^ 'therefb afterwards rcqueftcd ; and beinc; Co liable^ be die 6i4
Anfeliiif in eoc\(ideiratiohtbtreof9 afc^rwajxtoi to w^ti on ^ dar
and mt laft aforc^a^ U Jx>ndpti aforeiaid) {tt tbe pariCb anif
, ward afordaidi uhderti^ i^id fajtb^utly pfQmj^ (he fUdTbtf>nns
Spay bim |:|i^ ^d (urn of ei^ht pounds fix (hillingf in the (aid
1 fpe/:ifieii» srtien l)e the faid Anfclcn (houid be thereto after*
. wards reqiiei^ed. (Aifd two Counts fo( gooas fold and delivered;
. pne t^T money la&d oift and money lent. 2c^. b^ af)d receisred ^
isccoontftatedi and common conclu&on.)
V. l^Aww.
If it wcrs MC ^ a nM«ni dettrmi. }t t|M prcjbBC pl^indflr ? HciiiMt A«|»r,
fittioa (4) agani^ 'mc, I ihoald ^ in* KtckuA; tliere il another tacptifyif
icUncd to think the firft Count of this Dc- pointed by tuine, i. e. Afn. ShortJaad |
tUratibli fubftantiJtny biid : nor c'in it (n neither m he inJorfet, for Mrs. S^hartl«»4
tMly idamier be fupported ^at upon the hal ykcverneS()tlat<idtlW biU. But wIk*
cuAomof mcrdi ot«, which, however (her fhe Count upon' the bill be good or
fOBvcolentv it tertiun^ ropugnant to fhp bad, it may certainfy ^ ^ven in cvi-
tenor of the contrad: for, upon the ^cto denpe, upon either of the ooromon
of the bill, who'aretiiepericnsto wliom dounu, fof m^ney 'paid, had» atwl r«-
It It to be paid. anU 'in what capacity ceived. or'UpOh the :^cct>ttni ftated*' in
Miuft tlley refpeOirely claim ? Ccrtanlf, cafe the pUtntiiT (hall be uttlblr fO prore
IM p^Lyee or iiidcifee. Now who or what the fa^ of the acceptance, y. LA^rk t.
(^) SympDdi|f.PbiiMf(ter,ash4 Barrow, «. WJf iS^,
pr^amp ▼. j^^ MiPPLESEXt Jf' Samuel Agar coffiplgins «£ John Maj,
^tfim of a bill beffig, &c. for chac whereas the fajd Samue) Agar heretofore,
main^ by i«. ^^ ^^^ ^ ^j^^ f^^^ j^y ^( January A. D. 1782, at Weftmtn-
^jte 01 payee. ^^^ .^ the goUnty of Middlefrx aforefaid, according t^ jhe Citf-
torn of mercbattts from time immemorial ufed'and ^pprwedit
within this kingdom* nifde hi^ certajn bill of exchange in writ-
ings his own proper hand being thereto fubfcri|>ed, and the laid
. bill bearing date the day and vesu* afoieiaid, then and there direc*
ted to the fajd John May, py the name f nd' defcripttdn c€^ jcc,
and by the (did bill requetlcd the (aid J. May« fevtfi dtry's afier
thi d$U 9f tbf/aij iilLt t9 p^y to fhe Miebdtl I^atm n •rder the
fitm of^ff^9unds 0ml five fiibinii^ and then aikl there delivered
the (aid tiU'tdthe jkid M- Keame : and tjie faid ^uet Agar
IITprs, ^|ia( although the faid John May afterwards, toi drit, m
tht day and vear tforeftid, at Weftmtnfter aforefaid, accepted eke
aforeiaid t>i)^ «>f «)(ctiange, accordiftg to the faid i\l&6xa of mer-
chants in tkat pa^icuiar \ 4nd although the (^jd bill of exchan^
was aflii'Mbrd^y and aftfr tkjiend s^d expiration of the (aid fe^eq
days therein meniioneo and t|ie(cby appointe^l for the pliyitient <^
the money thercih fpcciiied^ lb Wit, on the fourteenth day of
January }n tb<$ year 1782 ^forefaid; at We^nMn^er aforMid,
ftcwii'^d preiented td bim fbe (aid J. May fjar paymeni of thcf
money therein Specified, according to tbe tenor and effc^M'lhe
\ (aid biU« and hi» ^forcfud a^ceptanc^ U^^^^i 7^ be t^ (ipSd
J - -« ■ tf .. *'-• >«,■•«' .1* ». I -v. •t.^i •* ^aaa*ti#4
«lvl
INLAND, BY DRA^V£R. Hit
SiiiMttl Agtr in fiid furthor fiuds that he die find John Mpf £i
notf when the fkid bill was fo (liewA and prefrnted to him as afeie*
fiiid, or at any other time whatibevcr, fiay the money therein
Ipedfied, or any part thereof, according to the tenor and ^/Mt
of Che faid bilU and his aforcfiiid acceptance thereof, hut thetfein
whoHy 6iled and made default, and refuled and negldfied ib to do ;
whereby and by means whereof the (aid bill of exchanfe was after-
wards, to wit, on the day and year bft afbre&td, at Weftminfter
afbreiaid, and according to the cuftom of merchants in that re-
IjpeA, returned to him the faid Samuel Agar, and he the fiiid
Samuel Agar was then and there called upon for, and forced and
obliged to paVf the money therein (pecified, whereof the &id John
May then and there had notice ; by means of which ftveral premi*
fee, and by force of the afbreiatd cuftom and the law of mercfaams,
he the faid John May became liable to pav to the £dd Samuel
Agar the iatd fum of money in the iaid bill fpecified i and being
fo liable, he the fiud John May* in coniideration thertof, after*
wardsy to wit, on, fcc. at, kc. undertook, tec. the (aid Samud
Agar to pay him the (aid fum of money in the laid biU ipedfiedf
•when he the fiud John May (hould be thereto afterwards requefted,
i Money lent, money laid out, money bad and received^ acoount
ated ; and common oonelufim*}
>
FOR that whereat the iiid pUolaiFheretDlbre,^ to wtt^ on die Or^mr v. 4*«
Air^^firft of Odober A. D. 178^1 at London aforefrid, in the <^«»' of s bin
pariili of St. Maryle Bow, in the ward of Cheap, accoiding to n^P^^^*^^
the cuftom of merchantt from time iomiemorial ufird and approv* ^ ,*^ >^f j
ed of widiin diis kingdom, made his certain bill of exchange in b^M^^^^
wrinng,. his own proper hand being thereto fubicribed, and the id coam ibies
fiud b$ bearine date the d^ and year aforefaidi then and there tt^t the wuw«
direfied to the JfiA defendant by the name and defcriiMion of Mr, i**fecia<«d aad
Itichard Roberts, No. jZy Houndfilitch, and by the find bfll re«> !!SS|!^^
quired the fiud defimbnt^ three months after the date of the 6id b/ mSLm*
btU, to pay to the order of him the fiud platntifF, the finn of fifty
pounds vaiue received ; and the iaid plaintiff avers, that the fiii4
defendant afterwardsi to wit, on the day and year aforefiud, at 5rc,
afcrtfiud, accepted the afiirefiud bill, according to the cnftom of
merchants in that particular, and that the fiime was afterwards^
and bcfcre theiuiyment of the money therein l|>ecified, or any part
thereof, in due manner, and according to the cuftom of m^<»
chanu in that particuhr, indtrfod m/t smd mgqciaii^ to wit, at
London aforesaid, in the partih and ward aforefiiid, whereof the
feid defendant had due iiotice ; and the.fidd phintiffinfa^ further
fiudi, that the bid bill of exchange having been fo indorfed aiH}
fMsgooatcd aa aforeCiid, was afterwards, and ar the end and e^T
praiion of the time appointed for the payment of the money tbcie*
loipecifieJ, towit, oothethiidor Febraary A»]>. 1781, at,te^
^efiu4i %tmn and prcfimiedito the fiud defeodantinr mymcnt
W^ ASSUMPSIT GEN£RAL.-^K BII^Lg dr EXCHANGE.
At mmief th«retit (p^fied, icconiiog to the ^enor ni[ii ^SMt
oithe ikid biU, his aforefiMd aooc{»eance thereof, aiid the ^fmeOkii
negociatioff of the fame; yet he the bid piaiiuifF in fuSt further
faidi, that he the faid defendant did not, when the fatd bill was fo
fb^wn and prefeoted to him as aforefaid, or at anj other time
whatlbever, pay the mbtiey therein fpecified, or any part thereof.
' J>ut therein wholly foiled and made de^ult, and refiifed and iieg«
-kifted 6> to do ; fyjiereby, and by meani whereof, the bid bill of
enchaiige was afterwards, to wtt> on the day and year laft afore-
tlld, at London aforefaid, ini &c« aforefaid^ and ficcording to the
i^ftOm of merchants in thft refpedf returned lohimthe feifi pkin-
' tifft at«l he the faid plaintiff was then and thcffe eallod upoa fer^ an<|
forced iod obliged to pay the money therein fpecified» whereof be
the frtd defendant afterwards, to wi^ on, ^c. laft aferefaid, bad no^
fice^ to, wit, at, &c. afocefaid: by means of wliich faid feveral
Jronifea^ and by force of the cuftom aad the law pf merchants^
IB the Jiiid flefendant became liable to pay to the faid ptaintifl* the
laid foin of money in the faid bill mentionedi upon recjueft t ainl
td CSMmt ftitei jjeing fe liable, &c« afiumpiftt aorordingly. And whereat the 6aHl
t!^timZt^^^^^^ the fajd thirty-firtt ofOadber |ii the year 171(0
^^ * ' "'Pr*'' ifcceiaiily at| i^. aferefidd, according to the cuftom of mefchtots
from time immemorial ufed stnd approved of vrkfain this kitigdom^
as in firff
which fai4
made his ceruin other bill .of exchange, &c &c.
Count, till yo|i have fet out the bill, then go on thus]
^i of excmnge the find Afepdanc aft^wdrds, and beft>re |iie pay.
. foent of the money therein (peeified, of of any part thereof, tl^
wit) on the day and year laft aforcfaid, ar, &c« afbreiaid, upoa
^igbt tbeD«of accepted^ aeccM^ing to the-cuftoin, jkc. : andtbe fai^
plaintiff avers, that the iaid plaintiff n$$ biroh^ai mty $it^ before
or at the end and expiration of die time appointed for the p^qfoient
• pf the money in the iaid laA mentioned bUI fpaaified, md^rfei nM^
ar HigBcim^Hf the fitme, or ordered or appotnttd the money therein
. 4>^cified td be paid fo any perfon or' perfons wbatfoever, the larii
(fefeadanty by force of the cnftom and the laiw of mercbtnta' tf|
that particiilar, became liabk fo pay ^ th«*ikid pl^insiff the hd^
lum of mdney in the bid Ja|b m^ntkiped biU.ipecified, wl|eret]^
the ia|4 <de^Hidant) had d«e notice; anAi>0ing'fo)itble, he the
tUd dafnidaat, in cqn&deration thcreoi^ afoarWfu-ds, and at thfr
f nd and txpunation 6( the tioie appomt^ for .the payment of the
money in the faid laft mentioned biU ^)ecified, to wit, on thethird[
day ofFebniary A.D- 1781 afbreiitd, at^ipc. aforefaid, under*>
took, &c* to pftT, upon requeft, &c. (money kad ootf &c. mone^
hAd and receiveo, and account ftated) : Yet the faidtleVendant, not
Oondorimi. f«g|idtag^ J^c. but comamog, &c. hath not ad.yet paid, &^. {til
though to to do this the ^oA dffBwhnc* was reouefted by the fiiM
{daiAttff afterwards, to wit, on, &c. and^ftenVfterwaniSj to wi^
«tt Ice. afiore&id \ tni a|thoB|;h the iaid phdntiff hath not; at ah|^
jciii)e fince the ttuiking of the iaid fecond pcomife i^nd undertaking
«bov« meoiioned^ inooiHsd over or negociated she .fail bikl «f est-'
« iDhjMi|;c In ihatproinife and u|i4eital^ing mentioned) or ordered or
. jppouiiad the money tberetn Specified, or ai^ part tbenof^ to be
paid Co any paiibn or perfqna whaifoevarO biit be the bid deka^
. daoc to 4o this hath hitherto wholly refufed, and ftill retafes ib (p
llo^ 10 the &id plaLatifi'his d^oia^j^ oft ifo* $uit» ifCm
LONDON, f E.J. P. T. G. aiid &. K. ;^gnees pt the Airumpfi^ !q
4ebts, goods, and effefls which were of John C« furviying pan- B.R.bycheAf.
.oerof JameaC. deceaied, htir^g SL.ianirupt accor^iing to the forai ^snecto£a>r.
aad effe£l of the feyaral fiatutes tn^de and now in force concern- h^wZS^J^^
ing hankrupu, complain of T« Wf .^ng* &c« of a plea of crcf- its of a' bill «f
pafs on the cafe } for that whereas the /aid J^mes and John C. exchansei a*
which faid Jamea died befom the bankruptcy of the (kid John C. S9'^'^ ^^c^^.
leavin|tbe laid John C. bun (ncviving^ in th^ Ijfeiirac of bim tbe a^i^J^i^iS!
iajd Janiea, and befpre the (aid John ^.1>ecaaie bankrupt, ao wk, ' D«v>ci«Mr
on the fourth of June A. D. ^VMo ^^ London aforefaid| to wit,
in the paf i.(b of f.t. Mary le £ow, in the ward of Cheap, accprd-
jsg tQ tbe cuftOQi of mercbants from tune iinnienK>rial uied and
approfed. of within this -kingdom^ 9iade ^ cert^^n bill of o^changp
|n ^fitiogi the pfop^r baod^if one of them, oa their (3} joint ac- (3)LMdltJ7iiu
covntp and in their (3} copartnerfliip ftyle and firm, ^ to wit, i7S- M4-
Jamca^nd John C.) bei^g thereto fubferibedt bearing date the '^^^S* ^|<^
day and year aforeiaid, and then and there dirc^ed the faid bill to
the ^d Tbpqiaa W^ by tbe- naine and addition of Mr. Thomas
W. 361 9^rnbiU, ^od .thereby ref)uire4 tiie faid Thomas W. '
^.tbr^e m^cHhs after dale,, to pay to their order twenty-fi^e pounds
.ihirAnen ftiUinga aad fixpence, value received of tbe laid Jamai
,fad John C« which lie the faid Thomas yf. afterwards to wil,
.pn tbe day and year ii^refaid^ at L- afore&id, in the parifli
and ward a&>re£iid» upon (igbt thereof, acc^tted, according tp
file faid ctfftom : ^nd the &id £nos John, Thomas G. and Rich^
ard, aftginees as aforefaid, aver, that the f^id bill after wardsi aii0
before tbe payment of tbe money therein Ijpecified, or any part
thereof was in due mafmeri and according to the cuftom 01 mei^
.pbams» ii9d$rfgd and tnt9ciaud^ to wit, at' L. aibrefaid, in the .
parifliand ward aforefaid j and that the iaid bill, having been fo in*
jJoried and n^ociatod as afere(aid^ was afterwards, and at the tti^
jund <xpiiation of the time appointed by the &id bill for tbe pay*
jpient hi the money dieretn 4>eciiied, to wit» oa the iieventh of
;^teinber in tbe year 1784-aforeiaid,- at London afi>re£iid, in tbe
pariibstfid ward aforeiaid) ihewo and prefented to tbe fiud Thomas
w ..&«' ^yment of th^ money therein (pecified^ according to the
Aid ottM^m, and the iiiid Thomas W* then and there bad notice of
•tbe iaid indorfanent and negociation thereof, and was then and
there req.«ired to pay the (aid fnm of money thtrein ipecifted, ao-
jDording to tbe tenor and tSkOi of the £iid bili| and of bis faid ao-
f epiance theseoi^ and of the faid iodoriement and negociation of
.fhefinaei but that the laid Thomas W. did not, nor would at tbe
!f^ time when tbe fiM bill was fo (hewn and prefented to him for
.oayment tbenqf as ifofntoif or at anjr lisic after^airdsy pay the (aid
'd^
ASSUMPSIT
.--Oy BILLS or I JCCHANGEL
'Kim of money dierein fpecified, or inj part thereof, but whbDjp
'fefufed and negleded fo to do s^pMRT thereupon the (aid James
ftnd John C^ in the lifetime of the faid James, and before the
faid John C. became a baniuupt, as drawers of the fiud biM,
by reafon of fuch negleA and refufal of the faid Thomas W.
as afiMre(ajd« were, afterwards, to wit* on the firft of October in
the year 17S4, at London afbrefaid, in the parilb and ward afore-
£ii^ forced and obliged to, and did then and there neceflaril^ pa^
to the holder of the faid bill the faid fum of money therein fpeci&>
ed I vifhtrtof &e faid Thomas W, afterwards, to wit, on the day
^nd^jrear laft afore£tid, at L. aforeiaid, in the partfli and -ward
aforefaid, had notice : by means of whidi faid feveral premtfes, and
by force of the faid cuftom, and by the law of merchants, the iai4
Thomas W. then and there became liable to pay to the fidd James
and John C the fiiid (uiS of money in the faid bill fpecified, wben
he the faid Thomas W. ihould be diereto afterwards requefted i
find being fo liable» he the laid Thomas W. in conffderation there*
ef, afterwards, to wit, on die day and year laft aforeiaic^ at Lr,
aforefiud, 10 the pariih and ward afore&id, undertook, and faitfav
fiilly promiCbd the (aid Tames and John C« in the lifetime of die faid
Jaqies, and before the uid John C. became bankrupti to pav them
die faid fum of money in the faid bill fpecified, when he the laid
a bS^*'i^ Thomas W. fljould be diercto afterwards requefted. And whereas
cj^ed. ^ ^<i James and John C. in the lifetime of the (aid James, and
before the faid John C. became bankrupt, to wit, on the fourth
day of JuneMn the year 1 784 aforeiaid, at L. albrefiud, in the
parifh and ward aferefaid, according to the cuftom of merdsants
from time immemorial ufed and approved of within diis kingdoqi,
made a certain other bill of exchange in writing, the piioper hand
of one of them, on their joint account, and in dieir copartnerfliiQ
ftyle and firm, (to wit, James and John C) being diereto lub.
fcribed, bearine date the day and year laft aforeCiid, anddien and
there directed the faid laft mentioned bill to the faid 1 homas W,
--by the name and addition of Mr, Thomas W. 36, ' CornhiH, and
tnereby required the &id Thomas W. three months after datt^ tci
pay to their order twenty*five pounds thirteen ihillings and fix-
pence, value received of the (aid James -and John C« which laid
Jaft mentioned bill he the faid Thomas W. afterwarjds, |o wit, oni
the day and year laft aforeiaid, at L* afere&id, in the parifti an^
ward aforefiiid, upon (ight thereof, accepted, according to die (aid
cuftom: and the faid Enos John, Thomas G. and ^icterd, af^
fignees as afore&id, aver, that the iaid laft mentjo^iad biU nm^
having bam ft any tim$ inJ$rfeJ and negHsatiJ for the payment of «
the money thcfein fpecified, ordered or appointed to be made tq
any perfon or perfons whomfoever, the ^id Thomas W, by fiicvii
of the faid ^ftom, and by the law of mer4i)ants, a^wartt, and
at the end and expiration of the time appointed by the fiud laft
mentioned bill for the payment of the money diertin fpecified^ t«i
wit, on the faid feventh of September in the year 1784 aforefiiid^
at L. aforeiaid, in the par)ft|-sui4 waid ttforciaid)^ becayqe' liable tp
. |Kgr the fiuw to line fiiid James and John C. in tholi&tioie bf tht
pa James, and before the (aid John C. became bankn^ciwhert^-
of the (aid Tbopias W. afterwards* to wit, on the day. and voar
bft afore(ai4, at London aforeCud, in the parifli aod ward aforop-
fiiit had notice^ and being (b liable, he. the Ciid Thomsis W. in
conftderation thereof, then and there undertook, and faithfully
Jfomifed the (aid Jaipes and John C. in the lifetime of the faid
ames, and before the (aid John C. beicame bankrupt, to pay
fhem the bid fuoi pf nyoney in the faid laft mentioned bill fpeci*
fied, when he the hid T^ W. (bould be thereto aftervrads re-
quefted, ( Add ^ Coiint for work and labour^ and quantum meruit. )
Yet the faid Thomas W. not regarding his (aid feveral promifes Conctufion \f
and undertakings f^ by him made in manfier and form aforefaid, '^Jfi^ of*
but contriyii)g ai^ fraudulently intending craftily and fubtilly to ^"'^^^^J^
deceive and defraud the (aid James and John C m the lifetime of "^ ^'"^'^
the (aid James, and the faid JohnC. furviving partner as aforeCud,
after the death of.^ (aid James, and before the faid John C* bc^
pune bankrifpt, and the (aid £nos John, -Thomas Q« and Richard,
affignees as a}bre(ai4i flRce the bankruptcy of the (a\i John C- in
(his behalf hath not paid the (aid feveral fams of money, or any '
part thereof, to thenu or any or eith^ of them, (although to pay
the iame he the (aid TThomas W* was oftentia^es requefted, as well
by the (aid James and John C* in the lifetime of the faid James,
as b V the (aid John C; furviving partner as aforefaid, after the
death of the faid James, ^nc) before the (aid John C. became
Dankrupt,and a)(bby the(aid Enps John, Thomas Q. and Richard,
affignees as afore(aia, (tnce the bankruptcy of the faid John C. to
>rit, on die firf^ of I^oven)ber A* D- '7.^5* to wit, atL.afore(aidf
jndie Dan(h aqd ward afbrefaidj but to pay the fame, or any part
diereot, to th^n), or any cnr either of them> he the faid Tnon^as
, W. hath hitherto wholly refused, and ftill refufes, to pay the (ame,
to the damage of the uid Eikm Jotin, Thomas G. and Richard,
affignees as afore(aid, of eizhty poui^ i aq4 tberefoie they bring
m«5C P|e4ges,^,
** an4'' ward rfCht^A <« i^foreikid;?' the (aid Kaac, whq then and
there c^ried oo trsufe and comm^rfe under ti^e ** faid'* ilyle and
firm of H. and T. according to the ^ (aid" ufage and cuftom of
merchants' frm time irnpumorifll ufed a^ afipir^J rf within this
iingdmh nii^ a ^ruiii ^o^r'' bill of es^chai^ in writing, fub*
(bribed^ wi'di h^ own Proper hand in the ftyte or firm afore(aid,
faring* date thf day ana year ^ laft" afore^d, and then and there
(«} InMlmCMflloavttlif woic||wUhailoverts4GoauiuH.
• ' ' direacd
n< ASStJMPSIT &ENt:llAL;-.Ok KltlS o» ttCHANGE:
tforcffid, bpon the faid icknimiSiy hr the name and ideflp^ia
tJl^ ice* and fif^reby required the (ai<l defendants) three weelrs aifter
the date thereof, to pay ta thi ordir rf bim th€ fold flaintiff^t^
ven pounds Value, 'en account with him the fiiid plaintiflF; n^hich
faid bill of exchange be the fiud Qmrla fir hii^elf^ dHt thfgid
7iomas in tbdt hthalf^ ajterwards, aild before the t^e appointed
for the payment 6f the money dierein mentioned, eo w'ft, on, &c.
at, &c. duly 4iiipted^ according %h thecdftom of merchantty Ifor
payment of the money therein metitio^d, accordii^g to the tenor
and effieAof the faid bill \ whereby, and by means o^ whith (aid
ftveral premffiss, and according to the faid euftom tai the hw of
merchants, they the faid defendants became liable to pvf the (kid
Aim of mortey m Ae faid bill o( exchange mentioned, accoi'ding
to the tenor and efFed of the faid bill : and the fiiid phthttff avers;
ihat the faid Jame$ did not-, at any time before, nor at of after the
time appointed by the faid bill for payment of the m6n^' therein'
mentioned, Mcrfi the fame, or order the contents thereof lb be
paid to any perfon or peribns whiBit(bever| to wit, Ht, &e. whereof
they the faid defend<fnt$ afterwards, and whilft the faid bill was'
ttnindorf<d, to wit^ on, &c. there bad notice : in confideration of
^hich (aid fevefal prcmifcs, they the faid defendants afterwards,
to wit, on, &c. at, jtc. endertook, and then and there ^ithfuUy
promiied the faid pIsintitiT, to pay htm the (aid fum of money in the
(aid bill mentioned, when they the faid defendants (hoi^d be diere-
«(! Cdtmt^ tinU un^^ afterwards retji^fted. And where^ the faid plaintiff hereto*
ing aa accept* fore, to wit, on^&c. at, &c. according to the cuftomof merchants^'
aacc (eneraU/. riiadc and drew his certain other biH of excbanee in writmg, bear-
ihg date the day and year aforef^rd, upon the uid defcskbuits, by
the name and dsfcriptfon of> itc. and thereby required the faid
defendants, three weeks after the date, to pay to the order of bimf
the f<Md phintifffeleven'pounds value, 6n account with htm the
fiiid pMntiff} which fdid laft mentioned bfll of exchange after-
wards, and before the time thereby appoimed for the payment of
the mcnev therein mentroned, to wit, on, &C« at, Itc. was duly
s^cepted oy and on behs^ of the fard defendants/ according to die
faid cuitom ; whefeby) and by reafon 6f which &id (everal pre-
mifes, and ac^cordinlg to the cuftom and by tRe law of merchants,
they ^e fai^ dcfend^te bccaine Habk to pay the £iid fum of mo«
itey in 'the feid laft-mentioned bill foecrfied, according to the te^
nor and cfft& of the faid biH : and the ^id pbdnliff avtrsi that he
the fUd plaintiiFdid not at any time before or after the time ap«
pointed by the fidd bill for the payment of the money theran fpe-
cifiedy indorfe the faid bill, ot order the money .therein mentioned'
to be paid to any perfon or pcrfons whatfoever, to wit, at, &c«
whereof the faid defendants afterwards, and after the time ap«
pointed by the Taid laft-mentioned bill for payment of the money
fpecifiedi arid whiHl the faid lall-mentioned bill was unindorfbd,
Jo wit, on, &c. at, &c. had notice: in conixderation of which
.fold feveral prei^fes^ they the faid defendants afkenrsr^ tv irtt.
os^
« ■-• m^ \
INLAND, tt DRAWEll* m
^ ftc; ftt^ ftc. vodertook, &c. &e. (Add Counts for goods foU,
Ik. I common money Counts ; and common condufion, with this
addit&oiu after ftating a requeft) : And although the faid plaintiff
iuifh 4101 at any time finco the making die faid promifes and
undertakings in the £ud firft and fecond Counts above mentioned^
iadorfed over or negoctated the faid bills of exchange^ or titber of
them, in tfaoft promifes and undertakings mentioned, or appointed
the money therein, or in either of them fpecifiedi to be paid tt>
any perfon or perfons whatfoever, but* &c. &c.
T. Barrow*
AND whereas the laid Thomas, on the behalf of himfelf and t^ec^9ntt\an by
die (aid Charles his copartner in trade, by one G. Smith, their f^^^'^ ^
(a) ftrvant in that behalf, on the tenth day of February A. D. ^changedrawii
17931 '^ London, to wit, at Weftminfter, m the county of Mid- hy^C^trkhyft^,
diefex, according to the ufagc and cuftom of merchants, procured, atratna of om
to be drawn and made their ccruin bill of exchange in writing, ofthec^pwtMr^
bearing date the day and year aforelaid, uport the faid Thomas ^^^^ '^^^
Fauldingf by the name and defcriptton of Meflrs. Thomas Fauld* ^^^er, but^
ing and Ca Coventry-ftreet, and thereby required the faid Thomas drawa «])oa m
Faulding to pay to the order of him the faid G. Smith, fix weeks under a firm, to
after At date of the (aid bill, feventy-two pounds fifteen Ibillings W ^ ^^^J^^
and fix pence, value received of the laid Charles and Thpmas Tat* ^^ ^^i^y '^
lock J which £iid bill of exchange he the faid Thomas Faulding af* biUc of Ex-
terwards, to wit, on the day and year afurefaid, at Weftminfter amre- change, 54.
iaid, in the county aforelaid, according to the ufage and cuftom of C') ^^^ Raym.
merchants in that particular, accepted -, by reafon whereof, and by !^' ^^^^*
force of tW cuftom and law of merchants, the faid T. F. became ,,^ Moi^cd4. i
liable to pay to the faid Charles and 1 homas Tatlock the bid fum Comb. 45*.
of money in the laid bill fpecified, according to the tenor and ef- »• M<^' U^
fed of the faid bill^ and of his ajfbrefaid acceptance thereof; and '^' ^^^ *'^
lb liable, &c« ^ailumpfit accordingly.) T. fiAaRow.
LONDON, ffl, H. P. late of London, merchant, was at- pectaration bf
tached to anfwer T. S. in a plea of trefpafs on the cafe, &c« and original on a hJl
whereupon the faid T. S* by A. B. his attorney, complains, that ^^ cxciumge b/
whereas the faid H. and L. 6. late of London, merchant ; whith ^••^ ^- -*-
faiil I. hy dui proce/s o( law, had in tbi court of thi hid Urd th ^2t, on*^.
iing^ biffre the king bimfelf^ was outlawed, and^il/is autlmoed^ ing aotiawi^
at tbejuit of^ thejaid 7** in the fame pUa^ as by the record thereof , payabk at Ma.
tifW remaining th the faid court here in full force, man fulh ap^ ^'*^» ■"** P"*-
feofs, 6a the firft day of April A- D. 1742, at L. to wit, in '^^.l*!''!""^'
(he parilh of St- Mary-le-Bow, in the ward of Cheap, was in- pg^ y^ ^^
debCed. (Counts for work and labour, and quantum meruit ^ mo* interefi, arc
ney Jaid out and expended, lent and advanced, had and rcceiv^*) ctuugc^ ste.
And whereas the laid J. on the twenty«>eighth day of June A.D.
1749, at L. afprefiud^ in the parilh and wafd atorefaid, accord*
4as CO the u&ge and cuftom of tncrchantsy made his certain bill of
, axchange
i4e ASSUMPSIT GlNEllAL.i-^ JttLti of EXCHANGE.
exchange in writings his own hand beii^ theminto Afb&ribe^
bcarine date the fame day and yeart and oTreAed the faid bill* e^
the faid H. and L. then being refident and ofing commerce ae
Btlboa in foreign parts to wit, fn Spain, and tl^by reqaeAed
the 6id H. and L. at u/anct^ to pay that his (irft bill of exchange
at Madrid in. Spain aforeiaid, to the order of J. £• Clive and C^
dollars 4o:x) in gold or filver, as to the exchange knowh to dieni
that day, value in account with the fai3 gentlemen as per adtrfcef
which faid bill of exchange afterwards, that is to fay^ on the tenth
day of Auguft in the year aforefaid, at BilbcKi aforefaid, the iaid
Aceq>tance. H* and L. who, /cc* oMitted^ according to the ufage and cttftooi
Avennent of of merchants : and the (aid T. in hSt (ays, that an ufanc'e between
niance. j^^ aforefaid and Madrid in foreign parts) to wit, in Spain afore*
faid, is, and from time whereof the memory of man t« not to the
. contrary hath been, two months: and the faid H. and L* who,'
&c. did not, nor did either of them pay to the faid J« E. Clive
and Co. the faid money contained ' in the &!d biB of ex«
Ref«iil to pty. change, nor any part thereof, but refufed and ntgU&ed i9 fay tbt
fame : whereupoir afterwards, to wit, on the twenty-firft day <rf
September in the fame year^ the faid J. E. Clive and Ca. b&mng
Made no order, made no order concerning the payment thereof, the (aid bill of
Proteftlbriuxi- ^*^^*"g^» *^ ^^^ requeft of the faid J. E. Clive, was pr$tefted at
payment. ^iladridaforefaid, according to^the ufage and cuftom of merchants^
upon the non-payment of the contents thereof; by reafon whereof,
be the faid T. according to the ufage and cuftom of merchants,
became liaMe to pay to the faid J. £. C. and Co. the (aid con-'
tents of the faid bill of exchange, together with intereft^ exebangtj
re-excbange^ cojls^ and damages^ which accrued from the delay
and retardment of the payment thereof ; and being fo liable, &c.
(^paid the contents of the bill,^ and the fum of thirty*fix pounds
fifteen (hillings of lawful, &c. with intere(l, &c. of Ovhich, &c«
fiud H.and L. had notice: and by reafon, &t. and by force taif the
u(age and cuftom, &c. they the faid H. and L. who, &c. became
liabic to pay to the faid T. the faid concents, &c. and the (aid fum
of thtrty-fix pounds fifteen (billings fo paid, &c. ;. and being, fo
liable, &c. (afTumpfcrunt.) (2d Count on a fimilar bill for one
thoufand (ive hundred dollars, payable in Bilboa, to the order of
one M.D. Q.$ which defendants accepted. Averment that an
nfanCe is two calendar nlc^nths. Pmtelted, becrme liable to pavy
. fee. with interelt, &c. amounting to nine pounds eight (hillinga
and feven pence.) Vet, &c. not regarding their (aid feveral pro-
mties and undertakings, &c. hath not paid, &c. although the Uid
H. and L. who, &c. afterwards, and before the faid outlawry pr9^
nouneed^ that is to fay, on the faid fecond day of April in the
year laft aforefaid, and often afterwards, at L. aiore(aid^ in
the pariih and ward aforefaid, were requefted by the (aid Thomas
to pay the fame : but the faid H. and L; onto the time of prortaim^
dvg the faid outlawry againft the faid L. have wholly refufed ^ An4
the faid H. doth ftill reftife to' pay the fame to the faid Thoteas 1
and the lame are fliU unpaid, to the damage of the fiud ThOit^sw-oi
«
%
ASSUMPSIT GENERAL.~Oh BILLS of tXCHANGfi. ftft
one thoulartd three hundred pounds; and thereupon he btingl fuiV
«
And theikid B. fey A. B. hiiMtorncy, comes and prays leave Pkalmpwhnct
to imparl thereto, before our lord the king, until from the day of
£after, in fifteen days, wherefoever our faid lord the king (ball
be in England, and be has it, &c. the fame day ii granted to the
iaid Thomas, &c« At which day, before our faid lord the king at
Weftminfter, comes as well the faid Thomas as the (aid H« by
tbeir £ud attornies : an^ hereupon the faid H. prays further leave FortWlmiMrt
to imparl thereto, until the morrow of the Holy Trinity, where* »•« ^ Triwty.
ipever our faid lord the king (ball then be in England, and he has
it, &c. the fame dav is given to the faid Thomas, tie. At which
day, before our faid lord the king, comes as well the faid Tho-
mas as the (aid H. by their (aid attornies : and hereupon the faid Furthci* jnipirf. '
H. prap further leave to imparl thereto, from, the day of St. Mi- ai)ce to Mi-
chael, in three weeks, wherefoever our faid lord the king (hould chaelmas*
then be in England, and he has it, &c. the fame day is given to
the fiiid Thomas* At which day, before our faid lord the king at
Wcftmtnfler, comes as well the faid Thomas as the (aid H. by
their (aid attornies: and hereupon the faid H4 prays furthei* leate Fuitfacrlmptff*
io imparl thereto, from the day of Eafter/ in fifteen days, where-* «i«t.
foever our faid lord the king mould then be in England, and he
has it, iccm the fame day is given to the faid Thomas, &c. And
bbW at this day, before* our faid lord the king at Weftminfter^
Comes as well the faid Thomas as the faid H. by their faid attor.^
nies: and the (aid H. defends the wrong and injury, and fays, t^. M]«elffb
that the faid Thomas ought not to have or maintain his faid aftion cord d ms*
againft him, becaufe he (iays that there is not an^ ncord ef thehmtj.
•utlawrj of the faid L. upon the faid writ in the plea aforesaid
mlledgea in the faid declaration ; atid this the faid H. is ready to
verify ; wherefore he prays judgment) if the faid Thomas Oueht
to have ot maintain his faid adion agasnll him, &c. And the Sid
H.. for further plea in bar, by leave of the court here in this be*
half granted to him, according to the form of the ftatute in this
caie made and provided, farther favs, that the' (aid Thomas ought
not to have or mountain hi$ (aid a&ion againft him ; becaufe he ^d^ ^fhtt iht
fayS) that the faid L. in the faid declaration named before and at other dcfcndMic
the time of the obuii^ng of the original writ on which the out« r«fiM2n Spaing
lawry by the declaration is above fuppofed to be obtained and had "l^, ^'l^^
againft the faid L. and continuallv from that time hitherto, did £nduh couunT
dwell and wa? commorant, and alfo before and at the time of jmd travtiict
awarding the writ of exigent thereon, and continually from that tbtt Londoa it.
time hitherto, did dwell and was commorant, and is now dwelling
and commorant, in parts beyond the feas, and out of the limits of
this realm, to wit, at Bilboa in the kingdom of Spain, in the did
declaration mentioned i and that the county of Cornwall, ii\ this
kjngdom, was and is the (hire next to the place where the faid L*
at the time of the writ of exigent awarded, had his dwelling i anl
Vol. I. R that
t4A ASSUMPSIT GENERAL.— Om BUlS of EXCttATtGt
that not an J writ, of proclamatioiv thereon was awarded, madift, of
direded to the (faerifFof the county of Cornwall ; without tbis^ thai
at thQ time of the obtaining the original writ, or at any time af-
terwards, the faid L. did dwell) or was commorant, or conver-
far.r, at London aibrefiltdy or at any other city; town, or pface
vihatiuefref within this kingdom : and tliis the (aid H. is reaJy to
verify; wherefore be prays judgment; if die faid Thomafr^ought
to liave Oi- maintttn his fiiid adion, in the form afbre&id, againft
hiiDi &c» D. Pooti.
fblJ^fa*^ And the faid Thomas pravs leate *o imparl to the find plea, lui-
rtcQid fectiiv ^^ ^^ morrow of the Holy Trinity, wherefoever our (aid lord the
Corta tiw or^- king flialT then be in England, ano he has it, &c. the fame dsy is
Ml wric given to the faid H. &c. At which day, before our laid kml the
king at Weftminiler, come as well the faid Thomas as the Aid
Henry by their faid attornies : and hereupon the faid Thomss
prays of the court here that the £ud original in this fuit flled^ uA
remaining in th'e (aid court here, may be fet forth here, and it i^
granted to him : the'tenor of which faid writ fellows ir thefe
words, to Wit, Geo. the Second, &c. To the flierifis of Londmr.
If Thomas Symmons (hall give you fecuriry to profecute bts fiiit^
then put) by Aireties and fafe pledges, H. F. of London mer-
chant, and L. B. late of London merchant, dmt they be before
us on the morrow of the Holy Trinity, wherefoever we (hall thea
be in Enghnd, to (hew, that whereas the faid H. and L. on the
firft dav of April 1747, at London afore&idi in the pariffi of St;
Mary-le-Bow, in the ward of Cheap, were indebted to the frid
Thomas, &c. (infert the writ,) to the damage of the faid Tlio.
Itias of one thoufand three hundred pounds as he fiuih, and bate
ye there the names of the pledges and this writ : witnefi Thomas
Archbi(hop of Canterbury, and other guardians and juftices dl
the kingdoms, at Weftmin^cr, the 1 3th May in the fixth year df
the reign; Jones;— as by the original writ, now remaining affiled
of record in the faid court here at Weftminfter afore(bid, AiDy
appears. And hereupon the faid Thomas for ref^cation fettb, thst
by reafon of any thine by the &id H. above in [Heading alledged,
he ought not to be barred firom having and maintaining his
a£Hon aforeOiid againft hhn ; becaufe, as to the faid plea of the
iaid K. firft above pleaded, he the faid Thomas faith, that thtre
isfttch a ncori of the outlawry of the (Ud L. upon the (kid writ
in (he plea afordaid, at the fijit of the fiitd Thomas, in the* UA
court here remaining, as the fard Thomas hath in his faid decla-
ration above alledged ; and this he is ready to verifj by diat re-
cord, as it appears in the Term of St. Hilary, in the 17th jearbf
Che reign of the faid lord the king, upon the (creiitb roH ; and cbe
•feid Tbotoias prays, that the faid Term and roH, by the faJd court
Demutrsr to tdhere, may be feen and infpe£led. And the (aid Thomas, as tu
^** the (aid pica of the faid H. laftly above pleaded, faith, that he-
ought not to be barred from having his faixl ai^ion againft the
/aid H. becaufe the faid ' Thomas taith, thafr the faid oleau by
' 4hf
1^ ^
. >
I.NLAKD EY DRAWER. • ^
•
At &id H« hftiv above pleaded^ and the matters theFmn contain-^
•d^ are not fiificient in law to bar tfae (aid Thomas from having
Ua &id action againft bim^ \ to which pka^ ia manner and fprm
afordiiid pleaded, and the mmm therein containedt the (aid Tho-
mas hath no need^nor is he by the lavir of the .land in any wife
bound to anfwer : and this^ Sec* : wiierefore, for Want of a fuffi-
cieiit.plea in this behalf, the iaid Thomas prays judgment and his.
4laaiages» by reafon of the premifes to be adjudged to him, &C
William Wynne,
Richard Dravksl.
. And thc&idH. &c. fince he hath above all edged fufficient Dfmumrto re-
matter in law* in his (aid plea laftly above pleaded, and becaufe he P^'»<^<^-
ihe (aid Thomas hath not anfwered to the faid plea of tfae faid H«
»y him laftly above pleaded, nor hath hitherto in any wife denied tfae
feme, the (aid H. as heretbfore prays judgment, if the faid l^homas
ought to have or maintain his faid a£^ion thereof againft him> &c^
. And the iaid' H. faithi that the faid plea of the (aid Thomas, it}
manner and form afbrefaid above pleaded, by way of reply to tbe^
hid pieaof the faid H. by him drd above pleaded, ajid the matter
therein €<»QMMned, are not fufficient in law for the faid Thomas to
bame and maintain his faid a£tion thereof againft kirn ; and that he
the (aid H« is not bound nor obliged by the law of the land to
make any anfwei- thereto ; and this, &c. : wherefore for want of
iiificient replication in this behalf, the faid H. as before prays
judgment } and that the faid Thomas may be barred from having
^ maintatnifig his aforefaid ad^ion thereof againft him, &c. And Cauftt* • -
C[>r cauies of this demurrer in law, according to the form of the ^
Hatuttf io fuch caies lately made and provided, the faid H.iheweth.
to the court here thefe caafes following, to wit, for this, that it
spears by the faid replication, the writ upon which it is abova
fuppdfed the (aid L. was outlawed, 'is not, nor was the faoie writ
upon which the faid Thomas hath above in form aforefaid de-
clared againft the laid H. but another, and variant from the ori-
ginal writ recited in the faid declaration of the faid Thomas, and
for this, that the faid declaration is double, uncertain, and wants
form. D. PooLB^
And the (mid Thomas faith, that the faid plea of tlie laid Tho- j«ia4ir.
mas as in manner afore&id above pleaded bv way of reply to the
-kid pieaof the fiwd H* by him lirft above pleaded, and the matter,
therein contained^ are good and fufficient in law for him the laid
Thomas to bswe and maimain his faid adion thereof againft the
fiud H. ; which (dea, by^ way of raply^ an^ the matters therein
Oontaitied, the iaid Thomas is ready to verify and prove, as the
coust (hall dtre^* And becati£r the (aid H« hath n^ anfwered thepnitj
laid plea, nor bidierta ba^ in any wile denied the fanse, the faid
1 hcxnas, as before, prays judgment, and his damages by reafoa.
of ftit prcmties to be a^udged to him, itc^ becaufe the court of
Cur. i4T. Tvlt.
iU ASSUMPSIT (3ENERAL-On BILLS of EXCHANGE.
our faid lord the king nowhere is not yet advifed about giving jtidg*
mentof and upon the feveral premifes whereon the fatd parries have
above put themfelves on the judgment of the court; therefore day it
given to the parties aforefaid to be before our lord until from the day
of St. Michael in three weeks, wherefocvcr he (hall then be inEng-
land, to hear judgment of and upon the premifes, for that the couri
Of our faid lord the king at Weftminfter, is not yet advifed, &c.
(here infert continuances from Term toTcrm until from the day of
tiatimiaface. the Holy Trinity in three weeks. ) At which day» before our (aid
lord the king come as well the faid Thomas as the faid H« by their
faid attornies ; whereupon all and fmgular the premifes being feen^
Judgment for ^"^ ^Y ^^ court of our faid lord the king now here fully under-
f)^tiff, flood) and mature deliberation being thereupon had, it appears to
the court of our faid lord the king now here, that the plea of the
fiiid H. laftly above pleaded, and the matters therein containedf
Are not fuffictent in law to bar the faid Thomas from having his
faid adion ag;>inft him the faid H. ; and that thp faid plea of the
faid Thomas, in manner and form aforefaid above pleaded* bv way
of reply to the plea of the faid H. by him firft above pleaded, and
the matters therein contained, are good and fufficient in law for
him the faid Thomas to have and maimain his faid aflion againft
the faid H. as he the faid Thomas hath above alledged ; by reafen
. whereof the faid Thomas ought to recover againft the (aid H.
his damages by occafion of the premifes } but becaufe it is un«
known to the court of our faid lord the king now here what <ia«
mages the faid Thomas hath fuftained as well by occafion of the
'^alA^^"*^ premifes as for his cofts and charges by him about his fuit in this
"^* • behalf expended, the (herlfFs are commanded, that by theoadi of
twelve, &c. they diligently inquire what damages the aforefaid Tho-
mas hath fuftainedyas well by the occafion of the premifes aforefiud
as for his cofts and charges by him about his fuit in this behalf ex-
pended ; and the inquifition which they (ball thereupon take they
fend to the faid lord the king from the day of St. Martin in (tfteen
days, wherefoever he (hail then be in England, under thefeal and
the feals, &c« the fame day is given Co the faid Thomas, before
the faid lord the king, wherefoever, &c. At which day, before
our faid lord the king at Weftminfter comes the (aid Thonoas, by
his faid attorney; and the (heriffs of London, to wit^ £. F«
efquire and C. D. cfquire, by virtue of the u'rit of the faid lord
the king to them thereupon direfled, returned here a certain in^
quifition, indented and taken before them at Guildhall, in the city
of L. in the partih of St. Mar/ Baffifhaw, in the ward of Baffi*
(haw, in the fame city, on the 24th November in the twenty-firft
year of the retgn of our lord the prefent king of Great Britain,
&c. by virtue of that writ, by the oath of twelve, &c. ) by which
it is found, that the faid Thomas fuftained damages by reafon of
the premifes a(brefaid, befides his cofts and charges about his (uic
in this behalf expended, to one thouland^bree hundred pounds,
and for his cofts and charges aforefaid, to twenty-feven ih!llings
and foitrpence : and thereupon, forafmuch as the court of our (aid'
lord the king now here is not asyocadvifed about giving judgment'
of
ShcriUkrtturo.
iMLAND 3Y* DRAWER,
Mi
^andupoa the premifes, day is therefore given to the £iiJ,Tho«
luas to be before our lord the king in eight days of St« Hilaryi
wherefoever our lord the king (hall then hi in Engl4ind9 for hear-
ing judgment of and upon the premifes, becaufe the (aid court
here is not yet advifed thereupon. At which day, before our faid
lord the king at Weftminfter comes the faid Thomas, by his> at*
lomey aTorelaid : whereupon, the premifes beine feen and fully
underftood bv the court of our faid lord the king nere, and mature
deliberation bad thereon, it is confidercd that the faid Thomas do ^in^ judfincp*
recover from the iaid H. his damages aforelaid by the faid inquifi*
Cion in form aforefaid found, and alf^ ninety-fix pounds twelve,
fliillings and eigbtpence adjudged to the faid 'Fhomas by the court
of our faid lord the king now here at his requed, for increafe of
bis (aid cofts and charges; which faid damages in the whole
amount to the fum of one thoufand three hundred and ninety*
^ight pounds } and the faid H, in mercy^ ice.
In AfictnclmasTerm 1747, a writ of
inquiry of damages was rxeouted by rule
cf court before the lord chief juAice I^ce^
when the inquelt fontid damages genc-<
faHlj tor the |Jai||tiff for one thoyHind
three hundred pounds^ the whok dama-
ge laid in plaintj^i declaration. ' Par
piintefyin that famcTerm>moved in arreft
of the pUintifTs judgment, and rnade
three ohjedions.
Firft, that thcrr was no 6ich cuftom
o£ merchants as was fct out upon the
plaintiff's declaration, and that the sc»
ftft;r of the bill of exclunge (afterwards
proteftrd for non- payment, and paid M
the payee by the jrawer, with (he inter
fcft/ exchange, re exchange, colts, and
daoMges) was not by law liable 19 tie
drarjoer^ without a previous ^flignment
pc indorsement of fuch bill to bin> by (he
payee.
That the 'demurrer tq the plamtlips
iieplicaLOti after iflue joined, was a dif-
contjna:.ncc of (he fuit, but it was the
4efendai.(*i own demurrer \ for the de-
fendant having pleaded that (iiere was no
fttch record of outlawry as the piainciiF
hj|d ^lledged, the phuntiff replied thcje
ivas fuch a rccordj an^ thereupon iifqe
was joined.
Fur th^t the declarac'on had not fet
fbnfi the v.iUit of tlie four thoufand dol-
lars mentioned in the fixtb Count, nor
the value of the ^iteen hundred dollars
mention jd in the lip vent t\ C^unu
Bo( thecouit, after folemn argument
'and ttme t*ken to confider In H4lary
Term following, was unanimoully of opi-
pioD as to the firA objedioo, that the
f>|4intiff*s aOIoa waf well biQugl.t^ and
that by tlie cuftoni of merchants the de.
fendants were bound by their acceptaAce|
and that an indorfcment by the payee
Wis notneceflary, and the rather for fhat
in /the prefent cafe the plaintiff had mad^
title another way, viz. by payment of
money, and therelore gave judgment fof
the pla'.ntiff. As to the two other ob.
jedlions, they were of opinion tUat they
were of no weii^ht. The nineteenth oip
February following, plaintlffngned judg*
ment \ but not being able to get the co(t|
t4xed until the (wenty-fifth of April, he
was delayed from proceeding againil ths
defendants bail fo Ton and fo effe^uaUy
as otlitrwtfe he wpulJ have done ; Art4
in order to prevent proceedings againil
the bail, a wr.t of error was brought ]|i)(|
allowed the thirtieth of April Uft, and
the tranfcript of the record was brought
on the thirtieth of May following, th«
day parliament wan prorogued \ fo thaf
nothing could be done the laft fefllon of
parliament. The plaintiif in error af«
fi,;ned fevcral errori, namely general ert
rors, and the three following.
ji^^nmtm ir. £rr«r.— f ird, that therf
is no original writ between (he faid par*
ties of tile plea in the li^d declaratiot^
mentioned, filed uppn reqord il|
th? cuttqdy Qf (he keeper of tht
writs in tl^e faid cour( of the {m\A kird thf
kmg of H^ary Tern, in the (evencecnth
year of lus prefent m^cfly^s reign. Se«
condly, that »t d9th nojt appear thit
the (aid Thomas Symmons hath found
pledges to pro(eca(c his fuir. Thirdly^
that there is not any writ of inquiry of
damages between the faid parties, in tlw
faid plea filed of record of Michadmaa
M
ASSUMPSIT GENERAL.— Olr MLtS of EXCHANGE.
Ttm of tl» tweoty* Arft jtm^tht rrifft
«r the Old lord the king, remaining jn
Ae cuftody of the keeper of tlie writs of
the faid court of oar faid lord the kmg;
snd the ptaijitl^ 'm err.^r prayed a ocr •
tjorari to be dinefted to tlie keeper of the
vntY» 10 certify ttie Irvih of thepremifesi
nHiich oertlorari ought to have been a-
warded to the lord chief juftice of B.'R.
inwliofe cuftody the wrhs arct and who
If to certify them. The (.biintifF in error
hm ftnoi procured s certiorari to be rt-
mnied by the (aid lord chief juflice ; by
yrhich rttum it is certified} ihkt there i«
no fuch original writ, or writ of inquiry
of damages, as are mentioned in the af-
fignmtnt of errors And tbo defendant
in enur bM 4nce come in Tolwntarilyt
and aUedged that there it an ohKinal wiit
between the faid Thonrus S. and H. P.
and L. B. of the pl^a in the declaration
mentioned, filed^ of record in the faid
court of our (aid lord the king, befbr^ the
king hiqifclf of the Term of the Holy
Trinity, in the fixteenth and feventeench
yrars cf his prcfent najcfty's reigaj
which faid original wa*Tants the (iccJara«
fSon and judgment ; and the defend :nc in
error hath alfo prayed a wtit of certiorari
to I be lord chief jurtice, who hath cer-
tified the (kid original writ, and the con -
tJnunnce thereof, and tht defendant luth
thereupon pleaded that there is no errcr.
The only contiderablequ<;(tion in point
of law (for w th refped to the juilice
fnd equity of ihe cafe there can be none)
Iherelbre is, wliether a drawer of a util
of excktn^ accepted gctieraffy by t!ie
^ra\ott (an in his own fjame, without
) pievious aflignmcnt or indcrpment fiom
the f*a^f maintain afpecla! ad^ion on the
fafe a aind the acceptor and recover ttie
nioney (b paid : and the defendant in er-
fcT humbly hopes by the niU^ of law,
and by the cuflom of merclunts, he can
maintain fuch a^ion, ,and that fu^h «ic-
tioQs, and the picccedmgs tht-rrin, are
right and dgretable to theruiesandprin.
ciples of law and juilicc j and therefore
fircfiiinei the jjdfirment of the court of
B, K.. is right, and Oi^il br affirmed with
exemplary ^oiU, (among many others,}
for tl\e following rexfousi Bercaufe the
'plaiot.ff in ciror hath not controverted
'C(if CuQ of the cudom, that there is fuch
a cuiliMH of merchants, as is fet forth in
tht declaration of the defcnds'it m er-
'ror, to jnake the aece/tor cf a bill of ex-
change liabV to an a^ion by the drawer*
*wh^, after (he bill bach been accept^
and. piotcilecf ibr non-piyriienf, hid paid
"t&c' dontent^ thereof to hi;u, to whdiu it
wae mad^ ptyaMet and ttik is a g0odaiiA
reatbnabic caflom. It i& adinicud hf-
tlie plaintiff in error, that in cafe the de-
fendant S. had. taken an njpgnmcnt or in»
dorfmcnt o£ the two bilb of exchange
from ttie two payees thereof, that ho
night have nv^iptained this afiion in hii
own name \ bat fuch aftignmeot or in««
dorjTement if net neceflaiy, either by the
cuf!om of meahants, or required by law
in ^e prcfentcafe ) and the dtftndant S.
the «trawer, has entidrd MmfeK hy law
to bring thi» a^ioo, by having pAJd thelb
two bills to the payee, with intetefl, ex«
change and re-LXcKarg«, cofts and da-
mages ; which biHs the accrptor, by hit
aece^ktance, made himleif liable to, wn4
ought to have p^id.
Tl)e acccptarce of a bill of excharg*
amoupts to a promiie in Uw to ^>ay } and
tliis h€ktot\ cf aifumptit aga<n:t tli^ ac«
ce^t9^ \fi funded upon gcod c^rfidtrat'^. \
upon the Ccpfidt ration of the acceptor
having efledls of the drawer in his hands
at the time of his acceptance | and a gt*
ff^rj/ acceptance (as in ^he pnfent cafe)
is an adinitTion by the acceptor^ that he
is debtor to the drawei' for fo rnucb mo-
ney, and tliat he hath ^6t% or mone^
in his lunds of the draVcr^s to anfwer
the payment of fuch' bill Every bdl qI
exchange imports a. command to the
(frawee to pay his acceptance, and is not
only an admtflion of effcds or morey ia
his hands fuflicient to pay, but it i» an
undertaking by t^e acceptor, as wett
with rcfpcd to ;he drawer as the payee,
to pay tfie hill, jind every undertaker is
bound by law to perform )us ui&dqrt^-
ing.
The plaintiff lias lunong other errors
a0)gned. that the defendant ip error luith
not found any pledges to profecute liis
fuit: but the defendant humbly infiils,
that the want cf ft^ch pledges is no er-
rcr \ and if it was, that the |^.ainttif
could not now take advantage e|
it. And the plaintiff, hadi al£>
afllgncd for error, that (here was
not any wrtt of' inquiry of damages
a(Rled of record by the defendant of Mi-
Ql^clmas Term^ in the twenty- firifl jeff
oi h.s pnfcnt majeity \ but in cale. qd
fuch wrtt of inquiry h.id heen filed, the
defendant in error alfo infills, that tiw
want thereef is aidtd by %€t of parlift.
mem, a writ of inquiry being a judicial
writ. And as to the judgment ^cn %
the drfci>d;int in error on the two ^e*
murrers above ment'Oned* the defen-
dant apprehends, that bbththefe pleas are
ill 3 and anf^gft oth^ reafons, for that
they
INLAND «T PAYEE v; DRAWT.R, Ae. - Klf
j^hcy wen iMt pleaded in bart ^^^ *^t oror, ihall be affiixned nvich exnopbry ■
ffieii her of them was pleadable in bar to coA*. H. Banks, R. Dbapbr*
the a^ion. And it is humbfy hoped, i. WUf. 1S5. An a£bdnon a billof
that the judgniem given for the pfaiintiir ekdumge Hes for the dmwcr 9pusJk tile
in cfce aAkiD9 wd the now deCerdant in ditewe<v «&er iie hai aoccpied jc
By PAYEE ac a iirsT DRAWER, &c.
.FOR that wherras the faid (defendant) heretofore, to wit, on, Papev.Drs^,
He. st,^&c• according to, the cuftom of merchants in that refpe^ >ft Count (br
ufed and approved of> made and drtW his certain bill of exchan^ turn aeoeptanct
in writing, bearing date th« day and year aforefaid, upon one J. b. <>y ***^«. wi*
by the name and dcfcription of, &c. and by the faid bilj rcqitired ^^^^ff^ hate
the laid J. 8. to pay to the faid -(phtflttiFs), by the name of, tiot indorfed tl|e
fiic. or to tlieir jo^nt order or demand, fifteen hundred pounds for biR payable ^
vakie received, and |hen and there ^delivered the faid bill to the tbrnjoMordtn.
£ud (plaintiffs}, -Which faid bill the f^id (plaintiffs) afterwards, to
vHt, bti| &c. at, &c. (hewed and prefented to the fiud J. S. fat
lug acceptance thereof, aqd then and there required him to accept
the bant ; but the fitd ^^ S. did not then and there, or at any
other time wbatfoerer, accept the faid bill, and then and them
wholly refufed ever to accept or pay the fame ; whereof die faid ,
(ckfendamt) afterwards, to wit, on, ^c. at, &c. ba4 notice ; by
reafen of which preipifes^ and accordiiig to the cuftom and by ths
ktw of merchants, the faid (defendant) became liable to pay to the ~
£ud (plaintifis) the faid lum of,&c. in^lhe faid bill fpecrhed, when
he the laid (defendant) (bouM be thereto afterwards rrquefted |
a td being fo liablci he the faid (defendant), in coi>f|deratioD there- «
o( afterwards, to wit, on, &c. at, &c. undertook, &c.' when he
the (aid (defendant) ihould be thereto a^erwards requefted. And . . •
whereas the £iid defendant on, &c. at, &c. accocding to the cuf-
totsi of, Ice. in that refped ufed ai|d appro? ed, m^de and drew hft
certain other bill of, &c. in writing, bearing date, &c. upon one
J. S. by the names of, &c. and by the faid laft mentioned bill re*
qiuiied the faid J- S^ to pay to the (aid (pUintiiFs}, by the name of
^. fifteen hundred pounds iteriing on demand to ihcir joint or*
dcr for value received, and dien and there delivered the faid laft*
mentioned bill to the faid (plaiatiflFs), which faid laft mentioned
bill the faid (plaintiffs) afterwards, to wit, on, hc^ at, &c. (hewed
and prefeilted to the faid J. S. fbr his acceptance thereof, and then ^ •
^d tnere required him to accept the (^me^ but the f^id J. S. di4
not then, or at any other time whatfoever, accept the faid laft-
mentioned bill, but then and there wholly refufeil ever to accept
or pay the fame \ whereof the faid ^defendant) afterwards, to wit,
ph, oCC. at, &c. had notice' i by re^fqii of which prejnifcsy^and
according to the cuftom and the Uw of mercha<its, he the faid fde-
fendant) became .liable to pay to the faid (plaiutiflFs) the faid futn
of, &c. in the (aid laft mentioned bill fpecined, when he the &id
f defendant) (hduld be thereto afterwaids rec|ueded ; and being jo - ^
Il^t}(e, he the faid (defendant), in confider^on U^ereof, aitcrwards,
R4 ^
Hi ASSUMPSIT OEKERAL.-On BILLS of EXCHANQE,
to wit, on^ tfc. at, ^c. undertook, &c. ^en he fliould be thereto
afterwards required • and the faid plaintifis aver, that they have
not yet indorfed over or hegociated the faid laftv-mentiontd bill of
exchange9 or ordered or appointed ^he money therein fpecified to
be paid to any perfon or perfons whatfoever, but the (aid laft-
mentioned bill is ftill in their hands and poflTeffion, as Iega|
holders thereof) not indorfed over or negociated, to wic^ at, &c,
faysi T. Acetp' FGR tb^t whereas one Wt S. heretofore, to wit, on, &c« at»
for (a\ with tht iic, according to the puftom of merchants, made and drew his
cafct on acGcp- certain bill of exchange in writing, bearing date the dav
'(^I'm-Comm. ^^* aforefaid. Upon the faid (defendant), by the name of T. 1%
470. Burr 1674! No. 13, Smithiield, London, and thereby required the &id {defiui*
ittU. Nl Pri. dant) tp pay to the faid (p]aintifF ), by the name of Kir. JT. C.
MM* ^^ order, two months after date of the (kid bilU one hundre4
Im *'^' pounds for value received, and then and there delivered the (aid
Ld.Ray1n.575 ^^'' of exchange to the faid (plaimiiF), w)iich faid bill he the (ai4
Com. 76. (dtfendant) afterwfU'ds, towit, on, &c. at, &Cf aforefaid, accordr
Burr. S672. ing to (he fuftom of mer^t^ants in that particular, accepted;
>674- by reaf«n whereof, and by force of the cuftom and the law of
innJitttf' merchants, the faid defendant became |iablc to pay to the (aid
Poug. 284. plaintiff the faid fum of money in the faid bill of exchange fpeci-
1. Atlc 611. fied, according to the tenor ^d eiFed of the faid bill, and of the
^r. looa aforefaid apceptance thereof ^ and being fo liable, ice, (Promi^
lltM^^B^ M ^^ ^^^' ^^' ^^^^^^^^S ^o ^^ ^^^or ^'^ effect of the faid bill and hi^
»4. g! III. ' sUbirefaid acceptance thereof. Commpn conclufign.)
5^.8x7.
a. WiK. ^ Burr. 1^72. i. T. Rep. 185. Str. 1x52. Cowp. 574. Scr. 214. xx.M0d.f9a*
Str- X.X9;. .Comb. 452. j. Bac. Abr. 611. 2. Str. 1000. Lut\y. 899. Bcawes, f. 31. x. Co,
»• 4x8. r. 40. 42. X. M. 4x9. Beawet, f. 228. 1. Ed. p. 444. Mariut,' 2. £d. 16. MoOoy,
L 2. c. 10. f. id. 2. Sb-. 2. Ld. Raym. 3C4. X2. Mod. 211. Salk. 127. Ld Raym. 574.
12. Mod. 4xa Salk. 129. Doug. 284. 1. Atk. 611. C3mb. 401, Covvp. S7h 574- Vo^
^6. Burf. .1666. MoUoy, b. 2. c. xp. f. 20. Mariu., ^. £d. 17. Ann. 75. x. T. Repu
)8( 182. Sir. 12 ff. 648. Doug. 286. Cowp. 572. x. T.R. 269. Str. 214. jx. Mod. i^^^}.
Str. 221. X195. S^nith 'v- ^ ^^ Fontaine, B. R. T. 25. G. 3. Comb. 452. Mar. 2 Ed. 22. Str.
^17. MoUoy, b. 2. e. lO. C 18, 19)20,21. 28. Mar. 2. Ed. 16, 17. Beawes, f. 218. i. Ed.
1^.443,444. 453. and U a2i. |. Ed. p. 444. 12 Mod. 4^0. Duug. 235, 2369 237, 238. 284.
fmytiv.prMtvtr, WHE^^EAS thc fai^ cjcfeqdant heretofore, to wit* on the
^Pf^ ?*^^ *5^^P' twenty-feventh day of January, A. D. 1787, at, &c, according
Mymeflt. • "? ^^ the cuftom or merchants, piade ai)d drew his certain bill of
r*. .' exchange in writing, bearing date, &c. upqnoije T, T. No. 13^
Srtiithfield,' London, an4 thereby required him the faid T. T, to
bay to thtf faid plaintiff, by thfe narpe of Mr; H. or order, twq
luonths ai^er t% oate o( the faid bill,* one h|jndred pounds |of va-
lue received, and then and there deliYCred the faid biU to the fai4
plaintiff) )C whicti (aid bjll of exchange lie the faid T.T. afterwards,
; to w?t, oiV^ ice. at, &c. aforefaid, according to the cuftorn'^ofWr^
chants in that particular, accepted: and tnc faid plaintiff" avers.
ma( be ^e Cnd plaintiiF afterw^dSf at the end and expiration of
INLAND »Y PAYEE. ^9
I
iSat time appothted for the payment of the r«iid £um of money in thi|
tad hiU menrione4f to wtt^ on the diiirtieth day of March, A. D. f
afore&td, ar^ &c. afbrefatd, (hewed and prefented the faid bill to the
did T. T« and then and there required him the (aid T. T. to pay
to him the faid plaintiff the (aid fum of monev in the faid bill men-
tioned, according to the tenor and effedb of the faid bill and bis
-vBotdHaAd acceptance thereof ;. but the faid T. T. did not, when
«tfae faid bill was fo (hewn and prefented as aforefaid, or at any !
other time whatibever, pay to the (aid plaintiff the faid fum of .mo-
ney in the (aid bill mentioned, or any part thereof, but then
and there who&y refiifed fo to do ; of which faid (everal premi(e$
i)e the (aid defendant afterwards, to wit, &c.. had notice ; hy rea(bii
of which feveral promifes, and by force of the cuftom and the law
of merdiants^ he the faid defendant became liable to pay to the
faid plaintiff the (aid fum of money in the faid bill mentioned, when
he the (aid defendant (hould be thereto afterwards requefted ; an4
being fo liable, Ire, (Promife to pay on requeft accordingly.
Common condufion.)
AS in die lafl^ precedent to this X mark (i. e. ftate the delive- Pa^ev.Dnnam^
ry). And the (aid plaintiff avers, that he the faid plaintiff after- ^P^ the4r«».
wards, to wit, on, &c. at, &c. aforefaid, according to the ^^^*^>*^ t^p/*^**^ ^
of merchants^ (hewed and prefented, and caufed, &c. the faid bill ^*
po the faid T« T. for his aoseptance thereof, and then and there
required him the faid X* T. to accept the fame ; but the faid
T. T. did not nor would then and there accept the (aid bill, but
thm and there wholly and abfolutely refufed fq to do ; whereof the
laid defendant afterwards, to wit, on, &c. at, &c. had notice : by
rcafon of which feveral promifes, and by force of th? cu(lom ana
law of merchants, he (he faid defendant became liable to pay to
idle faid phiindff the did fum of money in the faid bill fpecified
(a)^ Vibin hi tbtfaid dtftniant Jbould bt thirets afterwards rc^ '
auefted\ and being fo liaole^ &c promife accordingly*
{m) If tbe dnwce reMes to aeecpttlfe fatore time. Mtlfbrd v. Mayor, Doa^.
hiijk^i^V»t**{i)canhimeia»tfyMfmrrfmjcl laiif $5. 3. Bonr. 16S7. V. Lawb«.
oblisc the drawer to pay the contents of (^) Brigt^tv. Furriery Bull Ni. Fxi,
die bill, although, acoc^rding to the tenor l^d. 1799. |>« 169.
^ tlw biJi, the payment is 10 be at (biM '
On the acceptance fay, Oa a bffl of et^.
AT London, &c upon fight thereof, accepted at two months chance, P^syfcv.
after die date of the faid bill, according to the faid cuftom, &c. '^cc^o^, on a
became liable to pajc, Uc. according to the tenor of his accep- ''"J ^^"^ ^^*
fapce^ &c. promiieci, &c. according to the tenor and cffe£k of his ^ J ty'dlfimlaM
laid acceptance of die £ud bill* (A )4 Coi^t^ du|t ti^e di^fendant accented at
^cpfpted generally, &c-^ *#»*•.
UN-
«p ASSUMPSIT CENERAL.-Oif BILtS or EXCHANGE.
DtcUrttion m LANCASHIR£» CO witw JokiTuttftjilii aJkbiorcfeyrA^
«3iri^uer of veretgn lord the k»f|g, omms h^kurt Afi Wans of hU «Ki:hcq«q'
Swwalfer^^'*^ 4»yof andcopiplambjbmiigabftjcte
chmgr, ?iM < J^icUbn, pre fent here in coitit the fame Jsgr, of a piea of trt^^ft ot
▼. .rAc^, ths ^ caiSK» &c. fer (bat whereas^ at ilie feverid iiioes hereafter waa^
MUitcdcwdfth tionedf be die 6i4 J. T. the laid J, F, and Jofbph TiUey» wsna
4i.yof the fKir^/^ pcrions rcTidiiig, trading, and ufing commerce withia this king-
ZtJmc«? tiS *^> to wit at Liverpgolt in the county aforeiaid, and being f^
SHU momh {« r«fidetit and trading* tbe&id J. T. on the twelfth dajr of Do-
V^geabcr. cember, Ar D. 17231 at L. aforeiktd, made his certain IhII of tafr
change iq wridng, Uibfcribed with his 0wn proper handi aocon^
ing to tht cuflom of nicrchants, from time immemorial nfed ami
Mproved of within this kinffdom, Mid the £iid biU| bcarisg dale
die day and year aforefiud, <&reded to the laid John by ^ mac
pf^ &c. and thereby required himt twenty days after date of the
^ iaiii^ill> to pay to the laid J. F. by the name of, &c. or orders
the fum of twenty pounds, and his acquittance ibould be the bid
J. T/s difcharge for fo much from ^he faid J. T. and then and
there delivered the faid bill to the faid J* F. (payee and defend*
ant) s which (aid btli of exfihange the (aid J. S. afterwards^ and bo-
lore the payment bf the money therein ipeciiied, and alfo bcfctr
fhe time appointed by the (aid biU fof the payment thereof, tt> wit,
on the tweutietb day of December in the year aforeipid> «t L«
aforeiaid, upon fight thereof accepted, according to t,he (iud caAom;
and by reafon thereof, and according fo the ^<id cudbomi the Ibid
J. S. became liable to pa^ to the (hid J. F. the iiud Xwentjr
pounds, fpecifi^ in the {aid bill, accoiding to the leoor and 0^
fed of the (aid biH, and his (aid aooeptsioce thereof 1 aod being lb
liable, he thp &id J* S, in conTuieraiion, 2cc. afberwardsii ice at^
&c. undertook, ^» and pronui^ the (aid J* F. to pay him tbi
iaid lum of mone^ contained in the laid bill (i) Hoarding U tba
ttmr mtd effi& 9/ tbifmd biU^ and of his foid aoceptancc diereof :
and the (aid J. Jr • averS) that the twelltb month mei^iioned in the
faid bill was and is underftood and known to be the month of D^
comber, and no other month. ( Anolfaar Counton the &me hill,
laying it on the (ame dat^ and pavf ble on the (aune day, but omit
|bc averment \ money had, ttc \ $(nd cqcnmon condufion.)
{h) Accepuncc to pay a biU of ex- ^re otk a general promMe/ withoat re-
change after tlie day of payment pafl, ftrJiipittf it by Ux> tentrtm^ tfte« Lord
Jeaoidum ttmrtm hilU^ good. Lord Ray. ]laytn. 365. 1». Mpd. xu. 410^ Sallb
"^ cHi t^MMSgb the better way k CO dcr 1171 129.
* t
><9fnri>r4«<r. YORKSHIRE, to wit. That wfaeataa, at the Several tioKa
One Couocythit bereafter mentioned, the laid A. and J* aiyd one «£dward Praft^
.chr piKton on Qngne perfims lefiding, Ac. to wit, at .the Caftic of Yorle, and
^^xtA ^'^h^x *^^"8 ^^ refident and trading, he the Ciid J. on- the £fie«nth dav of
d^d^m>t ' fuy"; September, A. D. 1749, at, &c. aforeiaid, made his certain bill of
an4a-ocber,that exchange in writing, fubfcribfd with his qwi) propcf hand, ac«
bendiiicdtoac* . * I COT^
cep.
INLAND BY PAYKE. «^l
Wording to the cuftom of !r*r rtiants from tim6 immemorial ufed an4
ayproved ef within this kingdom, and the laid bill bearing datq
t9e day and year afort^d, then and there diredled to the (aid £d*
ymrA by the name and defer iption of Mr. Edward Prefs, of Don«
fcafter, fliopkeeper, and by the faid bill required the faid Edward,
-at fight thereof) to [^ay to the faid A. or order, die fum of eight
pounds, and to place the fame to account as by advice from the
iaid J« and then and there delivered the faid bill to the faid A«
whrcb faid hill the faid £• afterwards, and before the payment of
the iaid fum of money contained in the fiid bill, or of anv part
thereof, and a]fo beh)re the time appointed by the faid bill for the
payment of the money therein fpccified, to wit, on the (aid fit'ceenth
llaj of September in the year aforefaid, at th^ Caftle of York afore*
fiud, in the county aforeikid, upon fight thereof accepted, accord-
ing to tile faid cuftom : and the faid A. avers, that he the faid A.
afterwards, at the expiration of the time appointed by faid bill for
the pajrment of the money therein mentioned, to wit, on the eigh-
teenth day of September in the year aforefaid, at, &c. aforefaid, (a)
/hiWid and frtftnted faid bill to the f lid Edward, and then and
there required the faid E. to pay to the faid A. the faid fum of
IXKxiey mentioned in the fdi4 bili* according to the tenor and ef-
kSk of the faid bill, and of bis (aid acceptance thereof; but the
laid £• at the time when the laid bill was fo (hewn and prc(ented
to him as aforefaid, or at any other time whatfoever, did not pay
to the /aid A. t>ie faid fum of money contained in the faid bill, or
any part thereof, but then and there wholly refufed fo to do ^ of all
which faidpremifes the faid J. afterwards, to wit, on the nineteeiith
day of September in the year aforefaid, at, &c aforefaid, had no* '
tice; by reafon of which faid fcveral premifes, and according to
the (aid cuftom and law of merchants, the faid J. became liable
to pay to the faid A/ the faid fum of eight pounds fpecified in die
iaidbill; and being fo liable, &c. ( Adumpfit to pay on requeft.)
4nd whereas the txxd A. J. and £ being fo refident and trading id Oonat mi
as aforefaid, the fjid J. on the fifteenth day of September in the drawee's (i)
y«ar aforefaid, at, &c. aforefaid, made his certain other bill ofex*'*^*^ ^ **•
change ip writing, fubfcribed with his own proper hand, accord- ^^ j^^ Uj^
ing to the cuftom, &c. and the faid laft-mentibned bill, bearing pri. 1793. P*
date the day and year laft aforcfuid, then and there dire£^ed to, &c. ^^
>nd by the (aid bill required, &c. (as in the other vJount),and then ^'* SS*
and there dslivercdthe laid bill to the (aid A. which (aid laft bill the JJli.*;,. '^*
^id A. afterwards, to wit, on the day and year.laft aforelaid, at,&c. «. 763. 761,
afbrediid, in the county stfore&id, (newed and prcfcntcd to the laid 6. Mod. 138.
£• for his acceptance thereof, and then and tiiere required him to ^ ^^ *'*
fuxept the fiimc ; but the (aid B. £d not then^ or at any other time *' ]J^p^^i».
wiatfoever^ accept the /aid UUy bta then and there wholly refufed t$ ^^
fd^cept the £im€^ or ever to pay to the (aid A. the faid fum 0/ mo- a. T. &. 5^
ft «
(«) It (h«|ikl be tferred in tbededi- ner for tt»t omiiRoft. Vin. Abr. tit V^
'ration, ditt "the bUI was fhcvQ U prv- of Bxchanse^ O. c. and s« Show. iSo.
fcatcdtocJicgiAirce. Iprukdo^dexnar* Dovi^. $54.
$J2 ASSUMPSIT GENERAL.i,-^N BILLS of EXCHANGE,
xiey therein mentioned, or any part thereof; of all which (aid pre*
. mifes the iaid J. afterwards, to wit, on the day and year afore&id,
at, &c. had notice i by rcafon of which faid precnifcs laft-men-
tionedi and according to the iaid cuftom, and by the law of tacr-^
chants, the faid J. became liable, &c i and bciii? fo liable, &c
(AiTumpdt to pay on requell ^ money had and received j aii4
common conclufion, )
I^daraiion by LONDON, to wit. For that whcreas the faid defendant iq
F.xnvtrix on a the lifetime of the faid William, and before the making of the
bill of exchange promife and undertaking hereafter next mentioned, to wit, on, &c.
i*"** u« J?^-l ■ ^ &c» according to the ufage and cuftom of merchants, made hifi
the bul of ex- •iMir'^t .^.. ,. ,', ..^
change was not Certain bill of exchange in writmg, his own proper hand-writing
paid when due; being thcrcunto fubfcribed, bearing date the (ame day and year
vhtreupwi the aforefaid, and then and there direftcd the faid bill to one Sir Wil-
^^^^^ ^Ti^^' '^^"^ Lewis, and thereby required the faid Sir William Lewis, at
fhe*flr^/ffr"*of * ^^f^**"* ^^^^ ^^ the bill mentioned, to pay to the faid Willian^
tbe bill, which ^^ ^^^ order, one hundred pounds, which faid bill of exchange the
waa alio not faid Sir William afterwards, to wit, on, &c. upon fight thereof,
|^« accep:ed, according to the faid cuftom : and the faid plamtifts aver,
that afterwards, and when the faid bill became due and payable,
according to the tenor and tStSt thereof, to wit, on, &:c. the faid
William (hewed and prefented, and caufcd and procured the laid
bill to be (hewn and prefented to the faid Sir William for his pay-
ment thereof,, and then and there requeued him to pay the (ame;
but that the faid Sir William did not then and there, or at any
other time whatfoever, pay the faid fum of money, or any part
thereof, to the faid William, but therein wholly miled and made.
default ; whereof the faid John afterwards, and m the lifetime of
fhe faid William, and before the making of the faid promife and
undertaking of him the faid defendant hereinafter mentioned, to
wit| on, &c. had notice ; and by reafon thereof, and according to
^e hw and cuftom of merchants, the faid John became liable to
i)iy to the faid William the faid fum of one hundred pounds<, wheq
... _ \z fhould be thereto afterwards requeftcd. And being fo liable, af-
•tfnii teftaior tcfwards, to wit, on, &c. in confideration of the faid premiics, and
would fcrbtar ajfo in confideration that the faid William had, at th<: like fpecial
and accept a jjifjance and r^queft of the faid defendant,' forborne to call on fai^
dw*fendant for the immediate payment of the faid fum of money, in the
f lid bill of exchange mentioned, and had then and there, at the jik^
fpecial inftancc and requeft of fai4 defendant, accepted a bon4
from the faid Sir William Lewis, bearing date, &r. conditionc4
for the payment of the faid fum of one hundred pounds by the fai4
Sir William, with ii^iereft at five per cent, on, &c. then next, be
the faid John undertook, &c. the (aid William, that if any default
bl made in*w ^^"^^ ^^??^^ i" the faid payment H>t the faid fum of money^
rrent of tl»e according to the condition ot the faid bond, he the faid Johq
K-^nd, wouH be would be rcfponfible to the faid William for the fame : and thq
Krj:ocinbk. (^^jd plaintiff i^vers, tha^ tfi? faid IJr William L^wis did ipt paflt
it
vfihTLAND BY PAYEt. tjf
Co the faid WiUiam the fum of one hundred pounds and intereft^
or any part thereof, on, &c. then next, according to the condition
of the laid bond, or at any other time whatfoever, but therein
wholly failed and made default ; of all which faid premifes the faid
John afterwards, and in the lifetime of the faid William, to wit,
on,&c. had notice; and by reafon thereof, and according to the
faid promife and undertaking of the faid John, in form afore-
iaid made, the faid John became liable to pay to the faid Wil-
liam the faid fum of money and intereft when he ihould be ther^
to afterwards requefted. And whereas alfo the faid John after- id Coant for
wards, and in the lifetime of the faid William, and before the mcney lent upon
making of the promife and undertaking of the faid John herein- ^'^^ fccuiity oT
after mentioned, to wit, on, &c. was indebted to the faid William c^chan^-^*"^ ^
in -another large fum of money, to wit, in the fum of one hun- ^
dred pounds, for fo much money before that time lent, and by
die faid William to the faid John at his like fpecial inftance
«nd requeft, upon the fecurity of: a certain note or bill of ex-
chan^9 before that time drawn bv the (aid John on the. faid .
Sir W. L. payable to the faid William, which had been duly ac-
cepted by the faid Sir W. L. but had not been paid by him : and
whereupon afterwards, to wit,on,&c. in confiderationof the premifes,
and alfo in conftderation that the faid William had then and there, at
the like inlbuice and requeft of the faid John, forborne to call on
die faid John for the immediate payment of the faid laft-mciuioned
fum of money, and had accepted a bond from the faid fir W. L. ^{"""Zbtl^l!^
bearing date, &c. conditioned for the payment of the faid laft- and accepting »
mentioned fum of one hundred pounds, by the faid fir W. L. to bond.
the (aid William, with intereft at five pounds per cent, on, &c. he
the faid John undertook, &c. that if any default fhould happen in if default cT
the payment of the faid laft-mentioned fum of money, according i»ymfm,wouW
to the confideration of the faid laft-mentioncd bond, he the laid John ^«^i^»«*Wc.
would be refponfible to the faid William for the fame : and the
laid plaintiffs aver, that the faid Sir W. L. did not pay the faid laft-
mentioned fum of money, with intereft, or any part thereof, to
the faid William, on, &c. then next, accprding to the eonfidera-
tion of the faid laft-mentioned bond, or at 2(ny other time whatfo-
evcff &c. ice. (Conclude as in firft Count.) And whereas aUb 3d Coont m 00
the (aid John heretofore, and in the lifetime of the faid William, a promtOU^
to wit, on, &c. at, &c. made his certain note in writing, com- *>9^*
moniy called a promiflbry note, bearing date, &c. and then and
there delivered the faid note to the faid William,' by which faid note
the (aid John on demand promifed to pay to the faid William ten
po<inds ; by reafon whereof, and by force of the ftatute in fuch
cafe made and provided, the faid John became liable to pay to the
fiid William tne (aid fum of money, &c. ; and being fo Uabh, he
the (aid Johq undertook, &c. And ^^ereas, &c. (Motiey. had 4th Count.
md received ; sth, money lent, 6cc* ; 6th Count, money Lid our,
2fic ; account ftated.) Yet the (aid John not regarding, &c. but Conclufioa
con-
1IS4 ASSUMPSIT GENERAL.^-Oi* BILLS d»lHXCHAN(?EV
eontrivingt fiiC. todcceive, Ue* ihe £rid John m hitlrfe-^itne, koit
the faid pYaimiffs as afbrefaid) (incehis death, in thu^ behalf hath noi^
aMiough often requefled, been refponfible to the fiid William m
bis life-time, or to Ae faid plaintifF, executrix asaforelaid, fitice the
death of the (aid WtUiata, (or the &id Cveral fums in the ftrft a«d
iocond counts of Ms declaration mentioned, or either of chenu sr
paid the fame^ or the &fd feveral other fums of money hereinbefore
mentioned, or anj of them, or any part thereof, to the £iid Williaoi
in his life-tinit,of to the faid ptatAtiff, excfrotrix is aforeiaid, fince
the death of the faid William « or to tithtr of them, or in any wife
&tisfied any CM- either of them for die dime, but hath hitherto wbotty
fcfufed to to do, and ftill doth refufe tt> pay the (ame to the laid
plaintiff, executrix as afore^id, to the damage of the find plaind^
executrix a« aferefaid, of one hundred pounds ; and therefore flie
brings her f«it« And flie brings into court hrre the Ittterl teftanac^-
tary of the faid William doccafed, which teftifv to the covit btrl^
that the faid plaintiff Is oxecuttix of the laft wtH jvid teftfdieilt «f
the £iid William ucoeafed, and has the execution tl)creof| &ec«
Ji
Pira to the a- And the faid John, by A. B. his attorney* comes and deloiMii.tbe
^* j*"JI?* wrong and injury when, 8cc. (non affumpfit) And 1^ further ptai
l^^ae^'^a «" «^« behalf, hc the faid John, by leave of the court here IbriMs
jmMim^), 3<l» purpofe firft had and obtained, according to Hkt form ofth* (hiCiile
That uilator in fuch cafe made and provided, fays^ that the faid plaintifllk (iM»
^ Meted to fgQjfj . |>ccxufe he ftys, that the faid feveral caufes of a£Kon irt tht
i^^^^^'!S^ *" L 6id declaration mentioned did not occrut^ nor d4d any or either if
»Miey dMA he ^^"™ accrue, to ihc faid plaintifFs, within fix years next before the
^wc4 m plain- fuing forth tiie original writ of xht fjid plaintiffs, in manner aiMl
^tMC 4U1 pka» form as the faid plaintiflfs have above complained agatnft him \ and
^•fchaTof^ this, &c.: wherefore, &d. if, &c. (tf). And for further plea in ^
5wS« and ^«*^*'f> f^^ **'^ John, by like leave of, 8cc. according^ ice. Ajr*,
^nds/ in the thnt the faid plaintiffs /^^//f^ nen) ; becauf;.* he fays, rtlat the uid
Aril and fccond W. £• deccafed, in his life-time, and at the time of his dcelh^ wis
Ooum.-, wtthc indebted in, and that there is ftill due and owin*'from tite 614
W^L* *'***life' plaintifl's, executri>c and executor as aforefaid, unto him the Eiil
limeof teftatorj J^^"5 ^^ ^^^i ^^^ ^^' ^ much larger fum of money than die ttA
faid part •f of money duo and owing from the faid John to the faid plaimiA aS
pciB^pal and. fuch executrix and executor as aforefaid, and whereof they iMve
irtcrett then ^bovc complained againft him, to wit, the fum of one thoil&nl
TnTtot thi P<«n*» ^ lawful, &c. f<5r divers goods &c. fold ind <fe)Wcredto
bond laft made the ifiid W. £. and at his fpeciai inftance and requeft, andfet
%»; delivered by moiiey by the faid John lent, &c. and for other money hi^oiitt
the faid Sir w. ^, j^j for other money had and received, &c. and for MMr
^ ^*l^^?^ money due and owing upon an account ftated between tbe tM
ur iiifatisftaioD ^» ^- ^"^ ^^^ ^^*^ J^^" ' which faid fum of money fe due floi.
•f *lhe Ibraicr owing to the faid John exceeds the damages fuftained iy iht 6M
k^nd of defendant. 5th plea, The tike pies, only ftating, t!Ktt Che bond Ui\ made hytrW^Xftti
accepted by tctt^tor, in fati«fa^2on ef the former bond. 6t^ piea» 9ame« «!i!y iUtii^tiHrthf Ml
laft nuKte'was delivered by the iald Sir W. L. and accepted by the teAator, as and by way of M*.
liflion of Che former promife and uridcrtaking of fiiid defendant. ytU plea, Same, onTy flaUl^
that the bond iaft made wat dcUv^ed by Sir W. L. and accepted by teftatcr^ a«and hy way of aoe*
^curicy for the principal' and in(tr((l remaining due oo the fiift bond.
. IIJLAND nt PAYEE. HSi
pbmtift «l filch ekecutor and executrix at aforesaid, by reaibft
of the noa-perfDnnance of riic firveral pitMnifca and undertak)pg$
btiiefiMddftkratiiOQfncntioncrf^ aadoiil of which faidfuiii of mone^
Ik &U Joho k ready and wUKng^ aod herchy oflFera, to fit ^and
illow to the ttd plaintiflHaa (ttch executor aM cKCCutrix ac a&»ie»
iaidi b rniich money aa the daottge fuftainedby theoi by reafon of
theiian»perfbrmmg the fereral promifet and undertakings of the
liid Joha to iha faid declaration oicxiiiQaeBlanoiuit to^ and tbis,&c. :
wrheiefoia, fcc. if, &c« And for further pka in this behalf as to 4th Vk^
the firft and fecond counU of the faid dedaration, hethe faid Johoi
hy like Icate^ &c. (ap (aSJc nm) ; becau(c he fays, that the faid
pramifea and undertakinss in the (aidfirft count of the iiid decbia*
tkn mentioned, and the laid promifrs and undertakings in the fiud
(eoood count of the iaid dedaration mentioned, are one and tho
fime proaufeand undertaking, and not divers or diiFerient psomifea
and mdertakings ; and that the faid biU of exchange and bond in
the Cud £rft count of the £ad declaration mcmiooed, and the Ud
hill o^ &c. ta the iiud'iiBCond count of, &C were and are one and
Ikki fane bill of exchange and bond, and not otbcr^ &c. ; and that
after the making of the (aid promife and undertaking in the find
£rft and fecond counts in the fiuddeclacafioa mentioned, and in the
Ufe-thne cfthe &id W« £• and iiffri ibtfuing forth the trigimd
vftit rfiUfiid phltitrffty to wit, oo, iuu ttie 6id Six: W^ L. paid
rndftitUfitd to the £ud W. Y^ a certain other large fum of aaeney^
parcel 1^ &c» and intereft, for which the faid bond in thefaid firft
end feoond counts of the faid dtrchnatioa mentioned was i^ givon
asa£iimlaid ; and cbatche iaid Sir W. L. on, fcc. at^ &c. mad%
baled, and aa his aift delivered unto him the faid W. £• a c$rtain
mhir4mid§r ivrking ^bligatmj^ as therein is mentioned^ in x ceK
lun penal fum of mteey tbereia alio nxntioned, conditioned far the
pajFMBii to hioa the faid W. £• at.a certain day then to ccmiei of a
cmaia hrgefiim of money therein aHa mentioned, to wit, a finnof
money amountiiig to the principal and intereft then remaining due
and owi^g to faun the£tid W. £• on die iaid bond in the iaid Sate
and feoood oouacsof the bid decbratioo mentioned, with intereft ;
wkich find bond or writing chK^atonr hflJy made by the iaki Sk
W. L. aaaforefiud,he the &id Sir W. L. thenand d«rre made aai
deliteted Co die bid W, £• in Mcu^ fat irfa^iUrty anddifebargi rf
Aifmdfirmirkaudd him the faid Sir W.L. in the faidiirftand
(bct>aieottnts 0^ Jccandof all principal and intereft thenremaittt
ha doe and owing thereupon, and alfo in fidl fathfa^ian ami
d^dimp of the fiui pcomifeand andertakiiw of the faid John in the
fitidilftandftGOiidcountaof^8cc«; and fi£ch faid bond or writing
obUfittory fo laftly made by the faid Sir W, L. as afoidaid, she
ittd W. £» then and these aaok, atcfptid^ and received of and frona
the tfd Sir W. L. in heu, Cuisfaaion, and difcharge of the fat4
forans hondof the iaidSirW. L. in the bid firft and feconi
counn e^ &c. and of all fuch principal and intereft dien due afxl
owbig-thereon as aforebid,and alio w full, ta. of the iaid promift
mA imdertaklng ofthafidd John in the iaid £sft and fecond coama.
as* ASSUMPSIT <5£NERAI — On BILLS Ap EKCrfA JIGfi.
$ih Pkt. of, &c. t and this, iae* i wherefore, ibc. And for farther plc» in
this behalfy&c. (a^ie ncn) \ becaufe he fiiy^, that the frid promife
and undertaking .in the faid fird; count, iic. and the fidd promife
and undertaking in the fatd fecondcount, &c. are one and the lame
promife and undertaking, and not dken, &c. and that the faid biU
of exchange and bond in the (aid fecond count of, flee, are one, ^^
&e. ; and that after the making of the faid promife and tiodercaking ^
in the faid firib and fecond counti mentioned, and in the life -time '
of the faid W. £• to wit, on, &c. at, &c« the iaid£r W.L^
paid and/atisfied to the faid W. £. a certain large fum of moneys '
to wit, &c. para/y He* and intereft, fqr wjiich the faid bond in
the faid firft and fecond counts, &c. was fo given as afore&id; and
that the faid (Ir W. L. afterwards, to wit, on, &c« made, fcded^
«ifl as his a<^ delivered unto the faid W. £. a certain other bond,
iic* dated as therein is mentioned^ in a certain penal (am of
money therein a)fo mentioned, conditioned for the payibent to
him the faid W. £, at a certain day then to cociie, of a certain
large fum of rfioney therein alfo mentioned, to wit, a fom of
money amounting to the principal and intereft thin remainhig dmi
mnd ewing to him the did W. & on the had bond in the iaid firft
and fecond counts of the laid declaration mentioned, with intereft $
end which faid bond or writins obligatory fo laiUy made by the
faid fir W. L. he the fitid fir W. L. then and there made and de^
livered to th^ faid W. £« in lieu, &c of the (aid former bond of the'
6id fir W. L. in the £iid firft and fecond counts, &c. and of pfin«
cipal and intereft then remaining due and owing thereon ; and
which fiiid bond, or, &c. fo laftly made as afore£ud by the fatd
fir W. L. the faid W. £. then and^ere took, accepted, and
received of and from the faid fir ,W. L. in lieu, &c. of the bid
former bond of the faid fir W. L» in the find firft aild fecond
counts, &c. and of all fucb remaining principal and intereft tbctt
remaining due and owing thereon as aforefitid; and this^^ lf#.
$ih Ple£ wherefore, &c. if, &c. And fi^r further pica, &c* fa^io nm) r
Vecaufe he fays, that the (aid promife and undertaking in the bid
firft count, &c. and the fiiid promife ^nd undertaking in the fiiid
lecond count, &c. are one, fcc. and that the faid bill. Sec* &c. (as
before) ; and that after the making of the (aid promife and undcr->
taking in the faid firft ajid fecond touuts, &e. and in die lifetime
of the faid W. £• and before the fuing, &c. of the faid ^latntiffs*
•to wit, on, &c. the iaid fir W. L. paid and fatisfied to the fiiid
> W. £• a certain, &c. part andparceX &c. for which i^id bond in
the faid firft and fecond, &c. was fo given as aforefaid ; and thai
she faid fir W. L.* afterwards, to wit, on, &c. made and fealcd«
and as his a£t delivered to the faid W.£. &c. (as before), in full faiis*
fadion and difcharge of the faid promife and undertaking of the
faid John in the faid firft and fecond, &c. as to the refidue of the
faid principal and intereft then remaining due, 2cc. to the &id
W. £• on the (aid bond in thefe counts mentioned > and which
faid bond, or, &c» fo laftly made by the (aid fir W. L. as afore^
iiud, the iaid W, 1:, then and there (ook| &c. in fuU» &c« .of tli^
i«d
IKLAND, BY PAYEE, ftJ7
lEud prdmtfeam] undertaking of the faid John in the faid iirft ni
Second counts, &o as to the refidue of the faid principal and in*
tereft then remaining due and owing on the laid bond in thofe
t:ounts mentioned as aforefaid ; and this, (zc. wherefore, &c.
And for furt&er plea, &c. as to the firft and facond counts, && ^tb plea
faAh non)\ becaufe he fays, that the faid prooiife and 9ndertak«>
ing in the faid count, 8tc« (as before, till yoa c«nie to ^^not other
and different") ; urid that after the making of the faidpromife and
undertaking in thefirftand fecond counts, &c. and inthe lifetime
-of, &c. and before the* iuing, He to wit, on, &c. the fiid fir
W. L. paid, &EC. a certain, ice. part, icd for which the faid bond
in the faid firft ?KfA fecond &c. was fo gi^n as aforefaid, and that
the faid fir W. L. afterwarc's, Sec. made, &c. &c. r which faid
- bond, t>r, &c. fo laftly made by the faid fir W. L. he the faid fir
W. L. then and there ihade and deli\rertfd to the faid W.- £. ^s^nlil
^y way of a naujicurky for the refidue of the faid prjj>eipat artd
intereft then remaining due and owiAg to the 4id VV. E. 6n the
*iaid bond in the faid firft and fecond, ^c; and which &id h6nd b
AzMy made by the faid flr W, L* as iiforefaid, the faid W; £• then
' and there took, accepted, and received of and from the faid fir
W* L. by way of a new iecurity fi>r the faid reftdue of the &id
principal and intereft then remaining dae and owing on thi fan!
bond of the faid fir W. L. in the iivid firft and fecond counts, &c« ;
and this, &c. wherefore, &c. if, &c« S. Marshall.
I have taken a Similar liberty to abridge this Plea, and the Replication, as I iiavf
^une fome of the Dcdaraticns preceding, but prcicrved chfC iiilbftance.
And as to (he faid plea of the faid John by him v&ove pleaded R^iiettSonto
in bar, and whereof he hath put himfelf upon the country, the the above piea»
fiiid plaintifFs do the like. And as to the faid plea of the fain John that the teftator
by him fecondly above pleaded in bar, they the faid plaintiffs fa)s(^^^' ?^
pracludi non ; becaufe they fay, that the aforefaid VVilljani in his wWf but before
lifetime, after the making of the faid feveral promifes and under- the return he
takings of the fiitd John in the faid declaration mentioned, to wit, died, and that
on, &c. for the recovery of his damages by him fuflained by rea- P*»»»t*ff»> a*
ion of the non* performance of the faid feveral promife^ and under- fo^^^j^^*
takings fued and profdcuted out of the court of chancery of our ^^raitls rue4 occ
faid lord the now king, and the faid court then being at Weft^ anotlier writ,
tninfter in the faid cbunty of Middlefex, tfcertain original writ of *™* *!**« thp
our faid lord the now king, againft the £iid John, by the name of ""* ®^ '*^'**"
J. P. late of, &c. dircaed to the then (heriffs of the city of Lon- in f^'^J^I^*
don 5 by which faid writ the king commanded the faid thenfiierifFs 3d RepUcation,
of London aforefaid, that if the laid William (bould make them that neither the
-fccure of profecuting his claim, then they (hould put by gages and ^ft«tor nor the
fafe plfedges the aforefaid John, that he ftiould be before the ^^^ ^ .
juflfces of our faid lord the now king. at Weftminfter, on the pontiff. 4th,
'mbrrbw of All Souls then next following, to fheW wherefore, admitting that'
with f6?ce and arms, the clofe of htm the faid William, at, &c. a. B did pay
he broke, and other wrongs to him did, tp the gVeat damage of *?"* J^* ^^^
; ,^ • - . "^ . ® ® the teftator did
flot accept the laft bond In dSfcharge of the firft. 5th an^ 6th nearly the fame as 4th aad 7Ch tbai
fhe tr Aat9^ did not kccept the Jail bond by way of new fecurity. '
V01..I, 5 bim
tt^ ASSUMPSIT G£NERAL.*^^ir BILLS or EXCHANGE*
bim Ac fatd William and agjunft the j^ce of our loYd die npm
kings and that they fliould have then die names of thofe {dedgc8|
and tl^t writ ; vbich bid writ the faid WiUiaoi fucd out agaiiift
the faid John, with an'incentiom that upon an app^rance of the
laid J<^ to the fittd writ of the iaid WilUam, be the faid Williamt
Mccdrding to the cuftom of the faid court of the bench here. wouM
theieapon declare againft die faid John for the caufe afbredid iu
the diedarat^n of thera the iaid plaintifiV above mentuw^ed i but
that be the laid William afterwards, and before the return of the
&id original writ, towit» on, &c. dit/^ nvher§by tbipiiU •rigimml
wrk tben and there bfcime, and was wbollv a^uJ and difcoo*
tiiHied ; and the iud plaintiffs, executor ana ei^cutriy as afore-
tMf in a much (borter time than the ipace of one year after the
death of the £iid WiBtimt and as ^bon as they fonvenientlv could^
' to wit, Ofi, ice. fued oat of the couft of f haSficery of our lord tb«
newJ^qg, the iame tbab^in| at Weftaiiniler a&iciaid, in die
iaid coiimcy of Middiefex, thefaui original tur'^ wHereon the &f4
C' i^ASs have aben^e deeUrtd, returnable to the faid jpou^ of tbe
d the king of the bench, on, &c. in the twe^ty^ninthycair oil
4cc. i to which iaid original writ of them the (aid plaintiro, tbe
•fopcAid Jobn, in M^haelmas Terai laft paft, appeared, by J. N.
bis atMney, in tbe £ud court of tbe lord fbe kin^ of tbe bencb
btft j^ whereupon they the (aid plainuffs, in the iaid Micbaelmai
Term hf& paik, declared thereupon agai^ft the (aid John in manner
AwrawnttfM^ and form albreiatd. And the aforciaid plaintiffs in fad fity, tba|
P***"^*"*"!*^ the iaid Icveral caufes of afiion, and each of them, have Lccrued
3i;^ona«t2;?^'f'»/"^^ !>*;^^^ *^ 'ff"i."g, »1^^ faid original writ
iimte, 1^. j ^ * f^ by ^^ i*id Willii^m in 7)is lifetime (ued out and profe^uted aa
aforefaid, and that the aforefaid William, in the writ aqd <ic^*
ration of them the faid plaintiffs above tianied, are one and tie
andthatdefend- fame pcrfon, and not other or different ; and that the aforefaid
am named. See John, in the aforefaid original writ by the laid William fiied and
the fame, &c. profecuted as aforelaid named, and the faid John in the writ and
declaration of them the faid plaintiffs above named, are one and
the fame peribn, and not othe^' or different ; and this, &c. ' where-
fpre they pray judgment, and their damsiges, by occaiton of ^
Rtl^ication t5 premi(cs, to be adjudged to them, &c. JnddiS-to tiic iaid plea crfp
3^P*'^' '^"1 *e faid John by him th-idly above pleaded in bar, the Cud (ilaia-
KTidacd on the ^.^ ^^^^ ^^^ .^^^ pr4tcludi nsn ^ becau(e they ^y, fh^ the laid
William in his lifetime, and at the tiute of his death, was not, ooi*
were, nor are they the faid plaintiffs, as executor and exocutriic
lis aforefaid, or either of them, indebted to the iaid John in matl*
her and form as the (aid John hath in his (aid thir4 plea' abov^
pleaded; and tht( the iaid pUii^tirt spray may be iiKluired'V>f by^
Riplicidon to country, &c« ji^ as to tbe iaid ple^ of the .iaid John hy hiitf
4<^ii1ca. fourthly above pleaded in bar as to ti^c firft ai^ iecond coiiitta4)f
the iaid o«(Iaration, the faid.pbuntif{s&v, pntcluH mn^ bccaitfe
protciling, that the faid fourth plea, and the matters 'lh«pein con*
tained, are not ftificicnt \n law jto b^r tbem from halving their
aforciaid aAion thereof maintsinfd sgaioft him tbe faid John W
reoucatiofi t
fyspKcatioD: neve«tlid«fi, in thi» bdutf^c^fsld platiitt& ^f, thiitt
tnio it it that the fakLiir. W« Lt 4il[»y,«fid>fiitiffy tQ the faidi
Wiliiain in his lifetime liich. run» of money tt the fiiid John hadi
IB bis fourth pleaaiboveaUcdged, part aad parcel of- the ftid iool»
afid interefl, for which, the ftld bond in the iirft andfeeond covnti
waa given, as the (tii John hath in his iaid fourth plea above al*
ledgedi but pooieflti^» that the ftid fir. W. did not makr^ feadt
md as hta aft- and deeid deliver unto the faid William, foch. other
bond or writing obligatory is the iaid John hath in his Ud pka
aih alled^ed: and m faid plaintiiGi further lay, thitt dw faidf.
Williaai in. his Ufiptiane did not tabei accept, or reeeive.the.fiBidr
laft mentioned bond or writing <^ltgatory from and of the laid fir.
W. L* in lieu* fatisfofiion, utd difcharge of the former bond of;
him thp iaid iir W. L. in the laid firft.aod fecond counts of the!
ijiid declaration mentioned, and of. all principal and tntereft then.
due and owing thereon, and alfo in foil- fiitisni£lion and difcharge
of the iaid promifes and undertakings of the faid John in the f^id fid|i
QC feooqd counts of the laid declaration mentioned} or either of.
tbem» in manner and form as the iaid* John hath in his liiid fourth
^ea above ailedged ; and this the fiid plaintiils pray, 2cc. Aad: Re]ilicttlMi %
as to theiiiid pl^ oftbe iaid John by him fifthly above pleaded in ^^ ^^
bsr as to the firft and fecond counts, &c* the fjjd plaintifis fay,
pracIuJi nam \ becaufs protefting, that the faid fifth plea, and the
matters therein contained, are not fufficient in law to bar them
the fiud plainiifis from having and maintaining their aforeiaid
adion thereof againft the faid John for replication i neverthdefi^
in this behalf the faid plaintiffs fay, that true it is that the laid fir
Vi. L* did pay and latisi^ to the faid William in his lifetime fudi
iiim of money as the (aid John hath in his faid fifth plea abovo
alledsed, part, &c. and iiuereft, for which the (aid biond in the.
iaid nril and (econd counts of the faid declaration mentioned waa
given, as the (aid John hath in his fdid fifth plea above ailedged ; but
jprotefting. that the faid fir W. L« did not make, feal, and as hia.
ad and deed deliver unto the faid W. £. fuch other bond or writing;
obligatory as the faid John hath in his faid fifth plea above ailedged )
and the fafd plai-itiiFs further fay, that the faid W.£. in his li^^timi^
did not take, accept, and receive the iaid lail mentioned bond or
writing obligatory of and from the faid fir W. L* in lieu, fatis^
^ion, &c. of the &id former bond of him the fsud fir W. L. \xi
the (aid firil and fecond counts of the f^ud declaration mentioned^
smd of all renniining principal and intereil then due and owing,
meceon, jn manner and form as the faid John hath in his i^id i^ftli
|lea above ailedged , and this the (aid pl^ntiffs (^fo pray, &c,
4fid as to the faid plea of the £iid John by him fixthJv above [d«ul- RtpTjcatSoii tf
cd in bar as to the firft and (econd counts o^ ac» fay, • &c« 6th idea.
fr^echuli nou \ becaufe protefting, difit the iaid iixth plea, &c.
j[a$ before) \ neverthelefs, for replication, &c. thev lay, that true
It is that the iaid fir W. L, did pay and iatisfy to toe iaid W. K.
!'p his lifetime fuch fiim of money as the faid John hath in his iaid
Ixth plea above ailedged, p^rt aqd parcel, &c. for which the faid
t)0s4 iq ^ iaid firU ^ fecond coun^s^ $(<;• wv ^iveo, as the
3 t iiM4
ft$9 ASSU\fPSIT GEliERAL.~OM BILLS or EXCHANGE.
fii^'John hath in his faid fixity plea above altedged ; bot protefting,^
that the fald fir W. L. did not 'ihakC) &c. (as before), in full*
fatisiaftion and difcharge of the (aid promife and undertaking of
the fiud Jbhn iii tbe^faid firft and fecond counts, &c. as to the
faid riefidue of JJto laid principal and intereft then remaining due
alkd owing on the faid bond in thefe countis inentioned, in manner
afid form as the faid John hath, &;c. alledged ; and this they pray^
»«p]ieaiioa to Jjc. And alfo as to the faid plea of the faid John by him laftljr
7^}^ 9^ ; above pleaded in bar as to the faid firft and fecond counts, &c.
' the {aid plaintiffs fay, fracludi mn\ becaufe protefting, that the
iaid laft plea and the matters therein confined, &c. (as before)
Tor replication, &c. fay, that true it is thV the fafd fir W. L, did
pay and fatisfy to the faid W. £• in his lifetime fuch fum of money
as the faid John hath' abpve in his (aid plea above alledged, party
3cc. for which the laid bond in the faid firft and fecond counts, &c,
\n& given,' as the faid John hath in, &c. alledged ; but protefting,
fbU'tbe faid fir W. L. did not feal, &c. kj waj cf newficuri^
for the refidue of the faid principal and intereft then remaining duQ
and owing on the faid bond of the faid fir W. L« in the faid firft
^ '- ' * 'and fecond counts, &c. and intereft, in manner and form as the
'' faid John hath in Jiis faid lall plea above alledged; and this the
faid plaintiffs pray may be inquired of by the country, &c.
• " ' ' $.Le Blanc.
On a baakert MIDDLESEX, to w!f. Sir Jacob Wheate complains againft
iirtfr atfixdiyi George Robert Fitzgerafd, being in the cuftody, ice. for that
j>ayaWe to bear- vrhereas the faid defendant, on the twenty-fifth of June A. D,
^ainft Driwvcr. ^77 3» at Wcftminftcr, in the county aforefaid, according to the
. , ufigeand cuftom of merchants from time immemorial ufed and
jfpprov'cd within this kingdom, made\i\% certain hill of exchange in
writing,' fubfcribed with his own hand, bearing date the fame day
and year aforefaid, and then and there direftedthe faid bill of ex*
change to Drummonds, (hy the name and ftyle of Mcffrs.
Drummonds,) and by the faid bill required them the faid
Drummonds, fix days after the date'of the faid bill, to pay to the
i//irer thereof, the fum of feventy-three pounds' ttn (hillings, of
TawfuU &^. for value received, and' to place it to the account of
the faid'(Jefcndant, and tl^eh and there delivered the faid bill of
exchange to the'faid plaintiff; which faid bill of exchange he the
fiiid plaintiff afterwards, to wit, on the fame day and year ^ore*
faid, at Wcftminfter aforefaid, in the faid county, prejented and
Clewed the faid ' Drummonds for their acceptance thereof j
but the faid Drummonds then and there abfolutely rcfuftd
to accept the faid bill of exchange, nor have they the faid
Drummonds, nor either of them, paid the 'faid fum of money
contained jn the fame biir of exchange, or any part thereof, to
fihe faid plaintiff, although often requefted bv the faid plaintiff lb
to do ; of all which faid premifes he the faid defendant afterwards^
tb wit, on the fame day and year aforefaid, at Weftminfter afore«
faid, in the faid county, had notice; by reafon whereof, and ac«
cording to the uf^c and cuftom of merchants aforefaid, the fttA
' ' defendant
MJL'AND/ *V PAYEE. .»*»
defeodant then and tbcre bt^ame li^le to the fdlSd pbiofxSi Mng
ibi teanr of the (kid bill) the faid fum. of money contained in the
fiud bill of. excbangei according to the tenor and effe£t thereof;
and being fo liable, he the faid .defendant, in confideratioii there-
of, afterwards, to wit, on the fame day. and year aforesaid, at
Weftminfler afore&id) in the Cud county, undertook, and to
the faid plaintiff then arid there faithfully promifed to pay him the
£ud fum of money therein mentioned and contained,, according t6
the form and effect of the (ame bill, whenever he the faid defen-
dant (hduld be thereunto afterwards re<iuefted: neverthelefs, &c.
&c. F. BvLL&h.
• «
l/LlDlitESEKi Jf. John Hali, late of, &c. was attached to tiedantioo t)y
anfwer Ftlher Adamibn in a plea, &c. that whereas the, faid John, or%"»l againft
. l>efore and at die time of' the making of the promife and Mndertak- ^f ^^^ ^ *
ing of the faid John hereafter next mentioned, was owner of cer- ttfi^'who hacT*
tain Ibips or VeifelSy to wit» of a certain fhip or vefTel called tHe fumiihed oii« of
Attempt, and of a certain other (hip or vefTel called the Audaci* the fiiiiori with
ouSy and the (aid (hips or veffels being, (hortly to (ail upon a cer- '^^^'Iffv^
tain then intended voyage from the port of London, and on^ ZJ^riven S*
J« H. who intended to go and ferve as a mariner in and on board fiawtjf a drajk
one of. fuch (hips or vettels in its faid intended voyage, having on the dtfendi.
provided himfelf and beea fupplied by the (aid Fi(her with certain ^]y ^^ P'^*
neceffarics for the (aid voyage, to a certain amount, to vtit, .to the T-^*!? ^^ ***
amount of two pounds of lawful money of Great Britain, he the
Cud John, before the failing of either of the (aid (hips or ve(rels, to
wit, on, &c» at, &c. in, &c. drew a certain draft for the payment
of the /aid fum of money, bearing date the fame day and year aforii*
Cud* upon the faid John as fuch owner as aforefaid ; aud thereby,
for and tn account of the {i) wages that might beconu dut to him {i)^vm.iS^
the (aid J. H. as fuch mariner as aforefaid, and then and there re*
quired the faid John, one month afcer the failine, to pay to his
die (aid T« H/s order the fum of two pounds fterling^ in cafe
he Jbouldgo (that is to fay, fail) on the faid intended voyage m
either the faid (hip or veuel called the Attempt, or in. the (aid
fhip or veffel called the Audacious; and having drawn fuch
draift or order for the payment of fuch money as aforefaid, and
the fiud debt or fum of two pounds fo due and owing to the 'faid
Fifher being ftill unpaid, he the faid J. H. to enable the faid
Fi(her to obtain payment and fatisfadUon of the fame, afterwards,
and before his (ailing in either of the faid (hrps or veiTels in fuch
voyage as aforefaid, afterwards, to wit, on, &c. in^or/ed znd de-
livered oyer to the faid Fi(her the faid draft or order fox; the
payment of the money fo drawn upon.the faid J. H. as aforefaid,
and thereby duly authorifed, ordered, and required the (aid John
to pay the faid fum of two pounds therein mentioned to the (aid
Fiflier, at the time and on the event therein fpecified as afore-
&id ; and afterwards, to wit, on, &c. did go and fail from the .
(aid port of London in the (aid (hip or vellel called^ &;c. on h<r
S3 afore*
lii^fes, lie the hid Jdhnji/terW^rds, atidb^fote fke kdMng t^fhh
$rtrmife tml trndertaking ^et^'fter next In^ithsneil, Co'iMt, m»
^ re. tt, {(€. bad notfce ; and thereupon afterwards, and-ifterdle
^iKng df the fiiid laft'^n^tiohot (hip orirefil cm her (aid iMhiddl
Sro/tigt aar-albrefaM, ' ta trk» "(tef , Bcc. it,'fiec. In, &c. in ^Mfr*
'-deriftidn of AeYerehd f^¥6tiAfts aibfclaid, Itoid'iAb ineonrilieflaiiQh
%at the Mi Filber was 'ftiH tmplld Ms M^t ^^MM^iiPmi
'pounds (b (kie and owtngto brm fttmi the kid J. N. as Mf^tAi^f
'be the taSd John undertook, and then ^md' there-iai thMljr preddfeB
*tbefiiidF^er to pay htm the (M FUbcr the laid fam ofMto
pounds la the faid draft mentioned, upon the hid twenlv^nintb
daj of die faiJ month oT December A« D* jyib : and attbougb
ttpbn the faid twenty-ntndi day of, fltc. the feid debt W 'Atm of
*iwo pounds fd due and oWing^fom the £tid J# H. is aforeGud f«-
maihed itii Hum (Klf <{ue and lywfng onto the (kid FfDier ^ and a}«
^though the faid John had then atttf there, 'towit, lit, Ate. ilotioe
thereof, and was then mtd there I'c^lfed' to pay*'tbe'£Ad. fum it
two* pounds in the fild draft merrtioned unto 'hi An the '6kt
FlAier, »rcordik)g to the tenor anti'effeft df • bis ^afbnr&id profnffe
' and tiridertaking in ihit behalf $ yet tbe*^d ^ohn, ' nbf rea^u^fitlg
' • his faid promife and "undertakinB:, but contri?hi2 and firauM^ifAy
•intending to deceive the fbid itfhtr in this^benalf, did nbt,*^dlh,
•&c.-pay, hor hath •he* as yet paid, \hc find fom of two porn^in
-the ^faid 'dfaifc mentioned, or any part thereof, -to chefiM FiSJii^,^
^but ficio to do then and there, and atwtiys from 'thence hkbeftb,
bath ncglefted and refufcd fo to do; nor hath^hethe'fcid J.iH.*A»
' yet paid to the faid F Jfher the faid debt or fum of two pdiitid» lb
due and owing to him ffom the&id J. H. as iforefaid, orariy^)l9t
thereof, but the fame is ftrll wht>lly due ^tid tinpaid to fiihi'theftU
miStfmt. Fifller, to wit, at, &c. And whereas, &c- (Goods fold ^^«e
-phidtiff John Hall, and delivered to J. H. 3d Cofint, Mdi^
iaidt)ut^ &c« ' &c, i accDimt dated, iuid common condtHlon.) '
fit riBST INDOfRSEE.
> «
jndorfit ^inH FOR thit whereas, at the fevieral thncs 'htfcijfier m
Acefffor ©f aW the (aid plaintiiF and * defendant, andoiieD. C/we^epdrfens'
inUnd bUl ©Cfidinfo trading, anduft(ig commerce Within this kingAwihtoWft^
**^*^^- ^ar, fcc. and being fo rcftdent, itc. he the faid D. C. 'herttoifetey
to v;it, on,'&rc. -at, ftc* according to the cuftom (if met>chant9y
•from tFme imntcmorial-uferf and* approved bf within Alskmgdom,
made and dr^w tis certain bill of eafcbange in' wtitinor, his iPMa
^proper band beih? thereto (ubferibed, and this fi«} bill, b^atrii^
^date the day and y^r aforefaid, then -and thefe idii^fted'^ fitU
(deftndant), by the'nameof, &c. and by the faid Kll dietf anithel'e
required the faid (defendant) iw^mnthsAet datethefec^,'tDpajrto
Ms the fittd D. G/s own order ttthty {knmdfvdue recdredidliiSm-
Che
IMlAnD, BYFIRStlNBOfLSEE.
163
Oe uld'D. C* which did bill of exchange he die laid (defendant)
afterwards, to wit, on, tec. at^ &c. accefinii according to the AM^pttact,
feud ctkftom of merchants ; and the faid D* C^ to Whofe order the
jHmnent of die. faid (am of money ^ in the (kid bill fpecified, was
to W. made as aforefaid, afterwams, and befbfe the payment of the
JEiid (bm of money in the faid bill fpecified, or any part thereof, to
wit> oq, ^c. at, .ftc. inJbrfei the faid bill* his own proper haqd tuMaemti^
being thereto fubfcribed, according to the faid cuftom, and bfduft
indoi:femen^ appointed the faid fum of money» in die fidd bill fpe-
bified, to be paid to the £ud plttntiiF,. and then and there ddivered
the (aid bill, fo jndorfed^ to die (aid (plAinttff) ; of which faid in-
^rfement (6 made bn the faid bill as aforefaid, he the laid (de«
feodant) aifterwards, to wit, on, &c. at, &c* bad notice { by
means lirtiereof, and according to tht faid coftom und law of ipof-
chants, the faid (defendant^ became liable to pay to the 2aid (plains
dff)' die &id fum of money in the faid bill fpecified, according to
die tenor and hSeSt of the faid bill and his afore^d acceptance
thereof^ aiid the iaid indorfement (o made thereon as afbrefaid i
%AA beiiig foliabie, he the faid (defendant), in confideration there-
of, afterwards, to wit, on, &q. at, |cc. undertook, &c. to the
fiid (plaimifF), to pay him the faid fum of money in tbe &t4
biU fpedfied, according to the tenor and effeS oi the fitid bill^
and of the (aid acceptance and indorfement aforeCiid. {id Count,
for money had dnd received. 3d ditto^ Money lent and adnnce(^
4th, Laid out, expended^ &c.: account ftated, and common
Condufion.)
Tke deftiidanr Adj^d! the aeeeptaoce
•DlvaijifNy. I haw looked int^ tbe
•bgohp itpoo the defence iatended to bo
let up to tbit at^on^ apd I Jun induced
to think, thit if the forgery can bcclear-
Ij made oat, (but nototfaerwXc,) it Will
he a* anf«rer to tbe aAidD. I have not
Ibmid aoy orfi esad^ in point, but I thtok
that there is one thacnearif goo the kB|Ch
of tbe defence. It it that of Cooper and
^ Blanc, 2 . Stra 1051. when, though
the chief juftlee Rfofcd tu let the de-
Attdam (the indoifer of ■ aote , who,
• lyoaitthcuac brooght to him, ;ickaoir-
It^ged the iodoiieaent, and (aid the bill
sottld be fiiid) DOW a Aifftif of fa*
dbrfeoMnt by fimilitude of hands, pet
the cafe gOM on to (a|r« ihat the iq4|0
was lOdiDed to allow prticfjofadnalibr-
gery, If the dtfiendam coUd have ihew;^
it} hot not doing ib, pbintiiT obtained a
vefdia :fnJin whencK it|c«flaetofo&o«^»
that piMC of oftu^ lbfi«7li^ W.ik
•nfwer to the adbn } tad isr nqpr owji
pert I am of that ooioion ^ yet ai t!ll»
lame time it is fi> dij&cult to make It
outi (with^ot the evidence of delca[-
daor, whichcannitof ooofCi^be hed,^
that h may be worth theph|iDi||ri.wMc
to nflt the aftiotL T. 4«afvae«
FOR that whereas before and at the time of the tnafrmj f^ itkm fwJKfu r j^r^
bill of exchange hereafter mentioned, and from dience, until, and er on n wdmi
at and after the making of the faid promife and undertaking of the bfllofe»chen|e»
laiddcfendant hereafter next mentioned* tbe (aid plaindtfand the j^T*^ ^ ^«
defendant, and certain other perfona iifing the ftile and firm oftftoe iiS***
&c. were perfont rcliding, trading, and ufing cotnrnerce withip
tht^ kingdom, to wit, at, &c. And whereas the per(ona ufii^
die ftile and firm of» t^c were^ at the relpe^ye dmea hereafter
I S i|r aoentionff^
96f
M "
Movfonent
fc*
ASSUMPSIt GENERAL^On BILLS or EXCItANCaP,
mendonedy partners and Jane dealers together in the way of^beir
trade and cooimerce, as were the faid other perfoos ufing the
name^ ftile and firm of} &c. in the way of their trade and CQmr-
merce, to wit, at, &c. And the faid plaint! fE, defendant, mdfim
did peribna ufingthe fiileand firm of^ ice, and the faid other per-
ions ufing the itilc and firm of, &c. as aforcfaid, being fo re&»
dent, trading) and ufing coounerce as aforefaid ; and the iaid per-
.fons ufing, &c< as well as thole ufing, &c, as aforefaid, being
iiich partners and joint dealers together as aforefaid, the (aid per-*
ibnsfo ufing) &c« as aforefaid, on, &c* at, &c. according to the-
fcuftom of merchants from time immemorial, &c. made their ccs^
,tain bill of exchange xn writing, their (aid (lile of, &c. being
. thereto fubfcribed, to wit, in the hand- writing of one of them^
.and the faid bill bearing date oir, &€. then and there dirci^cd to
^£iid defendant by ihe name of, &c. smi thereby required him dud
, defendant, two months after the date thereof, to pay to the order
.of the (aid perfons ufing the faid (lile and firm of^ &c* fix pouni|a
two (hillings for value received, as adviled by them the (kid per«»
.ions ufihst &c.; which laid bill of exchange the hid defendant
.afterwarcu, and before the payment of the money fpecified, or of
any part thereof,, and al(a before the time appointed for the faid
biU for th^ payment thereof, to wit> on, &c. at, &c. at fight
thereof accepjbed, according to the (aid cu(lom of merchants; and
the (aid perfons. ufing, &c. to whofe order the payment of the (aid
fum of mpney, contained in the faid bill, was to be made^ after*
wards, and before the payment of the faid fum of money contaioeii
in the faid bill, or any pari thereof, and alfo before the time ap-
.pointed by ^e faid bill for tho payment thereof, to wit, on, ice.
at, &c. indorfed the faid billtthcir'afoFe(aidflile,&c. being xheieon
written, to wk, in the hand writing of one of them, and by the
indorfement appointed the contents of the (aid bill to be paid to
iaid plaintifiv and then and there delivered the faid bill fo indorfed
to the (aid plaintiff^ of which (aid indorfement U> nwle on the (aid
bill as aforefaid, he bt\d defendant afterwards, to wit, on, &c« at,
&e. had notice ; by reafon whereof, and of the aforefaid cullom
and the law of merchants, he the (aid defendant became liable to
pay to /aid pJalntifF (aid fam of money in (aid bill fpecified, accord-
ing to tbe tenor and effeA of the faid bill, and of his (aid acceptance
thereof » and of* the faid indorfement fo made thereon as aforefiad;
-atndtfeihg fo liable, he &id defendant, in confideration, &c. un-
dertook, &c. according to the tenor and efFed of his (aid bill and
his. faid acceptance thereof, and .of the (kid indoriement fo made
thereon as aforefaid.
FOR that whereat one W, S. heretofore, to wit, on, &c. at,
&c. according to the cuftom i^f merchants; made and drew his
certain biH of ^exchange in writing, bearing datej &c, aforefaid,
ilpon the faid defendant, by the name of, &c. and thereby re-
quired the (did defendant to pay to one J. C, by die name of, &i.
oc
« * 1
INLAND,. By F^ST INDORSEE- A6i
ar order, two months after the date of the^faid bill, one hundred
pounds for value received, and then and there delivered the faid
%ill to.thc (aid J. C. which faid bill pf exchange he the (aid de-
jfendant afterwards, |o wit^ on, &c« afor^faii),' at, &c. iaccording
to the cuftom of mVrchants in that particulajr, accepted : and the
faid J. C. to whom or to whofe order the payment of the faid fum
of money >n the faid bill mentioned was to be made as aforefald^
afterwards and before the payment'of the faid fum of money in the
laid l>ill fpecified, or any part thereof to wit, on^ &c. at, occ. m-
iifftd the faid bill according to the cufipdi of merchants in that <
particular, and by that indorfemem appointed the faid fum of mo*
ney ia the £Md bill fpecified to be paid to the faid (plaintiff), and
then and there delivered jthe faid bill ^ indorfed to the faid (plain-
.tiff}i of which (aid indorfement fo made on the (aid bill as afore-
laid, he the faid (defendant) afterwards, to wit, on, &c. at, &c.
)kad notice ; by iii|sans whereof, and according to the ufage and
cuftom of merchants, the (aid (defendant). became liable to pay to
the (aid (plaintiff} the (aid fum of mpney in, &c. fpeciHed ac-
cording to the tenor and effed of the iaid-billt and of the afore-
iaid acceptance and indorfement thereof; and being fo liable, &c.
(Promife to pay, according to the tenor, &c. of faid bill, and'of
the aforeiaid acceptance ;ind indorfement thereof.)
GO on as in the la(l declaration, till you have ftated the in- ini^rpi \
AorfiBg ; then fay. Of which faid indorfement fo made bo the faid <^''^w«'-
bill as aforefaid, the faid (defendant} afterwards, to wit, on the
£imeday and year aforefaid, at, .&c. aforefaid, had notice: and
the (aid J. further faith, tha^ the faid bill afterwards, an'd after the
time appointed by the faid bill for payment of the money therein
mentioned, to wit, pn 24th January 1 765, to wit, at, &c. afore-
(aidy was (hewn znAprefsni/d to the faid (defendant), &c. (Vide
Fourth Indorfee t;. Second Indorfer.)
AIIDDLESEX, ^. For that whereas before and at the time Ind$rfiiw.Acttp-
of th^ making of the bill of exchange hereafter mentioned^ and f^^ on »n iniand
fromthence, until, and at, and after the making of the promife ^ £f^*ni***
and undertaking of the faid defendant hereinafter next mentioned, perfoni whoiarQ
the faid. John Alderfon and Thomas Clarke, \and certain .other fartneru
per(bns ufijng the ftile and firm of Taylor X'loyd and Co. and
certain other perfbns ufing the (lile and firm of Nelfon and Han-
dafyd,.were perfons redding, . trading, and ufing commerce within
this kingdom, to wit> at Weflmiafter, in the &id county of Mid*
diefex: And whereas the fold perfons ufing the firm and Aile of
Taylor Lloyd and 'Co, werc^ at the refpeftive times hereafter
mentioned, partners ;ind joini dealers together in the way of their
trade aod commerce, as were the laid other perfons ufing t}ie ftile
andfiiip of Nelfon smd Handafyd, in the way of their trade and
commerce, to wit, at Weftminfter afvrefaid i and the fiiid John
• ' * Alderfon,
m ASSOMP^IT GiKiEAt.~6N hills or
• • • r^
AUeiibn» Thomat Clarke, and the t^d perfem uilng the ftile 2x4
firm of Taylor Uoyd and Ca and the (aid other peHoDS itfiitf
riie ftile and firm ofNellba and Handaijrd, ^i% ^ mkiki^ trao-
kig, and ufin^ commerce as afortfiud ; and the laid pylons ufin«;
ti)e ftile and hrm of Taylor Lloyd and Ca as well as thojfe ufin^
the ftile and firm of Nelfon ana Handafyd, being fuch partners
and joint dealers together as aforefitid ; the faid penons fo \itit\g Ae
ftile and firm of Nelfon and Handafyd, on the ninth day of $ep*
tember in the year of Our Lord 1 780, to wit, at Weftdilnlbcf
aforefaid, according to the cuftom of merchants fi-om t'tttii imm^-
morial ufed and approved of within ihislcin^dom, made their cer-
tain bill of exchange in writing, their faid ftile and firm Of Nelfon
and Handafyd being thereto flibfcribed, to wit, m the hand-writ-
ing of one of them, atid the laid bill bearing dite the day and year
afore&id, dien and thejrt $re£ted to the faid Thomas Clarke, hv
the name of Mr. Thomas Clarke ironmongeryOxford-ftreet, 462,
London, and thereby required him the laid Thomas Clarke, two
months after date, to pay to the order of die laid peribns ufing
the ftile and firm of 1 aylor Llovd and Co. fix poun4s two Shil-
lings, for value received, as adviied bv them the faid perfons utng
the ftyle and firm of Nelfon and Handaryd i which faid btR of ex-
change he the faid Thomas Clarke afterwards, and before the pay-
ment of the money therein fpecified, or of any part thereof, aod
alio before the time appointed by the faid bill for payment thereof,
to wit, on the day and year aforeiaid, at Weftminfler aforefaij,
accepted, according to the (aid cuftom of merchants ; and the£iid
perfons ufing the ftyle and firm of Taylor Lloyd and Co« to
whole order the payment of the money contained in the faid bill
was to be made, gfterward's, and before the payment of the laid
fum of money contained in the faid bill, or (x any partthereofi
and alib before the time appointed by the faid bin for pajmeat
thereof to wit, on the day and year aforefaid, at Weftmi&ft«r
afbrefiud, indoiv^ the fiitd bill, their afoiefaid ftyle and^rmdf
Taylor Lloyd and Co. being thereon written, (to wit, in die
hand-writing of one. of them) and by the (aid indorfementap-
pointed the contents of the faid bill to be p^id td the faM John Al*
deribn, and then and there delivered the (kii bifl fo indoiied to f^
laid John Alderfon; of which faid indorfement fo made on the bill
as aforefaid, the faid Thomas Clarke afterwards, to wi^ on die
day and year iforrfaid, at Weftminfter aforefaid, had nc^Bce : by
reaibti whereof and of the aforefaid cuftom and the law of mer-
chants, he the faid Thomas Clarke became liable to fi/ to tiie
f iid J. Alderfon the faid fum of money in the faid bill ibecffied, aC'
corduig to the tenor and effeA of the faid bill, and of bis Aid ac-
ceptance thereof, and of {he (aid indorfement fo made thereon as
lfore£u'd ; and beiiig fo liable^ he the faid T. Clarke, in codfids
ration, Itc* promifed to pay, &c. according to the tenor *and ef*
feft of the faid bill, and of his acceptance thereof^ and of the. (aid
iodorremefit fo made thereon asaforefaid, (Add a Coiiht ibr mo*
cey bad and received, and common conclufion.)
LONDON,
tJONDOKT, f JMMKknts wm attlohied to anfarerpUati& Dedaration.
1a a plea of trdpafs imi the cbfc, Jkc. and whereupon ^ hid ^'^S^ ^m^
fbidtUfih b)r A. fi. thair monxy^ eoiii|>hin, for that vcbereas ^^^^^^ ^
i*e fitd defefufaMSy 011 ^cdi April 178^, at, &c. accoriiing to ^k.,>^ p-yrHt
^Ae Ijfilge bnd csftom ef merchants, - imdc lireir bill of excluiii{|re) tg a 'fiditioM
the proper hatid^writiiig of each oJF thcro beine thereicoto iitb- r«F«e (i)
Ibfibed, iKaring date the fame day and year aforc^id, and tlieoanri *^^^^^^
Ibefedtfeded w laid biR of exchange totreHlain prr£ins carry ing ihatdcfemUmts
Mi'ttiile«andcomnMrde under the names^ Ayie^ andftrm of MeiTrs. (drawers ) alter
Shaw StevMB and Co. 1>f Ihc naateft ^aid defcrtptroas <oi^ Ac, making the hni
MdihefAy ve^ui>edtke»fBfd Shaw Sobvob and Co. two months ff>*abiei«rafic.
titer daf»9 lb pay to the order of Mr. John Jones five boadred and ^^. ''![^
-tiglltypdlartds tMihis received, and afterwards, to wit, ontheianfie i«,cbMnic, and
-daytusd year^refctd, to wit> at, toe ^aitied the (aid biU of ex^- ne^ociacedic
-ehonge to krt ittkntod (with the name of John Jones, in the ubml
^md^uftomary timnn^ andform of JfRdorung and negociating: bills (,y j, TR.X74.
•f onehange, tb tlie intent and for the purpofe of nuking the laid Tatbck v. H«r.
hHl of exakanee negoebble liiDe other UDs of exchange, accord- "'yj T.R.iSa.
fcljr to the faid u&gie andctiftom of menchants; and the £iid plain- Yl'^'^'^^^'**
•fifs in faa lay, that the faid ^fendants afterward^, to wit> on, amIITt R49ii
Qbc, at, tec. delivered the faid irfU>f excbangei fo indorfed as ^ i.k/jsV
^IbstfMd, to cettain perfans carrying en trade and comnKerce un-
der dia fflMne, ilyte, and firm of Hemry Mather arid Co. to the
<ltiCem Mii for the purpofe of being negociated by the fiud Heniy
Mather and Co. like other bUls aof occhange, according to the
'^tkgt and •ciiftom of merchants \ and the (aid Henry Mather attd
Co* afcerarafds, to wit, on, ftc. at, kc. according to the itid
^Af/s and cuftom of nferchUHls, indoried the faid bill ofexchange«
lllO']M«pcr hand^vritingofone of them lor hunfelf and the ot»er
of diem in their Ud joint and copartnerfliip name, ftyfe^^ and '
^ffln of Henry Mather and Co. being thereunco fubfcribed, and by
tlMC inderfemciit^appointedthecontents of the faid bill of exchange
•to be paid to abbUhid plaintiflFs ^ atid the iaid plaintiffs afterwardi,. '
to wi^ oOf &c. at, MC. according to the bid ufagc and cuftom
'-of^mercbaiia, canfed the Had bSl «f exchange. To indoriL-ci as
albrefaid, to be ibewh and pr^fented to the i'M Shaw Steveas " '•
•'^nnd'Co. for their aoctpttAce thereof; aiKl the liiid Shaw Stevaos
•Msd Cow 'trtire'tbcn and there requefied to accept the £iad bill 4>C '1
fliBCliange, Ibatdie laid Shaw Stevens and Ca did^notihen, oc. . !
at'any other time, accept the f^id biU of eitchange, but then and
'Aiere wholty refijrfed^andinegledled ib to do, Co wit, at,.&c.: and
the fiddplaimiffs aver, that at die time of the malcfng of the fidd JOnramr'^fita
bill of escbange there was not, nor is there any focb perfim as ^^ ^^ '^
Jdbn Jones hi die iaid bill of exobaiige and indorfiemenc rhcreon '^J^r^
> MMtioned^ bat that the £iid name was, and is, meraly f Ahioiis, ^ ^ ^"^
to-mty at, dtcf of all which premtfes the faid defendants after*
Wtrds, to wit| on^ te:. at, dn:* had due notice ^ by reafixi of
«lhich find iihraral premifes^. according to the f«id ufige and cuf-
• tdm^f ftierahantSy they the faid Roger and Booth then and there
' bccaniaMd*^ci» Htbk to pay to the £iid plaintifis the find fim 4)f
,fSi ASSUMPSIT G£Ni;RAL.~Oif BILLS of EXCHAKfGE^
money in the laid bill of exdiange (Hmtiitied ; and being to VlMe^
ftdCdimt ftates &c« (aflunipTerunt' accordingljT) &c.) And whereas altb the UA
h to be a bill defendants afterwards, to wit» on, Stc. at» (ic. according to die
fiStous wrfeii* ^^^ *"^ cuftom of merchants, made and drew their certain other
>r ^^earJ^^wnd ^^^ of exchange, the proper hand-writii^ of each of them bein|^
that piainttft theretmto fublcrtbed, bearing <1ate the (ame day and year laft afore-
'brhigtliifaQion (aid, and then and there direded the faid laft«mentioned bill of
as hc^en (s) exchange to the faid perfons fo as afercfiud carrying on trade and
commerce under the names, ftyle, and firm of &aw Steveiu
M y^^ ^ and Co. by the names and defcription of Shaw Stevens and G>.
aoT**' Cibfoir London^ and thereby required the iaidperfons fo ufing the names,
^1^ ' firm^ and ftyle of Shaw Stevens and Cow two mondis afterdate
to pay to Mr. John Jones, or bearer, five hundred and eigh^
pounds value received : and the (aid plaintifis aver, that they after*
wards, to wit, on, &g* at, &c. became and were, and ftul con*
tinue to be^ the bearers and proprietors of the (aid hft«mentionc«i
bill of exchange ; and that they fo being bearers and proprietors of
the faid laft- mentioned biO of exchange, afterwards, to wit» on, &c«
at, &c. according to the ulage and cuftom of merchants, (hewod
and prefented the faid laft-mentioned bill of exchange to the faid
perfons fo ufing the namec, ftyle, and firm of Shaw Stevens and
Co. for their acceptsmce thereof, and then and there requefted the
faid perfons fo ufing the names, ftyle, and firm of Shaw Steveas
and Co. to accept the faid laft- mentioned bill of exchange, but thqr
did not then, or at any other tim^ accept the (aid iaftt-mentioned
bill of exchange, hut then and there wholly neglefied and refufed
fo to do, to wit, at, &c. s of all >^ich (aid premifes the £iid de-
fendants afterwards, to wit, on, &c. there had notice ^ by reaiboy
&c. defendants became liable, &c. ; and being fo liable, (afTump-
^dOwmtcoBfl- ferunt, &c. accordingly. 3d Count as on acoounon bill,) pajrable
4enttst a no- to John Jones or order« and indorfed by him to Mather and Co.
tf^^ ^'^^ and by them to plaintiffs, againft the drawers for non-acceptance;
Sto^Ftft common Counts, and breach.) Allan Chabab&s.
plaintiff^
Udtrfit asainft MIDDLESEX, to wit. For that whereas, at the feveral
^ixtftwci chilli times hereafter mentioned, the faid plaintiffs and the* faid de^-
*^^2?*"^'b* ^*°^' and one R. B. efquire, were perfons refiding, ti]^ding9 and
pM Jt^^rt^ *^"8 eomn^rce within this kingdom of £ngland,.tQ.wit, at vV«dft-
ottar ^t, bat minfter afeirefaid, in the county aforefaid ; and being fo reiiding,
fefuftdpaymeni trading, and ufing commerce as afore&id, the faid R* B» on^ &c.
whu it breams ^t, &c« made his certain bill of exchange in writing, fubfcribod
^^ * widi bis own proper hand, according to the cuftom of mercbaots
from time immemorial ufed and approved of, bearing date the
-iame day and year aforefaid, and then and there direded the faid
bill to the faid defendant, by the name and defcription of, &C and
by the fatd bill requefted the faid defendant^ fevenjty da}rs after daie^
to pay to his the faid R. B.'s order, three hund|:ed pounds value
received by him the faid R. B. ; which iaid bill afterwards, aad
before the payment of the faid fum of money ipendooed in the laid
bill ofexchangc^. or any part thereof, and alfo before the time 9^
|K)inted by the faid K.'B. for the payment thereof^ to wit, on, 2fic.
INLAND. BT FIRST INDORSEE- %^
it, tie. was (hewn and pnfinted^ according to the ufage and cuf- PnTentcd fer
torn of merchants, to the faid defendant for his acceptance there* gwq*^"^*
pf ; and thereupon the faid defendant, according to the faid ufagc
and cttftom of merchants, upon fieht thereof accepted the faid tui^
U he paid when the /ami became due and payable^ according U tb$
tenor and effeff thereof^ at the boufe of Meffrs. R. C, ^nd Co. ;
and the faid R. B. to whofe order the pafment of the fai.d fum of
money, in the faid bill mentioned, was to be made» afterwards,
and before the payment of the faid fum of money mentioned in
the (aid bill, or any part thereof, and alfo before the time ap«
pointed by the laid bill for the payment thereof, to wit, on, &c.
at, &c. according to the faid u(age and cuftom of merchants, in*
dorfed the (aid bill, his own proper hand being thereunto fub* iixkriemcow '
fcribed, and bv the faid indorfement he the faid R. B. appointed
the iaid fum of money, mentioned in the faid bill, to be paid to
the &id plaintiiFs, and then and there delivered the faid bill, foin-
4orfed as aforefaid, to the faid plaintiffs: ** and the (aid plaintiffs
M aver, that afterwards, and when the faid fum of money, men-
^ tioned in the faid bill, had become 4ue and payable, according
^ to the tenor and effeA thereof, to wit, on, &cc. at, &c. they
^ the faid plaintiffs, according to the ufage and cuftom of
** merchaibts, prefented and (hewed the^iatd bill of exchange
^ at the iaid boufe at which the fame was, according to the
f^ laid acceptance thereof, to be paid, and then and there re-
^ quelled payment thereof, according to the tenor and effeft
V of the laid bill, and of the faid acceptance thereof, and of
^ the faid indorfement fo made thereon as aforeiaid; but the
** faid defendant did not, nor did any other perfon or perfons
** whatfoever, at the faid time when the faid bill was fo Ihewn
^ and prefented for payment as aforefaid, or at any other time
** whatfoever, pay the laid fum of money mentioned in the faid
^ bill, or any part thereof, but payment of the (aid bill of ex«
** change, at the laid time when the lame was fo Ihewn and pre*
^ (ented as aforefaid, was refufed at the faid houfe ;" of all which
.&id premifes the faid defendant afterwards, to wit, on, &c« at,
&c. had notice : by reafon whereof, arid according to the faid
puftom -and by the law of merchants, he the faid defendant be-
pime liable to pay to the (aid plaintiffis the faid fum of money mea-
. tioned in the (aid bill, (a) when be the faid defendant Jhould be
thereto afterwards requeued i and being fo liable, he the faid de-
'foidant, in confide ration thereof, afterwards, to wit, on, &c.
at, &ۥ undertook, &c. to pay them the faid fum of monlby men-
tioned in the faid b^ll, (b) when be the faid defendant Jhould bo'
thereto e^terwardi irequefted. And whereas, &c, &c. (ad Count*
fame 9s the firft, only omitting what is in italic and within in-
verted commas, and inierting what is in the notes. Add the
money Counts, &c« &c.
(«) According to the tenor and efibd of the fild lad-mentioned bOl, and the In-
doffeicnt lb nade tbeiton.
(^) According to the tenoi* and etfea of the (aid Uft* mentioned bifl, and the ii(-
dorfemcrit ft) made thereon as UH-afbriCud, and toA acceptance thereof as laft-albre-
r*
LONDON,
^70 ASSUMPSIT GENERAL —On BBLLS of EXCHANGE,-
Dcchratwn hy LONDON, to wTf; J. E. fate of, &c. coCton manufiAartri
**'^'"tT!fex' ^^ '^^fachcd to anfwtr B: C. C. T. B. R. S. and W. T. ia a
cS?gedia^ m P'^ pftrefpafs on the cstfe> &c. ; and whereupon chc fcid plaiiitifl^
feyouiofa(i)/c. **y.A'. ^« ^*^*^*'' attorney, complain, for that whereas the bid
/ifio. ipcrfin.and plaintifFs aiKi the (aid d^fcnd^nt, and certain pcribiis ufifigthi
indorfcd hy the name, ftylc, and firm of Livefey Hargrave and Co. wcrt pcr«
ftair.ousperfon, f^^^^ refpcftivrfy refiding, trudina;, and ufing commerce within this
and afttrwarc'5 , . , * ^ <^ ^ c° » « ^ j ^l *?- • j r r i» ^
iicgcci ttdimhc "^'ngaom, to v/it, at, &«. la^ gccj and the uid perlons to uCng dw
hands of an in- narr^^, fin7i> anjd ^ylt: of L. II. and Co. were at thofe feveral
recent injorfte, timcs partners 'And joint dealers in their fatd trade ar*d oommercei
fviio brings ihi* under their aforcfaid name, ftyle, and firm ; and the £ud pkunttA
*h*'2«tvT "*^ ^"- ^^ ^*''^ defendant, and the faid pcrfons fo ufing the namC|
ftyle, and firm of L. H. and Co* being fo partners aad joint deani
icrs a? aforefaid^ be the (aid d^iil'ndant on, 8rc« to wit, at| &c in, 5ic*
according to the ufage and cuftoin of merchants from time ioiiiie*
(t) Tatlock V. morjai ufed and approved of^ made his cerratn bill of exchange kl
^ivTis, 3.T.R. writing, with his qwn proper hand- writing thereto fubfenbed^
174. 1S2. bearing date the (anic day and year afore(ai<t, and then and there
delivered the faid hilf of exchange fo fiib(inibed to the faid perfims
iifing the name, (l}'ic, and firm of L. H. and Co. by the name
and dcfcrlptjon of, &cc. ; by which (aid bill of exchange the faid
defendant required the (aid perfoos |b u(inf*the mine, iFy^ and
Arm of L. H. and Co. three month;; afterdate, to pay to Mr. C. 0»
or order one thoufmd five hundred and fifty-one pounds Tsloe
received, as advifjd, an<J then and there delivered the (aid biH
of cx'.hange tp the faid perfons foufmg die name, fty}e, and firm
of L. H. and Co. and authmzed them to iugo(h;U and kfdpii the
fame in the vtwne of C (j. and thereby ta raifi money thereon f^ ttfi
i^e of the faid perfom fo ufmg the name, flyie, and firm c^ L. (f,
Averment thgc and Co. : and the faid plaimifFs aver, that whei> the (I4d Mil of
<he payee was a. exchange was fo made as aforefaid, or at any titncafterwar^ there
jatiitious person, y^^ n9 fuch ^erfm ^ C. G. the fuppofed payee in the iaid bilj
fhl^drtwCvx) ^ exchange, • biit thq fanie was merely /fi/fifliii, to wit, at, &c.;
agent. ^ which |aid l^ill of exchange the faid perfons fo ufing the name|
Ann. 74. ftvl#« and firm of L. H. and Co« afterwards, to wit, on, Jtc at,
Str. icco. ^V. by one (2) A. p. beingaperfin tbereun(a in that reJ^tS lauh
^avcnftock v fully authorized, upon ^htt her e(^aaepfed^^ccor4mg to the u^ige
sittinninMT! ^nd' (^^i^oi^ aforcfaid ; a:id the iak| peiibns fo ufine die oamo^
^avcnftock v fully authorized^ upon ^htt her e^aaepfed^siccoriistg to the u^i^
sittinninMT! ^nd' (^^i^oi^ aforcfaid ; a:id the iak| peiibns fo ufine die oamo^
f 4. G. Hi. ftyle, and firm of L. H. and Co. beine f> atithori^xdas afore(^ud,
Str. s 17. afterwards, a»4 l^foi'e the Da^nient of the laid fum of mone^ thero-
9. Will' 9. in cof^f^if)ed) or any pan tuekof, and before the time thereby aj^
^*T Rc-risc pJntt J tbr fuch payment, to wit, on, &c. at, &c. neeociaied aw ia-?
j'ndorvsnent. dorfed the faid bill in and with the name of the laid C. G« and hf
Averment thai that indorfement^ in the fiameo^ the faid C« Gv, appointed the coiv
i^iainc.ih raifed tents of the faid bin of exchange to bp paid to the faid plaintiffs^
money lor de- ^^,j thereby railed 4hc money tfwrcoa tor the ufe of the £ud pcr-
f^"^;;''^J^ fons fo ufing the namcVftyfe, a-^d firm of L. H. and Cou and.
f.dt:tious in. ^en ami there dsiiv^red thi? iiiid M) of exchange fb i|ul(^ed ta
i^k^r.1. the (aid plaintifTs, who theieupon thetiand there, upon the cra£t
thereof^ <7iitffff rrf to the faid perfons (0 uftn^ the 'name, fWle^ ana
INLAND^ mr FX&ST miX>]lSE«H W
(b||iorL.H.aii4Ca. Umbiiiim^ m^mf in tbe £ud bill of
exchange iDeDtiaae4 ; ^ ^ which m^miCsh ^ the bid defendant
9k^ptmrds^ lowit^oo^&c* at,3cc Wmci^f: and the faid plain- -^ ^^ ^
dfft in bSt fityf that aftocwaid$«and wh«n tbc faid bill of excban^ nmba^
became due and payable, to wit, on^ &c at, &c« they the (aid ^^^^^
plaintiiis (hewed and pre&nted die faid bill of exchange to the faid
pecibfi>4b ti^i^ the name^ ftyle» and finnof X. H. and Co. foe
the payoaent of die fiitd Aun of monay dmetn contained, and thoi
and there required then to pay the iame % but the fiud perfoos
jb tifing the naoiei (tykj and finn of L. H. and Co. did not, nor
would then or at any other time whatfoever^ pay the (aid fum of
money in Ait faid bill of exchange contatoed, or any part therecf,
but then and there wholly refiifa! lb to do; of ai} which premifea
die (aid defendant a^wards, to wit» on» &c* at, &c. had notice ;
|>y reafia whereof, and according to the fiiidtuftom and by the hraf
^*mercfaantSy theiaid deiendant became liaUc to pay tothefaid plain«
iifia-thc iaid fum of money in the (aid bill of exchange contained \
fai being fo liable^ he Ac (aid drfendaat^ in confideration there*
offt afterwardsy to wit, on« &c. at^ &c undertook, &c. the (aid
fum a^encioned in die (aid biQ of exchange, when he (hould be
thereto afterwards requefted. And whereas aUb die (aid pbdndffs, ^ ^l^l
and the (aid defendant^ and die laid pcribns fo dtng, &c. being (b ^^ ^ ^beMl
refiding, &c. commerce as before mendoned i and Ac (aid per-. and nwwii^
Amis fo u(ing, &c. of L. H. and Cow being (b partners and joint that fOamcift
deaiersas atoiiMaid, he the bid defendaoSi on,&e. at, &c. accord* ^L^!^^h^illf
ittg to, &f. made, &c. with his own prqper hand thereto fublcrib- ^idXit^'^^GtiU
ed, bcarinff date the*fiune day and par laft afioreiaid, and then and cUmbeomieJli.
there dirc^ed the faid laft-mentioned bi)I of exdiange to the bic to pa/ H t»
feid peribhs (b ufing the name, ftyle, and firm of L« h! and Co. t^m ** ^«^
}ff die names and defqripdoii of, Sec uA diereby requefted diem, ^t'*^^'^* ^
three months after <bte, pi pay to Mr. C* G. er iear$r^ one ^ ^ y^ ^
ftioiifend five huncbed and fif^-one pottn4s Y^ue repeivrd ; and the uwu, 3. iTlL
^d plaintiffs aver^ that they the iaid pkundfis afoerwarda, to iS*.
wit, oh, &c. at. Sec. became and weie, and ftill continue ^e iiar^ Miectv.CtMDiit
grs ami fr^icteUfrs ol At bid bill oJF "ejxbiuige, in due form of ^ T' ^* ^*
law ; and diaft ther ^ (aid plaindtfs, £> bong isaren andpr^riii
Urs of the iSttd bill, afterwards, atid wheii die £ud bill of exchange
became due and pay^bl^^ to y^ on,&c. aSi|&c. (hewed and prefent* ^x^^i^ntA te
£i the (aid laft-mentioiKK) biir Cd dac ^ p^r(bns (b 1^ thename^ ptamua*
ttfie^ and firm of L. H, ai^l Co. and then and the^e requefted them
to pay them the (aid plaindSs the (aid fum of money contained in
ihc Utd laft-mehtioiM bill, acceding to die tenor and effe«^
ibeseof, litrhich they the bid perfians (b ufing the name^ ftyle, and
firm of* h* iL an^ Co. rcfiifed to do ; whereof die (aid defendant
afterwards, t6 wit» on^ &cJ at, &t. had nodce : by re&fon where**
9f, and aoc^dii^ to thb find Cttftooi, and by die law of merchants,
the fiud defendant becaine liable to pay to the fiud ph^n^fis the
iaid fum of money Ui thefiud bill of exchange contained ; andbe>-
iqg (b Uable,lie the feid defendant, in confi^tondon thereof, after*
.wurdib to wil^ on, Soc. at« ^Ci undercook, &c. to pay them the .
^% ASSUMPSit GENERAL.— On BILtS oif EJ^CHANGE.
laid kft-mentioned fum of mohty, in die (aid laft*mentioned bill
of exchange contained, ^hen he the faid defendant (hould be
thereto afterwards requefted. (Add the monev Counts; account
ftated, &c. &c. Pica, • eenerid iflue^ nofi-anumpfity and ifiue
thereon.) ..-:..
Tite Arm of a Be it remembered, thstlnthe Term of St. Hilary, in thetwen-
im ef exception ty^ninth vwuT of thc reign of our fovereign lord George the Third,
De'darttion ^n nowkingof Great Britain, &g came B.C. C, T.B. R. S. and
cafe it had been W. T. by A. B. thcir attorney, into the court of our fasd lord the
neceffary and kingof the bench at Weftminftei', and impleaded J. £• in a cer-^
advifeableat the tain plca of trefpafs on die cafe, on which the faid B. C^ C. fcc
r^*^* ^^^^^^^^^ declared againft him ; for that whereas the faid B. C. &c. (Copv
fecial wd^a! ^^ ^^ ^^^ ^^ ^'^^ Dedaratioii, except in the ne^uic^uam^ vfhioi
' muft run thus:) But to pay the fame to the faid plaintiffs, or
in any manner to fatisf^ them for the fame, he the faid J. £.
to that time wholly refused, and did then refufe. (Stop here widi*
out laying the oamhum, and.'go on to the plea in thefe words :)
And therefore the faid J« £. by C. D. his a^orney, came and de*
fended the wrong and injury, when, &c. and iaid, that he did not
undertake and promife, in manner and form, as the faid plaintiffs
had above complained againft him ; and of that he put himfelf
upon the country, and the £iid plainci^s did the like. (Stop here
without faying the ufual words of the ilTuc— therefore thc flieriiF is
commanded, ice. — but go on as follows :) And afterwards, at the
ilttings at nifi prius, holden at the Guildhall of the city of Lon-
don, in and for the iaid city, on, ice, in the twenty-ninth year of
the reign of the faid lord the king, before the right honourable
, Lloyd K>rd Kenyon, chief j uftice of our faid lord the king, affigned
,to hold pleas boore the king himfelf, John Way, gent* being af*
fociated to the faid chief juAtce, according to the form of the fta-
tute in diat cafe made and provided, the aforeiaid iiTue between
the laid parties as aforefaid came on to be tried by a jury of the
faid city of London, far that purpofe duly impanelled, that is to
' r ' fay, (here infert the jurors names,) good and lawful men of die
iaid city of London; at which day came, as wel} the faid plain-
tiffs as the faid J. £• by their refpe£Uve attornies ; and the jurors
. . of the jury aibrefaid impanelled to try the faid ifilie, beino^ aifo
called, alfo came, and were dien and there in due matmer chofen
and fworn to try the (ame iflue : and upon the trial of the (aid
iflue, the couniel for the faid pbuntiiFs did then and ther« prove
and give in evidence, thot ( here > infert the. evidence) ; and the
jcouriel for die iaid J. £. on behalf of the-faid J, £. d^d then and
there obje£l to the ^d admiiSon of fuch evidence : and did then
and there infert, beibre the &id chief juftice, that (here iniert the
^exceptions) : but the.iaid chief juftice did then,and there declare
:and deliver bis opinion to tlicjury aforeiaid, that the faid evidefice,
.en tbe:patt of the laid plaintiffs, ought to be sddiifited; and that the
•laid fevcral matters io produced .and pr^rv^ri-^n cbe part of the
•iaid.J« £. were not fi^fficient to bar life Qii plajhtifis of tfaar
L ... afore-
INLAND, BY FIRST INDORSEE. %ji
;ifdre(kid adlion againft him the faid J. £• and with that direflion
left the fanie io the faid jury J and the jury aforefaid did then and
there give their verdift for the faid plaintifFs, and 1. damages ;
whereupon the faid counfel for tKe faid J. E. did then ind there,
on behalf of the faid J. £• except to the aforefaid opinion of the
afore&id chief juftice, and infifted on the faid feveral matters and
proofs as an abfolute bar to the aforefaid aAion : and inafmach as the
laid feveral matters, fo produced and given in evidence on the part df
the faid J. E. by his counfel in the aforefaid a(Sion,objefted aild'in-
fifted on as a bar to the aforefaid a£^ion, do not appear by the record
of the verdict aforefaid, the counfel for the faid J. £. aid then arid
Hnere propofe the aforefaid exception to the opinibn of the faid chief
juftice, and requefted the faid chief juftice to put his feal to this bill
. of exceptions, containing the feveral matters fo produced and given
In evidence on the part of the (aid J. £. as aforefaid, according to
the forni 6f the ftatute in that cafe made and provided ; and there- Weftm. %. 13;
upon the aforefaid chief juftice, at the requeft of the faid counfel ^' *•
jfor the faid J. E. did put his feal to this bill of exceptions, purfd*
ant to the aforeiaid ftatute in that cafe made and provided, on, &c.
in the twenty-ninth year of the reign of our fovereign lord the now
king.
. LONDON, to wit. liF Edward Parry fliall nlake you feciire, ^^^<^^ i5e.
fccthen put,byfuretiesand fafe pledges, John Browning, William '^^^'"^j^'l,"^
Browning, and the reverend Henry Cox Mafon, late of London, fn « hlantl biU
mcrchantsi execiitbrs <Jf the laft will and teftament of JoHn ofwchange,/*.
Walterj late of SodthwsUrk in die county of Siirryj Woolftapler, ^'^^ £*««.
dcceafed, fo that thev be before diir lord the king on ""7 '^jl^^f*'^*
wherefoever, &<i. to fllew, for thit whiereas hferetofore, in the life- ^,c wn b^m.
time of the faid John Waiter, to wit, on the eighth day of Augdft due. BiU a«*
A. D. 1791, at Bralighingi to wit, at L. aidrefaid; in the parifli c?ptcd atapar*
of St Mary le Bow, m the ward of Cheap, one Samuel Welfli w*^*^^''/'^<^'«
hiade and drew his certain bill of exchange in writing, accordirio-
to the cuftom of merchants from time immemorial ufed arid ap-
proved of, bearing date the day and year aforefaid, u^on the faid
John W. by the name and defcriptlon of Mr. John Walter,
woolftapler. Borough, London ; and by the faid bill requefted th«
faid John W. two months after date, to pay io his the faid SamUei ^
JVelJh^s order eighty-nine pounds eight fliillingS, value received
of him the faid S. W. ; which faid bill afterwards, and before the
payment of the faid fum of money therein mentioned, or any part
thereof, to wit, on the day and year aforefaid, at L. aforefaid, in
the parifti and ward aforefaid, the faid J. W. according to the faid
uiagc and cuftom of merchants, upon fight thereof accepted, to
pay the fame at Sir James Sander/on and Gompanfs \ and the faid
Samuel W. to whofe order the payment of the faid fum of mortey
in the faid bill was to lie made as aforeiaid, afterwards, and before
the payment of the faid bill, or any part thereof, to wit, on the ^^
Vol- L T lame
*«H ASSUMtPsiT General.— On bills or exchange
fame day and year aforeiaid, at L. aforefaid, in the parilh and
- 4m^ ^^^^^ aforefaid, according to the ufage and cuftom of merchantS|
jHrftindorft. indorfed the faid bill, and by the faid indorfement appointed tbc
faid lum of money mentioned in the (aid bill to be paid to the (aid
£. P. and then and there deU'Oend the (aid bill, fo indorfed, to the
faid E. P< \ of which faid indorfement fo made on the (aid bill, he
the faid J. W. afterwards, in his lifetime, to wity on the day and
vear aforefaid, at L. aforefaid, in the parifh and ward aforefaid,
nad notici ; by reafon whereof, and according to the faid cuftom,
and by the law of merchants, he the (aid J. W. in his lifetime be-
came liable to pay to the (aid £. P. the (kid fum of money men-
tioned in the faid b'dl, according to the tenor and tStSt of the {aid
bill, and of the (aid indorfement fo made thereon as aforefaid \ and
beinc; fo liable, he the faid J. W, in confideration thereof, after-
wards, to wit, on the (ame day and year aforefaid, at L. afore(aid,
jn the pari(h and ward aforeuid, undertook, and then and there
faithfully promifed the faid £• P. to pay him the faid fum of money
mentioned in the faid bill, according to the tenor and efFeft of the
faid bill, and his faid acceptance thereof, and the faid indorfement
fo made thereon as aforefaid. (id Count, for money had and re-
tondnflon a- ceived^ 3d, Account ft ated. ) Yet the (aid (defendants), not re«
gain/l executors girding the faid feveral promifes and undertakings fo made as
b^r<S>xchange. aforefaid, but contriving and fraudulently intending craftily and
fubtilly to deceive and defraud the faid (phintifF) m this behalf,
have not, nor hath any or either of them as yet paid the faid
feveral fums of money m thofe promifes and undertakings men-
tioned, or any or either of them, or any part thereof, to the (aid
(plaintiff), (although the faid John Walter, the acceptor, after
the making and accepting of the (aid bill, and before the (ame be-
came due and payable, according to the tenor and efFe£t thereof,
departed this life without paying the fame^ and although to pay
the (ame, and the faid feveral turns of money in the (aid feveral
other promifes and undertakings mentioned, the (aid defendants
were requeued by the faid plaintiff, after the time appointed by
the faid bill for payment of the money therein contained, and after
the making of the faid feveral other promifes and undertakings, to
Vitj otl the day and year lad aforefaid, and often afterwards (a),
as well at the faid fir James Sanderfon's, (or where tlie (aid bUl
was fo accepted to be paid as aforefaid,) to wit, at L# aforefaid, in
the parifh and ward aforefaid, but they the (aid defendants fo to
do have refpeftively hitherto wholly refufed, and ftill do refufe. to
the damage of the faid plaintiff of one hundred pounds, as it is faid.
T. Bakrov«
(m) An acceptance to pay at hh B. R. T."i5Gca J. Bifcop^. Chittjr
banker's, does not bind the holder to Stf. 1)95*
frijtwt tliere. Smith «*. Pc la Fonumc,
SECOND
INLAND, ar SECOND INDORSEE. iJS
SECOND INDORSEE.
00 on as in the former precedents. And the (aid R. M. to ^^^''■^'^^
whom or to v/hofe order the payment of the faid fum of money in ^' " '
the laid bill fpecified was by virtue of the faid indorfement thereof
to be made, afterwards and before the payment of tne faid fum of
money in the faid bill fpecified, or of any part thereof, to wit, on,
&c. at, &c. aforefaid, indorfed the faid bill according to the cuf-
tom of merchants in that particular, and by that indorfement ap- ^^^ Indorie*
pointal the (aid fum of money in the faid bill fpecified to be paid "*"*"
to A. M. and then and there delivered the faid bill fo indorfed td
the faid A. M. and the faid A. M. to whom or to whofe order the
payment of the faid fum of money in the faid bill fpecified was by
virtue of the faid laft-mentioned indorfement to be made, after- Second indoift*
wards and before the payment of the faid laft-mentioned fum of ^^^^*
taonej in the (aid bill fpecified, or of any part thereo'^, to wit, 6n,
&c at, &c. aforefaid, indorfed the faid bill according to the cuf*
torn of merchants in that particular, and by that indorfement ap«-
pointed the faid fum of money in the faid bill fpecified to be paid
to the faid plaintiiF, and then and there delivered the faid bill fo in-
dorfed to the faid plaintiff; of which faid feveral indorfements fo
made on the faid bill as aforefaid) he the (aid defendant after-
wards, to wit, on, &c« at,&c. had notice: by means whereof, and
iuxording to the ufage and cuftom of merchants, he the faid de-*
fendant became liable to pay to th^ faid plaintiff the faid fum of
inoney in the (aid bill fpecified, according to the tenor and effedl of
tte (aid bill, and of the aforefaid acceptance, and of the fercra) in-
dorfements thereof; and being fo liable, &c. &c.
MIDDLESEX, / Ridiard Edwards complains of John ^^^^ ,^
Hale, bdng in the cuftody of the marflial of the Marflialfea of ^jjang^^^^^l^
Our lord the now king before the king himfelf, on a plea of tref- Morfee againd
pafs on the cafe, &c. for that whereas one Thomas Cotton here- ^^«i "fter ac-
tofore, to wit, on the twenty-fecond day of November in the year «fp"nce, p»y-
of Our Lord 1785, at Yarmouth, to wit, at Weftminfter in the *^}^*' *J^'^*;
iaid county of Middlefex, according to the ^uftom of merchants, in ddkuU ai
made and drew his certain bill of exchange in writingi^ bearing payee, by the
date the day and year aforefaid, upon certain pcrfons ufing the itCMpcor.
ftyle or firm of Henry Hughes and Co. by the names, ftyle,
firm, and defcription of Meffrs. Henry Hughes and Co, No. 52,
Linie-ftreet, London, and by the faid bill then and there required
the faid perfons fo ufing the (lyle or firm of Henry Hughes and
Co. two months after the date of the faid bill, to pay to the faid
John, by the name of Mr. John Hale, or order, one hundred and
thirty»eight pounds four (hillings and nine pence value in ac-
count, as per advice, and then and there delivered the faid bill to
the faid John ; which faid bill the faid perfons lo ufing the f«;d
T a ftylc
'^^6
ASSUMPSIT GENERAL.~On BILf^S or EXCHAl^Gfi-
ftyle or firm of Henry Hughes and Co. afterwards, and before the
payment of the faid fum of money therein mentioned^ or of any
part thereof, to wit, on the day and year i^forefaid, at Weft-
Acceptor ac- mtnfter aforefaid, in the county aforcfaid) accepted, accord-
aTtV Btfik'* * ^^S ^^ ^^^ aforefaid cuftom, by and in the name of Henry HugWts^
payable (t) at the Bank (that is to (ay^ the bank of England) ; and
the faid John, to whom, or to wbofe order, the payment of the faid
fum of money m the faid bill mentioned was to be made,afterwardS)
and before the payment of the (aid fum of money in the faid bill fpe«
cifiedt or of any part thereof, to wit, on the day and year aforefaid,
l»ay«j indotCed at Wcftminfter aforefaid, in the county afore (aid, /W^r/tY/the&idbillY
'^ according to the aforefaid cuftom, and by that indorfement ap«
pointed tbe faid fum of money in the faid bill mentioned to be
paid to certain other perfons ufmg the (lyle or firm of John Mof*
man and Co. and then and there delivered the faid bill, fo indorf-
cd, to the faid perfons fo ufmg the faid ftyle or firm of John Mof-
mnn and Co. ; and the faid perfons fo ufmg the faid name, ftyle,
or firm of John Mofman and Co, to whom, or to whofe order, the
payment of the faid fum of money in the faiJ bill^entioned, was
by virtue of the faid lad mentioned indorfemeat to be made, af*
terwards, and before the payment of the iaid fum of money in the
faid bill mentioned, or of ai>y part thereof, to wit, on the fame
<lay and year aforefaid, at VVeftminfter aforefaid, in the county
Flrft indorfccs aforefaid, indorjld the faid bill according to the aforefaid cuftom,
indorfed it to and by that indk)rfement appointed the faid fum of money in the
plaintiffs. faid bill mentioned to be paid to the faid Richard, and then and
there delivered the faid bill, fo indorfed, to the faid Richard : and
^tfn/'foT^pay--^^^ ^^^ Richard further fays, that at the end and expiration of the
xncnt to the ac- time appointed for the payment of the money in the faid bill men-
ceptorattheend tioned, to wit, on the twenty-fifth day of January, in the year of
•f two months, Qur Lord 1786, the faid bill was in due manner (hewn and (2)
i^rWiY ^the prefentidto the faid perfons fo ufing the ftyle or firm of Henry
^^ ' Hughes and Co. at the Bank, where the fatne was fo acceptec^to
he paid as aforefaid, for payment of the money therein mentioned ;
and the faid perfons fo ufing the faid ftyle or firm of Henry
Hughes and Co. were then and th<re required to pay unto hioa
the faid Rifchard the faid fum of money in the faid bill fpecified,
according to the tenor and effect of the (aid bill^ and the afore-
Avennent that faid acceptance and indorfement thereof ; but the faid Richard
acceptor rcfufcd gyers, that the faid perfons fo ufing the laid ftyle or firm of Henry
(x) I, T.R. 409. Str* 1 79 5. Smith
It, Dc laFoiuaine, B. K. T. 25 Geo III.
I. T. R. 405. 2. T. R. 713.
(a) 1. Shower, 155 Str. 508. Str.
^29. 117^. BI. I. a Wilf. 3 §3. A^i.
plcton 1/. Sweetapplei B. R. M. 23. Geo.
HI. 1. Show. 3 1 S, 319. Skinn. 410.
Sjilk. 127. 13*. Lord Raym. 444. 12.
Mod. 244. Burr 674. Drjg. 654.
i. T. R. 169. Lord Raym 743. Sir.
108/. Miir»itf, 3d £d 33. Molloy,
b. 3. c. xo. f. 34. Dou;. 497. I. T. R.
408. Marius, 2d Ed 16. Malynes, b. a.
c. 5. f I. Lcrd Raym. 281 Str. 550.
416. 9T0. Bi I. See J*Anibnv. Ifecy-
mas, B. R. T. 24. Gea III. Appiccan
V. Sweetapple> B. R. M. 23. Geo 1I1«
fitr. 416. 1248. Lord Raym. 92S. Str.
4x5,416. 9x0. Salk. 132. Str. 508;.
X175. Salk. 132. Scr. X175. AMUm
Cafes on Prefentmentj poft.
Hughes
INLAND, BY SECOND INDORSEE. Jt?;
Hughes and Co. did not, when the faid tiill w^s fo (hewn and pre-
fented for payment as aforefaid, or at any other time whatfoever,
pay the money therein mentioned, or any part thereof, to him the
laid Richard, but on the contrary then and there, to wit, at Weft-
minfter aforefaid, in the county aforefaid, wholly refufed fo to do,
and therein wholly failed and made default ; wheretfthc faid John Notice to payee,
Hale afiewards, to wit, on the day and year laft aforefaid, at <l<'fendant j
Weftminftcr aforefaid, in the county ^forefaid, (3) had notice : by which he be-
^nd thereby^ and by reafon thereof, and of the feveral other pre- "^*^ . f .'^
Allies aforefaid, and by force of the cu.tom and law of merchants, f^^ promifcd.
he the faid John HaU became liable to pay to the faid Richard the ^^) j, ytux. 45*
faid fum of money in the faid bill mentioned, when he ihould be Com. 57.
thereto afterwards requefted ; and being fo liable, he the faid John ^^^^ '*7.
Hale in .con{id;;ration thereof, afterwards, to wit, on the day and ^* 7"7-
year laft aforefaid, at Weftminfter aforefaid, in the county afore- bJil^nI Prl
faid, yQdei3;ook, and faithfully promifed the faid Richard, to pay 271.
bim the faid fum of money in the faid bill mentioned, when he theBl. 747.
faid John Hale (hould be thereto afterwards requefted. (2d Count, «• "r* ^' *^7»
fame as the firft, leaving out the intermediate indorfcment. 3d, j^J!^ ^^
Money h;idandr€<;,eivie4. 4th, Account ftajted, &c to, &c.) Comh/384.
Lord Ray iTi,99|*
3. Saik, 69.
FOR th^t wbereaf 5:9rtain peffor^s ufing the name, ftyle, and Declaration on
firm of Bre(ier and Co, by their partnerOjip n^m« of Brefter and an inland bill of
Company, heretofore, to wit, on the twenty-third day of Oclo- V^^^^'^p^"^
her, in the year of Our I^rd 1788, at I^ondon, in the parifh ^ iadj^/lndorjh-'i
St. Mary le Bow, in the ward of Cheap, according to the cuftom after prcfent.
of merchants, made and drew their certain bill of exchange in ment for accept*
writing, bearing date the day and year aforefaid, upon certain »"<* ^^ «"cfufaJ
perfons ufing the name, ftyle, arid firm and dcfcription of ^*^^"- imt^dia^"^^^
B. and H. Ely Place, London, and thereby rpqueftcd the faid ^\^ifflg,i^
perfons ufing the name, ftyle, and firm of B. and H. to pay to tim, afpomtedj«r
one Jofeph brefter, in the faid bill named by the n^mc of Joleph/tf>'«t«/.
Brefter, or order, thr^c months after the date thereof, three hun-
dred and ninety pounds fourteen Ibillings value received, and then(t) vide MR.
and there delivered the faid bill to the faid Jofeph Brefter : and fcrd v. Mayor,
the faid defendant, to whom, or to whofe order, the faid fum of ^"K- 53- and
money in the faid bill fpecified was to be paid as aforefaid, after- 5* ^"' '^'
wards, and before the payment of the faid fum of money in the
(aid bill fpecified, or of any part thereof, to wit, on the day an4
year aforefaid, at London aforefaid, in the parifli and ward afore-
&2d, indarfid the faid bill, according to the faid cuftom ; anc} by
that indoriement appomted the contents of the faid bill to be paid iftlndqrfemcni^
to one James Morton, and then and there delivered the faid bi]]^
fo indorfed, to the faid James Morton \ and the faid J, M. to
whom, or to whofe order, the faid fum of money in the faid bill
mentioned was by the faid indorfement to be paid as aforefaid, af-»
(erwards, and before the payment of the faid fum of money in
(he faid bill mentioned, or of any part thereof, to wit, on, &c«
year aforefaid, at, jScf . aforefaid, ind9rfed the (aid bill, according
f9 the laid cuftom \ and by that indorfcment appointed the con-
T 3 tents
a?* ASSUMPSIT GENERAL.— Ow BILLS or EXCHANGE^
tents of the faid bill to be paid to the faid plaintiff, and then JUid •
there delivered the faid bill, fo indorfed, to the faid plaintiff's : and
b'U ^^^ ^^^^ plaintiffs aver, (hat afterwards, to wit, on, &c. at, icc^
prcfemed ' for aforefaid, the faid bill was in due manner, and according to the faid
•^cep^ccy ai>d cuftom, ihewnand prefented to the faid perfons fo ufing the name.
ftyle, and firm of Bolt and Heggin, for acceptance thereof, and
they were then and there reqaefted to accept the fame, but that
the faid perfons fo ufing the name, ftyle, and firm of. He. did not,
nor did either of them, when the faid hill was lliewn and pre-
fented to them a$ aforefaid, accept the f^id bill, but on the con-
of rrfufaltoac- trary thereof, then and there wholly refufedh to do, and therein
S^P^ wholly failed and made default^ wherefore the faid plaintiff caufed
the faid bill to be protefted for non-acceptance thereof, ccording
to the cuftom of mercha^^s in that particular, to wit, at. Sec. \
Whereof, and of which faid feveraj prcmifes, the faid defendant
afterwards, to wit, on, &c. at, &c. had notice \ by means
>vhereof, and of thp faid feveral premifcs, and by force of the
cuflom and the law of merchants, he the faid defendant became
iabl^' to pay to the faid plaintiffs the faid fum of money in the (aid
mII fpecified, when he the. faid defendant (ho^ld be thereto after-
wards reguefted ^ and beipg fo Ijatjle* ^c« T. Barko^«
Pr^rf^forDt. MIDDLESEX, to wi». If Robert Albion Cox and Wil-
iwioB.^R*by ''^"^ ^^^^'^ ^*" ^^^^ y^" fepgrc,&c. then put, by furetics am}
^K%eond hd»jce f^f« plcdgcs, Kichard Piper latp of Swanfea in the county of Gla-
againft Drawer^ morgan, gentleman, fo that he be before our lord the king on the
(who U alfo morrow of All Souls, wherefoever, &c. to (hew, for that wherein
payee «dindor-5j5^ 2^ jj,g feycral times hereafter mentioned, the faid R, A. Cox
cxchMig* drawn ^pd William Merle, and the faid Richard Piper, aiid one Robert
in Wales upon Morris, and alfo one Samuel Lcir Phillips, were perfons refiding,
l«ondon,and ac. trading, i^nd ufing coqimerce within this kingdom of England, to'
cepted, but not wit, at Weftm jnft^r in the county of Middlefcx aforefaid i and
paid when due. jj^jpg f^ refiding, trading, and ufing commerce as aforefaid, he
the bid Richard J^iper heretofore, to wit, on the nineteenth daj
of April in the year of QurLord 1789, to wit, at Weftminfter
aforefaid, in the faid county of Middlefex, according to the uiage
and cuftomi of mercb^its» made his certain bill of exchange in
writing, with his own proper hand being thereunto fubfcribed|
faring date the fame day and year aforefaid, and then and there di-
rected the (aid bill of exchs^ige to the faid Robert Morris, by the
natne and defcription of Robert Morris efquire. No. 2^) Lincoln's
Inn, London, and thereby required the (aid Robert Morris, twq
months after date, to pay to his the faid Richard Piper's awn cnUr^
forty-nine pounds nineteen (hillings and fixpence for value received^
as advifed by the faid Richard Piper; which faid bill the faid Robert
Morris'afterwards, to wit, on the fame day and year aforefaid, to
wit, at \Y<^ftniinfter aforiefaid, in the faid county of Middlefex,
upon Hght thereof, accepted, according to the (aid cu(tom : and
the (aid Richard Piper, to whofip order the payment of the (aid
INLAND, BY SE^COND INDORSEE. ^79
fum of money mentioned in the faid bill was to be made as aforefaid,
after wards, and before the payment of the faid fum of money meq*
tioned in the laid bill, or any part thereof, to wit, on the fame day
and year aforefaid, at Weftminfter aforefaid, in the faid county of
Middlefex, /W<7r/ir^ the faid bill, his own proper hand being there- Firft Indorfo*
unto fubfcribed $ and by that indorfement th« faid Richard Piper »"*■«•
S pointed the contents of the faid bill to be paid to the faid S. L.
lilips, or order, and then and there delivered the faid bill, (b inr
dorfed, to the faid S L. Philips ; and the faid S. L. Philips, to '
whom or td whofe ord^r the payment of the faid fum of money
mentioned in the faid bill was to be made as laft aforefaid, afterwards^
and before the payment of the faid fum of money mentioned in the
faid bill, or any part thereof, to wit, on the fame day and yekr afore-
(aid, at Weftminfter aforefaid, in the county of Middlefex, indorfed Second Indorfjp*
the faid bill, his own proper hand being thereto fubfcribed ; and ™*'*^
by that indorfement the faid S. L. Philips appointed the contents of
tne faid bill to be paid to the faid R. A* Cox and W. Merle, and
then and there delivered the faid bill, fo indorfed, to the faid plain-
tiffs ; of which faid feveral indorfements fo made on the faid bill
the (aid R. M. afterwards, to wit, on, &c. at, &c. in, &c. had
notice : and the faid plaintiiFs aver, that afterwards, and at the end
and expiration of the time appointed by the faid bill for the pay-
ment of the money therein contained, to wit, on, &c. at, &c. in,
&c. the faid bill was dulv fhewn 2Xii preJenUd to the faid R* M. for PrefcAtmnit A#
payment thereof, and he the faid R. M* was then and there re- ptyment.
quefted to pay the fame, according to the tenor and efted of the
faid bill, and his faid acceptance thereof, and the faid feveral
indorfements fo m^de thereon as aforefaid \ but that he the faid
R. M. did not, nor would then and there pay, nor hath he as yet
paid, the faid Gim of money mentioned in the iaid bill, or any part
thereof, to the faid plaintiff's, or either of them, but die payment
thereof to them, or either of them, hath wholly neglected and re«
fufed ; neither hath the faid S. L. P. paid the fame, or any port
thereof, to the faid plaintiffs, or either of them ; of all which pre*
mifes the faid R, P. afterwards, and after the end of the faid time
limited by the (aid bill for the payment thereof, to wit, on, &c. at,
&c. had due notice ; and by reafonof the premifes, and according to
the faid cuftom, and by the law of merchants, he the faid R. P,
became liable to pay to the faid plaintiffs the f«iid fum of money in
the faid bill of exchange mentioned ; and being fo liable, he the faid
K. P. in confideration thereof, afterwards, to wit, on, &c. at, &c«
in, &c. undertook, &c. A,i\A whereas, at the feveral times hereafter Seconal Cotmt
in this Count mentioned, the faid plaintiffs, as fuch copartners, and as partnfri*
under the iiyle ^nd firm aforefaid, ^nd the faid R* M. and ajfo the
faidS. L.P. being fo refpe£lively refiding, trading, and ufingpom-
inerce as aforefaid, he the faid S. L. P. heretofore, to wit, on, &ۥ
according to, &c. made, &c. &c. (Add the common Counts^
and commoii cohcfufion.}. X* Ba&jiow^
T 4 ^ichadom
a8o ASSUMPSIT GENERAL.~On BILLS of EXCHANGE,
Michaelmas Term, aQtb Geo. III.
Dedtfation on FQR that whereas certain perfons ufmg the name, ftylc, aiwl
an inland bill of fi^in ^f Q j^^j Q^ i,y their partner&ip name of B. and Co.
]*^T^^^^ to wit, on the twenty-third day of Oaober, in the
dnwij by part- year of Our Lord 1788, at London, in the p;|ri{h of St. Mary-le-
ncrs,' payable to ^ow, in the ward of Cheap, according to the cuftom of niercbant%
one of the part- made and drew their certain bill of exchange in writing, bearing
wIk ^^ ^^* ^^^^ ^^^ ^y *"^ y^^^ aforclaid, upon certain perfons ufing the name,
ref^ to ^- ^y'^» ^^^ ^^^* ^^ ^* ^^^ ^» ^y ^^'^ name, ftyle, firm, and
cept ^ defer iption of Meflrs. B. and C Ely Place, London, and thereby
requefted the (aid perfons ufmg the name,ilyle, and firm of B. an4
C. to pay to one A. B. in the (aid bill named by the
name of A. B. or order, three months after the date there-*
of, three hundred and ninety pounds fourteen (hillings value
received, and then and there delivered the faid bill to the faid
'A* B. ; and the (aid 4efendint, to \yhom or to whofe order the faid
fum of money in the faid bit} fpecified was to be paid as aforefaid,
afterwards, %nd before the ps^yment ofthe faid fum of money in the
laid bill fpeciiicd, or of any part thereof, to wit, on the 4ay and year
aforefaid, at London aforefaid, in (he pari(b and ward aforefaid, in*
dor fed the faid bill according to the (aid cuftom, ^nd by that in-
idorfcment appointed the contents of the f<&id bill to be paid to one
C. D. and then and thexe delivered the faid bill fo indorfed
to the faid C. D. ; and the (kid C- D. to whom or to whofe
order the faij fum of money in the faid bill mentioned was, by the
faid indorfement, to be paid as aforefaid, afterwards, and before the
payment of the funi of money in the faid b|ll mentioned, or of any
|>art thereof, to wit, on the day and year aforefaid, at, &q. afprefuid,
indorfed the faid bill according to the faid cuHom, i^nd by that in*
dorfement appointed the contents of the faid bill to be p^id to th^
(aid plaintifts, and then and there delivered the faid bill fo indorfed
to the faid plaintiff's. And the faid plaintiffs aver, that afterwards,
to wit, on, &c. at, &c. aforefaid, the faid b.ll was in due manner^
^nd according to the faid cuflom, (hewn and prefented to the faid
perfons fu uiing the name, ftyle, and firm of B. and C. for
acceptance thereof, and they were then and there requefted to
accept the fame ; but that the faid perfons fo ufmg the name, ftyle,
and firrh of, ^c. did not, nor did either of them, when the faid bill
\vas fo (hewn* and prefented to them as aforefaid, accept the (aid
Hill, but on the contrary thereof then and there wholly refiifed fci
to do, and therein wholly failed and made de&ult ; wherefore the
faid plaintiffs caufed the faid bill to be protefted for non-accept-»
iince thereof, according to' the cuftom of merchants in that parti«
cular, to wit, at, &c. ; ' whereof, and of which faid feveral premifes^
the faid defendant afterwards, to wit, on, 2(C. at, &c. had notice :
by reafon whereof, ?ind of the faid feveral other premifes, and bj
force of the cuftom and the Ihw of merchants, he the (aid defendant
Became liable to pay to the faid plaintiffs* the faid fum of money in
the (aid bill fpecified, when he the faid defendant (hould be thereto
^ter wards requefted ; and being fo liable, &c. Thos. Barrow,
THIRD
INLAND, BY THIRD INDORSEE. |fr
THIRD INDORSEE.
«« TTORKSHIRE^ f. If Edward Codd mah you fec^re, fcf r. Dcckmloo \^
** then put ^ i^c. George Mafterman^ late of ^ Werner chanty ri^fi/ original in B k»
•* be before our lord the kingy on the morrow of All Soulsy wherefo^ <» * ^^ of «t*^
«• every l^c. to fbew^ for that whereas heretofore^ to wity on the 2^?^ ^^
" eighteenth day of February ^ in the year of Our Lord 1781, that isetptJ^ bat n
** /«/or, at Torky in the county of Yorky one J. £•'* according to the biO w» «c.
thecuftom of merchants in chat rcfpeA ufed and approved of, made ^vall/ indoiM
and drew bis certain (1) bill of exchange in writing, bearing date ''■j?*[l *^^^*^
the iame day and year aforefaid, upon the faid defendant, by the Mymentby aT
xiameand defcription of, &c. and by the (aid (2) bill then and there p^yce, there ita
required him the faid defendant, iix months after date, to pay to Tecond Count «•
die order of (3) .**onc*'G. B. (4) ^^ in the (aid bill mentioned,'* '"'^^ ofth»
by the name of Mr. G. B. one hundred and (eventy pounds value ^** ^^^^^
received, as advifed, and then and there delivered the faid f 5) bill \^ ^^
to the faid G* B. which faid (6) bill of exchange the faid defendant ijoo^f "***
afterwards, to wit,.on the, &c. aforefaid, at, &c. aforefaid, accepted, (3) the faid
according to the (aid cuftom, ^^ to pay the fame at certain perfins (4) berein.be^
« ujing thefiyle or firm of Parker and Co. by theftyle and defer ip- forementiontd
*^ tion of Meffrf. Parker and Co. No. 91, fFatling Streety Lon^ ^H^""^
•* don ;'* and the faid G. B. to whofe order the payment of the n^\ \^^
fmid fum of money, in the faid (7} bill fpeciiied, was to be made, tiooed
afterwards, and before the payment of the faid fum of money in the (7) M-
(aid (8) " W// mentioned^** or of any part thereof, to wit, on the ^'^'^
frid, &c, aforeikid, at, &c. aforefaid, indorfed the faid (9) bill tfjjj^"
according to the aforefaid cuftom, and by that indorfcment appointed fled
the faid fum of money, in the laid (10) ^^ bill mentionedy* to be (9) laft-i
paid to ** the order of one J. A^ and then and there deliver edthef aid ^^^^
^ bill/o indorfed to the faid J. A. ; and the faid J, A. to whofe [j'^^^mT^
** oriUr the payment of the faid fum of moneys in the faid bill /»-'«- clficd ^*
f • tionedy was by that indorfement appointed to be madcy after the
** making of the Jaid indorftment^ and before the payment of the faid
•* fum of money in the faid bill mentioned y or of any part thereof^ to
•• wity on^ btc, aty faff, aforefaid, indorfed the faid bill according to
•* the faid eujiomy and by that indorfcment appointed the contents
** thereof to be paid to the order of one G . K. and then and there
** delivered the faid billfo indorfed to the faid G. K, ; and thrfaid
** G. K, to whofe order the payment of the faid fum of money ^ in the
^* faid bill mentionedy was by virtue of the faid lajl -mentioned in-*
** dorfement to be made^ after the making of the faid laji -mentioned
*' indorfementy and before the payment of the /aid fum of money in the
♦* faid bill menfionedy or of any part thereof y to wit^ ony Ufc. aty ^c.
f* aforefaidy indorfed the faid bill according to the faid cufiomy and
<* by that indorfemeni appointed the contents thereof to be paid to**
the faid plaintiff, and then and there delivered the faid ( c i ) bill fo
indorfed to the faid plaintiff; of which faid *«/fi;^r^/'' indorfe- |iJ^ '^"
mentx fo made on the faid (12) bill as aforefaid, the faid defendant (n) iail-meo-
afterwards, to wit^ Ou the faid> &c, aforediid, at, &c. aforefaid^ tloned
had
f8»4
ASSUMPSIT GENERAL.— Off BILLS of EXCHA-NGE*
had notice ; and thereby, and by rcafon of the feverarother pre-
mifes aforefaid, and by force of the cuftom and by the law of
merchants, he the faid defcndarft became liable to pay to the (kid
Os)Uft-iiien. pij^ij^jjjf ^^^ faidfum of money in- the faid (13) bill fpecified,ac-
(}4) Utt mcii- <^o^i"g to the tenor and e(Fc£^, of the faid ( 14] bill, and his aforefaid
tioned acceptance thereof, and the faid ^*' Jevemt* indorfcmcntj fo made
llidor(«ment thereon as aforefaid j and being fo liable, &c. (Second County
*^^ That whereas afterwards, to wit, on, &c, at, &c. aforefaid, the
faid J. E. fame as firft, infcrting what is in the margin, and omit-
ting what is within inverted commas (a) and italic.)
N. B. The aoceptanee was in rhefe
words : << Accepted, payable at Me^K.
<< Parker and Go. 91, Watlin$- Itreet,
«* London.'*
N. B. The acQf ptorrcfufed to pay on
account of larger demands ar alnft payee
and drawer ; therefore the bill was re*
tQnied by cfa« feyeral iodoriees to p^yeei
who again Uidorfed it to plsMatiir after t(
became due.
(a) If the (ludent finds any difficulty
on account of abridging the precedents,
I advife him in all cafes to tranlbribe the
Declaration and Plea, ftc, and io coiapkt9
^Counts,
CoMil 6n an tH»
land bfit of ex
change t T^rth
Jnthrfft V.
Fcurtb Jndtrfwf
wherfrone*ofthe
indorfcmcnts is
Itared to be hy
H. Bi Rep.
C. B. Ml net and
Fetkor «. Gib-
fon and John-
rirft Inderfe.
fnent in juU,
Second Indcrfc-
meni » kUnk,
By fourth indorsee,
ANP whereas the faid James Hull heretofore^ to wit, on th«
fecond day of April A. D. 1791, to wit, at Liverpool aforefaid^
lii the county aforefaid, according to the cuftom of nierchants in
that particular, made and drew his certain bill of exchange iq
writing, at Birminebam, bearing date the day and year laft 2forc«
faid, upon Meffrs. Mafterman, Peters, Walker, and Mildred, ban-
kers, London, and by the faid bill then a^nd there reouired them tho
faiJ Meffrs. Maftcrman, Peters, Walker, and Mildred, fixty-five
days after the date thereof, to pay to the order of one S. L. by the
name and addition of Mr. Sand LufF, in the faid bill nqentioncd,
eleven pounds eleven {hillings valu^ received, and then and ther«
delivered the faid bill to the laid S. L. ; and the £aiid S. L* to whom
or to wbofe ord^r the paymerit of the faid fum of money in the&id
bill fpecified was to be made, afterwards, and before the payment
of the faid fum of money in the faid bill mentioned, or of any part
thereof, to wit, on the day and year aforefaid, at Liverpool afore-
faid, in the county aforefaid, indorfed the faid bill, according to the
aforefaid cuftom, and bv that indorfement appointed tjie laid fun»
of money, in the faid bill mentioned, to be paid to one John Har«
greaves or order, and then and there delivered the faidbili fo in-
dorfed to the faid John H* \ and the faid J. H. to whoqi or to whole
order the payment of the faid fum of money, in the (aid bill fpeci-
fied, v(^as to t>e made, afterwards, and before the payinenc of the
faid fum of money in the faid bill mentioned, or any part thereof
tp wit, on the day and year laft aforefaid, at Liverpool aforefaid,
in the coumj afprefaid, hdbrfed the faid bill, according to th^
aforefaid cuitom, and by that indorfement appointed the faid fum
of money, in the faid bill mentioned, to be paid to one George
Dukbar : and the laid G. D. to whom or to whofe order the /ai<i
fum ot moneyji in the ia\J bill mentioned, yi^s^ by the (aid lai^
meQtioj;^>:3t
INLAND, BY FOURTH INDORSEE^ 2^
ynenttoned indorfement, appointed to be paid as aforefaid, afeer«
wards, and before the payment of the fald fum of money in the faid '
bill mentioned, or any part thereof, to wit, on the day and year
lad aforefaid, at L. aforeiaid« in the county afbrefaid, by one T. S.
by procuration from the faid G. D. and as his agent in that behalf,
indorfed the faid bill, according to the faid cuftom, and by that in- '^^'"' indorl^
(dorfement appointed the contents of the faid bill to be paid to the J!^^ ^ ^'**^
faid William Corf (fl ) or order, and then and there delivered the laid
bill fo indorfed to the feid William Corf; and the faid W. C. to
whom or to whofe order the faid fum of money, in the faid bill
fpeciiied, was, by the laft-mentioned indorfement, appointed to be
paid as aforefaid, afterwards, and before the payment of the faid
fum of money, in the faid bill contained, or of any part thereof, to ^
wit, on the day and year lad aforefaid, at L. aforefaid, in the
county aforefaid, indorfed the faid bill, and by that indorfement F^Mirth indorT^^,
appoirjted the contents of the laid bill to be paid to the faid(i) Ber* "^^< « hbnk,'
pard, and then and there delivered the faid bill fo indorfed to the
faid B. ; and the faid B. avers, that afterwards, at the expiration of
the faid time in the faid bill mentioned, and thereby appointed for
payment thereof, to wit, on the ninth day of June in the year
aforefaid, at L. aforefaid, in the county aforefaid, the faid bill, with
the &id feveral indorfements fo made thereon as aforefaid, was duly
ihewn zxAprefintii at the (aid Meffrs. M. p, W. and yi. bankers Prcfentment far
jn London, for acceptance and payment thereof, and due payment "^'"P""^* M
was then and there requefted to be made of the faid bill, according J^**^™*"^
to the tenor and efFeA of the faid bill, and of the faid feveral in-
dorfements fo made thereon as aforefaid : but the faid A< fi, ayers. Averment thai
that when the faid bill was fo fhewn and prefenred at the faid <*'*^«* refiife<^
MefTrs. M. &c. as aforefaid, for acceptance and payment of the^*'***'**'^^^*
ikme, the farpe was not either accepted or paid, but acpeptunce or
payment thereof was then and there wholly refufed, to wit, at L.
aforefaid, in the county aforefaid ; of all which premifes the faid
W. C. afterwarfls, to wit, on tl^e fame day and year aforefaid laft
aforefaid, there had due n^ice : by reafon of which faid premifes,
and according to the cuflpm,and by the law of merchants, the faid
W. C. then and there became liable to pay to the faid B. the faid
fum of money contained in the faid bill, when he the faid W, C.
ihouidbe thejreto afterwards requefted | and being fo liable, he the
^id W. C« in confideration thereof, afterwards, to wit, on the fame
day and year lafl aforefaid, at L. aforefaid, in the county aforefaid,
undertook, and then and there faithfully promifed the faid B. to
pay him the (aid lafl-mentioned fum of itior^ey in the faid bill con*
tained, when be the faid W, C, (hou]d be thereto afterwards re<» ^
guefted,
(a) Plaintiff, (h) Defendant,
LONDON, f. Fpr that whereas at the f^id feveral times xv^arttion
hereafter meritioned, the faid R. and J. R, and alfo J. F. J. S.' an inland sm^
J. S. J. W. j. L. and D. L. were perfons refiding, trading, and Fourth hukrjec v.
^Second Jadtrjer^
where third Indorfccs are partners, and one of tbe^ Indexed the bill ftjr bimiMf and' the other.
8«*
Acceptor.
jl^ptancc.
TiHI Tndoriec,
Second IndorfcTy
nod Defendint.
Seoocd IndorfC'
kncnt.
ASSUMPSIT GENERAL.— On BIILS of EXCHANGE.
uiiog commerce within this kingdom, that is to fay, at London
aforefaid, to wit, &c. ; and whereas alfo the faid J. L. and D* L,
were at thofe feveral times partner^ and joint dealers together ia
their trade and commerce, to wit, at, &c. ; and the faid R. J. R«
J. F. J. S. J. S. J. W. J, hj, and D. L, being fo rcfident and
trading, and the faid J. and D. being partners and joint dealers to-
gether as aforefaid, the (aid J. F. on the fifteenth day of September
A. D. 1763, to wit, at, &c. according to the cuftpm of merchants
from time immemorial there ufed and approved of within this
kingdom, made his certain bill of exchange in writing, fubfcribcd
with the hand-writing and name of the faid J. F, and bearing date
the fame day and year aforeikicl, and then and there direSed the (aid
bill to the faid J* S, by the name of, &c. and by the faid bill required
the faid J. S. two months after the date thereof, to pay to the faid
'T. S. by the name of Mr. T. S. or order, forty-five pounds value
received, without being further advifed by the (aid J. F* and then
and there delivered the faid bill to the faid T. S. ; which faid hiU of
exchange he the faid J. S. afte^wa^'ds, and before the payment of
the faid fum of money contained in the (aid bill, and before the time
appointed by the faid bill for paymciit thereof, to wit^ on, &c.
aforefaid, upon fight thereof accepted, according to the (aid cu(^
tom i and the faid T* S, to whom or to whofe order the payment
of the faid fum of money mentioned in the faid bi)l was to be made
as aforefaid*, afterwards, and before the payment of" the faid fum dl
money contained in the faid bill, or of any part thereof, and al(b
{a) before the time appointed by the faid hill for payment thereof^
to wit, on the fame day an<) year aforefaid, at, &c. afore(aid, in-
dorfed the faid bill, his own proper hand being thereto fubfcribed,
^nd by that indorfement appointed the contents of the faid bill to
be paid to the faid (7. R.) or order, and then and there delivered
tlie faid bill fo indor/ed to the faid J. Ji. ; and the (aid J. R. to
whom or to vkhofe order the payment cf the (aid fum of money, in
the (aid bill mentioned, was by the faid indorfement appointed to
be made as aforefaid, after the making of the faid indorsement, and
before the payment of the faid fum of money pontajne^ in the faid
bill, or of any part thereof, and alfo before the faid time appointed by
the faid bill for payment thereof^ to wit, on the fame day and ytar
aforefaid, at, &c. afore(aid, indorfed the faid bill, his owp proper
hand being thereto fubfcribed, and, by the faid lalt- mentioned in-
dorfement, appointed the contents of the (aid bill to be paid to the
faid 7. W. and then and there delivered the faid bill fo indorfed to
the (aid J. W. ; and the faid J, W. to whom or to whofe order
the payment of the faid fum of inoney contained in the (aid bill
was by the faid laft- mentioned indorfenient to b^ made as aforefaid,
after the making of the faid laft-mentioned indorfement, and before
the payment of the faid fum of money contained in the faid bill,
or any part thereof, and alfo before the time appointed by the faid hill
(«) A bill maybe ntjociatcd tf/>er the da/ of payramt, Lord Ray. 575. j cherrfioce
this had bcaer be om.tuci»
... • \f
INLAND, »T FOURTH INDORSEE.
$^t
.for paynunt of the TMney tbirtin nuntiomd^ to wit, on the fiune dajr
and year afbrefaid, at, &c, aforefaid, indorfed the faid bill, his own
proper hand being thereto fubicribed, and, by the faid laft-^men-
tioned indorfement, appointed the contents of the (aid bill to be
paid to the faid J. L. and D. L. fo being partners and joinc dealers
together as aforefaid, aod then and there delivered the faid bill fo
indorfed to the (aid J. L. and D. L. ; and the faid J. L. and D. L.
to being partners and joint dealers together in trade as aforefaid,
and the payment of the faid fum of money mentioned in the faid bill
being by the (aid 1 aft-mentioned indorfement to be made to them
as arore(aid, and the faid J. L. for himfelf and the faid D. L. his
iaid partner, after the faid indorfement fo made to them the faid
J. L. and D. L. as laft aforefaid, and before the payment of the ThfrdlndorTrt^s
laid fum of money contained in the faid bill, or of any part thereof, pannaru
^ndalft before the time appointed by the faid bill for payment of the
faid fum of money therein mentioned^ to wit, on, &c. at, &c. afore-
faid, indorfed the^aid bill, his own proper hand being thereto fub-
Icribed, according to the cuftom of merchants from time immemo-
rial there ufed and approved of; and by the faid iaft^mentioned in-
dorfement, the faid J. L. for himfelf and the faid D. L. his partner,
appointed the contents of the faid bill to be paid to the faid
{plaintiff) ; of which faid fevtral indorfements fo made on the Notfce of in.
faid bill as aforefaid, the faid J- S. afterwards, to wit, on, &c. at, dorfcmenu %m
&c. had notice: and the faid plaintiff avers^ that the faid bill **^^P"*^*
afterwards* and at the end and expiration of the time appointed by P«f">t"««« ^
the faid bill for payment thereof, to wit, on the eighteenth day Qf •*^^*P*"'*
November, in the year aforefaid, at, &c. aforefaid, was (hewn and
(i) prefented to the faid J. S. for payment of the money therein
mentioned, and that the (aid J. S. was then and there requefted by
the faid (plaintiiF) to pay to him the faid fum of money contained
in the faid bill, according to the tenor and e(Fe£l of the faid biU,
and of his (aid acceptance, and of the faid feveral indorfements fo
made thereon as aforefaid ; but that the faid J. S. did not, when
tiie £iid bill was fo (hewn and prefented to him, or at any other
time wbatfoever, pay the money therein mentioned, or any part
thereof, to him the (aid (plaintiff), but the payment thereof hath
hitherto wholly refufed and neglcded ; ^x?// which faid premifes
the faid defendant afterwards, and at the end and expiration of the
&id two months next after the date of the faid bill, and thereby
appointed for the payment thereof, to wit, on the faid eighteenth Kotice to a^-
day of November, in the year aforefaid, at, &c. aforefaid, had fendant.
{%) notice ; and by reafon of the premifes, and according to the
(i) Bl. t. Bull. Ki. Pri. 174. £d. 1790.
Dou|^. 62. Fort 376. Lord Raym. 743.
ft. Bl. Com. 469C Mar. 2. Ed. 25.
Beawes, f. 260. i. £d. p. 449. and
i, 252. I. Bd. 447. Marias, 2. £d.
p. 19. l«rd Raym. X076. Mar. a. £d.
p. 25. Bcawcs, r. 251. I. Ed. 447.
Mar. 2. Ed. 19.22. 24. BcBiwet, f. 253.
I.Ed. p. 447. Latw. 15191. Lord Raym.
2S1. X. Barnard. E,R« 303. to. 8a9«
(2) Burr. 267. z. T. R. 7x2. 182.
169, 170. Lord Raym. 993. 6. Mod.
80. Salk. 131. 3.Salk. 69. Salomons
V. Staveleyv B. R. M. 24. C. 3. Doug.
659. 2. T. R. 717. 3. & 4. Add*
c. 9. f. 4. and f. 6. 9. & zo. Win. 3.
c. Z7. f. z. Ann. 77, 78. Scr. 9x0.
t. T.R. Z69. 168. Malynes, b. 3 c. 6.
f. z. z. Ed p« 265. Mar. 2. Ed. jp.
14. DougL 4^7. Scr. 217;
£u4
%tA ASSUMPSIT GENERAL.— Ok BILLS of EXCHANGE*
laid cuftom, and by tbe law of merchants, he die faid (defendant)
became liable to pay to the (aid (plaintifF) faid fum of money con*
tained in the faid bill, when he the faid (defendant) (hould be
thereto afterwards requefted ; and being fo liable, &c. the laid
(defendant), in confideration, 8cc, undertook^ &c. to pay, &c«
When he (hould be thereto requefted. (Money had and receired;
damages forty-five pounds ) and common conclufion.)
By fifth INpORSEE-^sTATiKo Indorsement Bt
Fourth lNi>ORS££ as befors.
By sixth indorsee.
Deckuvtioo im YORKSHIRE, to wit. John Morton compiaifjs of Thomai
A bill of ex- Dickinfon^ &cc. for that whereas^ before and at tbe feveral and
•'""^ *^^^ reTpedive times hereinafter mentioned, the (aid John Morton and
^rfw'rot'to be Thomas Dickinfon, one Jofeph Graham, and one James Grten^
found. and one Thomas Hinchliffe, and one Charles France, and one
Sixth Morfte V. John Cartwright, and one Richard Earnihaw, and certain perfon^
Tkird IrJorfir. commonly called and known by the names, and ufing the ftylc and
firm of Earnfliaw and Royfton, were perfons refiding, trading,
and ufmg commerce within this kingdom) to wit, at, &c. } and
being fo refident, trading, and ufing commerce as aforef^d, the
faid James Graham heretofore, to wit, on, &c. at, &c. accord-
ing to the ufage and cuftom of merchants from time immemortal
ufed and approved of in this kingdom, made his certain bill of ex-
change, his own proper band^writing being thereto fubfcribed^
bearing date the (ame day and year aforefaid, and then and there
direfted the (aid bill of exchange to one John Purviacor, by tbe
name and addition of Mr. J* P. No. j, Aldgate, London; bj
whidh faid bill of exchange he the faid J. G. then and there re-
^quired the faid J. P. to pay, two months after the date thereof,-
xo the order of the faid James Green, bpr the name and addition
of Mr. James Green« fix pounds, value m account, as advifcd bj
Tlir feveral in. him the iaid Jofeph Graham ; and tbe faid Jofeph Graham then
Affcmrnu fct j^,j ^^^^ delivered the faid bill of exchange to the faid James
^^^ Green; and the faid James Green, to whole order the faid fum of
money, in the iaid bill of exchange fpecified, was, by the faid bill
of exchange, to be paid, after the making of the faid bill of ex*
change, and before the payment of the faid fum of money in the
faidbill of exchange fpecified, or of any part thereof, to wit^ on,
&c» at, &c« indorfed tbe (aid bill of exchange, according to tbe
faid ulage and cuftom of merchants, and thereby then and there
ordered and appointed the faid fum of mone^, in the iaid bill of
exchange fpeciHed, to be paid to the faid Thomas HinchlifFe or
his order, and then and there delivered the (aid bill of exchange^
•foindorfed as aforefaid, to the faid T. H. ; and the (aid T. H. to
.U'iiom or to whofe order, &c. &c. (T. H. indorfed it over to
.Charles France, C. F. then indorfed it over to T. D. the de*
•fendaift; T. D. indorfcs it over to John Cartwright, and he in*
dorfcs it to Richard EamAiaW) and heindprfes it over Co Earn*
-fliaw and Royfton, who indorfe it over to J. M. tbe plainiifF:
thcfl
INLAND, BY SIXTH INfiOIlSEE. ' 1»>
Aen go on ^ follows;) And the faid J. M. in faft faith, that Avermtm chit
afterwards, to wit, on, &c. and on divers other days and times ^7^^ ^^ ^
between that day and the fcventh day of OSober tnen next fol- ^ ^^ '
lowing;, he the faid J. M. did make diligent fearch and inquiry
after me faid John.Purviator, at No. i, Aldgate, London, being
ihe^ place to which the faid bill of exchange was fo directed as
aforefaid, and at divers (4) other places^ in order to Jhew andpre-^ f^> i^^ Raynw
fent the faid bill of exchange to him the faid J. P. for his accep- 743. Str. 1087*
tance and payment thereof, according to the {aid ufage and cuftom
of merchants ; but that, notwithflanding fuch fearch and inquiry,
fce the faid J. M. ('5) could not at any^ or either ofthefe times or (s) Str. 1087.
places^ find the faid J. P, nor hath he the faid J. P. at any time
fince the making of the faid bill of exchange, hitherto accepted the
lame, or paid the money therein fpecified, or any part thereof, tx>
the faid J. M. but wholly neglefted fo to do ; of all which faid
feveral premifes the faid T. D. afterwards, to wit, on the day and
year laft aforefaid, at Halifax aforefaid, in the county aforefaid,
nad notice: by means whereof, and according to the faid ufage
and cuftom of merchants, he the faid T. D. then and there be-
came liable to pay to the faid J. M. the faid fum of money in the
(aid bill of exchange fpecified, when he the faid T. D. fhould be
thereto afterwards requefted; and being fo liable, he the faid
T. D. in confideration thereof, afterwards, to wit, on the day and
year laft aforefaid, at Halifax aforefaid, in the county aforefaid,
undertook and faithfully promifed the faid J. M, to pay him the
faid fum of money in the faid bill of exchange fpecified, when he
the faid T. D. fhould be thereto afterwards requefted. (2d Count
' like the firft, for another bill fur fix pounds eight ihillings of a
different date.)
ACCEPTORS AGAINST DRAWER.
THE method of declaring on a bill drawn by partners is thus— Declaration *-
After ftating the parties to be traders, &c. and the partnerfhip, P^^ Drawew,
you fay : And the faid, &c. being fo refidenr, and the faid A. and f^'"'^*'
D. being partners as aforefaid, the faid A. for himfelf, and the
faid B. his faid partner, on, &c. to wit, at, &c. made a certain
bill of exchange in writing, fubfcribed with his own proper hand,
&c. according, &c. &c.
MIDDLESEX f If George E. (hall give yow fecurity to ikd«itiMi,
profecute his fuit, then put, by fureties and fafe pledges, Robert K. B. in {futdd
D. late of VVcftminfter in the county of Middlefex, haberda&cr, a*™ffi'> ky
Achilles S. late of the fame place, habcrdafher, and John P. late ^^^^,^2E1„
of the iame place, haberdalher, to (hew, that whereas heretofore, 'biUci«x«baogc"
to wit, on the firft of November A. D. 1787, at Weftminfter ky Arc^w» a-'
aforefaid, in confideration that the faid George, at the fjpecial in* %^n{ijdifDraw^
ftance and requeft of the faid Robert, Achilles, and John, and "■*» ^"^""^'>
for their accommodation, had then and there accepted a certain ^j^p""***"^*
bill of exchange, bearing date the day and year a'"orc&id, drawn vide acce*j:tor"**
* with money, when the bill became due. Two Counts j one oioney laid oat and expended ; and
•ccovM ftacod.
by
a4« ASsflMPSlf QEl^ERAt.-^* BILLS dp EXCHANGE.
0
by the &id Robert, Achilles, and John, in their partnerfliip ftyle
ind firm of D. S. and Co. upon the faid George, for the fum or
ninety-three pounds of lawful money o( Great Dritain, payable to
certam other, perfons then aind there alfo carrying on trade in part-
nerfliip, undfer the ftyle and firm of Meflrs. F. W. and Co. or to
their order, at eight months after t^ date of the faid bilf, they the
(aid Robert, Achilles, and John undertoolc, and then and there
faithfully promifed the faid George, that they the faid Rob ert»
Achilles, and John would furnifla mone^ to him the faid Geprge
for the payment of fuch bill, before or at the time when the fame
ihouid become payable : Yet the iaid Robert, Achilles, and jfohiiy
not regarding the faid promifes and undertakings, but contriving
and fraudulently intending craftilv and fubtilly to decefve and de-
fraud the faid George in this tefpeu^, did not^ nor wouTd before^
nor at the time wheh the ^d bill of exchange becanae payable, or
at any time fince, fumiih money to the faid George, but thereitf
wholly have failed and made default; by reafon whereof the i^id
George was afterwards, and when the faid bill became payable,
to wit, on the fourth of July A. D. 1788, at Wcftminfter afore-
said, forced and obliged to pay, and did actually pay, the faid fum
of money in the faid bill fpectfied, to the holders of the faid bill. And
whereas alio the iaid Robert^ Acbil4es, and John afterwards, to
wit, on the twenty-fifth of April A. D. 1^89, at, &c. aforefaid^
were inclebted to the faid George in the further fum of, &c. (-for
money paid, laid out, and expended, and afTumpfit thereon^)
And whereas alfo, &c. (indebitatus aflumpfit on account dated.)
^ Yet the faid Robert, Achilles, and John, not regarding their faid
two laft mentioned promifes and undertakings, but contriving^
&c. &c. ice.
By acceptor against DRAWER.
jfatftvr Agiuiift MIDDLESEX. Solomon Schomberg, late of, &c, was at»
Drawer kAx bill fached to ^ixivftv Andrew Lacon and Edward Carter in a plea of
€f exchange, for ^efp^f^ ^^ the cafe i and thereupon the faid plaintiffs by J. £. their
wbeo duc,**tc^ attornev, complain, that whereas he the faid defendant, on the
ccrding to hk ninth Gay of November A. D. 1 756, at Weftminfter in the countjr
promife, and M-; of Middiefex, made a certain bill of exchange Jn writing> fubfcrib*
^amf^g^laaa^ ^j ^\^ j^j^ q^^j^ propey hand, according 10 the cuftom of mer-
ws ^^ hereby c'^'^^^ ^^^"^ ^^^^ immemorial ufed and approved of; and the laid
plaiDtii!^ were bill, bearing date the faid day and year aforefaid, then and there di«
forced topay it» reded to the faid plaintiffs, by the name of^ &c. and thereby re*
together with quired the did plaintiffs, at two months date, to pay to James
coflf^onajudg- j^^^jg qj order the fum of fifty pounds as for value of him the faid
ncnt •beamed • 'j^j-. i--^.*. ^ ..r^i.r*jjrj^
mtjAsOt them James received, and to place it to acf-^ynt fff »"p faig <^^fpr>Hflfjy j
and the faid Edward Oarter atterwards, to wit, on the faid day
and year aforefaid, at Weftminiler aforefaid, in the county afore*
iaidy for himfelf and the faid Andrew, at the fpecial inftaiKe and
lequeft of the faid defendant, accepted the faid bill ; and in con*
fideration of the (aid premifes, he the faid defendant undertook^
and then and there faithfully promifed the faid plaintiSs, that t^e
£ud
iNLANl>, BV ACeEPTOfc agaxrst PAYEE*
289
laid defendant would pay the faid bill when it became due and
payable, and to keJd ibem the faid plainttffs indimnified therefrom :
ind the (aid plaihtifis in faft ^y^that the laid billion the twelfth day
<>f November, in the year afore&id, at Weftminfter aforefaid, be*
^aiiie due and payable ; whereof the faid defendant then and there
had notice: Vet the faid defendant, not regarding, &c. but con- Bieach, dido*!
triving, &c. did not, when the laid bill fo became due and pay- wdmmfj.
able as aforeiaid, or at any other time whatfoever, pay the fame,
br the faid fum of money therein mentioned, or any part thereof^
or in any manner whatfoever indimnify^ or keep, or hold indemni-
fiidy the faid plaindiFs of^ from^ or againft the faid bill, according
to the faid promife and undertaking of the (aid defendant, but
therein wholly failed and made dcrault ; and thereupon the faid
plaintiffs, fbr their difcharge of and from the faid bill, and from
a judgment at law thereupon recovered afi;ainft them by the faid
James Rous, aftetwards^ to wit, on the eignth day of April iJSJt
at Weftminfter aforefaid, were forced and compelled to pay and
iatisfy, and did then and there pay and fatisfy the laid fum of fifty
pounds to the faid James Rous, and a large mm of money, to wit,
the fum of fifteen pounds, for coils of fuit, to wit, at Weftminfter
afortfiud. (Money Counts;) I)rawn by Mr. Warrbn,
t AWCASHIRE, Jf\ For that whdreas, before the making of
the promife and undertaking hereafter next mentioned, to wit, on
the twentieth day of September A. t)« ij8o, at L. in the county of
Lancafter, one Samuel Heewood, bemg; a mariner in and on
board a certain ihip or vefiel of the faid plaintiff, according to the
ii&ge and cuflom of merchants, made his certain bill of exchange
in writing, his own hand bein^ thereunto fubfcribed, bearing date
the fame day and year aforeiaid, and then and there directed the
faid bill of exchange to the (aid plaintiffs, and thereby requcfted
the iaid plaintiSis, as foon as he the faid Samuel hadfo much due t§
hifity either by his wages or prize moneyy to pay to the faid de-
fendant, by the name and defcription of, &c. or order, the fum of
eight pounds four ihillings and fixpence, and place the fame to
his account ; and then and there delivered the faid bill of exchange
to the faid defendant ; which faid bill of exchange afterwards, to
wit, on the fame day and year aforefaid, at, &c. aforefaid, was
ihewn and prefented to the iaid plaintiffs forpayment thereof; and
thereupon srfterwards, to wit, on the fame day, &c. aforefaid, at,
&c aforeiaid, in coniideration that the faid plaintiffs, at the fpeciai
inflance and requeil of the faid defendant, would then and there
pay the faid fum of ihoney in the faid bill contained to the faid de-
ii;Ddant, he the faid defendant undertook, and to the faid plaintiffs
dien and there faithfully promifed, to refund the faid fum of money
to the iaid plaintiffs, in cafe any other bills prior to that bill fhould
m)ear againft the faid Samuel : and the iaid plaintiffs in f^£t fay^
mt the;^ the faid plaintiffs did then and there pay the faid fum of
money, in the iaid bill cf exchange contained^ to the faid defenduiC
Vou L U accordingjiys
of a bUI of cx«
change, who ha4
accepted 9»d
paid it> on a
^tciai pronnifc
to refund if any
prior bill ap-
peared^ which
fohappeaed.
t90 • ASSUMPSIT GENERAL.— On BILLS of ttCUANGt.
accordingly: and the faid plalntifFs further fay, that afterwaids, to
wit, on the f-me diiy and year aforefaid, at, &c* aforefaid, a cer-
tain other hill of exchange againft the faid Samuel, bearing date
the twenty-fourth of Aiiguft A. D. 1780, and drawn by the ikid
Samuel upon the faid plaintiffs, for payment of ten pounds three
fliillings and fourpence, by him to one George Wright, being a
prior bill of exchange to the faid bill of exchange of the faid Samuel
above mentioned to have been paid by the faid plaintiiFs to the iaid
defendant, was prefentcd to the faid plaintiffs for acceptance and
payment thereof; of which faid premifes the faid defendant after-
wards, to wit, on the faid twentieth of September A. I>«
aforefaid, at, &c« aforelaid, had notice, and was then and there re-
quefted by the (aid plaintiffs, to repay and to refund to the £ud
plaintiffs the faid fam of money in the faid firfl mentioned bill of
exchange contained, according to the form and efFefl of his fiud
prcmife and undertaking fo made in that behalf as aforefaid t
Vet the faid defendant, not regarding, &c« but contriving, &c.
hath not, although often afterwards requefted, repaid oi rinded
the faid fum of money in the faid firil mentioned bill of exchange
contained, or any part thereof, to tlie faid plaintiffs ; but to repoj
or refund the fame, or anv part thereof hath hitherto always re-
See Special Af- fuf^d, and flill doth refufe. (2d, Money had and received, and
fampfit, fpecUi conclufion to that Count.) . V. Gibbs.
^ repay money.
jf II. 4/, 3^. London, %\fi Q^ober, 1786.
Gentlemen,
Three toieis after date pajt to my order, eleven poundi JaUt
Jhilling% and threepence, value on account with.
To Mejfrs^ CreJJwell and j GMtlenun^
Lyons, Jttornies at Law, ( 3^r ma/l obedient fervant^
Ho. 24, HiUard*s Courts ] jf-fJ Jamei Garduer.
OldG ravel' lane, flapping, > * ' *
for Thomas Crejwell andfi^
Charles Lyons*
f)«fcUfation on LONDONJ ^ James Gardner complains of Thomas Cre&
the above, an ^^j ^^^ (jharles Lyons, attorniesof the court of our lord the nov
ch«rt *"^^- ^'^^> ^""^"^^^ ^^^ ^^"8 ^^^^^U prefent here in court in their own
#rag-in<t-Afr^- proper perfons, in a plea of trefpafs on the cafe, &c. for thai^
Mff, Uiii payable whereas the faid James Gardner heretofore, to wit, on the thirty-
to his order only, jgyft ^y gf (J^tober in the year of Our Lord 1786, at London
^at i.twJ^n' aforefaid, in the parifh of St. Mary le Bow, in the ward of Cheap,
dJIfcd^Tt^^^and according to the cuftom of merchants, made and drew a certaia
where one w- bill of exchange in writing, bearing date the day and year afore-
>(/f#<^ partner ac- f^^d. Upon the faid Thomas ajid Charles, by the name and dc-
<cpttd for hint- fcriptiort of Meflrs. Crefwell and Lyons, attornies at law. No. 24,
frjf^and the Hoard's court. Old Gravel-lane, Wappine, and thereby requir-
^ ^* ' od the (aid 1 homas and Charles, three weeks after the date there*
9f, to pay tf> the Qrder of him the faid James eleven poimds four
(hillings
Inland, ^y drawer against acceptor* 291
4 fliillihgs and threepence, value on account with liim the laid John ;
^ which iaid bill of exchange he the (aid Charles, for himfelf and
the (aid Thomas in that behalf, afterwards, and before the time
appointed for the payment of the money therein mentioned, to
wit, on the day aAd year aforefaid, at London aforeiaid, in the
parifh and ward aforefaid, duly accipud, according to the cuftom ^^ accepted
of merchants, for payment of the money therein mentioned, ac- *'y*>«*® ^"w-boih.
cording to the tenor and efFe£l of the faid bill ; whereby, and by
means of which faid feveral premifes, and according to the faid
cuftom and the law of merchants, they the faid Thomas and Charles
became liable to pay the faid fum of money in the faid bill of ex-
change mentioned, according to the tenor and effedl of the faid
bill t and the faid James avers that he the (aid James did not, at Never Indorfed^
any time before, nor at or after the time appointed by the faid bill
for payrhent of the money therein mentioned, indoife the (ame^
or order the contents thereof to be paid to any perfon or perfons
whatfoever, to wit, at London afore(aid, in the parifh and ward
. ^^ aforefiiid ; whereof thev the faid Thomas and Charles afterwards^
^^ and whil(l the faid bill was unindorfed, to wit, on the twenty-
-.third dav of November in the faid year 1786, there had notice:
'■in con(ideration of which faid feveral premifes they the faid
Thomas and Charlc:s afterwards, to wit, on the day and year laft
afbre&id, at London afore&id, in the pariQi and ward aforefaid,
undertook, and then and there faithfully promi(ed the faid James,
to pay him the (aid fum of money in the faid bill mentioned, when
they the faid Thomas and Charles (hould be thereunto after-
wards requefted. And whereas the faid James heretofore, to 2d Count, ftaf-
wit, on the faid thirty-firft day of October in the faid year 1786, ing the bill to
at London aforefaid, in the pari(h and ward aforefaid, according ***^* ****'* <*"*y
to the cuftom of merchants, made and drew his certain other bill t^*^**^ ^'^'
of exchange in writing, bearing date the day and year laft aforefaid, ^
upon the (aid Thomas and Charles, by the nanie and defcription
of Me(rrs. Crefwell and Lyons, attornies at law. No. 24, Hil-
lard's court. Old Gravel lane, Wapping, and thereby required
the (aid Thomas and Charles, three weeks after date, to pay to
the order of him the faid James eleven pounds four (hillings and
threepence, value on account with him the faid James ; which
faid laft mentioned bill of exchange, afterwards, and before the
time thereby appointed for the payment of. the money therein
mentioned, to wit, on the day and year laft aforefaid, at London
afore(aid, in the parifli and ward aforefaid, was duly accepted hy
and on behalf of the faid Thomas and Charles, according to the
faid cuftom ; whereby, and by reafon of which faid feveral premi*
fes, and according to the cuftom and by the law of merchants^
tiiey the faid Thomas and Charles, became liable to pay the (aid
fum of money in ihe faid laft mentioned bill fpecified, according
ro the tenor and effect of the faid bill : and the faid James avers
that he the faid James did not at any time before, or at or after
the time appointed by the faid bill for the payment of the monej
tb^^cein fpecified, iadorfc the faid bill, or order the money there-
Ua in
29a ASSUMPSIT GENERAL.— On 6lLtS of EiCrHA1^6E:-r
in mentioned to be paid to any perfon or perfons whatfoever, t^
wit, at London afurefaid, in the parifh and ward afore &id ; whereof
they the faid Thomas and Charles afterwards, and after the time
appointed by the fiid lafl-mentioned bill for payment of the money
therein fpeciiied, and whilft the faid laft-mentiooed bill was uniri^
dorfed, to wit, on the faid twenty-third day of November in tfaie
faid year of Our Lord 1786, there bad notice : in coniideratian
of which iaid fevera) premifes, they the faid Thomas and Charles
afterwards, to wit, on the day and year laft aforefaid, at London
aforefaid, tn the parifh and ward aforefai j, undertook, and then
and there faithfully promtfed the faid James to pay him the faid fum
of money tn the laid laft-mentioned bill fpecified, when they the
Cud Thomas and Charles (bould be thereunto afterwards reqtiefleci.
(Add Counts for goods fold and delirered, money lent and ad*
vanced, laid out, expended, and paid, had and received^ ac-
count flated, &c. common conclufion, with this addition, after
CiDcIttfloo. ftating a requeft:— ^* And although the faid ( plaintiff) hatb not
^* at any time fuice the making the (aid promifes and undertake
^' ings in the faid firft and fecond counts above mentioned, in—
* dorfed over or negociated the &id feveral bills of exchange, or
^* either of them, in thofe premifes and undertakings mentioned,
^^ or appointed the money dierein or in either of tnem fpecified
^* to be paid to any perfon or per fons whatfoever/'} But, &c.
Thomas Bai.ro vvr«
Foreign, b? drawer against acceptor.
DeClarfttiononi LONDON, to wit. Bernardo Jo^e Pinto de Olcveyra again ft
bill of tf^change Antonio Joze Czfar, &c. } for tliat whereas the faid plaintiff^
drawn for a/o- ^j, ^^e third day of Auguft in the y.ar of Our Lord 1 782, at Loii«
25!^I!iw^ don aforefaid, to wit, in the parifh of St. Mary le Bow, in the
irfffJ/^. ' ' ward of Cheap, according to the ufage and cuftom of merchants^
nude his certain bill of exchange in writing, with his own pra^
per hand thereunto fubfcribed, bearing date the fame day and year
aforefaid, and then and there direAed the (aid bill of exchange to
the faid defendant, by the name and defcription of Mr. Antonio
Joze Caefar D^ G^ D^ Porto, and thereby required the faid de->
fendant, at fifty days of that date, to pay that third of exchange^
the firll and fecond of that of no vigor, to the order of Mr. Jose
Ferr*. Guim^*. the fum of 170=140 reis, value received of
himfelf, and the faid 170=140 reis, in the faid bill of dc-
change mentioned* being Portugal money of the value of forty-
eight pounds feven fhillings and five-pence of lawful money of
Great Britain ; which faid bill of exchange afterwards, to wit, oa
the fame dny and year afore&id, at L. &c, aforefaid, according to
the ufage and cuftom of merchants, was (hewn and prefented to
the faid defendant for his acceptance ; and the faid defendant then
and there, according to the ufage and cuflom of merchants, aq«
cepftd
FOREIGN, BY DRAWER against ACCEPTOR. If3
4tepted the fame : and the iaid plaintiff in fad faith, that the faid
Joze Ferr*. Guim**. hath not yet made any order for the payment
of the faid (am of money in the faid bill of exchange contained.
And the laid plaintiflF in h{\ further faith, that afterwards, to wit, on
the twenty-fifth day of September in the yearaforefaid, at Porto in the
laid bill mentioned, to wit, at London,&c. ^forefaid, according to the
ufaj^and cuftom of merchants, thefaidbillof exchange was (hewn
^nd preiented to the faid Antonio Joze Ccfar for payment thereof,
and the faid defendant was then and there requeued to pay the faid
fum of money in tbe faid bill of exchange contained ; but the fai^
ilefendant then and there wholly refufed to pay the faid fum of
money in the faid bill of exchange mentioned ; by reafon whereof^
dse faid plaintiff afterwards, to wit,, on the fame da^y and year laft
aforefaid^ at L. &c. aforefaid, was forced and obliged to pay, and
has paid to the (aid Joze Ferr* Guim*'. the faid fum of money in
the (aid bill of exchange contained ; of all which faid premifes the
iaid defendant afyrwards, to wjt, on tbe day ^nd year lad afore^
laid, at London, &c. aforefaid, had notice j by reafon whereof^
and by force of the ufage and cuflom of merchants, tbe faid de-
fendant became liable to pay to the faid platnti(F the faid fum of
money in tbe faid bill of exchange contained, when he (he (aid der
fendant (hould be thereunto afterwards requeued; and being fp
liable, he the faid defendant, in confideration thereof, afterwards,
to wit, oi\ the fame day and year laft aforefaid, at London, &c.
afore(aid, undertook, and to the fajd plaintiff then and there faithful*
)y promifed to pay to him the faid fum of money in the faid bill of
exchange contained, when he the faid defendant (hould be there-
pnto afterwards requefted. (ad Count for a foreign fum of a dif-
ferent date in 9 different fet of Bills.) W, BALOwiifi,
Tliefe bills (hould hart been prott AecW
LONDON, to wit. If Sir Patrick Crawford knight, George ^^
Crav/ford, James Crawford, and George Gibfon, have made vou ciantionby f^
iecure, then put, by fureties and fafe pledges, John Gilmour fate ti^ enpnai m*
of London merchant, that he be before oi|r lord the king, on, &c. bin of exchange,
ivherefoever our faid lord the king (hall then be in England, to Drawtrt^ part-'
ihew; for that whereas, at tbe fcveral tjmes hereaftr men- '^^^^^^^^^
tioned, the (aid plaintiffs and the fs^id defendant, and one G. M, ^ft^'itj havinr
and one W. C. and T. C. his fon, and certain perfons ufing trade been twice in.
and commerce by and in the name, (irm, and ftyie of Me(rrs. <lorfed,andwhen
Thomas Coutts and Co. were perfons re(iding, trading, and ufing ^"* ftcwn to
commerce, to wit, the faid plaintiffs i|nd G. M. ?t Rotterdam in :*y^n^ wh^
Holland, and the faid defendant suic| the faid W . C* ^4 T. C. hi s fon, then iWufed,
and the faid perfons fo ufing trade and commerce in the faid name, whereby plain,
ilylc, and firm of Me(rrs. Coutts an4 Co, withjn this kingdom of ^»^» w«f« <*U-
Englandt to wit, at, &.c. in, &c- ; ahiJ the (j^d plaintiffs were ^^^^^^ *'
at thofe feveral times partners and joint dealers in their £iid trade ^ mtmtn
thereby put to expencc, fuch u conamUTion, pioteft, Ac, 4cc« T||t apoti take it up lir the b««
jttur c4 the drawer*
a94 ASSUMPSIT GENERAL.— On BILLS of EXCHANGE,
and commerce, and the faid W. C. and his {aid fon were alfo a^
thofe (everal times partners and joint dealers in their faid trade and
commerce, and the faid perfons fo ufing trade in the name, ftyle9
and firm of Meflrs. Coutts and Co. were alfo at thofe feveral
times partners and joint dealers in the {aid tr^de and conimerce ^
and being fo refpeAively refiding, trading, aqd ufmg commerce-
as aforeiaid, and the faid plaintiff's being fuch partners and joint
dealers as aforefaid, they the {aid plaintitFs, on, &c. in parts be-
Jond the feas, to wit, at Rotterdam aforefaid, made their certain
ill of exchange in writing, the hand-writmg of (i) one cf ihem^
for and on fheir joint and (i) partnerjb,ip account ^ and in their
(•^^'^^*y°*' joint and partnerfhip name, {lyle, and firm, to wit, Crawford an4
ix>uk'6ip! ^^* being thereunto fubfcribed, Recording to the cuftom of mer-
' ^ ' chants time out of mind ufed and approved of ; and the faid bill
bearing date the day ^nd year aforefaid, tl^en and ther^ dire£bcd
to the {aidJ.G. by the name of|&c« and thereby required him the
£iid J. G. at two ufanci^ to pay that the^r firft of exchange co the
faid G. M> or order », by the name of Mr. G. M, or order, pne
hundred and eighty-four pounds {lerling value on account witl^
R. C. and Co. and to place the fame to account as per advice; and
^he faid plaintiffs then and there delivered the faid bill to the iaicf
G. M. aud the faid two ujance mentioned in the faid bill, at the ticne
(a) of the malcing of the laid bill, were, and from thence hithertQ
have been, and Sill are^ two calendar months from the day eftbe^
date of the h\ll^ ^d not any other time whatfoever, according to
^he faid cuflom ; and which faid bill the faid J. G. afterwards, to
wit, on, &c. at, &C. 9ccepte4, a9cording to the faid cuftom i
and the faid G« M. to whom, or to whofe order, the payment o^
the faid fum of money mentioned in the faid bill was to be made^
afterwards^ and before the payment thereof, or of any part there*
of, and alfo before (he time appointed by the faid bill for payment
wqAdorfement. thereof, to wit, on, &c. at, &c. indorjed the faid bill, his own
proper hand being thereuntp fubfcribed, according to the faid cui^
tom, and by that indorfement appointed th^ contents of the faid
bill to be paid ;q the {aid W. C. and Son, or order, and then an^
there delivered the fj^d bill, fo indorfed, to the faid W. C. and
$on} and the faid W. C. and Son ^fterwar(|$, a|nd before the pay-
ment of the faid fum of money, or of any part thereof, to wit, on«
ad Indorsement, ^^* ^^' ^^ indorfed the faid bill, the hand- writing of one of
them, for and on their joint and partn^r{hip account, in their
joint and partnerflup name, {lyle, and firm, to wit, V{^ C, aacj
Son, being ther^qnto fqbfcribe^, according to the faid cuftom |
fU)d thereby appointed the contents of ^he faid bill to be paid to
the faid Thomas Coutts and Co. and then and there delivered the
faid bill, fo indorfed, to the faid T« Q. and Co. ; and the iaid
piaintifi's in fad {ay, that the {aid T, C« and Co. afterwards, t«i
yritir on, &c. at, &c. caiifed the faid bill, fo accepted and in^
4orfed as aforefaid, to be {hewn and prefented to the iaid J. G,
for payment thereof, and thereby then and there required the (aid
(«) In declaring on a bill payabk at uiapcc, tbetiaw muA be vitmA. %, $ilk»
131. 3. Keb. 6454
J. a
FORIfG^f, By DRAWER against ACCEPTOR. «95
t
J. G. to pay them the fum of money therein mentioned, accord-
ing to the tenor and cfFcft of the faid bill, and of his faid accep-
tance thereof, and of the faid indorfements fo made thereon as
iaforeiaid ; but the faid J. G.. at the faid time when the faid bill
vras fo prefented to him for payment thereof as aforefaid, or at
9nY other time whatfoever, M not pay to the iai4 T. G. and Co. Vaa^p^Y^er^
the faid fum of money mentioned in tbc fai4 bill, but then and
there wholly reivfed fo to do, and therein wholly fafled anj made
default ; whereupon the faid T. C. and Co. afterwards, to wit,
on, &c« at, ice. duly caufed the faid bill to be protefted for the
faid non-payment thereof, according to the faid c^llom : and ^f- °
terwards, to wit, on, &£. at, ^c. according to the faid cuftom,
certain perfoi^ rei^ding, trading, and uftng commerce within
this kingdom, to wit, at, &c. by and \n the name of Meflrs. B. B.
and Co. appeared before J. B. then being a notary public duly
and by lawful authority admitted and fworn, dwelling in London,
and being the fame notary public by whom the faid bill of ex*
change had been (o protefted, and according to the faid cuftom,
then s^nd there deciarrd before the faid notary, th^t they would
pay the CiiJ bill under the faid proteft, for honour^ and on account p^*,^ by certain
ffihejaid plaintiffs the drawers of the faid bill, holding them the perfont fw tu
faid drawers, and the acceptor, their executors and adminiftrators, ^w»««»' of draw.
and all others whom it might concern, always obliged unto them ^'^ ''^'^^j 'p^*
the fdid Meflrs. B. B. and Co. for thejr reimburfement \ and 604?* lo* Modi
thereupon the (aid Meflrs* B. B. and Co. then ai^d there, accord- j$. * '
ing to their faid declaration and the faid cuftom, paid the faid bill
under the faid proteft as aforefaid, together with Hve (hillings and
threepence for the (2) chtirges of the faid proteft, and after ^ards^ (a) B^mW. 119.
to wit, on, &c. at, &c. returned the faid bill, fo protefted, to Bl. 760, 76K
the faid plaintifis; and the faid plaintiffs were then and there ^' ^^ '3^.
obliged to pay, and did p^y, to the fiid Meflrs. B. B. and Co. andaT^^R. «!
for the faid bill, and for the {%) exchange and re-exchange of the , wiif. 185!
money therein contained, and the (2) charge cf proteft, (2) com- 4. BrQ.ParLCi^
miffion, and other charges attending the faid non-payment of (he ^v
faid bill, a large fum Qf money, to wit, the fum of two hundred
pounds according to the faid cuftom ; of all which premifes the
faid J. G. afterwards, to wit, on, &c. at, &c. had notice : and
by rea(bn of the premifes, and by force of the faid cuftom, and by
the law of merchants, the faid J. G. became liable to pay to the '
faid plaintiffs the faid fum of money fo by them paid to the faid
Meflr$. 0. B. and Co. as aforefaidi to wir, the faid fum of two
hundred pounds, to wit, at, &c. in, &c. ; and being fo liable, he
tne faid J. G. in conftderation thereof, afterwards, to wit^ oq,
£sc. at, &c. undertook, and then and there faithfully promifed the
laid plaintiffs, to pay them the faid fum of money fo by them paid,
when he ihould he thereto afterwards requefted.. And whereas^ ^i count
fcc. (anotherCount qi) the bill like the firft, omitting the paymeotby
o. B. and Co. for the honouif of drawer B. B. and Ca \ ai^d immedi-
9tely after ftating the proteft by Cputts and Co. faying : And there*
upon the faid T. C. after wardls, to wit, on, &c. at, &c. caufed to be
returned the if^id bill, fo protefted, for non-payment thereof) to
y 4 . tl^Q
H0 ASSUMPSIT GENERAL.--ON BILLS or EXCHANOIE,
the faid plaintifFs ; and the faid plaintlflTs were then and there, an4
thereby, and according to the faid cuftom, forced and obliged tq
pay to the &id T. C. and Co. for the (kid bill, and for the ex-
change and re-exphange of the money ti^^itcin contained, ^nd tbti
charge of the proteft, commi^on^ and other charges attending
the faid non-payment and return of the faid bill, 4 large fum of
money, to wit, the Aim of two hundred pounds, according to th^
faiJ cuftom ; of all which premifes the faid J. G. afterwards, to
wit, on, &^c. at, &c. had notice : and by reafon, &c. &c. as in
. the fir ft Count to the end. (Ad() the pomipon Poiints, an4
breach.) .
By PAYEE A.9AiN§T ACCEPTOPL, &c.
Pechra^ionona LONDON, f J. S. and T. B. asatnft A. R, for that
/•r«^«bmof ex- nn^hereas, at the fcveral times hereafter mentioned, the faid J. S.
tia^^or paytbic ^^^ '^* ^' ^"^ ^* ^* ^^^^^ perfons refiding, trading, and ufing
At fve ujaiki. Commerce Within this kingdom of England, to wit, at L. afore*
faid, in the parifli of St. Mary le Bow, in the ward of Cheap, an<)
one W. B. was a perfoh rending, trading, and ufm^ commerce
in parts beyond tht f^as, to wit, at Hamburgh ; and being fd reii*
dent and trading refpe6^ively as aforefaid, the faid W. on the
eighteenth day of Nov^^mber A. D. 1749 New Style, at H, afore-
JTaid, to wit, a^ London aforefaid, in, &c. aforefaid^ made hi{
certain bill of exchange in writing; fubfcribed with his own pro-
per handf according to the cuftom of merchants ufed and approved
, of from time immemorial, and the faid bill, bearing date the fame
day and year aforefaid, then and there direfled to the faid A. by
the name of Mr. A. R. merchant, London, and by the faid bill
(1) Mar. ^d.Ed. required the faid A. at (i) two ufs^nce to pay that his firft per (2)
p. 13. exchange to the faid J< and T. by the nanie of MeiTrs. Sterling
»6». Mariusy' p. change the faid A. afterwards, to wjr, on die tenth day of No-
7* vember in the year aforefaid Q. S. (or Britifl^ ftyjc)* at L. afore-
faid, in pariib and ward aforefaid, upon fight thereof, accepted,
according to the faid cuftom ; hy reafon whereof, and by force of
the faid cu(lom, and by the law of merchants, the f;^id A. became
liable to pay to the faid J. and 1\ the fum of one' hundred and
fifty pounds fpeci'fied in the faid bill, according to the tenor and
efFe£t of the faid bill and his faid acceptance thereof; and being fd
liable, tec, (Afiumpfit accordingly; (founts for money had an(|
received,* and common cbncluiion ); and therefore he brings his
fuit, &c. (Then go on thus) IVifb this, that '(a) the faid J.
and T. will verify, that two ufance mentioned in any bill of est-
phange drawn or made »t H aforefaid, are, and at the faid fevers]
times aforefaid were, two months from the date of f\ich bill) an«|
no other tithe whatfoever. (Add pledges, if in B. R.)
(a) It ftioold be averred in thedecla. tit. Bill of ExcKan^, O 4. 4. V. 156.
ratK n ivhat ulknce is, or it may be takea ) Keb. 645. Sa(k. .131. Mar. sd. £4>
Advantage cf oa dcoiuirlr. Yincf's Abr. p. 23.
MlPDtESEX,
f OREIQN, BY PAYEE against DRAWER, Sec. ^j
»
MIDDLESEX, to Wit. Henry Gurney cfquirc complains of Dedamtlpo on ^
Jacob Schalch cfquire, being, &c. for that whereas, at the feve- ^f^^^^^""^^^
^al times hereafter next mentioned, the (aid plaintiff and defen* /j^'^lnfir^n
(dant^and one Richard Cox and Arthur Mairt were perfon$ kye* partsMbtsaientt^
rally refidtn^, trading, and ufing commerce, to wit, the &^d who rc/uftfd co
plaintiff Richard Cox and Arthur Mair, within ihis kingdom of «c««P*» ^^« ▼:
England, to wit, at Weftminftcr, in the county of Middlefej^ ^''''*^*
aforefaid, and the (aid defendant in parts beyond the feas, to wit^
at Philadelphia in North America ; and being fo refpedively
refiding^ trading, and uflng commerce as aforefaid, he the iaid
defendant, according to the ufage and cuftom of merchant^
JFrom time immemorial ufed and approved of, on the feventeenth
day of July A. D. 1776, at Philadelphia in North America, to
yrit, at Weftminfler, &c. made his certain bill of exchange in
writing, his pwn proper hand being thereto fubfcribed, bearings
date the fame day and ye^r aforefaid, and then ^nd there direfte4
the faid till to the (aid R, C. and A. M. by the names and de«
ibriptions of Me(rrs« Cox and Mair, paymafters to the royal ar^
tillery, Craig's Court, Charing-crofs, London, andTthereby re-
quired them, at thirty days fight of that his firft of exchange,
fecond and third of the (ame tenor and date unpaid, to pay to tht ^
qrdir of the faid plaintiff H, Q. forty poinds (lerliqg on account' -^ ^'"*^l
of bis (i)fuh/iftencey as per fid vice from hjm jhp faid defendant j ,2iair^?2l
which faid bill of exchange afterwards, to wit, on the third day ,. ^^ t».
of December A. D. 1776, at Woftminfter aforefaid, in the county l«r. t^ s. Wilt^
of Middlefex aforefaid, was (bewn an4 prefented by the faid ai^*
plaintiff to the faid R. C. a^d A. M. for acceptance thereof^
and the faid R. C. and A. M. were then and there required bjr .
the faid plaintiff to accept the faid bill according to the fiiid \ibg9
andcuftom i but the faid R. C. and A. M. wholly refufcd to ac«
cept the fame i whereupon he the faid plaintiff then and ther^
caufed the (aid bill to be duly protefted for non-acceptance thereof;
aod the faid plaintiff farther in hd fays, that be made no order Ut
die payment of the faid fum of monev in the faid bill fpecifiea ca
any perfon whomfoever, whereby the fame became payable to
^imfeif the faid plaintiff; and that he the faid plaintiff afterward^
to wit, on the fourth day of January I777» at Weftminfter, ice
iliewed and prefented the faid bill to the iatd R. C. and A* M« for
payment thereof, and then and there required them to pay him the
(aid plaintiff the faid fum of money in the faid bill mentioned, ac- '
cording to the tenor and effe£l of the faid bill ^ but the faid R* Ck
^d A. M. then iand there wholly refufed to pay the Cud fum of
money in the faid bill mentioned, or any part ^hereof, to him the
^d plaintiff; whereiipph ne the ^id plajntiff then and there caufed
pe faid bill of exchange to be duly protefled for non-payment
t|iereof, according to theu(age and cjuftom aforefaid; of all which
preaufes he the faid defendant afterwards, to wit, oh the day and
year laft aforefaid, at Weftminher, &c. had notice: and by re^*
|>f) thereof, and according to the faid ufa^e and cuftooi) and by
" ' the
1
»9t ASST|MPSIT GENEItAL.-^OK BILLS or EXCHANGE,
the If w of merchants, he the faid defendant the|i and there be-
came liable to pay to the f^idplaintilFthe faid Turn of money, men*
tioned in the (aid bill, upon requeft ; and being fo liable^. he the
faid de^ndant, in confideration thereof, afterwards, to wit, on
the day and year laft afofefaid, at Weftniinfter, &e. undertook,
and then and there faithfully promifed the faid pla^ntifF to pay him
the faid fum of money mentioned in the faid bill when he thie faid
defendant (hould be thereto afterwards requeued. And whereas
f^lfo the faid defendant afterwards, to wit, on the firft day of
January /\. T). 1785, a( Weftminfter, &c. was indebted, S^c.
(Common Counts on Indebitatus Aflumpfit for money lent and
advanced, laid ogt and expended, had and receive^d, an4on aq ac«
count ftated| and common cppclufion, to ^* and therefore he brings
^ fuit, S(C.'' after which the following words are to be added :
Averment chat With this, that the faid plaintiff will verify that the faid fecond
all of tiie fet are and thira bills of exchange^ in the aforefaid firft bill of exchange
unpaid. mentioned, are, and each of them is, ftill wholly unpaid, to wit,
at Weflminfter aforefajd} ill the (aid ^ounty pf Middlefex.)
pledges, &c, '
Declaration In a FOR that whereas the (aid William, on the twenty-fourth day
bill of exchanst of, &c. at, &c. in, &c. made his certain bill of exchange in writ-
hy the J^ajM v. j^g^ his own proper hand being thereto fubfcribed, bearing date
!^ CcnT'ik - ^^^ ^^^^ day and year aforefaid, and then and there dire£ted die iaid
im a banker's ^^^' ^^ exchange to certain perfons commonly called and known by
drift inftead of the names, and ufmg the ftyle and firm of MefTrs. Down Ihorn-
a bitt of ex- ton and Ffee, (by their names, ftyle, and firm aforefaid) j by which
fhwgpt faid bill of exchange he the faid William then and there required
the faid MefTrs. D. T. and F. to pay to the faid Samuel (by the
name and addition of Mr- Samuel NKbett) or bearer, two hundred
and eighty-two pounds, and then and there delivered the faid bill of
exchange to the faid Samuel : and the faid Samuel avers, that after
the making of the faid bill of exchange, ai^d before the payment
of the faid fum of money therein fpecihcd, or of any part thereof,
to wit, on, &c. at,&c. he the faid Samuel did (hew and prefent the
faid bill of exchange to the faid MefTrs. D. T. and f, for payment
thereof, and did then and there requefl the faid Meijjrs. D. T. and
F. to pay the faid fum of money therein fpecified s^ccording to the
* ^tenor and efleS thereof j but that the faid Meffrs-D. T. and F. did
not nor would at the faid time when the faid bjll of exchange was
,{0 (hewn and prefented to them for payment thereof as aforefaid,
pay the faid fum of money therein fpecified, or any part thereof,
but wholly refufed and neglected fo to do; wherec^die &id Wil-
liam afterwards, to wit, on, &c. at, &c. had notice : by means
whereof, and according to the ufage and cuflom of merchants, be
the faid William theo and there became liable to pay to the Cud
Samuel the (aid fum of money in the faid bill of exchange fpeci-
fied, when be the faid William ihould be thereto afterwards re*
queficdi
FOREIGN, BY PAYEE against DRAWER, &c, 99)
quefted } and being fo liable, he the faiJ William in conflderation
thereof, afterwards, to wit, on, &c. at, &c» undertook and then and
there faithfully promifed the (aid Samuel to pay him the faid fum
o{ money in the faid bill of exchange fpecified, when he the, faid
William (hould be thereto afterwards requeued. And whereas 2d Count,
the faid William, o{), &c. at, &c. according to the faid ufage and
cuftom pf merchants, made his certain draft or order in writing
for the payment of money, commonly called a banker's draft, bis
own proper hand being thereto fubfcribed, bearing date the fame
day and year aforefaid, and then and there directed the faid draft or
order to the faid Meflrs, D. T, and F. by which faid draft or ordef
he the faid William then and there required the faid MefTrs. D* T.
and F. to pay to the faid Samuel (by the name and addition of Mr,
Samuel Niibett) or bearer, two hundred and eighty*two pounds
ten ihillings, aid then and there delivered the. faid draft or order
fp the faid Samuel ; and the faid Samuel avers, that he the iaid Sa-
muel did after the making of the faid draft or order, and before
the payment of the (aijl fum of money therein ^ecified, or of any
part thereof, to wit, on the fame day and year aforefaid, at London .
aforefaid, in the pariib ai)d ward atorefaid, ihcw and prefent th^
faid draft or order for payment t!)ereof to the faid Meflrs, D. T»
jind F, and then and there required the faid M^ffrs. D* T. and F,
to pay to him the (aid Samuel the faid fum of money therein tpe<^
tilled, according to the tenor and eiFeifl thereof j but that the bid
MefTrs. D. T. and F. did not, nor would at the faid time when
the faid draft or orde;- was fo ihewn and prefented to them for
)aymcnt thereof as a|pr^d, pay the faid fum of money therein
pecificd, or any part thereof, tonim thefaid Samuel, but vyholly neg-
e£led and refuled fu to do ; whereof the faid William afterwards,
to wit, on, icCf at, &c. had notice : and by means thereof, and ac*
pording to the (aid ufa^e and cuftom of merchants, he the (aid
William then and there became liable to pay to the faid Samuel
the faid fum of money in the faid draft or order fpecified, when he
the faid William Oiould be thereto afterwards requeued; and be-
ing fo liable, he the faid William in conflderation (hereof after*
wards, to wit, on, &c. at, &c. undertook, &c. to pay him the
^id fum of money in the faid^ draft or order when he the faid
William (hould be thereto afterWacds requeued. And whereas^
^c. a third Count like the fecond, only inftead ofTaying "draft
pr order,'* fay, *' note or inftrumcnc." — Add the money CoiintS|
AND wherpas certain pcrfpns ufii^g trade and commerce, un« Another Count
fler the name, iiyle, and firm of Peter Haienclever and Company, by Mmudjlratrix
in parts beyond the feas, to wit, at New York aforeiaid, in the ?^7^ againft
lifetime of the faid Ifaac Sears, to wit, on the faid twenty-firft -^^^*» ^*^
day of January in the (aid year of Our Lord 1768, at New T^ft'^j;;;
of a fercign bill of exchange, (drawn hj one of cbern for himielf and the reft ia copartfterfliip
ina), on Richard Willis, another of them, and authoriied to accept fyr the flnn, after acceptance:
iriVi and fevcral other paimcnbeini ftDCf dci^«
York
y>9 ASSUMPSIT GENERAL.~On BILLS op EXCHANGE.
York aforefaidi to wit, at London aforefaid, in the parifh and
ward afere&id, according to the faid ufage and cuftom of mer"
chants, made their cei tain bill of exchange, fubfcribed with the
proper hand-writing of one of them for himfelf and the reft of
them, in their joint and copartnerihip name, ftyle, and iirni of
Peter Hafendever and Company, bearine date the day and year
hft aforesaid, and then and there dirofted the faid laft^mentioned
bill of exchange to the (aid Richard Willis in his lifetime, by the
name and defcriptton of Richard Willis efquire, London, he the
faid R. W. then and there being employed as agent, and beinj
duly authori^d by the faid George Jackfon, John Elwin, Hutch*
infon Mure^ Robert Mure, William Robertfon, Ptter Hafen^
fkvery and the faid Arthur Forreft, Thomas Dampier, Patrick
Crawford, Richard Ajkinfon, John Devall, Neal Ward, M^iry
61each, Lucy Sleacb, Charles Crofts, Andrew Seton and Miles
Nightingale dece^ed in the life of the faid A. P. J. D. P. C.
R. A. J. D. N. W. M. S. L. S, C. C. A. S. and M. N. to
*accept for and on the behalf of them and himfelf the faid Richard
Willis bills of exchange drawn by the faid perfons fo ufing trade
and commerce ^ aforefaid, for aild on the account of the fdid
G. J. J. E. H. IVL R. M. W. R. P. F. A. F. Jl. W. J. D.
P.C. K.A. J. p. N.W. M.S. L.S. C.C. A- S. and M.N.
and dire^ied to him the faid }(.• W. ; and by the faid 1^-mentioned
bill of exchange the faid perfons fo ufing trade and commerce as
aforcfaid, required the faid Richard Willis in his lifetime, at
forty days fight, to pay that third of exchange (iirft and (econd
not paid) to the olrder of the faid Ifaac ^ears, by the name and
defcription of Mr. J, S. four, hundred pounds fterling value of the
fame, which they thereby required the faid Richard Willis to
place to the account of vf. C. (meaning therieby the account of
the faid G.J. J. E. H. M. R. M. W. R. P. F. A. F. R. W.
1\ D. P- C5. R. A. J. D. N. W. M. S. L. S: C, C. A. S. and
M. N.) as per advice, and then and there dire£lf;d the faid laft*
niemioned bill of exchange to the faid Ifi^ Sears in his life-
time. Jnd the faid Emanutl ^larfiy adminiftrator as aforeiaid, in
faA faith, that the faid laft-mentioned bill of exchange afterr
vards, and in the lifetime of the faid Ifaac Sears,, to wit, on the
eleventh day pf Q£lober in the faid year of Our Lord 1768, was
{hewi} and prefented to the faid Richard Willis in his lijfetime, for
Ills acceptance thereof; and the faid Richdrd Willis then and there
had fight of the faid lad-mentioned bill of exchange, and being
fu authorized as afdrefaid, then and there, according to the fai4
ufage and cuftom of merchants, accepted the fame for and on
the behalf of himfelf the faid R. W. and the faid G. J. J. E.
H. M. R.. M. W. R. P, H. A. F. 1 .D- P. C R. A. J. D*.
N. W. M. S. L. S. C. C. A. S. and M^N. in the lifetime of
the faid A.F. R. W. T.D. P. C. R. A. J.D, N.W. M.S,
L. S. C. C. A. S. and M. N.: by reafon of all which premifes,
according to the f^id ufage and cu{lom of merchants) the fai^
toiiiGi^, BY i^Ayee acXinst drAwe^, &c. rf.
G. J. J. E. H. M. R. M. W. R. P. H. and the faid A. F.
R.W. T.D. RC. R.A. J. D. N.W. M.S. L.S. C.C-
A. S. and M. N* deceafedy in the lifetime of the faid A. F«
R. W. T. D. P. C. R. A. J- D. N. W. M. S. L. S. C. C
A. S. and M. N. became liable to pay to the fjid Ifaac Seart
the faid fum of money Contained rn the (kid laft-mentioned bill of
exchange^ according to the tenor and tScSt of the faid laft^men-
tioned bill, and of the faiJ acceptan<be thereof as aforefaid ; and
being fo liable, they the faid G. J. J. E. H/ M- R. M. W. R.
P. H. and the faid A. F. R. W. J. D. P. C. R. A- J. D.
N. W. M. S. L. S. C. C- A. S. and M, N. deceafcd, in con-
iideration thereof afterwards, and m tfie lifetime of the faid A. F.
R. W. T. D- P. C. Richard A. J. D. N- W. M. S. L. S^
C. C. A. S. and M. N. to wir, on the twenty*tfaird day of No-
vember in the iaidyearof Our Lord 17689 at London afore-
£iid, in the pariih and ward aforefaid, undertook, and to the (aid
Ifaac Sears in his lifetime then and there faithfully promifed^ to
pay him the (aid fum of money in the faid laft-mentioned bill of
exchange contained, according to the tenor and efFeA of the {zii
laft-mentioned bill of exchange, and of the faid acceptance thereof
as aforefaid : and the faid Emanuel Elam avers that the faid firft
and fecond in the faid laft -mentioned bill of exchange mentioned^
are not yet paid. [Common money Counts; concluHon j and aU
ledge the granting adminiftration. j
MIDDLESEX, to wit. If Robert Scott make you fecure, Paytt^. Drawtr
&c. then put, by gages and iafe pledges, Samuel Thomas Rof- of a foreign bill
cove, late of Weftminfter in the county of Middlefex, gentleman, o^ exchange af-
tfaac be be before our lord the king in nfteen days from the day of **»■ jitfentment
Eafter, whercfoever our faid lord the king fliall then be in Eng- TOnawcpiatictT
land, to (hew; for that whereas the faid Samuel Thomas Rofcow, Origioal in9.lU
CXI tlie twelfth day of December in the year of Our Lord I782>
in and on board of a certain fhip or veflel called the Worcefter,
in certain parts beyond the feas, to wit, at or near Bombay in the
Eaft Indies, that is to fay, at Weftminfter in the county of Mid*
dlefex aforefaid, according to the ufage and cuftom of merchants
from time immemorial ufed and approved of within this kingdom,
made his certain bill of exchange in writing, his own proper
hand being thereto fubfcribed, bearing date the fame day and year
aforefaid, and then and there directed the faid bill of exchange to
one Thomas Curry, by the name and addition of Thomas Curry
cfquire. Cold Harbour, Gofport ; by which faid bill of exchange
he the faid Samuel Thomas Rofcow then and there required the
laid Thomas Curry to pay in London thirty days after fieht of that
his fecond bill (his firft and third of the (ame tenor and date not
paid) unto the £ud Robert, by the name and addition of Mr. Ro«
bert Scott, or his order, fifty pounds fterling, being for value re«
ceived of him there, and to place the (aqoc to account^ with or
3D* Assumpsit generaL.-ok.biLls of exchange*
without further advice of him the faid Samud Thomas Rofirow;
and the faid Samuel Thomas Rofcow then and there delivered the
faid bill of exchange to the faid Robert : and the faid Robert ia
faft fays, that afterwards, to wit, on the fixteenth day of Odober
in the year of Our Lord 1783, to wit, at Weftminfter in the
county of Middlefex aforefaid, the faid bill of exchange wa$ (hewn
and prefented to the faid Thomas Curry for his acceptance there-
of, and the faid I'homas Curry then and there had fight of the hii
bill of exchange, and wzt then and there requeued to accept the
fame according to the faid ufage and cuftom of merchants ^ but
that the faid Thomas Curry then and there wholly refufed and
neglected fo to do ; and thereupon the faid bill of exchange w^
s^fterwards, to wit, on the day and year laft aforefaid, at Weft*
minfter in the county of Midcllefex aforefaid, duly protefted far
jion-acceptance tltereof, according to the faid ufage and cuftom of
merchants; of all which faid feveral premifes the f^id Samuel Tho-
mas Rofcow afterwards, to wity on the d^y and year lafl aforefaid, at
Weftminfler in the cotfhty of Middlefex aforefaid^ bad notice : b«
means whereof, and according to the faid ufage and cuflom of
merchants^ he the faid Samuel Thomas Rofcow then and there
became liable to pay to the faid Robert the faid fum of money
in the faid bill of exchange fpecified, when he the faid Sa-
muel Thomas Rofcow fhould be thereunto afterwards requefled ^
and being fo liable, &c. &c. AfTumpfit accordingly.
Drawn by Mr. Tii>Otf
By first indorsee against FIRST INDORSOR, &c«
Firp iHJcJjk V. (a) FOR that whereas one G . C. on,&c. at, &c. according to the
Firft iiid9rfir{%) cuftom and ufage of merchaqts, made his certain bill of exchange^
cf a /»rA^ bill ^ith his own proper hand- writing thereunto fubfcribed, bearing
of eachaoge for ^^^^ j|j^ f^^^ j^^y gj^j ^^^^ aforefaid, and then and there dire&ed
^2[^^^ after ^^ ^^^ ^^'^ ^^ exchange to one G. M. by the name and de^rip*
the Otme had tion of, &c. Madras, and thereby required the faid G. M. at fix*
beeareiufedac. ty days after fight, to pay that third bill of exchange (firft and
ceptanceorpay- f^o^d not paid) to the order of the faid D. T. by the name> &c*
iwTre^^cd by ^^ ^; T- cfquire, two thoufand eight hundred flar pagodas, va-
fourtb iDdoiice, l^e ot the f^ime, which the faid G. M. fhould place to accouati
proteftcd for With or without advice, and then and there delivered the faid biU
non-acceptasee of exchange to the faid D. T. : and the faid plaintiffs aver, diat
*"** "^l£2 ^ *^ *'"^^ ^^ ^^^ making of the faid bill of exchange, the twa
tiff'^'whowiii ^'•wifaftd eight hundred pagodas therein mentioned were of the
obliged to takt value of a certain fum of lawful money of Great Britain, to wit,
it up and pay it the film of one tholifand five hundred pounds of lawful, &c. tt
^**^ ^'^^^ ^^ ■*» ^^" aforefaid : and the ftid plaintiffs further fay, that the
cb»r»2n<«^» feid D. T. to whofc order the payment of the faid fum of money,
9 ^ lt« %%m
l%\ Vid» caftt (') ^'^^^ this cafe reported in Durnfocd'i and £aA*» Reports, Trinity T«nB,
10
Pottiaiit By ^XRST lt^J)Ok^E£ v. First I^^lX)kSOk»&c. JOJ
in the faid bill of exchange mentioned^ was appointed to be made,
afterwards, and before the payment thereof, to wit, on, &c« at, &c»
mccording to theu&ge and cuftom of merchants, indorfedthe faid liUndorfcment,
bill of exchange in writing, his own proper hand being thereto
fubfcribed, and by that indorfement appointed the contents of the
faid bill to be paid to the laid plaintiffs, x by the defcription of,
&c. or order, value received, and then and there delivered the
faid bill, fo indorfed, to the faid plaintiffs; and they the faid
plaintiffs, to whom, or to whofe order, the payment of the faid
fum of money in the laid bill of exchange was by that indorfe-
ment appointed to be made, afterwards, and before the payment
thereof to wit, on, &c. at, &c. according to the ufiige and cuf-
tom of merchants, snJor/ed the bid bill of exchange in writing, ad iDdprAmiat
the proper hand-writing of one of them for himfelf and the other
of them being thereto fubfcribed, and by that indorfement ap-
pointed the contents of the faid bill of exchange to be paid to cer-
tain perfons carrying on trade and commerce under the name,
ftyle, and firm of A. M. and Co. or order, value on account with
J. B« C* and R. C. and then and there delivered the faid bill of
exchange, fo indorfed, to faid A. M. and Co. : and the faid plain-
tiffs further fay, that the faid A. M. and Co. to whom, or to
whofe order, the payment of the 'faid fum of money in the faid
bill mentioned was by the faid lad- mentioned indorfement ap-
pointed to be made, afterwards, and before the payment
thereof, to wit, on, &c. at P. in parts beyond the feas, that is to
lay, at, &c. according to the ufagc and cuftom of merchants, in- . . ^
JorfiJ the bid hWl of exchange in writing, by the fignature of^^^"^"^^"^^
A. M. and Co. and by that indorfement appointed the faid fum of
money in the faid bill of exchange mentioned, to be paid to cer-
tain other perfons carrying on trade and commerce under the
«uune, &c. of P. D. and Company, or order, value on account,
and then and there delivered the (aid bill of exchange, fo indorfed
as aforeiaid, to the faid P. D. &c. to whom, or to whofe order,
the payment of the faid fum of money in the (aid bill of exchange
mentioned was by the faid laft-mentioned indorfement appointed
to be made : and the laid plaintiffs further fay, that the (aid
P. D. ice afterwards, to wit, in, &c. at Fort St. George, in
parts beyond the feas, that is to fay, at, &c* caufed (he faid bill of
exchange, fo indorfed as aforeiaid, to be preftnted and (hewn to BlllprefbntedfM'
the (aid G. M. for his acceptance thereof, according to the (aid ^^^^'P**"*^*
ji£ige and cu(tom of merchants, and the (aid G. M. had then and
there fight of the (aid bill, and was then and there required to ac-
Gppt the laid bill of exchange, the firft and (econd in the (aid bill
of exchange mentioned being then and there wholly unpaid ; but
lie the laid G. M. then and there wholly nealedled and refuf-
ed fo to do} and thereupon the faid bill of exchange after-
wards, to wit, on, &c. laft afore(aid, at Fort St. George afore-
iaid, that is to (ay, at, &c. aforefaid, was in due form of law pr^- pretdled f
Ujhifrr ibi mn-ucciptanci thereof, according to the ufage and iuin-acqcp«^cf.
cuftom of merchants \ of which faid premifes laid defendant, on,
fcc. atf &€. bad notice : and the laid plaintiffs further fay, that the
laid
^^ A^StriflPSlt GENEFfAL.— Om BILLS of EXeHANG&
(aid P. D. &c. afterwards, and when the laid bill of el^cliange be^
came due and payable, according to the tenor and effed thereof/
frtk ted it for ^^ ^^^* ^"' ^^* ^' '^'^^^ ^^' G^^''?^ aforcfiiid, that is to fay, at, &c;
fayment, after it ^^"^^^ ^^^ &»d brtt of exchange to be pnfefited and (hewn to thrf
Ccamedtte. (^i<l G« M. for payment thereof; anothefaid G« M, was theiir
and there requeued' to pay the faid fum of money in the6id bill of
exchange mentioned, the firft and fecond fn the faid bill of ex-
change mentioned then and fiill being wholfy onpaid and ui^fatis^
fied, to wit,at,&c. but th e faid G.M. did not then, nora^tany other
time whatfoever, pay the faid furh of m6ney xti the fa\A brll of exchange
mentioned, or any part there6f, bat then and there, to wit, ai
Fort St. George, that is to fay, at, &c. aforefaid, negleded and
Aefii^ cf pay- ^rf^fo^ ^0 to do : and thereupon the (aid P. D. and Company, af«
meot. tec wards, to wit, on, &c. lall afbre&id, at Fort St. George afbre^
faid) that is €o fay^ at, &c. aforefaid, caufed the £iid bill of ex*
frfotefted for change to be in due fornt of law prote/lid far the tton^ipaynunt^
HoD-paymcnt. thereof, according to the ufagc and cuftom of merchants : and the
faid plaintiffs in fac> further fay, that by reafon of the premifes, and
according to the faid ufage, &c. they the faid plaintiffs afte/wards^
to wit, on, &c. lait aforefaid, at, &c. aforefaid^ as indorfees of the
Fbmt'.fisy asm- faid bill of exchange, were obliged to paf^ artddid pay the £ud fum
dorfecs.paycon 6f money in the (aid biH of exchange mentioned, together
tt&ttofthebllL ^iti) re»exchange< intvreft, damages, and charges there-
upon, amounting to a liirge fum of moneys to wit,* the fum
of one thoufand pounds of jfawful, &c. making together, with
the fold fum of one thoufand five hundred pounds, a large funa
of money, to wit, the fum of two tlioufand five hundred pounds
of like lawful, }<c,\ of all which premifes the faid defendant
lfei\cetpdefcn* afterwards, to \Air5 on, &c. at, &c. had notice : by reafon of
4Udc. all which piem-ifes, and according to the ufage, &c. the (aid
defendant became and was liable to pay to the faid plaintift .
the faid fum of two thoufand five hundred pounds laft men*
tioned-, and being fo, &c. (promife of payment upon requeft.)
(2d Count like the firi^^ till you come to this mark x ; then
fay, thaf plaintiffs prefented the faid bill for acceptance; then
date a refufal and proteflation of the biH by the plaintiffs, ia
the form of the (irfl Count ; and likewife aver, that the plain*
tiffs prefentcd the bill for payment, and that it was reftifed^
^nd afterwards the ufual proteftation); of all which faid pre^* '
mifes the faid defendant afterwards, to wit^ on, &c. at, &c. had
notice : by reafon whereof, and according to the faid uiage, &c«
he die faid defendant then and therfe became liable to pay to the
faid plaintiffs the faid fum of money in the faid lad-mentioned biB
of exchange mentioned, together with re-exchange, interei^, and
damages, cofis and charges, amounting to a large fum of money^
to wit, the fum of one thoufand pounds, .and making together
with the faid fum pf one thoufand five hundred pounds, a large
fum of money, to wit, the fum of two thoufand five hundred
potti|ds of lik'w hwful, &c. \ and being fo liable, be the faid defen-
dant
i^okEIGN, BY FIrST IMDORSEE. 3«S
fiint, in bonfideration thereof (as before). (Like the fecond,ta
the end of the protefting for non-acceptance, and then go on
ks follows). And the faid plaintiffs further fay, that more than ^^^^^l ^
fixty days arc elapfed fince the day on which the faid G. M. fo ^Upftd,
bs aforeiaid^ had fight of the fid laft-mentioned bill of exchange^
to wit, at, Sfc. by rcafon of all which faid premifes, and accord-
ing to the ulage, &c, the iaid defendants then and there bccanie
iiabJe to p21y to the iaid piaintiifs the faid fum of money in the faid
laft-mentioned bill fpecificd, together with re-exchange, cofts,
&c, amounting to a large fum of money, to wit, the fam of»
&c. and being (o liable, he the faid defendant afterwards, &c»
undertook, &c. (A Count followed for money laid out, and ano-
ther for money had and received -, a fixch, on an account (tated ; and
trommon conclufion.) G. Wouo*
MiDDLESfek, to wit. J'or that whereas the faid John, Wll- Dcciafatlonoii.
liam, and S. Strachey, Peter O'Brien Sevington, and Catharine -^"^"^^^
S. heretofore at the rcfpeQive times hereafter mentioned were of (i^iJor/r/*
perfons refiding, &c* to wit, the faid S* $• W. R. and C. S. in ofhyttv Draw
parts beyond the feas^ to wit, at, &c. in,&c. and the faidP. O'B. ^> mAotM tU
S. in parts beyond the Teas, to wit, at, &c. in, &c, and the faid t«tim«fi>tpay.
j. B. within this kingdom, to wit, at W. in the county of Mid- ^^^
diefex; and being fo rcfpe^ively refident and trading, the faid W«
on the twenty- fifth day of December A. D, J 763, in parti be- /j) vide 3 Ba«.
yond the fcas, at, &c. aforcfaid, to wit, at, &c. aforefaid) in the Abr« 5ia. and
county aforefaid, made hid certain bill of exchange in writing, the authoritft
fubfcribed with his own, proper hand, according to the cuftom of there cittd^ tl-
merchants from time immemorial ufsd and approved of within this ^^ 3* ^'^'^
kingdom, the faid bill bearing date the day and year aforefaid, and
dircifted the fame to the faid P. by the name of Mr. P, O'B. $•
New York, and by the faid bill required him the faid P. to pay,
three months after the date thereof, to the faid S. S, by the name
of, &c. or order, forty-five pounds York currency^ fur value re-
ceived, and to place the i^ime to the account of the faid William ;
u>hich faid bill of exchange he the faid P, O'B. after^ardsy afid
before the payment of the faid fum of tnoney contained in the faid
billy or of any part thereof (a)y and nlfo before the time appointed
by the faid bill for the payment thereof to wtty on the day and year
aforefaidy in parts beyond the feaSy at New Tork aforefaid^ to wit^
aty (^c. aforefaid^ in the county aforefaidy upon fight thereof acceptedy
according to the faid cuflom : and the faid J. further (aidi, that the
faid S S. to whom, or to whofe order, the payment of the faid
fum of money contained^ in the faid bill was to be made, after*
wards and before the .payment of the faid fum of moqey contained
(tf) This awnncnt had better be rbnce. Conningh. Law of Bills, 84. and
omiited, kil the iUi Ihould turn out the autboritlci there cited. LordRaym.
otherwHe, whco it would be a fiital va- 575,
Vol L X 10
366 ASSUMt^SlT GJENiPRAL.-^ON SiLES of EXCflAhfGfi*
Payee dicd.hav- in the faid bill. Of of any part thereof, to wit, on the Cune
ingarrtmadchis j^y ai^j y^r ^fQrefaid, ill parts beyond the Teas, at A. afore-^
Miiued" txKu ^^^'^» ^° ^'^» ^^» ^^* ^'foj'cfaid^ in the coUrity aforelaid* died, hav-
ens. ^^% ^^^ ^u'y made^ publifhed and declared, his lad will and tef-
tament in writing, and thereby appointed the faid C. S. foie exe-
cutrix ; who afterwards, to wit, on the day and year aforefaid, in
parts beyond the feas, to wit, at A. aforefaici, that is to fay, at
Weftminfter aforefaid, in the county ^orefaid, duly proved the
fame, and took upon herfelf the burthen of the execution there^
of; and that the (aid C. S. executrix as aforefaid, as fuch execu-
trix, afterwards and before the payment of the money in the faid
bill contained, or of any part thereof, to wit, on the fame day
and year aforefaid^ in pans beyond the feas, to wit, at A. afore«>^
faid, that is to fay, at Weftminfter aforefaid, in the county afore-*
f^id, according to the faid cudom, incorfed the faid bill^ her own
^' S- This l^iU proper hand being thereto fubfcri bed, and by that indorfement ap-
X^^ dme'^'f^ pointed the contents of the faid bill to be paid to the faid J. B.
payment was ^"^ ^^^^ ^"^ there delivered the faid bill, fo indorfed, to the faid
ex^i^td, and J* B. : and the faid J. avers, that the faid bill, at the end and ex-
after the biU was piration of the time appointed by the faid bill for payment there-
prcfcnted for ^f^ ^q ^j^^ q^ the feventh day of September in the year of Our
payment. \,otA 1 764, in parts beyond the feas, to Wit, at New York afore-
(5) 1. Shdw. faidj that is to lay, at Weftminfter aforefaid, in the county afore-
'^3- faid, was (hewn and prefented, &c. (as in the Precedents
LordRaym.-75. ^^ P^y^f V. Droiver^ with afTumpfit to pay on requeft. Add
17. Ceo. III. another Count, leaving out what is in italic, but flate that the
c. 30. (. I. drawee refufcd to accept or pay, &c. as before > money had and
*7* ^^^^ m- lent ; and common cone! tifion«)
c. s6. '
Iniarlu of a fo- LONDON,^ For that wHereas, at the feveriJ timei hereafter
d!fa e^^a^'Vn'ft mentioned, the itid S.B. J.M.'f homas Bird, and George Harvey,
the Drawer^ ^^^ onc Other J. M. were perfons refiding, trading, and ufmg com-
where the {a) merce, to wit, the faid J. M. firli named, in parts beyond the
droves noat not feas, to wit, at Grenada, in the Weft Indies $ and the faid S. B.
«« befntnd, Thomas Bird, and George Harvey, and J. M. fecondly mentioned,
within this kingdom, to wit, at L. aforefaid, in the parifh of St<
Mary-le-BoWp in the ward of Cheap. And whereas alfo the faid
Thomas Bird and George Harvey, fo being partners and joint dealers
together as aforefaid, the faid J. M. tirft named, on twelfth day of
November A, D. 1786, in parts beyond the feas, to wit, at G.
aforefaid, that is to fay, at L. aforefaid, in the parifb and ward
aforefaid, made his certain bill of exchange in writing, fubfcribed
with his own proper hand, according to the cuftom of merchants
from time immemorial ufed and approved of within this kingdom^
the (aid bill bearing date the (ame day and year aforeikid, and then
and there diretfled the faid bill to the faid J. M. fecondly named,
by th« name of Mr J. M. at Meffrs. J. and R. Hunt's, Love Lane^
(«} Lord Raytn. 743. Sir. 1087.
London^
FOREIGN', BY FIRST INDORSKE. 307
London, and by the faid bill required the fald J. M. fecondly
tiamed to pay, at flxty days (ight of that his firft bill of exchange
ifecond and third of equal tenor and date not paid), unto the
aid T. B: and G. H. by the names of Meffrs. B. and H. or
order, thirty-three pounds fix (hillings and fivepence value received,
and then and there delivered the faid bill to the faid T. B. and
G. H. : and the faid T. B. for himfelf and the faid G. H.
his faid .partner, to wh6ni, or to whofe order, the payment of In<Jorfed by B.
the faidfum of money mentioned in the faid bill was to be made, ^<»"f«Jf»n<'^»'»-
afterwards, and before the payment of the faid fum of money
mentioned in the faid bill, or of any part thereof, {a) and al/o hefon
the time appointed by the faid hill for payment thereof^ to wit, on the
day and year aforefaid, to wit, at L. aforefaid, in the parifh, &c*
aforefaid, indo^fed the far J hill, his own proper hand being thereto
fubfcribed, according to the cuftom of merchants from time im-
tnemorial ufed and approved of within this kingdom ; and by the
faid indorfement the faid T. B. for himfelf and the (aid G. H«
his faid partner,' appointed the Contents of the faid bill to be paid
to the faid S. B. and then and there delivered the fard bill fo
indorfed to the fard S. B. : and the faid S. B. further faith, that he
the (aid S. B. afterwards^ within a reafonable time after the making
of the (aid bill and the indorfement thereof to the faid S. B. to wit,
on the eighth day of February, A. D. 1739^ at L. aforefaid, in the
pari(b, &c« aforefaid, (^) inade enquiry after the faid J, M. fecondly
named, upon whom the faid bill was drawn, at the houfe of the
faid J. and R, HuntS in the faid bill mentioned, with intent to (hew
and prefent the faid bill'to the faid J. M. fecondly named, for his
acceptance thereof, and to requeft the faid J. M. fecondly men-
tioned to accept the fame, and to pay the faidfum of money therein
contained to the faid S. B. according to the tenor and efFe£b of the
faid bill, and of the faid indorfement fo made thereon as aforefaid ;
but tluit the faid J. M. fecondly named was not then there found,
nor could the (aid S. Bt then, nor hath he been able hitherto fmce,
to(ind the faid J. M. fecondly mentioned there, or in this kingdom;
nor hath he ever paid to the faid S. B. the faid fum of money men-
tioned in the faid bill, or any part thereof, but the fame ftill
remains wholly due and unpaid to the faid S. B. to wit, at L. afore-
laid, in the parilh^ &c. aforefaid : by means whereof, and accord-
ing to the faid cuftom, and by the law of merchants, the faid J. M*
(the defendant) became liable, &c. according to the tenor and
eiFe£t of the faid bill, and of the faid indorfement fo maJe thereon
as aforefaid, when he (hould be thereto afterwards requefted ; and
being fo liable, &c. [ A(rumpfit accordingly 3 money had, &c. and
common conclufion.)
{a) This averment had better be am y«2r f»vrirf«t, without ftattng that in.
omitted. For tne reafoos vid. note (tf), quiry was made after him, Cartb. 509,
p.. ^^. 510. \ but it is the fafed W4y to inlert
^ [fi). It is fufficiem to /ay, that drawee it, as the Books fcem to vary.
X a FOR
368 ASSUA^P^IT (iE^ERAL^ON BILLS ot EXCHANGE.
bedanfon. In. FQR that whcrcas the Taid R. B. J. T. and R. S, one Abraham
f«dwfs «*' Shaw, And certain perfons Ufing the ftyle and firm of Townfon and
Drawers hy fr9* Sorftjic, at the (ifveral times hereafter mentioned, were refiding»
curation of a bill &c, to wlt, the faid defendailts arid the fiiid A. S* in parts beyond
of exdunge on. the feas, i. ei at D. and the faid plaintifF and the faid perfons ufing
der the follow. ^^ ftykand firm of, &c. within this kirigdom, to wit, at L. afore-
iUnc« T'tTv ^^^^ "'l ^^^ P*""^ ^' St. Mary-le-Bow, in the ward of Cheap ;
had 4 hoiifb at ^"^ being fo refpedively refident, &c. they the faid defendants, by
t)ominica> and Robert George Bruce their attorney, by them the faid defendants
another in Lon- for thatpurpole lawfully authoris&ed and appointed, on the twenty-
thdratt ^"^^Jfif* day of July, A.D. 1778, in parts beyond the feas, i.e. atD.
D^nk^drew ^tforeiaid, to wit, at London aforefaid, in, &c. afofefaid, made their
the prefent bill Certain bill of exchange in writing, their own proper names being
ontheirhoufein theretoyi/i^r/W {U wiV, by the faid R,G*B, their att9mej\
London, which according to the cuftom of merchants from time immemorial ufed
«^tedwi'^id *"^ approved of within this kingdom, and then and there direded
butpro^^Tfor ^c ^^ ^>^' ^^ ^^^ ^^'^ perfons unng, &c. (to wit, by the ftyle and
both. X>tclira- firm of MefiVs. Townfon and Sorlbie, merchants, London), and
tjon contains by the faid bill required the faid perfoi^s ufing, &c. at ninety days
iw Coontt 5 fight of that their firft bill of exchange, to pay unto the order of the
bni * to*"hav^ ^*'^ ^" ^* ^^'■^^ hundred and feventy-eight pounds three (hillings
t)een/ror^for ftcrling value received, and to charge the fame, with or without
mM-eiatftaace ; further ad^'ice, to the account of the faid defendants, and then and
fecond the like, there delivered the faid bill to the faid A. S. j and the fiyd A. S-
VWf the fubfc- to whofe order the payment, &c. ((hew the indorfement t^ plain*
mw^^mi^, ^^ » of which faid indorfement, fo made on the faid bill as afore-
faid, the faid perfons ufing, &c. upon whom the fame wasdrawn^
afterwards, to u^it, on the fifth day of OAober, in the faid year
T778, to wit, at, &c. had notice ; and the faid bill was then and
(i) Day bill was there, to wit, on (i), &c at, &c. by him the iaid plaiittiff flbewn
preiented and ^d prefented to the faid perfons ufin^, &c. (ftate the prefentment
JIT 4^' te»«^^' of the bill for accepunce, refufal, zndprfftift/or nwi-acatiance^ and
wm-Mceptance. ^^^^ ^^ j^jjj ^^^^^ j^j^^g \y^xi negociated) 5 of which uid feveral
premifes they the faid defendants after wards, to wit, on the day and
year laft aforefaid, at, &c. had notice : by reafon whereof, and
according) &c. defendants became liable, &c. according to the
- . tenor and effeft of the faid bill ; and being fo liable, &c, (Af-
l*roteft for^w"- (""^P^^ accordingly.) And whereas the faid plaintiff, the faid
payment, defendants, and the faid A. S. and the faid perfons ufing, &c. bein^
fo rcfpe6lively refident, iiCt (Go on as in the firft Count till you
have mewn the proteft for non-acceptance, then proceed thus:) —
And the faid plaintifF further faith, that he the (liid plaintiff, after
the expiration of ninety days after the faid bill w^s fo prefented for
acceptance, to wit^ on fixth January 17799 ^t, &c« aforefaid^ duly
caufed the faid bill to be (hewn and prefented unto the {aid perfons
ufing, &c. for payment thereof, and then and there required them
to pay the money therein (pt-cified unto him the faid plaintifi>
according to the tenor of the faid laft m^intioned bill \ but they the .
faid perfons ufing, &c. did not, nor did either of them pay,norhar9
they or either of them at any tinoc hitherto paid) the faid money, or
y
FOREIGN, BY FIRST IN^DORSEE.
any part thereof, to him the laid plaintiff (he the faid plaintiff
not having negociatcd the (aid bill, or indorfed the fame, or ap-
pointed the contents thereof to be paid to any other perfon) ; but
the faid perfons ufing, &c. then and there wholly refufed fo to do j
and thereupon he the faid plaintiff then and there, to wit, on the
day and year laft^forefaid, at, &c. aforefaid, duly caufed the laid bill
to be proteftedfor non-payment thereof ; of all which prcmifes they
the faid defmJants afterwards, to wit, on feventh February, in the
year laft aforefaid, at, &c. aforefaid, had notice : by reafon whereof,
&c. defendants became liable to pay, he. when requefted \ ai)d
being fo liable, &c. (Aflumpfit accordingly i ax}d the ufual
common Counts ; and common conclufion.}
m
I Fear you cannot have the cYidence
•f Mr. Bruc* (the defiendant^s auomey) ,
unleis plaintliT could venture to rekafe
tkitn^ and that you could alfo procure a
releale to Mr. Bruce from Mr. Shaw.
But if he has % letter of attorney to draw
hiUs, and you could produce $hat^ it
njight be evidence. The J^nfw^r (t)ecifie4
in the protcfl for non-payment amounts,
in my opinion, a^moft toa tasit acknow-
ledgement of Mr. Bruce's authority.
You ihould kam what anfwer was givei^
on prefencins the biU fpr acceptance.
J. Motc^v.
THAT whereas heretofore, to wit, on the fevcnteenth day of Morfet^^cif^
Apnl> A. D, I "80, in parts beyond the feas that is to fay, at St. for of a foreijtv
Lucia, in the Weft Indies, to wit, at W. in the faid county of KUof exi^hanac,
Middleiex, a certain perfon, ufing commerce in and under the
liame and dcfcription of J. S. Burne, made his certaiii bill of ex-
change in writing, bearing date the day and year aforefaid^
according to the cuftom of merchants in that refped ufed and
f^pproved of, and then and there diredied the faid bill to the faid
iames Qurne, by the name and defer iption of Mr. James Burne^
^uftom-Houfe, London, and thereby direAed the faid James
^ume, at thirty days fight of that his iirft bill of exchange
(his fecond, |hird, and fourth, of the fame tenor and date, not paid)^
to pay to one John Duffy, in the faid bill mentioned, or order, thq
fum of twenty-iive pounds fterling, without further advice^
find then and there de}ivered the faid bill to the (aid John Duffy i
ijtnd the faid John Duffy, to whom or to whofe order the payment
of the (aid (yj^m of money in the faid bill of exchange fpecified waa
|o be made, afterwards, and before the payment of the faid fum of
pnoney in the faid bill fpefified, or of any part thereof, to wit, on
the day and year aforefaid, at, &c. aforefaid, indorftrd the laid bill^
Recording to (he cuftom of merchants in that particular, and by
that indGrfen^ent appointed the mpi>ey in the faid bill of exchange
fpecified to be paid to the faid .(Vhdrew Mackenzie, and then an4
fiitre delivered the faid bil|fo indorfed (o th^ faid A* M* ; of whicH
faid indorf^m^nt (b made on the (aid bill as aforefaid, the faid Jamea^
^^tirne afterwards^ to wit, on the (irft day q( A^g^^N A* D. 1782J1
at W» aforefaid, had notice ; and the faid bill was then and there
ihewnandprefented to the faid Tames Burne, who then and therein
^t \s to favi oc^ th^ d^y and year laft afor^id]^ ^t^ &c. aforefaid^
X ^ ' IQcordi^g
3»o ASSUMPSIT GENERAL.— On BILLS or EXCHANGE.
(0 Special ac, according to the cuftom of merchants in that particular, ( i) accepted
ceptaoce. ^^^ faidbill^ to pny the fame ^ and the money therein fpecified^ on the
Bull. Ni. Pri. ^'^^^ty-fiftb day of January^ A. D. 17U3 : whereby, and by
Ed. 1730, 170. reafon of which faid fevcraJ prcmifes, and by force of the cuftoni
Str. »i4. and law of merchants, he the faid James Burne became liable to
^ M^i **'' pay to the faid A. M. the fajdfum of money in rhe faid bill fpeci-
Comb°4c»?^* fied, according to the tenor and efFeS of his aforefaid acceptance of
the faid bill, and the faid indorfemcnt fo thereqn made as aforefaid;
and being fo liable, he the faid James B'lrne, in confideration
thereof, afterwards, to wit, on the day and year laft aforefaid, at»
fxc. aforefaid, undertook, and then and there faithfully promifcd
the faid A. M. to pay him the faid fum of moiiey in the faid bill
fpecified, according to the tenor and effeSf of the aforefaid accept^
ance of the (aid bill, and the f^id i'n4or(ement, fo thereon made a|
aforefaid.
I
crT^n^'t B^ LONDON, to wit. If John Garden make you fecurc, &c.
R'^'ofi a\ui of ^^^" putf^y gages and fafe pledges, John Baker, late ot Ramfgate,
exchargcdrawn in the couniy of Kent, efquirc, that he be bef:)re our lord the king,
in fom^tt parts, in fifteen davs from the day of Ea(ler, whercfoever our fdid lord
J"^o''fie ^£ciirffl ^i^g j^jj^g flj^fi ti^g,^ jjg jj^ England, to (hew ; for that whereas, at the
'"'*^! time of the making the bill of exchange hercaficr mentioned, the
faid John Garden and John Balcer> and one Robcj^t Giblbn, and
one Grey Elliott, cfquire, were perfjns refpe^Jlively refiding, trad-
ing, and ufmg commerce, that is to fay, the fdid J. ^, and R. Gl
in parts beyond the feas, to wit, at Bahamas, \i\ New Providence^
in America, and the faid J. G. and Q.K. in this kingdom, to wit^
at London aforefaid, in the pariih of St. Mary-le-Bow, in the
ward of Cheap ; and being fo refpe<ilivcly refidcnt, trading, and
ufing commerce as aforefaid, the faid J. B. heretofore, to wit, oq
the twenty-third day of June in the year'of Our Lord 1 785, in parts
beyond the feas, to wit, at Bahamas, in New Providence aforefaid,
that is to fay,' at London aforefaid, in theparifh and ward aforefai^,
according to the uHige and cuftom of merchants ffom time imme-
morial ufed and approved of, made his certain bill of exchange i^i
writing, his own proper hand being thereunto fubfcribed, bearing
date the fame day aiid year aforefaid, an^ (hen and there directed
the faid bill of exchange to ^he faid G. £. by the name and additioti
of Grey Elliott, cfq, under fecretary of ft^te, Whitehall j by whicji
faid bill of exchange "be the faid J 1^, then and there required th^
i'aid G. E. to pay, three months jiftcr fight thereof, that hfs firft bijl
of exchange fjr two hundred pounds to the faid R. p. by the
name and ^ddi 'on of Captain Kobeit Gibfon, or o^der,' yalue re-
ceived, and then and there delivered the faid bill of exchange to the
iaid R. G, 5 and 'thefaid R. G. to whom or to whofe order the
payme^it pf the faid fum of money, in the faid bill of exchange fpe^
^incd, w^s by the faid bill of excnange to be made, after the mak-
ing of the faid Ijill of exchange, and before the payment of the faid
fum of fyooey in the faid bill of e^ch«i:ige fpecined, or of any pare
'^^ ' ' • • •■ - •** ^- ■ » • .-. '.'•». '' thereof*
FOREIGN, BY FIRST INDORSEE. 311
thereof, to wit, on the fifteenth day of Auguft, in the year aforefai J,
at London aforefaid, in the parifh and ward aforcfaid, indorfed the
faid bill of exchange, according to the faid ufage and cuftom of
merchants ; by which faid indorfement he the faid R. G. then and
there ordered and appointed the faid fum of money, in the faid bill
of exchange fpecified, to be paid to the faid J. G. and then and there
delivered the faid bill of exchange fo indorfed to the faid J. G.
And the faid J. G. in hO, faith, that after the making of the faid
bill of exchange, to wit, on the day and year laft aforefaid, at
London, &c. the faid hill of exchange was (hewn and prefented to
the faid G. £• for his acceptance thereof, according to the faid
ufage and cuftom of merchants, and the faid G. £. then and there
had fight of the faid bill of exchange, and was then and there re-*
quefted to accept the fame, but that the faid G* £• then and there
wholly refufed and negle^ed fo to do ; and although the faid bill
cf exchange was afterwards, and after the expiration of three
months from the day and year laft aforefaid, to wit, on the eigh-
teenth day of November, in the year aforefaid, at L, aforefaid, in
the parifl) and ward aforefaid, (hewn and prefented to the faid
G. L. for payment thereof, according to the faid ufage and cuftom
of merchants ; and although the faid G. £. was then and there
requefted to pay the faid fum of money therein fpecified, vet the
faid G. £. did not, nor would, at the faid time when the faia bill of
exchange was fo fhewn and prefented to him for payment thereof
as aforefaid, or at any time afterwards, pay the faid fum of money
therein fpecified, or any part thereof^ but wholly refufed and neg-
}e(kcd fo to do ; of all which faid feveral preinifes the faid J. S.
afterwards, to wit, on the day and year laft aforefaid, at L. &c«
had notice : by means whereof, and according to the faid ufage,
^c. he the faid J. B. then and there became liable to pay to the
faid J. G. the faid fum of money in the faid bill of exchange
fpecified, when he the faid J. B. fliould be thereto s^fcerwards
requefted -, and being fo liable, &c, (Counts for money laid out,
})ad, and I'eceived J account ftated ^ and common conclufion*)
Drawn by Mr. TxDO,
LONDON, to wit. Solomon Solomons and Judah Philip Declaration Qn«
Solomons, executors of the laft will and tcftament of Philip bill of exchange
Solomons deceafed) cpipplajn of Richard Staveley, being \n th^^^f^'l^ '^^^*
cuftody of the marftial pf the marftialfea of our lord the now king, ^^J^^Tldf /«!
before the king himfejf ; for that whereas the faid Philip Solomons, ^ork^ v, Morf»^
the ieftator,in his lifetime, the ^id Richard, and one John 0*Don-
nell, and one Eliza Pajrkinfon, were, at the feveral times hereafter
mentioned, perfons refiding, trading, ^nd ufing commerce, to wit,
the faid P. S« the teftator, Richard, and Eii^a, at London, in the j
parifl) of St. Mary-le-Bow, in the ward of Cheap, and the faid
John O'Donnell in parts beyond thefeas,to wit, jit Bengal, in the
£aft Indies ^ and being fo refiding, trading, ^pd ufing commerce
fef|)e(ftivelyj (he the faid Eliza, according tp the Cilftom of mer-
3"
ASSUMPSIT GENERAL— Ok BILLS or EXCHANGE,
Indorrement,
chants from time immemorial ufed and approved of, on the firft
dayof January^ In the year of Our Lord i /ySt at London aforefiaid^
in the parilh and ward aforefaid, made her certain bill of exchange
il; writing, her own proper hand being thereto fubfcribed, beating
date the lame day and year aforcfaid, and then and there direded
the iaid bill to the faid John O'Donnell, by the n^me and defcrip*
tionof John O'Donnell, efquire, Fcrokabad or Calcutta, Bengal,
and thereby required^ at fixty day$ tight of that her fecond of
exchange, her iirft and third of the fame tenor and date not being
paid, to pay to the faid Richard, by the name and addition of
Richard Staveley, efquire, or order, in Calcutta, five thoufaxid
current rupees, tor value received, with or without advice^ and
then and tnere delivered the faid bill to the faid Richar<l : and the
iaid Solomon and Judah Philip, executors as aforefaid, aver,
that the faid five thoufand current rupees were and are fanign
money J to wit, money of Bengal, in the Eaft Indies, and were and
are of great value, to wit, of the value of one thoufand pounds of
lawful money of Great Britain ; and the faid Richard, to whomof
|o whofe order the payment of the faid fum of money, mcntione4
!n the faid bill, was to be made, afterwards, and before the payment
thereof, or of any part thereof, to wit, on the ftfane da^ and year
aforefaid, at London aforefaid, in the pariih and ward aforefaid.
indoifed the faid bill, his own proper hand being thereto fuhfcribed ;
and by that indorfement he the faid Richard appointed the coiotents
bf the faid bill to be paid to the faid Philip Solomons in htsr lifetime,
and th^n and there delivered the faid bill, fo indocfed as aforelaid^
to the faid Philip Solomons in his lifetime : and the faid Solomoii
and Judah Philip, executors as aforefaid, in fact fay, that the (aid
Philip Solomons in his life-time, afterwards, to wit, on, &c. at
Bengal aforefaid, to wit, at London aforefaid^ in the pariih and
ward aforefaid, fliewed and prefcntcd the faid bill to the (aid John
for his acceptance thereof, according to the faid cuftom, and then
and there required hiiu to acctrpt the fame ; but th^t the faid John,
when the faid bill, was fo prefented to him by tne f^id Philip in his
lifetime for fuch purpofe, dtd not accept the f aid Lilly but (ben and
tkere wholly refujed then or ever to accept the fame, or pay to the
faid Philip ui his lifetime the laid fum of money mentioned therein,
or any part thereof : and the faid Solomon and Judah l^jiilip, exe*
cutors as aforefaid, further f<iy, that ihe faid Eliza hath hot paid the
faid fum of money mentioned in the faid bill, or any part diereof,
to the (aid Philip in his lifetime, or to the faid Solomon ahd Judah,
executors as aforefaid, fmce the d^ath of the faid Philip, or to eithef
of them, but to p2Ly t<<e fame, pr any part thereof, to the laid Philig
in his lifetime, or to the faid Solomon and Judah, exeCut^rs ak
aforefaid; or to either of thbm iince the death of the faid Philip^
file .the faid £llz.a hath hitherto wholly refufed, and ftill re-^
""- fufes i of all which faid promifes the faid Richard afterwards, end
(0 Buir. :'<^:«> with all (onvenient fpeedr to %7>, on^ ^c^ (it^ i^e. had (l) notice :
J. \. K 721. jj xeafon whiereof, and by force of the faid cuilom and law of mer-
nants^ th^*fai4 Kichar^ bccane liable to pay to the bid Philip,
ccpc.
to ac
CU
\1
FOREIGN, BY FIRST INDORSEE, jij
IP his lifetitne, the faid fum of money mentioned in the r*id bill \
jiiid the faid Richard being To liable, in confideration thereof,
afterward^, to wit, on, ice. at, &c« in, 5cc. undertook, and then and
there faithfully promifed the iaid Philip, in his lifetime, to
pay him the faid fum of money mentioned in the faid blll^
when he (hould be thereto afterwaw requefled* And whereas, at ^oood C9xiif\
the fevetal times hereafter mentioned, the f^id Philip in his life;ime|
John, Richard, and Eliza, fo being re|^e£lively refiding, tradingf
^nd uflng commerpe as aforefaid, (he the faid Eliza, according tQ
the faid cuftom of merchants, afterwards, to wit, on, 4ic. at, &c,
in, &c. made her certain other bill of exchange in writing, her own
proper hand being thereto fubfcribed, bearing date, &c. &c.
f Finifli this Count iame as the firft, only, infteadof *^ five thoufand
f' rupees," fay ^' ten thoufand,'* of the value of two thoufand
pounds. Add the common money Counts. ) Yet the faid Richard, Cgndofici^
pot regarding, ^c. but contriving, ice. the (aid Philip in his life^
time, and the faid 8olomon and Judah, executors as aforefaid, finc^
the death of the faid Philip, in this refpe<^, hath not yet paid th^
iaid feveral fums of money, or any part thereof, either in foreign
money^ or in lawful money of Great Britain, at Calcutta aforefaid,
pr etfewhere, to the faid Philip in his lifetime, or to the faid
Solomon and Judah, executors as aforefaid, fince the death of the
(aid Philip, or tp either of (hem, although fo to do the faid Richar<^
Was requefted by the faid Philip in his lifetime, and often afterwards,
and by the faid Solomon auifi Judah, executors as aforefaid, lince the
death of the faid Philip, to wit, on, &c. at, ice, but he top<iy the
£ime, or any part thereof^ to them, or any or either of them, hath
hitherto wholly refufed, and ftill refiifes, to pay the Qime, or any
part thereof, to the (aid Solomon ai^ Judah, or to either of them,
%o the damage of the laid k)oloipon and Judah, avextcutors as afore-
jkid, of thre^ thoufand pounds | and therefore they bring their fuit,
fic: with this, that ihe faid Solomon an4 Judah will verify, that Averment that
the firft and third bills of exchange, of the fame tenor and date of firft and thir^
ihe faid bills of exch;inge in this declaration mentioned, are not, ^ "®^ f?"*'
iior is either of them,' paid ; and the^faid Solomon and Judah brmg teS^^JitaJ^*^*
here into court the letters teftamentary of the faid Philip the tef-
iator in his lifetime, which fufficiently prove to the Court here,
that they' a^e e^^ecutors of that will, and have the adminiftrationi
thereof^ -' ' ^ * /' J, Morgan*
And the p^id Richard, b;^ A« B. his attorney, comes and defends Penmnvrto ^
^e wrong aricl injury, when, &c. ; an'd as to the faid promifes and -f^-^ *** ^•^" ^
lindcirtakings in the faid firft and fecond Counts of the faid declara- ^S2i,^ic^„tt''
fion mentioned, fays, that the faid Solomon and Judah (*a^{o non) ; xb^^ dtfendan^
l^caufe hefays«'that the faid firft and fecond Courits of the faid did not under*
declaration, and the matter^ therein cohtained, ^re noft fufficient in ^^^9 '^
|aw for the fajd 'Solomon and Judah to 'haye thciir faid aAion thereof
(naintained agaiiifi (iim the &id Richard ; to which'faid firfl and
(econd Counts of the faid declaration, in the manner the fame are
4bovf ifiad^) the f^id Richard is not under any neceffity, nor
• • » . ' \ ^Wiged
814 ASSUMPSIT GENERAL.— Ok BILLS or EXCHANGE
t
•
obliged by the law of the land, to ^nfwer 5 and this he is ready to
verify : wherefore, for want of a fufficient declaration in this be-
half, he prays ju figment, and that the faid Solomon and Judah may
be barred from having or maintaining their aforefaid adjon thereof
againft him, &c. : and as to the faia prom ifes and undertakings in
the faid third> fourth, fifth, and laft Counts of the (kid dec}a.r^tion
mentioned, the faid Richard fays, that he (}id not undertake §n<|
promife in manner and form as the faid Solomon and Judah have
kbove thereof complained againft him ; and of this he puts hiniielf
upon the country, ice, \ and phe (kid Solomqn and Judah do the
like, &c. ?• Bower,
/oin4€r in dc* ^nd the fdid Solomon ^nd Judah fay, that by reafon of anything
^^"^f* shove alledged by the faid Richard as to the firft and fecond Counts
of the faid declaration, they the faid Solomon and Judah ought not
to be barred from having and maintaining their faid aAion thereof
againft the faid Richard ; becaufe they the f^id Solomon and Judah
iay, that the faid firfl and fecond Counts of the faid declaration, and
the matters therein contained, are good and fufficient in law for
them the faid Solomon and Judali to have and maintain their faid
action againft tl)e faid Richard } whjcl) faid firft and fecond Counts
of the (aid' declaration mentioned, and the matters therein con-
tained) thtry phe faid Solomon and Jifd^h are ready to verify an<J
prove, as fhe Court (hall award : and becaufe the faid Richar<|
hath not ^nfwered the firft and fecond Counts of the faid declara-
tion, nor hifherto in any manner denied the f-ime, they the faid
Solomon and Judah pray judgment, and their damages bv reafon of
the premifes, to be adjudged to them, &c. J. MQaCAN',
Judgment vjras given for the plaintlflTc.
Dec! ^ration on a FOR that whercas there now is, and from time whereof the
orcign bi o jj^gj,^Q,.y ^f ,1,3 „ jj. ^q( (^ (^e contrary there hath been, a certain
exchange by. /«- ••^iij.i a r ^ a' jr n *
Jor//,i againft an ^'ic lent and laudable cultom ufed and approved of amongft mer-
-*r-^forwhoac- chants and other perfons refiding, trading, and ufmg commerce
ccpied for the vvjthin this kingdom, an4 merchants and other perfons refiding,
Unour of '^trading, and ufing commerce in parts beyond the fea^ namely^'
chanu'' abroad" ^^^' ^ ^"X qiercnant or other' pei fjn refiding, trading and ufing
to prevent the Commerce in parts beyond the feas,' (hall at any time have m^e
biUbcingretunrf. ^ny bill or bills of e^fch^nge in writing, fubfcribed with his owa
t(iformn-ac€ip~ hjind, and ft^ll have direftedfuch bill or bil:s of exchange to anjr
vh'hadreTufcd"^^'^^'^^"' ^^ ^^^^^ pcrfon refiding, trading s^nd ufing commerce
to accept, r>^a/- ^^ ^Ws kingdom, and by (uch bi\\ or bills iha^i h^ve required fuch
iig tbt cuftvH,) merchant or other perfon to whom fuch bill or b{ills(haU have been
ScethRaaftpre- fo diredi^d, tp pay ^ny other merchant ox o.^her person refiding,
^t^*T^* '^^^j"^ trading, and ufing commerce in part? b^yQnd the feais, or to the
f ? icuftom C«) Qfder of fuch merchant or other perfon, a^ny fum or fums of money
mentioned in fuch bill or bills, at any time or times by fiich bill
{a) The cuftom 9f Qierghanu U l^erc (laicd roerel)^ to ^ew >vha^ it il^ modern
preccdcr^ts wiU lu
FOREIGN, HY FIRST INDORSEE, |ij
pr bills ^appointed for the payment thereof; and if any fuch mer-*
jphant or other pcrfon to whom, or to whoft; order, any fuch fum
or Turns of money (hall have been by fuch bill or bills made paya*
ble, before the payment of any fuch fum or Turns of money men*
tioned in fuch bill or hills, or any part thereof, and before the
time appointed by fuch bill or bills for the payment thereof, fhall
have indorfed ixr\y fuch bill or bills, his own proper hand-writing indorfemem,
being thereto fubfcribed, and by fuch indorfement (hall have ap-
pointed the contents of fuch bill or bills to be paid to any other
merchant or other perfon' refidlng, trading, and ufmg commerce
within this kingdom, and (hall have delivered fuch bill or bills, fo
indorfed, to fuch merchant or other perfon to whom fuch bill or
bills (hall have been fo indorfed ; and if fuch merchant or other
perfon to whom fjch bill or bjlls (hall have been To indorfed (hall
have prefmted fuch bill or bills to ftich merchant or other perfon Prefcntmcnt
to whom Tuch bill or bills (hall have been To dire£led, for acceptance
thereof, and (hall have required fuch merchant or other perfon to
whom fuch bill or bills (hall haye been fodire&ed, to ncapt fuch
bill or bills, and fuch merchant or other perfbn to whom fuch bill ^^P**"*^-
or hills (hail have been fo direded (hall have refujed to accept Tuch i^cfirfal to «c«
bill or bills, and Tuch merchant or other perion to whom Tuch cepc.
bill or bills (hall haye bpen To indorTed iha!l have cauTed Tuch bill
cr bills to be duly protefiedfor want of acceptance thereof: and if Projeft forwam
fuch merchant or other perfon to whom fuch bill or bills (hall havp ^^ accc^itancc.
been To indorfed (hall afterwards, when ftich bill or bills (hall
have become payable, have prefented fuch bill or bills to fuch mer-
(rhant or other perfon to whom fuch bill or bills (half have been fo
dire<f)ed for payment thereof, and (hall have required fuch mer-
chant or other perfon to whom fuch bill or bills (hall have been fo
ilireded, to pay fuch fum or fums of money in fqch bill or bills
rncntioncd ; and if fuch merchant or other perfon to whom fuch
bill or bills {hall have been (b djrefted (hj^ll upon fuch prefentment prcfcntmeot far
of fuch bill or bills for payment thereof, have refufed to pay fuch payment,
jfum or fums of money in fuch bill or bills mentioned, and there- '
iipon fuch iperchant or other pcifon to whom fuch bill or bills
Ihall have been fo indorfed (hall hayecsiuTv-d fuch bill or bills to be
frotefled for the non -payment tHprcof; and if any other merchant or
other perform Vefiding in this kingdom,' to prryent fuch bill or bills '*™**'* P>rnoi^.
being fent back or returned to the drawer thereof, (hall, after fuch "* '
J'econd protejl thereof^ have accepted fuch bill or bills in writing,
^nd (hall have fublcribed fuch acceptance on the faid bill or bills i^T^S^^i^
With his owii hand ; that then fuch merchant or other perfon who of drawer, after
fhall have fo accepted fuch bill or bills, for all the tinte aforefaid, ^ proteft,
ivhcreof the memory of man is not to the contrary, hath been, and
ftill is*, (2) liable topay to the holder or holders of fuch bill or bills Such acceptor
fuch fum or fums of money mentioned in fuch bill 01; bills, accord- Uabte» irc
ing to the tenor and eflPed of fucti bill or bitls, and of fuch acceptance
thereof: and the faid W. C. furthei* fays, that at t|ie feyeral' tiriie^
hereafter mentioned,' pnl* VV, D. and one W. P. were merchants buIofcxchjmtT
(1) Ann. 74. Str. lijoo. Baverftqck v. Titter, B. R. (2) Sittings inM. T.a4. Oco. III. Sir. Sx;.
*. WUC 9. Burr. 1672. i.T. R,'i85. Lutw. 899, Lord Ray m, 364. xz. Mod. an. Salk.xa7,
Lofd Raym* 574. xz. Mod. ^10. Salk. 12^. ■ ' •
|i6
jhit|litnie|)^>
Prefente*! fof
IKceptance.
|telufal to ftc-
Pioteilrd hr
^n- acceptance
Iprtf^ted for
]^roteftc(! for
Avn- payment.
ASSUMPSIT GENERAU^On BILLS of EXCHANGE^
or other peribns reiiding^ trading, and uflng commerce In parts
beyond the feas, to wit, at New York in North Amertcsi } and th«
faid W. C. and R. B. and oneT. H. were at thofe feveral times
merchants or other perfons reiiding> trading, 4nd ufil^g cpmmcrce
within this kingdom, to wit, at, &c. in, &c. \ and bei()g fo re*
fpeftively refiding, trading, and ufing conimerce as aforeiaid, At
faid W. D. on, occ. according to the &id cuftom, in parts l>6*
yond the feas, to wit, at, &c« made bis certain bill of exchange
in writing, his own proper hand being thereunto fubfcribcd, aii^
then and there directed the faid bill ofexchange to the faid T. ti.
by the name of, &c. and by the faid bill required the laid T. H«
at thirty days after fight of that his fecond bill of exchange^ fir(V
and third of the fame tenor and date not paid, to pay to the faid
W. P. called in the faid bill by the name of, &c« or ordery the
fum of thirty pounds fteriing, advanced for^ tbi Jbip Advinture^
with or without advice from the faid W. \>. ; and the faid W, ?•
to whom, or whofe order, (he payment of the. faid fum of monej
mentioned in the faid bill, was by the faid bill to be paid, atter-*
wards, a^nd before the payment of the faid fum of money men-
tioned in the faid bill, or any part thereof, and ^ifo before the time
appointed by the faid bill for the payment thereof^ to wit, on, &c«
in Darts beyond the feas, tp wit, at, ^c. according to the laid
cuftopi, by the name of W, P. indorfe^ (he taid bill, his own
proper band being thereunto fubfcribed, and by the (aid indorfe**
ment appointed the contents of the faid bil) to he paid to the laid
W« C, and afterwardfs to wit, on^ &c. at^ &9. delivered the (aid
bill, fo indorfedi to the faid W. C ; and which ^id bill of ex-
change be the faid W. C. afterwards, to wit, on, &p. at, &c
according to the faid cuftom, (hewed and prcftnttd tq the faid
T. H.for acceptance tberetf\ and then and there, according to the
laid cuftom, required the faid T. H. to accept the laid b>il, ac-.
cording to the fatid cuftom^ but the faid T. H. did not, nor \M>uld^
upon fuch llghi thereof, accept the fame, but then and there
wholly refufed to accept the fame ; and thereupon the (kid W. C*,
afterwards^ to wit, on, &c. at, ^c. dulj( cauied the (aid bill ta
be dufy proiefiedfor the non-acceptance thereof ; and the (kid W, C*
afterwards, to wit, on, &c. being the day oh which the laid h\\\
)}ecame due and payable^ according to thie ^id cuhpm, at, &c.
in, &c. ^r^/rf^^ and. (hewed the fai J bill to tbefai^T. U« for
payment thereof, and then and there required the faid 1\ H. to pav
the fame to him the (aid W« C. according to the tenor and efte4^
of the faid bill> but that the bixA T. H- did not, nor would then
pay the fame, but then and tHere wholly refufed to pay the )(ame ;
whereupon the faid W. ^. according to the i^id cultom^ sdtcr-
wards, to wit, oh, &c. at, ^c. duly caufed the (aid biU to be
duly proteftedjor the non-payment thereof j' of all which premifes
the iaid R. o, afterwards^' to wit, on, &c. at, &c. had notice i
and thereupon the faid R. b. afterwards, to wit, on, &c. at,^ &c«
in order to prevent the /aid bill from being lent back and returned
under the faid piQ^cft thereof to the faid
ig Cent i
an,d after the (ki(^
UUuQC
FOREIGN, «Y FlRSf iWDOi^E^; tU
two protefts thereof, fo made as aforefaid) accepted the {aid bill in Acceptanee af.
writing, and fubfcribed the fald acceptance on the faid bill with «^rtwoprote(ls,
liis own hand, according to the faid cuftom : and bv reafon of the ?*. ^'!^ljj?
premifes, and according to the faid cuftom9 the iaid R. B, be* "* ^'^
came liable to pay to the faid W. C. who then was, and ftill is,
the header of the faid bill, the faid fum of money mentioned in th<
faid bill, according to the tenor and effcQ, of the faid acceptance
thereof; and bciiig fo liable, he the faid R. B. in confideration
thereof, afterwards, to wit, on, &c. at, &c. undertook, and
then and there faithfully promifed the faid W, C« to pay him the
faid fum of money mentioned in the faid bill, according to the
tenor and cR'eSt of his faid acceptance thereof as aforefaid : and the
faid W. C. further fays, that the faid firft and third bills men- ^rft ^rfct^
tioned in the faid fecond bill c»f exchange, lo accepted as aforefaid, pit Mid and
are not yet paid, nor is either of them yet paid i and the faid bill, that bai' hath
fo accepted by the (aid R. B. bath not ytt hunjent hack or re- »<>( ^*m fcat
turned to the faid W. D. \ of all which premifcs the faid R. B. *•***
afterwards, to wit, on, &c« at<» &c. had notice: Yet the faid
H. B. not regarding the (aid cuflom, nor his promife and under-
taking aforeUid, but contriving, &c. hath not yet paid to the
faid W. C the faid fum of thirty pounds or any part thereof, ac-
cording to his faid acceptance thereof, (although, &c.) but he,
&c. and the faid fum of thirty pounds mentioned in the faid bill fo
accepted as aforefaid, is ilill wholly unpaid to the (aid W. C. to
wit, at^ &c.
LONDON, {f. If Jacob Gottfield Heppius make you fecure, Tradpt of Dt-
&c. then put,&c. John Amberg. late of Hull, in the county of York, damtion by oii*
merchant, that he be before our lord the king, in fifteen days, &c, 5'"^ ^ *.
of Eafter, wherefoever, &c. tofhewj for that whereas, at the ^^J^j^^J^^
feveral times hereafter mentioned, the faid Jacob Gottfield Hep- f/r/j indJid ▼.
?ius and certain perfons ufing the name, Ayle, and firm of Samuel Accep%r^ a4
^alleyand Sons, and the faid John Amberg and one Nul Am-no^p^u^
berg were perfons refpeftively refiding, trading, and ufing com-
merce, to wit, the faid plaintin and perfons ufing the name, flyle,
and firm of S. V. and Sons, in this kingdom, to wit, at London,
in the parifh of St. Marv Ic Bow, in the ward of Cheap, and the
faid defendant, at Hull aforefaid, and the faid Nul Amberg^
in parts beyond the feas, to wit, at Gefie \ and being fo refpec*
tivcly j-efiding, trading, and ufing commerce, the faid N. A;
heretofore, to wit, on the fourth day of February, in the year of
Our Lord 1788, in parts beyond the feas, to%vit, at Geflc afore-
faid, made his certain bill of exchange in writing, fubfcribed with
his hand<»writing, bearing date the fame day and year aforefiLid,
according to the cuflom of merchants ufed and approved of withii^
this kingdom from time immemorial, dire^d to the faid dcfen*^
4u^ by the name and defcription of, &c. and by the faid bill re^*
qucilc4
3i8 ASSUJa^Str G£N£kAL-i^K BILLS oi tidUkfUG^.
Scfted the faid defendai^t^ at ninety days after date, to pay, iif
ndon, /or that his firft bill of exchange (fecond not paid) to the
order of the faid perfons fo ufing the name, ftyl^j and firm of S. Vi
and Sons, by the name of MeSrs. Samuel Valley and Sons, three
liundred pounds Knglifh fterling, value reccftved, and then and there
delivered the faid bill to the faid perfons fo ufing the name, flyie,'
and firm of 8. V. and Sons ; w^hich faid bill of exchange the (aid
defendant afterwards, and before the time appointed by the faid
bill for payment thereof, to wit, on the twentieth day of the
faid month, of February) at London aforefaid, in the parifh and
Ward aforefaid, upon fight therebf accepted, according to the faid
cuftom, to be paid at Meffrs. Robert and Thomas Harrifon*s^
bankers, London. And the faid perfons fo ufing the name, ftyle^
and firm of S. V. and Sons, to whofe order the laid fum of money
in the faid bill mentioned was to be paid, after the making of the
faid bill, and before the payment of the faid fum of money therein
mentioned, or of any part thereof, and alfo before the time ap«
pointed by the faid bill for th^ payment of the money therein men*
tioned, that is to fay, on the day and year lad aforefaid, at Lon-
don aforefaid, in the parifli and ward aforefaid, indorfed the faid
bill according to the faid cuftom, and by that indorfement ap«
pointed the contents of the faid bill to be paid to the faid plaintiflv
and then and there delivered the faid bill . fo indorfed to the faid
plaintiffs of which faid indorfement he the faid defendant afterwards^
to wit, on .the fame day and year lad aforefaid, at Lornion afore-
faid, in the parifh and ward aforefaid, had notice : by reafon of
which faid premifes, and according to the faid cuftom, and by
the law of merchants, he the faid defendant became liable to pay
to the faid plaintiff the faid fum of money mentioned in the faid
bill, according to the tenor and effed of the faid bill, and his faid
acceptance thereof, and the faid indorfement fo made thereon as
aforefaid ; and being fo liable, he the faid John, in confideration there-
of, afterwards, to wit, on the day and year laft aforefaid, at Lon-
don aforefaid) in the parifh and ward aforefaid, undertook, and
faithfully promifed the faid plaintiff to pay him the faid fum of mo-
ney in the faid bill mentioned, according to the tenor and effedt of
the faid bill, and his faid acceptance thereof, and the faid indorfe-
ment fo made thereon as aforefaid. (2d Count, money had and
received the feventh of May 1788. 3d Count, money laid out.
4th Count, monev lent and advanced. 5th Count, account
ftated.} And the laid plaintiff in fad further fays, that although
the bid fecond bill of exchange, alluded to and mentioned in £e
faid bill of exchange herein before mentioned, hath not been as
yet been paid or fatisfied ; yet, &c. (fhewing the requeft as
well at R. and J. Harrifon*s, bankers, London, as elfewherc at
London, the feventh of May, the day the bill became payable.— «
Common conclufion.j
By
FOREIGN, BY SECOND INDORSEE!* Ji^
By second indorsee.
t
t'OR that whereas one M. C. heretofore, to wit, on> &c. in Second I/iJotfeer,
J>arts beyond the Teas, to wit, at A. in F. that is to fay> at W. ^^'c»ndliulcrjer(a)
in the county of Middlcfex, according to the cuftom of, &c. lfi*u**^;i^''
1 J J -^ V- 1.-11 i- iT • • L Comb. 3*. Skin.
made and drew his certain bill ox exchange m writing, in the j^^^ ^^^^ .^^^
French language, bearing? date, &c. upon one C. H. and one 411. 3..Mod.S7.
E. H. and by the faid bill then and there required them the Ciid " Mod.36.Ld,
C. and E. at two ufahces, to pay that firft bill of exchange to the ^*y"V?^*»'*^'
order of one G. A. in the faid bill named, fifty pounds fterling ^^J* 131. "3'
value received, which (hould be paffed without the advice of him saJk. 68. St/,
thefaid M. C. and then and there delivered the faid bill to the 442, 479. 1.
faid G. A. which faid bill of exchange they the faid C. and E. A*^- *^*- *•
afterwards and before the payment of tne faid fam therein fpecified, Aik. 18a. Burr,
Or of any part thereof, to wit, on, &c. at, &c. accepted, ac- £> ' gjV
cording to the cuOom of, &c. in that particular : and the faid
G. A. to whofe order the payment of the faid fum of money in
the faid bill fpecified was to be made, afcerwards, and before the
payment of the faid fum of money in the faid bill mentioned, or
of any part thereof, to wit, on, &c. at, &c. (*) indorfed the (♦) DJITciTnt
(aid bill according to the aforefaid cuflonr, and by that indorjement kinds of indorfe.
appointed the faid fum of money in the faid bill mentioned to be mem. Holt, 117*
paid to the faid defendants, and then and there delivered the faid »**' ^'*^" w!^'
bill fo irtd^rfed to them the f-id defendants j and the faid defendants, ^ '^* "" « .,,'
to whom or to whole order the payment of the faid fum of money ,i6. ,30, 12S.
in the faid bill mentioned was by virtue of the faid indorjement fo Ld. Raym. 44.
made thereon as aforefaid, to be made afterwards, and before the l^o«g. 6111617-
payment of the faid fun» of money therein mentioned, or of any ^ *^^* *99'
part thereof, to wit, on, &c. at, &c. indorfed the faid bill of ex- |^„' 5,^' jy^
change, and by that indorfement appointed the faid I'um of money 295. Burr. 12 16.
in the faid bill fpecified to be paid to the faid plaintiiv, and then and Str. 557. Bun.
there delivered the faid bill, fo indorfed as aforefaid, to the faid ^*- **"• ^**'
plaintift': and the faid plaintiff avers, that the faid two ( i) ufances ]^^°J^j^* ^^J'
in the faid bill mentioned, and thereby appointed for the payment Ld.Raym. 360!
thereof, were meant and intended to be, and in fact were and are, Carth. 466. 3.
two calendar months from the date of the faid bill, and that after- Saik.70. » Wiif.
wards, to wit, on, &c. [when the faid bill became and was due *^^l^^ug. 630.
and payable] at W, aforefaid, the faid bill was in due manner \^y^ ,^5 ^g'
prefented to the faid E. and C. for payment of the money therein Burr. 452,1516.
mentioned, and the faid E. and C. were then and there required Doug. 611.
to pay the fame to him the faiJ plaintiff, according to the tenor Tatkck & aL
and effea of the faid bill, and the aforefaid acceptaiice and indo^je- ^^"^-^Xt^^^t.
ment thereof i but that the laid E. and G. did not, nor did either of 1^4. 9. Mod.44.
them, when the faid bill was (o Ihewn and prefented to them as Carthew, 5. 2.
aforefaid, or at any other time whatfoever, pay the faid fum of Vciu.so;. Skm.
money therein mentioned, or any part thereof, to him the faid *^*'J?!?"^' ^^^'
3« will. Ca 2 a
Wilf. 3. 10. Mod. 246. Str. 516. 3. W;lf. x. a. Str. 126a a. Barnes, 137. 1. T. Kep. 489.
Doug. 496.
41) balk. 131. 3. Kcb. 645.
plaintiff.
3^ ASSUMPSIT GENilRAL.— BILLS of EXCHANGti
t
{%) Ld. kaym^ plaintiff, but, on the contrary thereof, then and there wholly re«
^3. 6. Mod.80. fyfgj ('^J to do, and therein wholly foiled and made default ; wherc-
^alk:i3i.3.Saik. upon he the faid plalntiflFcaufed the faid bill to be (a) protcftcd
69. Salomons V. -'^-. '^ ,-. ,. , A r
Suviey, B. R. *^^ uich-non payment thereof, accordmg to the cuitom of mer-
t4. 14. G. HI. chants in that particular, to wit, at> &c. whereof and of which
9. Se 10. w. 3. f^iid f^-veral promiies the faid defendants afterwards, to wit, on,
** *^' V R "^* ^^ ^^' ^^ '^ notice: by rcafon whcrccf, and of the faid fc-
?6c Douc 6<o] ^^^^ other premifes, and by force of the cuftom and the law of
a. T. Rep. 71^. merchants, they the faid defendants became liable to pay to thd
3. ic4. Ann. c. faid plaintiffs the faid fum of money in the faid bill mentioned,
9* ^- 4* Do«S* when they {hould be the reto afterwards requeued ; and being (o
497. Str. 117. \i^[^]^ 5-^^ [promife of payment (ipon requeft.] Jrul whereas
td Count Aares the faid plaintiff afterwards, to wit, on, &c. at, &c. was law-
plaintiff to be fyijy poffefled of a certain draft or order for the payment of
Smker » dicck oi^^^y* commonly called a banker's check, or draft upon a
fifcn in pay- banker^ bearing date, &c. and then and there drawn by the iaid
mtnt of a bill defendants upon certain bankers carrying on bufmefs by and under
•r exchange by the ftyle or firm of, &c. and requiring them to pay to the faid
*^hMh*"^** d P**'"^*ff ^r Ix^-ii'er the fum of fifty pounds i and which faid draft
tvcrtd ^ver to ^^ ovdtt had been and was then and there drawn and given by thcf
ihcmibrinfpcc. ^^ defendants to the £iid plaintifb upon a good and bona fide
tkko by plaintiff confideration, to wit, in payment of a certain bill of exchangef
at their req«eft| before then drawn by one M. C, upon the faid E. and C. in fa*-
ilToyedTf • % ^^^^ ^' *^ ^^ ^* ^* ^^^ ^y '*''" indorfed to the Aid defendants,
MM^ and' £0 ^^^ ^7 ^^"^ indorfcdovcr to the iaid* plaintiff { and thereon after-
by means oC the wards, and before the payment of the iaid draft or order to the
drawees of fuch (kid plaintiff, to wit, on, &c. It, &c. in confideration that the
^'^ ^^^ ^' faid plaintiflF, at the fpecial inftance and requelt of the faid de-
pUimiff hat^no f*c<i<I^^^» would deliver to them the faid defendants the faid draft
other rerrcdy or order for the purpofe ot infpefiion thereof, they the faid defirn-
againft defend, dants undertook, &c. the faid plaintiff, to return the faid draft
or order to hi a the faid plaintiff immediately after fuch infpe£lion
thereof: and the faid plaintiff in fad faith, that although be the
faid plaintiff, confiding in the faid promife and undertaking of the
iaid defendants, did upon the making thereof, to wit, on, &c. at,
&c. deliver to the (aid defendants the afbreCiid draft or order
for the purpofe of fuch infpeAion thereof as afore(aid ; and although
fuch infpcdiion thereof was then and there had and made ; yet the
faid defendants, not regarding the h\i promife and undertaking fo
by them made in this behalf as aforcfaid, did not immediately after
fuch infpection of the faid draft or order as aforefaid, or at any
other time whatfoever, (although requeftcd) return the fame to
the faid plaintiff, but omitted and negle<Eled fo to doj and on the
contrary thereof, afterwards, to wit, on, &c. at, &c. wrongfully^
and without the leave or licence, and againft d)e will of the (aid
plaintiff, tore to pieces and deftroyed the faid draft or order;
whereby he the (aid plaintiff then and there, and always from
thence hitherto^ was and bath been hindered and prevented from
obtaining pyment of the (aid draft or order, and of the money
thereia
FbfeEfGN, BT THIRD INDORSEE. ^a*
therein mentioned, arid of the faid bill of exchange for wbiclh thd
iaiqe. was fo given as aforefaid ; by reafon WhereSf, and that the
laid E. JCnd C.,on whom fuch bill was drawn, are fince.bccona«
infolvent, the faid fum of money in the faid bill mentioned became
and was arid is altogether irrecoverably and wholly loft to hiirt
the faid plaintifF Othet thad ag^inft the faid defendant^ to wit^ «
at, &6.
Sy third INDORSEti.
*
LONDON,/. A. L. R. H. and J. M. eiecuiori d tfife pedateimi
laft will and teftameht of P. L. deceafed, complain of J. P. be- ^?!f*^' **5 . .
ing, &c. for that whereas, in the lifetime of the faid P. L. &c- ^^TXt'
&c« [ftate the bill, delivery to the payee, indorfement, aiccord- protedu tor mn^
iBg to the cuftom of metchailts, to J. K. and by him to A« L« a€ke^Met{i)mJ
one of the plaintiffs, and by him to the order of the plaintiffs' tef- ^ton-pajmait <A
tator, and delivery to him ;e, notice of fuch indorfemfents to the ^^anT^firiV
drawee.] And the faid plaintifR, executors as aforefaid, aver^ tWH.imdfoartH
that the iaid bill was afterwards, in the lifetime of the faid P. L. of the lame te.
and before the payment of the faid fum of money therein men- nor and dM
tioned, or of any part thereof, to wit, on, &c. at, &c, (hewn «np«id, drawn
and prefented to the faid J. C. for his acceptance thereof, and he jJoS^AmCTk^
the (aid J. C. was then and there requefted to accept the (ame ; ^^ i c.
and the faid J. C. did not nor would then and there accept the efcjuire, KU-
laid bill ; and thereupon the faid bill was afterwards, to wit< on, boyne, county ol
ic. at, &c. proujied for non-acceptance^ according to the faid JJ"^^''^*^!!^
cuftom. And the faid plaintiffs, executors aforefaid, further fay, \^^ ^ *^
that at the end and expiration of the time appointed for the pay-
ment of the faid billf to wit, on the twelfth day of June in the
year laft aforefaid, at, &c. aforefaid, the faid bill was again (hewii
and prefented to the (aid J. C* for payment of the money therein
mentioned, and the faid J. C. was then and there requefted to
pay the faid fum of money, in the faid bill mentioned, to the &id
F. L. according to the tenor of the faid bill, and the faid feveral
indorfements fo made thereon as aforefaid ; but the faid J. C. did; x
Dot then and there, nor at any other time, pay the (aid fum of
money in the faid bill mentioned, or any part thereof, to the (aid
^. L. but then and there negleifted and refufed fo to do^
and therein wholly failed and made default: and thereupon th4
£iid Pi L. afterwards in his lifetime, to wit, on, &c. at, &c^
€au(ed the faid bill to be duly protclled for non-payment thereof)
of all which faid feveral premifes the faid defendant afterwards^ to
wit, on, &c. at, &c. had notice : by reafon whereof, and ac-
cording to the (aid cuftom and by the law of merchants, he thtf
(aid defendant became liable to pay to the faid P. L. [on requeft \
and being fo liable, &c. promifed, &c.] And the laid plaintiffs
aver, that the faid bill of exchange hath not been indor(ed 5ver or
noeociated either by the faid P. L. in bis lifetime^ or by the faid
Vol. I. Y plaintiffs
>flL ASSUMPSIT OEN£kAL.~ON BILLS or EXCftA^fGTE*
(riaintifFs fitice his death ; nor have the faid firft, third, and fourth
bills therein mentioned) or either of thenf , 'been paid or fatisfied*
si Count ftatei And whferc^s, &c. [faiie as the firft, till you have dated al! tKc
^^wd **and '"^^'^^*^^"*5 at this X mark above, then goon thus:] And the
prouft in mn- f*><l p'»intifFs, executors as aforefaid, aver, that after the makina^
fcqaence. of the (aid (everal indorfements fo made on the faid laft-mentionea'
bill as aforefaid, and in the lifetime of the f^id P. L. to wit, on
the faid ninth day of May in the year 1783, to wit, at, &c. afore-
faid, due and diligent inquiry was made after the faid J. C. on
whom the faid laft-mentioned bill was fo drawn as lad aforefaM,
with the intent to (hew and prefent the (aid laft-mentioned bill to
him for his acceptance thereof, and to requeft him to pay the fame;,
and at the end and expiration of thirty one days from fuch in-
quiry, further inquiry was made after the faid J. C with intent
to. (hew and prefent the faid laft-mentioned bill to him for pay-
ment, acc6rding to the tenor and effedl of the faid lad- mentioned
bill, and the faid feveral indorfements fo made thereon as afbit-
(aid : but the faid plaintiffs in faft further fay, that the (kid J. C.
was not upon fuch inquiries^ or at any other ttme^ found or to be
found by the faid P. L. ; nor did he pay the faid fum of money
in the faid lad-mentioned bill fpecified, or any part thereof, to the
faid P. L. : whereupon the faid P. L. afterwards, in his Itfetime^
' in due manner, and according to the (kid cudom of merchants,
caufed the faid lad-mentioned bill to be proteded, to wit, at, &c.
atbrefaid; whereof, and of all which faid feveral premifes, he the
ijald defendant afterwards, in the lifetime of the faid J. C. to wit,
on, &c. at, &c. had notice : whereby, and by reafon of which
Xaid feveral premifes,. and by force of the faid cudom, and by the
law of merchants, he the faid defendant became liable to pay [on
requed; and being fo liable, promifed to pay: like averment as
to not having indorfcd, and non-payment of fird, third, and
^ Count on a fourth, &c.] And whereas, &c. [fame as fird and (econd, till
promife by the jqq h^ve dated all the indorfements at this X mark, then go on
Bfwwer to p^ ^^^ .J ^^^ ^l^g f^j J plaintiffs, executors as aforcCiid^ in fed fur-
th«W^^*»^ing *^r %^ ^^^^ ^^^ ^'^^^ lad-mentioned bill havii>g been fo indorfed
been indorfed as aforefaid, but not as yet accepted, although due diligence had
but not ac been ufed fuf that purpofc, they the faid plaintiffs, asfuchexecu*
«*?*•<*• tors as aforefaid, were, after the death of the faid P. L. to wit^
on the fixth day of May A. D. 17^3, at, &c. aforefaid, about
ifhd were ready and willing, and then and there offered the (aid
defendant to fend over to Ireland for the purpofe of (hewing and
prefcnting, or endeavouring to ftievv and prefent, the faid laft-
mentioned bill to the faid J. C. according to the tenor and direc-
tion of the faid lad-mentioned bill in that behalf, for acceptance
dnd payment, according to the tenor and effcd of the faid laft-
mentioned bill, and would have accordingly prefented the fame;
indoHce wwild but the faid defendant then and there wholly difpenfed with and re^
lUTefenttolre. UnquijHid the prefentment of the faid lad-mentioned bill to the did
land, but defen- j^ (^ . ^^^^ j|, confideration of the feveral premifes before in this-
tuh ^^t tount mentioned, undertook, and then and there faithfidly pre
Icmment. nUIC€
tOREIGll, BY THIRD INDORSEE* SjaJ
frifed the faid plaintiffs, as fiich executors as aforefaid, to pay tq
them the faid fucn of money in the faid laft-mentioned bill fpeci-
fied r whereby, and by rcafon of which faid fevcral prcmifes, and
according to the cuftom ar\d law of merchants, he the faid defen-
dant became liable to pay to the (aid plaintiffs, as fuch executors
a? aforefaid, the faid mm of money in the faid laft-mentioiied biU
Ipecified ; and being fo liable, he the faid defendant, in confidera-
tion thereof, afterwards, to wit, on^ &c* at« &c. undertook, &c.
£to pay to plaintiffs: like averment as to not having iadorfed, and
non-payment of firft^ tbird^ and fourth^ &g*
MIDDLESEX, to wit. S.P.lateof^&c^wasarhtchedtoanfwor l>echirati«ii hf
A. G. and D. A. of a plea of trefpafs on the cafe ; and whereupon oripnn in B. R.
the faid plaintiffs, by A. B. their attorney, complain, that where- ^ * ^J^^ ^
as, at the feveral times hereinafter mentioned, the laid plaintiff's L^^^I^SL '
were partners and joint dealets hi trade, to wit, at, &c. ; and wnttetiiAj>v/ifr^
viienas alfo, at the feveral times hereinafter mentioned^ one R. L« hy Third jnd»rfet
me P. P. B* and alfo two perfons refpefiively ufing trade and »5>«ft Defcud.
tommctce by the refpeftive ftyles and firm of Chevalier and S't'^***^*]'^;
Mercier and the faid t)]aintiffs were redding and ufing commerce, pfjj^ a* ^tbt
to wit, the faid R. L. and P. P. B. and the (aid Chevalier and houfeefabank*
Mercier, in parts beyond the feas, to wit, at Calais, in the king- «r» ftating that
jdom of France, and the faid plaintiffs and defendant within this «*»« bill wat prc-
kingdom, to wit, at, &c. and being fo rcfpeftively refiding, ^''^^'^^f'^*
trading, and ufing commerce as aforelaid, the (aid R» L. on,^&c.
in parts beyond the feas, to wit, at Calais, in the kingdom of
Fnmce, according to the uiage and cuffom of merchants from
time immemorial ufed and approved of, made his certain bill of
exchange in writing, his own proper hand being thereunto futi^
fcribed, bearing date the fame day and year aforefaid, and then aiKl
there diredled the faid bill to the faid defendant, by the name and
defi^ription of, &c. and by the faid bill required the faid defendant,
mfour ufancis^ to pay by that firft of exchange to the order of the
did P. P. B. by the defcripti«n of, &c. three thouland fix hun-
dred and fifty-eight livra^ value received of the faid P. P. B.
which the faid defendant was to pafs according to advice from the
fiud R. L. which iaid bill of exchange he the faid defendant af-
terwards, to wit, on, &c. at« &c. acc6rding to the ufage and
cuftom of merchants aforefaid, acceptedj payatfU at Paris ^ at the
houfi df A, B. banters } and the faid P. P. B. to whoie order the
payment of the faid fum of money mentioned in the faid bill, was
thereby appointed to be made, and before the payment of the faid
fum of money mentioned in the faid bill, or of any part thereof,
to wit, on, &c. at, ice* indorfed the faid bili, his own proper hand Indorfement;
being thereunto fubfcribed ; and by that indorfement he the faid
P. P. B* then and there appointed the contents of the faid biU to
be paid to the order of the fiud Chevalier, by the defcription of,
&c. fior value receive^, and then and there dc^livered the faid bill
fo indorfed to the faid Chev^^lier ; and th? faid Chevalier ^cer wards,
Y a and
3H ASSUMPSIT general—Oh bills of exchange.
and before the payment of the faid fum of money mentioned in dit
.J .^. faid bill, or of any part thereof, to wit, on, &c, at, &c. indmfti
the f«iid bill, his own proper hand being thereunto fubfcribed ; and
by the faid laft-mentioned indorfement, he the faid Chevalier then
and there appointed the contents of the faid bill to be paid to the
order of Mercier, by the defcription of, &c. for value received,
and then and there dfelivered the faid bill fo indorfed to the (aid
Mercier \ and the (aid Mercier afterwards, and before the pay-
' ment of the faid fum of money mentioned in the faid bill, or of
|d Ittdarrenent. ^^y pg^t thereof, to wit, on, &c. indor/iJ the faid bill, his own
proper hand being thereto fubfcribed ; and by the faid laft-men-
tioned indorfement, he the faid defendant then and there appointed
the contents of the faid bill to be paid to the iaid plaintiffs, and
then and there delivered the faid bill fo indorfed to the (aid plain-
tifFs : and the faid plaintiffs in fa£l fay, that the faid bill afterwards,
and when the fame became due and payable, to wit, on, &c. at^
rrtfenttd. ^^^ ^j^g (hewn and prefented at Paris, at the houfe of A. B. for
the payment thereof; but the faid A, B. did not, nor did the &id
defendant, then pay the faid fum of money mentioned in die bSA
bill, according to the tenor and efFe£t of the faid bill; of whick
faid premifes the faid plaintiffs afterwards, to wit, on, &c. at,&c,
gave notice to the faid defendant : and the faid plaintifis further
fay, that the faid three thoufand fix hundred and fifty -eight livres,
in the (aid bill of exchange mentioned, are, and at the time of the
^^'"^ *** making of the faid bill were, foreign money ^ to wit, money of the
Awckn nwneY. kingdom of France ; and at the time of making of the faid bill of ex*
change Were, and from thence hitherto have been, and now are,
of great value, to wit, of the value of two hundred pounds of
lawful money of Great Britain, to wit, at, &c. whereof the (aid
defendant afterwards, to wit, on, &c, there had notice: by reaibn
of which faid premifes, and alfo by force of the ufage andcuftom of
merchants aforefaid, he the faid defendant became liable to pajr to
the (aid plaintiffs the faid fum of money, in the (aid bill of ex*
change mentioned, being of the value aforefaid, according to the
tenor mdt^ffedt of the faid bill, and the faid indorfements thereoo,
and his faid acceptance thereof as aforefaid \ and being fo liable^
he the (aid defendant, in confideration thereof, afterwards, to wit,
on, &c. at, &c. undertook, and then and there faithfully pro-
mifed them, the faid plaintiffs, to pay them the faid fum of mo->
ney fpecified in the faid bill of exchange, being of the value afore-
faid, according to the tenor and effeffc of the &idbill, and the faid
indorfements thereon, and his faid acceptance thereof as aforefaid.
adCouAtftating ^n^ whereat alfo the faid R* L. on, &c« in parts beyond
^^'^ wd"t' 'J^cfcas, at, fcc, according to the ufage, &c. made, &c. and
ISl^*on^tting ^^^""^ dircScd, &c. and by the faid laft-mentioned, &c. and which
to rijite, « that faid laft^mcntioned bill of exchange he the (aid defendant, after*
trhen the bill wards, to wit, on, &c. at, &c. according to the ufage, &c. ac*
became due it ^cpted J and the (aid P. P, B. to whofe order, &c. &c. (Add
was prefcntcd ^ *
Ibr payment, and that the banken refufcd, and that thr plalntiffi gavt nodct thereof to tbt
defcDdant.'* Veriflcatloa ol ufivice, Salk. 13 ii |. Kcb. <45.
tfaf
FOREIGN, BV THIRD INDORSEE.
the common Counts.) Yet) &c. to the damage of the faid plain*
tiffs of ^ poands ; and therefore they bring fuit, &ۥ :
with thisj that the (aid plaintiffs will verify, that an tifanci^ be*
tween Cadais afore(aid and London aforefaid, and between Paris
aforcfaid and London aforefaid, is, and always hath been, thirty
dajs, and no other time whatfoever. F. 6uii.BR.
\^%
This dedantlon was demurred with
caufet, Tiz.— Tothe ift Count» That the
ktters P. P. Mily ars prefixed to ilie name
of Brunet, inftcad of the names they are
rcfpcdively meant to fignify, and ought to
hive been ioferted in words at length. To
the ftd Count, that the peribns called
Cbevaiier and MertUr^ are not identified
hy any chriOian name or names. To 3d
County That the names of the perfons
called A. B. are not fufiiciently fet forth.
Vh> That it is not listed that the faid
hill of exchangit therein mentioned to be
Ihcwn and preicnted at the houfe of A. B.
ibr their payment thereof, was prefented^
or to any of them, or to the faid defen«
dant, or any fervant, ice 5th, That
U is DOC ^ted that there was any refufal
of payment of the faid bill at the houle
of the faid A. B. 6th, That it i!> not id-
ledged that the faid biil was (4) protelted
for non payment thereof ; whereas b/
the law and cu:lom of merchants, the
faid bill of exch.^nge, being a foieign bill
of exchange, ought to have been protef-
ted, and fach proteRing ought to have
been fUted in the Declaration. Judg#
ment for plaintiff.
{a) There is no occafion to ftate tht
proieft in a declaration on a foreign bill,
lb as to charge the acceptor $ but a de*
claration is demurrable to where tlie pro«
teft is not iUted againft the drawer or in*
dorfers.
NEWCASTLE-UPON-TYNE, te wit. G. T. and D. R. Decia«t?o« hy
complain again J. R. being, &c. for that whereas, at thefeve- rbk-d jndvfee 6i
ral times hereafter mentioned, one A. P. the younger, one J. G. a bill of ex-
the faid J. R, and the faid G. T. and D. R. were feverally re- change drawn at
iiding, trading, and ufing commerce, that is to fay, A. J. G. ^"*!J^*^
and the faid J. R. at Edinburgh, in that part of Great Britain ^^fee.fornon*
called Scotland, and the faid G. and D. within that part of Great paymentby ^.
Britain called England, to wit, at Newcaftle-upon-fyne afore- cepttri withad
faid i and being fo refiding, trading, and ufing commerce refpcc- Count by jndor-
lively as aforefaid, the faid A. on the fifth of May 1772, at Edin- ^'^^^^1 ^*
burgh aforefaid, to wit, at Newcaftle-upon-Tyne aforefaid, made Dravw, pay-
his certain bill of exchange in writing, (ubfcribed with his own able to himfeIC
proper hand, according to the ufage and cuftom of merchants ^ ^^^
from time immemorial ufed and approved of, bearing date the famQ
day and year aforefaid, and then and there di reded the faid bill to
the faid J. G. by the name and defcription of Mr. J. G. mer-
chant, Edinburgh, and by the faid bill required the faid J. G.
nine months after date thereof, to pay to himfelf the faid A, or
ordir^ at F/s coiFee-houfe there, to wit, at Edinburgh aforefaidy
ten pounds fterling, value received ; which faid bill the faid J. G«
afterwards,, and before the time appointed for payment thereof,
to wit, on, &c. to wit, at Edinburgh aforefaid, to wit, at New-*
caftle-upon Tyne aforefaid, upon fight thereof accepted, accord-
ing to the faid cuftom \ and the faid A. to whom, or to whofe
order, the payment of the. faid fum of money in the faid bill was '
to be made* afterwards, and before the jpayment of the laid fuia
V 3 pf
V.
p^ ASSUMPSIT GENERAL.— On BILLS o» EXCHAWGEv
of money contained in the (aid bill, or any part^ereof, and «Mb
before the time appointed by the faid bill for payment thereof, to
wit) on the fame day and year aforcfaid, at Newcaitle-apon^-Tyne
iftlndorfpnent. ^for^Mj according to the faid ufage and cuftom of merchants, m«
ilorjid the faid bin, his own proper hand being thereunto fiib«
icnbed ; and bv that indorfement the faid A. appointed the con-
tents of the (aid bill Co be paid to the faid J. R. or order,
value received, and then and there delivered the faid bill, fo
indorfed, to the faid J. R. ; and the faid J. R. to whom, or to
whofe order, the payment of the faid fum of money in the hid
bill contained was to be made, afterwards, and before the pay-
ment of the faid fum of money contained in the faid bill, and be-
fore the time appointed by the faid bill for payment thereof, to
wit, on the fame day and year aforefaid, at NewcaftIe»upon«
Tyne aforefaid, according to the faid ufage and cuttom of mer-
$dlndprre(nen(« chants, indorfed ih^ faid bill, his own proper hand being there-
unto fubfcribcd ; and by that indorfetr.ent the faid J. R. appointed-
the faid fum of u>v)ney in the faid bill contained to be paid to the
faid G. and D. and then and there delivered the (aid bill, (b in*
dorfed, to the faid G. and D. : and the faid G. and D. aver, that
when the faid fum of money in the faid bill mentioned became due
and paj'able, 2|ccording to the tenor and e(Fe£t thereof, to wit, on
Prefentedibr the eighth of February 17731 they the faid G- and D. du]y pre^
|»»yment. ji„f^^ the faid bill to the faid J. G. at the Forett's co(ree.houfe at
Edinburgh aforefaid, for the payment thereof, according to the
tenor of the faid bill^ and then and there requefled the faid J. G.
to pay them the faid G. and D. the faid fum of moocy therein
menuoned, according to the tenor and efk£k of the faid bill, and
of the faid acceptance thereof as aforefaid, and the faid indorfements
fo made thereon as aforefaid ; but the (aid J. G. at the time when
the faid bill was fo (hewn and prcfented to him as aforefaid, or at
any other time, did not pay to the faid G. and D. the faid fum of
money contained in the faid bill, pr ^ny part thereof, but then and
there wholly refufed fo to do ^ of 9II whicb faid premi|g the faid
J. R. on the fame day and year laft aforefaid, at Newcwle-upon-
Tyne aforefaid, had notice from the faid G. and D* : &i by rear
(on of ;he premifes, and according to the ufage, and by the law of
merchants, th^ faid J. R. became liable to pay to the (aid G. and
P* the faid fum of money in the (aid bill of exchange contained ^
and being (b liable^ he the ^aid J. {I. in confideration thereof,
afterwards, to wit, on the fame day and year laft aforefaid, at, &ۥ
^(Tumpiit. 2d Count, on another bill of exchange by pbintifiii
as indorfees, againft defendant as dray^ir of a bill pajatU t$ hmh-
filfor order 'i on J. T« J- T- refufing payment thereof after ac-
ceptance. 3d Coun^ pn ano^er )>iU^ fame as la^ ^ CQimMd
Counts).
flea ift to tht And the &id J. R. by T. B. bis attorney, comes and defends the
^bove. General ^rong and injury, when, &c. and (ays, that he did not undertake
^"** and promife in m^uuier and forip |^ tjie (aid Q^ 9^ p, hav^ above
FOREIGN, BT THIRD 1NP0JR.SEE. 8^!
liieroof complained ag^kift him ; and of this he puts himfelf upon
the country, &c» And k>r further plea in tl>is l^ehalf, the faid ^^ Aah mm
jf. R. by kave, &c. fays, that the faid G. and D. {a^io noriy &c.J accrn^u '^nfr^Jif
becaufe he (ays, that the feveral caufes of a£iion in the faid dccla- ^^*'
ration co^ntioned did not, nor did any of them, accrue to the fai^
G. and D. at any time within fix years next before th« day of ex-
hibiting of the bill of the (aid G. and D. \ and of this. He. where-
fore, &c W. Baldwin-
And the faid G. and D. as to (;he faid plea of the faid James Rq>iication w
by btm laftly above pleaded in \y9J^ fay, that bv reafon, &c. (pro-- ad pl«s xhn
(ludi non) becaufe th*t the faid J. at the time the faid feveral J^^Jf^l^y^j^^^ '
icatdes ot action in the faid declaration mentioned accrued, and ^crued ^fen.
each of them did accrue, w^ in foreign parts beyond the (eas, to dant war in *
wit, at 6. in the kingdom of France, and there lived and re- foreign parts
fided until the faid J. afterwards, to wit, on the fifteenth of De- "'*« **""'' ""^
cember 1780, returned into this kingdom, to wit, atNewcaftle- *i^ go '"imdthat
upon-Tyne aforefaid j and that the faid G. and D. within (ix phintiff«,with,
years next after the return of the faid J. into England from be- in fix yean after
yond the feas, to wit, on the eighth of October in the twenty-fir(l his return, en-
year of the re/gn of our lord the now king, did exhibit their (aid |j*Wted tliclr
bill againft the faid James in due manner and form aforefaid i- and '
this, Sec; dierefore they pray judgment, and their damages, by
reafon of the nop-performance of the faid promifes and undertal(-»
ings to be adjudged to them, &c«
Geo. Woop»
And the £iid James fays, tliat the faid G. and D« did not, Rejoindtr^tsk*
within fix years next after the return of the faid J. into England insiflUc.
from beyond feas exhibit their faid bill againft the faid J. in
manner and form as the faid G. and D. have above in their faid
replication alledged \ and of this the faid J. puts himfelf upon the
country, &c.
PLE AS before our lord the king at Weftminftcr of the Terpi j. ^.
of St. Michael, the twenty-fixth year of the reign of our ,jj^ j^, 1^*^
fovereign lord George the Third, by the grace of (God of Gre^t exchange, Ex-
Britain, France, and Ireland, king, defender of the faith, and fo ecuton of Tlri
forth, and in the year of Our Lord 17 85.— Roll. ^"^> •8"5J^
5TO.MONT AN. WaY. ^^^^^^^ ^
change, therein plaintiffs obtained « vcnlift.
LONDON, ffn Be it remembered, that in the Term of the V
Holy Trinity laft paft before our lord the kin^ at Weftminftcr,
came Alexander Leekie, Robert Hunter, and James Maude, ex-»
ecutors of the laft will and teftament of Patrick Leekie decej^,
by Giles Bleafdale their attorney, and brought info the court of our
faid lord the king then there their certain bill againft JohnBor*
mingham, being in the cuftody of the marlhai of the maribatfea of
cur faid lord the king, before the king iiimfelf, of a plea erf fefpafs
Y 4 oa
3i8 ASSUMPSIT GENEIIAL.-^H BILLS or EZGHANOE,
fm the cafe, and there are pledges for the profecution, to ivit^
John Doe and Richard Roe ; which faid bill follows in thefe
Blni»B.]PL words') to wit, London, to wit« Alexander Leekie, Robert
Huntei*, and James Maude, executors of the lad will and tefta-
pnent of Patrick Leekie deceafed, complain of John Bermingham^
being in the cuftody of the marihal of the marfliaifea of our lord
the how king, before the king himfelf, in a plea of trefpafson the
cafe, ice. ' for that whereas the faid John Berminghasn, in the
lifetime of the faid Patrick Leekie, to wit, on the feventh day of
March in the year of Our Lord 1782, in parts beyond the feas^
jlecond bin of to vi\t^ at Gharles-town in America, that is to fay, at London,
pchanse ma^e in the pariA of St. Mary le Bow, in the ward of Cheap, accord*
atChariet.town j^g to the cuftom of merchants in that refpeft ufed and approved
. ' VT of, made and drew his certain bill of exchange in writing, bear-
ing date the day and year afore(aid, upon one John ChamberSy
and by the faid bill then and there required the faid John Cham*
bers, at thirty-one days fight of thgt his fecond of exchange (firfty
third, and fourth of the fame tenor and date unpaid) to pay one
Thomas Linch, in the faid bill named, or order, the fum of fifty*
eight pounds three (hillings and fixpence fterling, value received,
txA to plaee the fame to account, with or without further advice
from him the faid John Bermingham, and then and there deliver-
ied the iaid bill to the faid Thomas Linch ; and the faid Thomas
Linch, to whom or to whofe order the (aid fum of money in the £iid
bill mentioned was to be paid as aforefaid, afterwards, to wit» ia
the lifetime of the faid Patrick Leekie, and before the payment of
the faid fum of money in the faid bill fpecii^ed, or of any part
thereof, to wit, on the day and year aforefaid, at London afore-
faid, in the parifb and ward afore(aid, according to the (aid cuf-
Uneh iDdorfcd tom, indorfea the faid bill, and by that indorfement appointed the
P Kip* contents of the faid bill to be paid to one Ifaac Kip, and then an4
there delivered (he faid bill, fo indorfed, to the faid Ifaac ; and the
faid Ifaac Kip, to whom, or to whofe order the faid fum of monejr
in the faid bill mentioned was, by virtue of the faid indoHement.
fo made tliereon as aforefaid, to be paid, afterwards, in the life*
time of the faid Patrick Leekie, and before the payment of the
faid fum of money in the faid bill mentioned, or of any part thercn
of) to wit, on the day and year aforefaid, at London arorefaid, in
^he parish and ward aforefaid, according to the faid cuftom, in-
Kq> indorfed to dorfed the (kid bill, and by that indorfement appointed the cod*
Alexander Lee- fents thereof to be paid to the faid Alexander^ and then and there de-i
^, oM of the Xvifstz^ the faid bill, fo indorfed^no the faid Alexander; tf withe faic}
-f!^?!*,, } Alexander, tp whom, or to whofe order the (aid fum of money
.in the (l^iil bill mentioned was, by virtue of the faid laft mention-
ed indoifcmeht, to be paid, afterwards,' in the lifetime of the (aid
J'atrick Leekie, and before the payment of the faid fum of money
in the faid b^l) mentioned, or of any part therebf, tp y^it, on the
diiy and year aforefaid, at X^ond^on afbrefaid, in fhe psuri(h and
wlie indfkifcd It ward aforefaid, according to the (aid t^uftom, ihaorfed the £ud bill,
{btk 'idt « f P. 2^^J i^y ^|^j^( indorfemem appointed the <;ontent8 of the (aid bil| to
FOREIGN, iv THIRD INDORSEE. pf
he psiid to riic order of the fitid Patrick Leekie, and then and there . . . ;.
delivered the (aid bill, lb indorfed, to the £ud Patrick Leckic ; rf^^^^
Mvbich iaid feveral indorfements, fo^^ on the laid bill as afore- ^^
£udiy the faid John Chambers then n^iiere had notice. And the And pUndlA
iiud Alexander, Robert, and JanY^, executors as atbre&id, fur- arer, thatafier*
.ther fiiy, that after the making of the faid fcycral indorfements, fo 'Z'^^J^\}^
made upon the faid bill as aforefeid, to wit, on the twelfth day of ^^J^i^f"^^
March in the year of Our Lord i/Sat at London aforefaid, in the .na appointed
parifh and ward aforefaid, the £iid ratrick Leekie died, having thnnaccaton^
firft duly made his laft will and teftament, and thereof appointed andthcyprovcd,'
executors them the (aid Alexander, Robert, and James, who ^^
afterwards duly proved the iame, and tsok upon themfelves the BiU aftcnMMdi
execution thereof, to wit, at London aforelaid, in the parifb and prefentca^Dra^
ward aforefaid. And the (aid Alexander, Robert, and James •JJJ^ "*,
^ver, that the faid bill was afterwards, and after the death of the ^
£ud Patrick Leekie, and before the payment of the faid fum of
money therein mentioned, or of any part thereof, to wit, on the
ninth day of May in the year of Our Lord 1783, at London
^orefaid, in the part (hand ward afqrefaid, (hewn and prefented to
the (aid John Chambers for his acceptance thereof, and he the
faid John Chambers was then and there requefted to accept the
^4me ; but the faid John Chambers did not, nor would then and
there accept the faid bill ; and thereupon die (aid bill was after*
wards, to wit, on the day and year laft aforefaid, at London
"(aforefaid, in the pari(h and ward*aforefaid, protefted for non-ac-
ceptance, according, to the faid cuftom. And the faid i\Iexander, Aft»rwwdi|^v
Robert^ and James, executors as aforefaid, further fay, that at ^^ ^ P*F*
the end and expiration of the time appointed for payment of the f^S. ""^^"^
6td bill, to wit, on the twelfth day of June in* the yeay* laft afore-*
faid, at London aforefaid, in the pari(h and ward aforefaid, the
faid bill was again (hewn and prefented to the (aid John Cham-
bers for payment of the monev therein mentioned, and he the (aid
^ohn Chambers was then ana there required to pay the faid fum
K>f money in the faid bill mentioned, to them the faid Alexander,
Robert, and James, as fuch executors as aforeiaid, according to
the tenor of the faid bilk and the faid feveral indorfements fo there-
pn made as aforefaid ; but the faid John Chambers did not then
and there, or at any other time, pay the faid fum of money in the
piid bill mentioned, or any part thereof, to the faid Alexander,
Robert, and James, or to any or either of them, but then and
there neglected and refuled fo to do, and therein whoUv failed and
made default ; and thereupon the (aid Alexander, Kobert, and
James, to wit, on the day and year laft aforefaid, at London
aforefaid, in the parifb and ward aforefaid, caufed the faid bill to
^ duly protefted for non-payment thereof s of all which (aid feve- OfaUwfuchdf.
ral premifes the faid John Berminsham) afterwards, to wit, on ffn<>»t bad m^
the day and year laft aforefaid, at London aforefaid, in the parifli *^'
and ward aforefaid, had notice : by reafon whereof, and according ^ n*^ ff
4o the (aid cuftom and by the law of qierchants, be the (aid John "^^^^ ^^ p^'
4^^? • became liabk i
i
^|i ASSUMPSIT GENERAL.»-Oir BILLS or EXCHANGE.
Bermingham became lisible >to pay to the £ud Alrxandeiv Robert^
•nd James, as fuch cxecutovs as aforelaid, the faid 6ud of monqr
in the faid biU mentiom^ when he the fud Joha Beroaingham
ftouki be thereto aiiiervinrds requefted; and bciag Uable» be
the faid John Bermingham, in confideration ther^4 afterwards^
to wit, on the day and yfcar laft aferefatd, at London afarefrid,
fu4 aflumfifit in the parifii and ward afbreiaid, undertook aad faithfully pKHotf-
iKcordingly. ed the faid Alexander, Robert, and James, as (uch executors »
aforeiaid, to pay them the faid fum of money in the {aid hUI fpeci-
£ed, when he the iaid John Bermingham (hould be thereto after^
wards requefted. And the <aid Alexander, Robert, and James
MnntMA uwtr aver, that the faid bill of exchange hath not been indorfed over
^^^fr^ or negociated either by the feid Patrick Leekie in his lifetime, or
their SSufcoriw ^^ *^™ ^® ^^*^ Alexander, Robert, and James, (bee his death 5
by them ; ^^^ ^^ve the faid firft, ^ird, and fourth hiUs therein meotittieil,
Korhavetheift, or any OT either of them, been paid or fatisfied. jfnd wberan the
Sd, or 4th been faid John Bermingham, in the lifetime of the (aid Patrick Leekie,
'^^c t. ^^ ^^b ^^ ^^^ ^^^^ ieventh day of March in the year 1782 afore-
* *" •faid, in parts beyond the feas, to wit, at Charles-town afore&id,
that is to fay, at London aforefaid, in the parifli and ward afore-
laid, according to the faid cuftom, made and drew his certain
other bill of exchange in writing, bearing date the day a^d yev
laft aforefaid, upon the faid John Chambers, and by the (aid laft
imentioned bill he the laid John Bermingham required the faid John
Chambers, at thirty-one days * fight of that his fecond of ex*
change, (firft, third, and fourth of the iame tenor and date uos*
pid) to pay to the faid Thomas Linch, or order, the fum of
iifty- eight pounds three (hillings and (ixpence fterling, valve r^
ceivcd, and to place the fame to account, withor without further
•advice from the faid John Bermingham, and then and there de-
livered the faid laft mentioned bill to the (aid Thomas Linch } and
the faid Thomas Linch, to whom, or to whofe order, the (aid fui0
of money in the faid laft mentioned bill fpecified was to be paid,
afterwards, in the lifetime of the faid Patrick Leekie, and before
• the payment of the (aid fum of money in the iaid laft menciooed
bill fpecified, or of any part thereof, to wit, on the day and year laft
aforelaid, at London aforefaid, in the pariQi and ward aibrefaid»
according to the faid cuftom, indorfed the (aid laft mentioned bilL
and by that indorfement appointed the contents thereof to be paid
to the (aid Ifaac Kip, and then and there delivered the fad laft
mentioned bill, fo indorfed, to the (aid I(aac K ip i and the bH
Ifaac Kip, to whom, or to whofe order, the faid fum of money in
the faid laft mentioned bill fpecified was* by virtue of the (aid
indorfement, fo made thereon as aforeiaid, to be paid, afterwardst
in the lifetime of the iaid Fattrick Leekie, and before the paynftht
cf the faid fum of money in the faid laft mentioned bill Ipecificd,
or of any part thereof, to wii, on the day and year laft aforeiaid,
at London afore(aid, in the parifti and ward aforeiaid, ifHlQr(c4
the (aid laft xneptioned bill| according to the aforefaid cuftiw^ sud
FOREIGN, BY THIRD INDORSEE. Sit
hy that indorfement appointed the contents of the fiiid bill to be
paid to die faid Alexander, and then and there delivened the faid
hft mentioned biQ, fo indorfed, to the £iid Alexander ; and the
fiud Alexander, to whom, or to whofe order, the faid fum of
money in the faid laft mentioned bill fpeciAed was, by virtue of the
iatd laft mentioned indorfement, to be paid, afterwards, in the
lifetime of the &id Patrick Leekie, and before the payment of
the (aid fum of money in the faid laft mentioned bill fpeciiied, or
of any part thereof to wit, en the day and year laft aforefaid, at
London aforefaid, in Hie parifli and ward aforeiaid, according to
the (aid cuftom, indorfed the faid laft mentioned bill, and by that
indorfement appointed the contents *of the faid laft mentioned bill
to be paid to the order of the faid Patrick Leekie, and then and
there delivered the faid laft mentioned bill, fo indorfed, to the faid
Patrick Leekie- Jnd the faid Alexander, Robert, and James, Plamtiffi avw
executors as aforefeid, aver, that after tiie making of the faid ^*»«t*»«Dra^
feveral indorfemems, fo made upon the faid laft mentioned bill as ^^j^ xboath
aforefaid, to wit, at London afere&id, in the parifh and ward diligent inquiry
aforefaid) due and diligent enquiry was made after the faid John was made to
Chambers, on whom the faid laft mentioned bill was fo drawn as P"^^"* ^^e bill
aforefaid, with intent to (hew and prefent the. faid bill to him for ^' acceptance
r. J v r !• I ■ ^'^ payment,
bis acceptance and payment thereof, according to the tenor and nor has he ac«
eScA of the faid bill, and the faid feveral indorfements fo thereon Qeptcdor|>ai4.
made as aforefaid ; but the faid Alexander, Robert, and James, in
faA further fay, that the iaid Jdin Chambers was not, upon fech
enquiry, or at any other time found,, or to be found ; nor did he
then or at any other time pay the faid fum of money in the faid
laft mentioned bill fpecified, or any part thereof, either to the (aid
Patrick Leekie in his lifetime, or co the faid Alexander, Robert,
und James, executors as aforefaid, or any or cither of them,
after his death ; whereupon they the faid Alexander, Robert, and
James, as fuch executors as aforelaid, in due manner and accor-*
flii^ to the cuftom of merchants in that refpecl ufed, caufed the «
iaid laft mentioned bill to be protefted for non-accepunce and IL^Sffi'caufe^
non-payment thereof, to wit, at London aforefaid, in the pan'fli fame to be pro-
and ward afore&id j whereof Uii of all which iaid feveral premises te(ied, kc,
be the faid John Bermingham there had due notice : wher^^ and ^<i«reof defen.
by reafon of which laid feveral premifes, and by force of the faid <*«»«*»<* n«i««t
puftom and by the law of merchants, he the (iiid John Berming-
ham became liable to pay to the faid Alexander, Robert, and
James, the iaid fum of money in the faid laft mentioned bill fpeci-
^ed, when he the faid John oermingham ftiould be thereto after-
wards requefted ; and being fo liable, he the faid John Bermtng*
|iam, in confuieration thereof, afterwards, to wit, on the faid
fwelfth day of June in the year 1783 afore&id, at London afore*
(aid, in the pariih and ward aforefaid, undertook and faithfully
Eromifed the iaid Alexander, Robert, and James, as fuch execu*
>r5a8 aforefaid, to pay them the faid fum of money in the faid laft
fpcp|ion«d bill fpeci&ed^ wbqi b? the ^d Jotui jgerminghain
(houl4
3i% ASSUMPSIT GENERAL —On BILLS of EXCHANGE,
Avermenf as (hould be thereto afterwards requefted. jfnd the (aid Alexandsr,
baton. Robert, and James aver, that the faid laft mentioned bill of ex*
change hath not been indorfed over or negotiated either hj the
laid Patrick Leekie in his lifetime, or by them the faid Alexan-
der, Robert, and James, executors as aforefaid, iince his death ;
nor have the faid firfl> third, and fourth bills therein mentioned,
3d Count, fame or any or either of them, been paiJ or fatisBed. A*tii tvhereas
ac ftrft and fe- the faid John Bermingham, in the lifetime of the faid Patrick
cond, except as Lecj^ig^ t^ ^jj^ q^ ^^ (j^jj fevcnth day of March in the year
^clow. 1782 aforefaid, in foreign parts, that is to lay, at Charles-town
aforefaid, to wit, at London aforefaid, in the parifli and ward
aforefaid, according to the faid cuftom, made and drew his certain
Other bill of exchange in writing, bearing date the day and year laft
aforefaid, upon the faid John Chambers, by the name and defcrip-
tion of John Chambers efquire, Kilboyne, county of Mayo, Ire*
land, and by the faid lad-mentioned bill he the faid John Ber^
mingham required the (aid John Chambers, at thirty-one days
fight of that his fecond of exchange (firft, third, and fourth of the
iame tenor and date unpaid) to pay to the faid Thomas Linch or
order the fam of fifty-eight pounds three (hillings and fixpencc
fierling, value received, and to place the fame to account, with or
without further advice from the faid John Bermingham, and then
and there delivered the faid laft-mentioned bill to the (aid Tho«
mas Linch \ and the faid Thomas Linch, to whom or to whofi;
order the faid fum of money in the faid la(l* mentioned bill fpeci*
£ed was to be paid, afterwards, in the lifetime of the faid Patrick
Leekie, and before the payment of the faid fum of moaey in (aid
]aft-mentioned bill fpecined, or of any part thereof, to wit, on
the day and year laft aforefaid, at London aforefaid, in the parifh
and ward aforefaid, according to the faid cuftom, indorfed the (aid
laft-mentioned bill, and by that indorfement appointed the con-
tents thereof to be paid to the faid liaac Kip, and then and there
delivered the faid laftrmentioned bill fo indorfed to the faid
Ifaac Kip ; and the faid Ifaac Kip, to whom or to whofe order the
^id fum of money in the faid lad -mentioned bill fpecified was by
virtue of the faid indorfement fo made thereon as aforefaid to be
paid as aforefaid, afterwards, in the lifetime of the faid Patrick
JLeekie, and before the payment of the faid fum of money in the
faid lail-mentioned bill ipecified, or of anv part thereof, to wit|
on the day and year laft afon faid, at Lonclon aforefaid, in the pa*
ri(b and ward aforefaid, indor(ed the (aid laft- mentioned biliy«
cording to the aforefaid cuftom, and by that indorfement appoint*
ed the contents of the faid bill to be paid to the (aid Aiexaj)der|
and then and there delivered the faid laft-^mentioned bill fo indorf-
ed to the faid Alexander \ and the faid Alexander, to whom or to
whofe order the faid fum of money in the faid lafl-mentioned bill
fpecified was by virtue of the faid laft-mentioned indorfement to
be paid as aforefaid, afterwards, in the lifetime of the faid Patrick
^[^eekie, and before (he payment of the &id fum of money in the
1^
FOREipNi BY THIRP INDORSEE, ;|}
£ud laft-mentioned bill fpecified,* or of any part thereof, to wit, da
the day ^nd year laft aforefaid, at London aforefaid, in the parifli
and ward aforeiaid, accordiilg to the faid cuftom indorfed the faid
laft-mentioned bill, and by that indorfement appointed the con-
tents of the faid laft-mentioned bill to be paid to the order of the
faid Patrick Leekte, and then and there delivered the f^id laft-
mentioned bill fo indorfed to the faid Patrick Leekie. Jnd the faU Averment that
Alexander, Robert, and James, executors as aforefaid, in feftfur- J^^^^^"*;^^'
ther fay, that the faid laft-mentioned bill having been fo indorfed jjn/"to pH^t
as aforefaid, but not as yet accepted, although due diligence had the un for ae-
been ufed for that purpofe, they the faid Alexander, Robert, and ceptance ami
James, as fuch executors as aforefaid, were after the death of the paymcnt,totde-
aid Patrick Leekie, to wit, on the fixth day of May in the faid ^|Ui^**^
year of Our Lord 1783, at London aforefaid, in the pariih and
ward aforefaid, about and were ready and willing, and then and
tiiere offered the faid John Bermingham to fend over to Ireland for
the purpofe of {hewing and prefenting, or endeavouring to fhew
and prefent, the faid bill to the faid John Chambers, according to
the tenor and direction of the faid laft-mentioned bill in that be-
half, for acceptance and payment, according to the tenor and ef-
fcSt of the faid bill, and would have accordingly prefented the
lame ; but the faid John Be rmingham then and there wholly dif-
penfed with and relinquiflied the prcfentment of the faid laft-men-
tioned bill to the faid John Chambers, and in confideration of the
feveral promifes before in this Count mentioned, undertook, and
Aen and there faithfully promifed the faid Alexander, Robert, and
James, as fuch executors as aforefaid, to pay them the faid fum of
money in the faid laft-mentioned bill fpecified : whereby, and by
reafbn of which faid feveral promifes, and according to the cul-
tom and law of merchants, he the faid John Bermingham be*
came liable to pay to the faid Alexander, Robert, and James, as
fuch executors as aforefaid, the faid fum of money in the (aid laft-
mentioned bill fpecified ; and being fo liable, he the faid John Ber-
mingham, in confideration thereof, afterwards, to wit, on the day
and year laft aforefaid, at London aforefaid, in the parifh and
ward aforefaid, undertook and faithfully promifed the faid Alexan-
der, Robert, and James, as fuch executors as aforefaid^ to pay
them the iaid fum of money in the faid laft-mentioned bill fpeci<«
fied, And the faid Alexander, Robert, and James, aver, that the ^^""*"^^'*'
£ud laft-mentioned bill of exchange hath not as yet been accept- ^^^'
ed or paid by the faid John Chambers, nor indorfed over or nego-
ciated either by the faid Patrick Leekie in his lifetime, or by them
the faid Alexander, Robert, and James, executors as aforefaid,
fince his death i nor have the faid firft^ third, and fourth bills
therein mentioned, or any or either of them, been paid or fatis-
fied. j6td whereat the faid John Bermingham, in the lifetime of JJ* hXnd"JcI
the laid Patrick Leekie^ to wit, on the faid feventh day of March ^iedto*theufc
in the year 1782 aforefaid, at London aforefaid, in the pariih and of teflator in kit
Wd lifordaid, was indebted to tb^ &id Patrick Leekie in die fum i'fetim«^
of
ASSUMPSIT GENERAL— Off Uttti 6f EXCHAKGK*
^ one hundred pounds of lawful money of threat Biitaln, felf
money by the faid John Bermmgham, before that time, had and re-^
-celved to (he ufe of the faid Patrick Leekie ; and being fb in^
-debted, he the faid John Bermingham, in confideration thereof, a&
terwards, in the lifetime of tihe (aid Patrick Leekie, to wit, on the
day and yeay laft aforefaid, at London afbre(aid, in the pari(h anA
ward aforefaid^ undertook and faitbfiiUy promifed the faid Patrick
Leekie to pay him the (aid laft-mentioned fum of money, when he
the faid Jc^n Bermingham Ihould be thereto afterwards requefted«
5tfi Coum»mo- jfnd whereas the faid John Bermingham afterwards, and after the
iM^ had Md re- death of the faid Patrick Leekie, to wit, on the faid tweUUi day of
cn^ftMTtheufe j^^^^ j^ ^^ y^^ j^g^ aforefaid, at London aforeiaid, in the pa^
excQuiofs. ^.jj^ ^^j wzvd aforefaid, was indebted to the (aid Alexander, Ro-
bert, and James> as fuch executors as aforefaid, in ether one hun-
dred pounds of like lawful money, for money by the (aid John Ber-
mingham befbre that time had and received to the u(e of the faid
Alexander, Robert, and James, as fuch executors as aibre&k); and
being fo indebted, he the faid John Bermingham, in confidera-
tion ther^of^ afterwards, to wit, on the fame day and year
lad afore&id, at London aforefaid, in the parifh and ward afore-
faid, undertook, and then and there faithftiUy promifed the fitid
Alexander, Robert, and James, as fuch executors as aibre&ki, to
pay them the faid laft-mentioned fum of money, when he the faid
Jonn BenniiYgham (hould be thereto afterwards requefted. And
(th Count, ac. «;A^r#« the faid John Bermingham afterwards, and after the death
tSh 'the exccu. ^^ ^^ ^^^ Patrick Leekie, to wit, on the day and year laft s^rc-
i^s^ faid, at London aforefaid, in the parifh and ward aforefaid, ac-
counted with the faid Alexander, Robert, and James, as fuch exe«*
cutors as aforefaid, of and concerniog divers other fums of money
before that time due and owing from the faid John Bermingham
to the faid Alexander, Robert, and James, as fuch executors as
aforefaid, and then being in arrear and unpaid, and upcMi that ac-
counting be the faid John Bermingham was then and there found
in arrear to the (aid Alexander, Robert, and James, as fiich exe-'
cutors as aforefaid, in another large fum of money, to wit, in the
further (urn of one hundred pounds of like lawful money ; and be«
ing fo found in arrear, he-^e faid John Bermingham, in confide-
ration thereof, afterwards, to wit, on the fame day and year laft
aforefaid, at London afore£iid, in the pari(h and ward aforefaidj
undercook and faithfully promifed the faid Alexander, Robert, and
James, as fuch executors as aforefaid, to pay them the faid laft-*
mentioned fum of money, when he the (aid John Bermingham fhould
CcmmoQ con- be thereto afterwards requefted : Tet the faid John Bermingham,
dufion. not regarding his fmd fevcral promifes and undertakings fo by him
made as aforefaid, but contriving and fraudulently intending craf-
tily and fubtilly to deceive and defraud the faid ii'atrick Leekie in
bis lifetime, and the faid Alexander, Robert, and James, execu-
tors as aforefaid, fince his death, in this behalf, hath not as yet
paid the faid &¥eral fums of money in thofe promifes and nni&'
takings mentioaed, or any or either of them, or any part thereof,
either
JOH^tan, it THIRD rWDORSEE* hi
ddier io die (aid Patrick Leekle in his lifetime, or t9 the bid
AkxAfuler, Robert, and James or anj or either of them finoe
his death (^thoaeh die Cud John Bermingham was requefted, a*
well by the fiiid Patrick Leekie in his lifetiitiCy to wit, on the day
and year firft abovementioned, as to the faid fum of money in tha
fourth Count mentioned, as by the £iid Alexander, Robert, and
James^ fmce his death, to wit, at London aforefaid, in the parifli
and ward aforelaid, as to all the faid fums of money hereinbefore
mentiened j ; but he to pay the fame hath hitherto wholly refufed)
and ftill refafes lb to do, to the damage of the faid Alexander, Ro«
bert, and James, as fiich executors as albrefaid, of one hundred
pounds, for which they bring their fuit, &c« Jnd they alfo bring pr^f^ ^ ^
Htbd court here the letters teftamentary of the faid Patrick Lee* lettenteiUnmi*
kioi whereby it appears to the faid Court here, that they are exe- taiy.
cutors of his laft will and teftament, and have executed admini*
ftration thereof, &c.
9 "
' Ahd now at this day, that is to fay, on Monday next after the piet.
Ihorro^ of All Souls in diis fame Term, until which day the (aid
John Bermingham had leave to imparl to the faid bill, and then to
anfwer the fame, &c. come as well the faid Alexander, Robert, and
Jamls, by their faid attorney, as the faid John Bermingham by i rif •
Thomas Alexander Pickering his attorney, before our lord the king ^^•'*"** ^"••^
at Weftminfter ; and the faid John Bermingham defends the wrong
and injury, when, &c. and fays, that he did not undertake or pro-
mife in manner and form as the bid Alexander, Robert, and James,
as executors as afore&id, have above thereof complained againft
him; and of this he puts himfelf upon the country, &c. After- Saggeflion of
wariij and before this day, to wit, on the ninth day of Novem- *•* <***'h ^
her, in the year of Our Lord 1785, at London aforefaid, in Ac ^^^9^^^
parifh and ward aforefaid, the faid Alexander and Robert fuggeft
to die Court here, according to the form of the ftatute in fuch cafe
made and provided, that the faid James Maude died, and the faid
Alexander and Robert have furvived him, which the faid John
Bermingham doth not deny: And as to the faid plea of the faid SimCftr by the
John Bermingham, and of which be hath put himfelf upon the '«'^'^"*-
country, they the faid Alexander and Robert do the like, &c.
therefore let a jury come thereupon before our lord the king srt
Weftminfter on Monday next after fifteen days of St. Martin,
by whom, &c. and who neither, &c. to recc^nize, 5cc. becaufe as
well, ice. the fame day is given to the fiua parties at the fame
fhccyScc. . , ,
Before our lord the king at Weftminfter, of the Terra of St. Pleat.
Hilary, in the twenty-fixth year of the reign of our fovereign lord
George the Third, by the grsice of God of Great Britain, t ranee,
and Ireland, king, defender of the faith, &c. and in the year of
Our Lord 1786.
J36 ASSUMPSIt GENERAL.— Ok BILLS 6f EXCHANGE*
Kefpltg of ju- • London^ to wit. The jury between Alexander Leelcfe
and Robert Hunter, furviving executors of the laft will and ceT-
tament of Patrick Leekie deceafed, by Giles Bleadle their attcx*-
Dey> plaintiiFsy and John Bermingham, defendant, of a plea of
trdpafs on the cafe, is refpited before our lord the king at Weft*
minder, until on Wednesday next after fifteen days irom the day
(xf Eafter, unUfs the honourable Francis BuUer efquire, one of
the jullices of our lord the king affigned to hold pleas before die
king himfelf, (hall firft come on Wednefday the fifteenth day of
February^ at the Guildhall of the faid city, according to die form
of the (tatute in fuch cafe made and provided, &c. for default of
^ the jurors, becaufe none of them did appear ; therefore let the (he-
riff have the bodies of the faid jurors to make the faid jury be-
tween the parties aforefaid of the plea aforefaid accordingly : die
iame day is given to tbe parties afore(aid at the £une place.
F^f in tnac- Afterwards, that is • to fay, di the dav and at die plaoe
lion of ailiiinp- within mentioned, before the honourable Francis Buller efqutfei
flfyoneuniefor the juft ice within mentioned, John Way gentleman being aflb*
ort« ^f* dkn- ^^^^^ ^^^^ ^^> according to the form of the ftatute in fudi cafe
^g^ made and provided, come as well the within named Alexander
Leekie and Robert Hunter, furviving executors as aforefaid,as the
within named John Bermingham, by their refpe^live attomies
within mentioned, and the jurors of the jury whereof mention is
within made^ being called, likewife come ^ who being tried and
fworn to fpeak the truth concerninc; the matters within ^rontainedy
iay upon meir oath, that the faid John Bermingham did not un-
dertake or protnife in manner and form as in the faid third Cutxi
Von aflbinpflt ^^ ^^ within declaration is complained againft him : hut the bid
fBthinl GouDL jurors alfo lay^ upon their faid oath, that the faid John B^ming^
nam did undertake and promife in manner and form as in the iaid
ASwpGt at to feveral other Counts of the iaid declaration is complained againft
Ike ocbcn. y^^^^ ^ ^md they aflefs the damages of the (aid Alexander Leekie and
Robert Hunter as fuch furviving executors as afore£iid, on occa«
fion of the promifes in thofe Counts mentioned, to fifty-eight
pounds three (billinss and fixpence, over and above their cofts and
charges by them laid out about their fuit in this behalf^ and for thofe
cofts and charges to forty ibilUngs ) therefore, &c.
FIFTH 1ND0RSEI5.
rfih TrJorfie v. ^DDLESEX, Jjr. For diat whereas, at die feverai tiroa
tTn'lmtu^ hereafter mentioned, the faid W. T. F. M. J, G. H. L. Paf-
"Si /i^ \f ex- quire, J. D. F. A, Z. and M. Bretoii^ Were perfons refiding,
€tafige, payable trading, arid ufing commerce, to wit, the faid J. G. H. in pans
IP the order of bcyond the feas, to wit, at A. in Holland, and the faid W. T*.
third perfon»,.p^ M. L. P- J* D, F. A. Z. arid M. Breton, within this kir^^
^^- with awl dom, towit, atWeftminfter, in the county of Middlcfcx; and
^CDt» thtt plaintiff bath not inderfcd Iht btt. Vidc^ta^kk aadC^hnCnan, Carth. 50^
whereas
i" O R E I G Ni BY F I F T H I N D O R S E E. 337
»
^hereas alib, before and at the feveral times hereafter mentioned^
the faid L. P. &c. and J. D. were partners and joint dealers toge-
ther in their faid trade and commerce, and the wid W. T. L. P.
J. D. F. M. J. G% H. F. A. Z. and M. Breton, being fo re-
fpeftivcly refident and tradings as aforefaid, and the faid L. Paf-
quire, &c. and J. D. Mng partners as aforefaid, the faid J. G. H.
heretofore, to wit, on the fifteenth day of December A. D. 1761^
in parts beyond the feas, to wit, at A. in Holland aforefaid, that is
to lay, at, &c. in the county of Aliddlefex, made his certain bill
of exchange in writing, fubfcribed with his own proper hand, ac-
tording to the cuftom of merchants from time immemorial ufed
and approved of ; and the faid bill, bearing date the day an<i
year aforer.id, direfled to the faid F. M, by the name of, &c. and
by the faid bill required him, thirty days ,after date, to pay
that {h) firft of exchange to (c) the ordir of Jaid L. P. and J. D4,
by the name of MeflVs. P. Son, and Ca the fum c^f one thoufand
and eighty-one pounds Dutch cutrencv, at the courfe of exchange
<tf the day, value received from him tne (aid J. Q* H* which he
the faid Fell would place to tbe account of him Ac faid J. G. H;
ticcordihg to advice; which faid bill of exchange the faid F. M.
afterwards^ and before the payment of tixe money therein fpecified^
6r of any part thereof, and alfo before the time appointed by the
laid bill for the payment thereof, td wit, on the day and year afore-^
laid, at W. aforefaid, upon fight thereof accepted, according to
the faid cuifom ; and the faid L. P. to the order of whom and of
the faid J. D. P. his partners, the payment of the laid fum of
eoney contained in the faid bill was to be made, afterwards, and
rfore the payment of the faid fum of money contained in the faid
till, or of ariy part thereof, (2) and alfo before the time appointed C») ThU IstriiA
5y the faid hill for the payment thereof to wit^ on the twenty-fourth "^^^*nr» M<i
day of December in the year aforefaid, indorfed the faid bill, his a^'JJ^JJ"*7. Lotd
own proper hand being thereto fubfcribed; and by that indorfe- R«ym*S75,
pient, for himielf and partners, appointed the contents of the faid
bill to be p<aid to the order of the faid F. A. Z. and then and therfc
delivered the faid bill, fo indorfed, to th,e faid F. A. Z. and the
faid F. A. Z. to the order of whom the payment, &c. (Then *
ftate the other indorfements, till you have brought the bill into
the bands of plaintiiF, then aver as follows.) And the faid
plaii^ti6F (rf) avers^ that hedid not, at any time fince the making
of the faid indorfement of the faid bill to him as aforelaid, indorfe^
nor hath he at any time hitherto indorfed over the faid bill, nqr
accepted the contents thereof, to be paid to any perfon whatfoevcr ;
and that the faid defend mts afterwards, to v/it> on the day and
year laft aforefaid, at, &c. had notice of the faid feveral indorfe-
{h) In an aAIon on a fecond bill of (<0 This averment is ivarranted by
exchange not neceflarjr to aver that the BuU. Ni. Pri. 273. and is indeed gene*
firil and third were not paiJ. See Carth. rally infeitcd, though it (hould not Teem
5 TO. to be abfolutely neceffttry* lo. Mod.
(r) That the bill fet out in the de- aS6. I. Salk. xjo,
daration it a bill of e^bange^ vide
2. Salk. 130. and 10. Mod. 2S6.
Vol. I. Z menti
J3* ASSUMPSIT GENERAL— On BitLS of feXCrfANGE;
•
ments (o made on the faid bill as aforefaid ; by reafon, &c. (State
liability, and aiTumpfit to pay, according to tenor and cfFeS of bill»
kc.)
CASES,
i^ifH Mr. Bearcroft's and Mr. Serjea^^t Adair's
OPINIONS.
Morfce againft MESSRS. Hammond and Whi.lock are the agents afling on the
yfcceft§r, after behalf of a (hip in the Baltic trade, of which Mr. Henry Cammell is
acceptafM:e he the mailer, and who fometimes draws bills on' them for fmall fums of
mull prove the money on account of thefhip . 1 here is now in the hands of Mr*
firft indorfc- Smith, a falefman of wearing apparel in Houndfditch, a bill drawn
xient. Jn the name of Captain Cammel on Meflfrs. Hammond and Whidock
fur twenty pounds, in favour of one Mr. William Green, and accepted
by Mr. Hammond, which bill is in the following words and figures :
£' 20.
Cfonjiadt, Juguft g^ 1786*
*f*wo months after d^te, pleafe to pay to Mr. IP^illiam Grei/t, cr order,
the jum of t'Vicnty pounds for 'value recei*vcd, and place the fame to the ae^
eount of your bumble fef-vant,
Henry Cammell ^ oi Sir James Efdaile and Co,
ff'illiam Hammond,
^0 MfJp'S. Hammond and 1
U'hitlock, No. 17, Crutcked^
Friars, Ldndon* ^
Indorfed Willtam Green,
Thomas Hndfon,
James Mills*
When the above bill was tendered to Mr, SH)ith> he fcnt it to the
banker's, diredled by the acceptance, to know if it was a good bill,
( 5) Sec Detallar and wai there anfwered that it was.
y. Herring, 9 Before this bill became due, it was difcovered by Meffrs. Ham-
Mod. 44. and mond and Whitlock .that it had been (3) fcrgtd with another bill for
Bailey on Bills, one hundred pounds, by a man of the name of A. B. who was taken
***P' '5* into cuftody by them, and confined in Yarmouth ga*l, from whence
he lately made his efcape into Holland. The name Henry Cammell
put as the drawer is not of the hand-writing of Captain Cammell,
although an imitation of it ; and there is no fuch perj'on as William
Green, the perfon appearing to be the payee, and the indorferoent of
his namd is fuppofed to be made by the forger of the bill. The names
of the indorfers, Hudfori and Mills, are zliof^itious names, to gWe
ih€ bill a mercantile appearance. When the bill became due, it was
ptefented for payment by Mr. Smith (who is faid to have received it
from the perfon committinc; the forgery in payment for a quantity of
Wearing apparel purchafe<l of him) ; but Mr. H. was advifed that
he was not compelled by law, to pay it, by reafon that the indorfe*
ment of Green tbe payee could not be fro'ved, there being no Jkch per-
fon in exifience* On Mr. H.'s part it was contended, that even fup-
pofmg he could not avail himfelf of the forgery of the drawer's
name, fo as to avoid payment of the bill, yet the acceptance arooont-
• ed only to an engagement to pay the money to Mr. Green or order ;
and no interefl could be transferred to any other perfon but by the
real and adtual indorfeg^ent of William Greciij which codd n^t hap-
pea
CASES ANb OPINIONS.
jitn in thU cafe, he being a fi^litious perfon ; but here there is no
Ordar by William Green for transferring the right of.adion to Mn
Smith the holder of the bill, infbmuch as theie is no real indorfc*
ment thereon; and therefore thikt he tannot pat'himlelf into a
fituatiOn capable of recovering the money. On the other hand
Mr. Smith contends, that he received the bill flirty, and in the ufual
Courfe of trade, and took the ufual precautions aguiuil forgeries, and
that Mr. Hammond the acceptor cannot, take the advantage of his
inability to prove the hand-writing Of William Green the £rft in-
dorfer, but mufl pay the money. , To fave ex pence it is aeteed, that
bpth parties (hall be. governed by youf opinion, Whether, under
all the circumllanc^s before ftatcd, Mr. Hammond, as the acceptor of
the bill in queiUon^ can be Compelled by law to pay the amount to
Xlr. Smith?
319
1 Am dearly of opinion that; in the
cafe ftated, Mr. Hammond, the accep-
tor of this bill; cafiJibt be Compelled by
law to pay the amount. His acceptance
admits the hand of the draMrer,but nothing
more ; the indorfee mud derive his title
through the original payee and ^d indcr-
fer, which cannot be done here fincenone
fuch exifts Smith and Hlmmond are both
equally innocent i therefore tli6 IbU muft
reft, as between them, Wliere it noiV
(lands, whiUi, under the dfcnmilancea
ftatcd, is upon Smith.
£0W. Bl AKCtO? t*.
CASE.
P) RST, A« flfnetchant reiident in foreign parts, dtaWs a i>iil at thrtftf
months £ght on B. and payable to C* both refidcnt in London. The
faid bill is accepted by B. and delivered over toC; whofe property it
is. C« afterwards give) the faid bill in trufl to B. ^ho, while it is in
his poifeffion, fecfetes himfelf from hii creditors, and afterwards be-
comes a bahkrupt ; bat prior to the docket being flruck againfl B.
C. goes to B. and cliims the bill as his property^ whkhB. immediately
delivers up tohim.
»
^/^w».— Whether the faid bill is a^lually the property of C. at the
time. above mentioned, although then in the poiTeflion of H.
but in truft ? Or whether it becomes a part of the ellate of B*
to which his creditors h^ve a le^al claim to their dividend
upon ? Or, if the creditors can have no jult claim, whether,
on C. paying the faid bill away to D. its being regularly
prefented when due to B. for |>aymenc, and being noted for
non-payment, has not D. a juft right to protell the bill and re«
tarn it back to A. who is the drawer, and to ufe coercive mea*
fares to enforce the payment ?
The naUnr §f the trvjl Upon which the
bill was put into the hands of B. the ac-
ceptOTy is not ftated; but if he held it
merely in truft, and without any claim of
beneficial intereA in it, I am of opinion
that it remains tlie property of C. and
that Che creditors of B. have no chim
whatever upon it. On the contrary, It
may be proved as a debt under the ccm*
miflion, and C. would be entitkd to a
proportionate dividend with the other
credjturs. The holder of the bill (hould
prefcnc it for payment to B. when due,
and have it regularly protefted, after
which he will have a cUar right to re*
cover (he amount againft A. the drawei;
Z 2
Q.hu
34*
ASSUMPSIT GENERAL.— On i*ROMtSgORV NOtES.
Second, C. has accepted two bills to the amount of five hundred
pounds and upwards, for which he never received the leaft valaefbr do-
ing the fame, merely out of friendflrip to B. to ferve his'credit unitil hi«
remittances came round, fi. takes the faid bills to D. (sl hanker) in
order to get them difcounted, which D. refufes, but agrees to ad-
vance one hundred and fifty pounds to B. on account of fhem. $0011
after which B. commits an a6l of bankruptcy by iecreting himfelf; but
before the docket is flruck againft B. C. applies to p. to enquire of
}iim what fum was lent to B. on account of the bills ; and upon being
informed, C. tells D. he wiflies to pay him the one hundred and fifty
pounds B. has had advanced him upon the bills> if be will deliver
them up to him on his fo doing.
^ue/!ien — Will D.' be fafe in delivering up the bills inqueftton to C.
or whether it will be requifite for B. to appear with C. at the
houfeof D. and there to perfonaily deliver the bills over to C.
as his property in the presence of D. who might then pay
D. the one hundred and fifty pounds he had advanced there-
in ? Or what other mode can be devifed in order to fecure
C* and D. from farther trouble ?
^hif point, though the jaftlce of the
Ufe is perfectly clear, i« attended with
fome difficulty, and it feems doubtful
whether D. having full notice of the
bankruptcy, can deliver np the bilb in
quedion to C. or even to B. himfelf,
without being fubjeft to'ana^ionof
trover from the afligncet of B. if they
iTloald tender tke one hundred and fify
fcunds, and danand the bilh \ for though
1 am of opinion that B. or his aflignees
could not recover cither in law or equity
the amount (ff thi fe b:Us a»a'tn A C. if it
can be clearly proved that they were ac
ceptcd merely for accommodation, and
without any vatuihle confideration, yet
1 doubt whether D. can take upon him-
felf to decide between them, and he
would certainly do it at his own ri{k. If
the bills are over due, then i think C.
need have no apprehcnfion, from their
falling into the hands of the a/r:^nees.
fiut if the bills are not yet due, and the
afllgnees getting the poffefTion of them
from the banker (which, on tender of the
one hundred and frfty pounds, I think he
could not refufe) fliould be difhoncft
enough to pay (hem away fer a. valuable
confideratk)n to persons who had no no*
tice of their being mere acoommodation
bills ; C. could then make no defence
againft fuch hokiers of the bills.
If the aiTigneet are fair men, 1 (houki
think, on being informed of the tme dr*
cumftanoes of the eafe, they would ooo*
fent to the delivery of the bilb to C. BaC
if they will not, 1 think tlie inofl fecure
way for all the parties will be, for C. t»
file a bill of equity againft B. D. and tbe
aJiiJteet •f B. praying that the bilh may
be delivered op^ on payment of tbe fum
of one hundred and-Hfty pounds doe ta
D. and that he C. ma^ come in as a cre-
ditor to that amount upon the eflate of B.
which I Aiould think might be done at ne
very large expence, a^ a very ibor% bitf
wuuld be fufficient. But if there h no
apprehenfion of the aflignees getting pof*
fcfTion of the bills vcAfnytng themtvMy
before due, it wiU be moft prudentfdrC
to he by, as I am clearly of opinkAn, thM
the amount of the 6ills can never be
ftrcoYered ag^inft him by any perfon wlia
has notice that they were accepted with-
out confideration.
J. A^Afl.
Off PROMISSORY NOTES.
>./« ». ^hr i^iODLEStX, j: A. B. complains of C. D. being, &c. in
4«' ''*"'^a plea of uefpa& on the eafe, &c< for that whereas the bid de-
By payee.
5+»
^ndant heretofore, to wit, on (a) the feventh (b) day of 0(5lober|
A* D. 1790, to wit» at {c) Weftoiinfter, in the (aid county of
Middlefex, made and figned [d) his certain note in writing, com-
monly called a promiflbry note, bearing date the day and year
eiforefaid {i)^ and (i) thereby promifed (/) to pay to the (kid (<) ^'«'« 3*1*
plaintiff, by the name of Mr. A. B. or order, four months ^fter
the date* of the (aid note, the fum of ten pounds ten (hillings for
value received bv him the faid defendant, and then ^nd there deli^
verpd {g) the faid note to the faid plaintiff; whereby, and by reafon
of which faid feveral premifes, and by force of %e (l^tute in fuch ^^dL
ca(e made and provided, the faid defendant became liable to pay to
the faid plaintiff the faid fum of money in the faid note fpecihed,
according to the tenor and effe^ of the faid note [h)\ and being fo
liable, be the faid defendant, in confideration thereof, after ward*:,
to wit, on the fame day and year afopelaid, at (/) Weftmiofter
'O.
(tf ) It w^s formerly th« pradice (and
indeed we now frequently meet with it)
to alledge the note to be nude afttt tbi
frfi day of May 1705 (the day mentioned
in (latute 3. and 4. Anne, c. 9. wh;ch
gives the adion on proniiirory notes) $
but as the note itfelf appears to be made
fubfequent to it, there is no neceflity to
titke notice of it $ though it may be
otherwife in cafes where the day fwt forth
is materijiL In that cafe, 45 the Itatu^e
fpeaksof a tiling as arifing after a parti-
cular day, fo it (hould be otherwife (hewn
than under a faJkctf or by an allegation
that it noc materiaL In l^ort, it (houM
be poiitively alledged to have fo happen,
edt in order to bring the cafe within the
liatute.
(6) Ibe day it material in this cafe, as
it defines the contra^ on which die
aAioa is bcought. x . Stra. 22.
(r) The pla^e is tit matrrial \n sai R^ioa
upon an inlaiut note, nor do I conceive it
to be fe in the cafe of a f^rngn one j
though it is otherwife with bills of ex-
^an^i which are governed by local
^aUoms as well as pofitive Aatutes : yet
^t is ufual, wliere a QOte is made abroad,
and fo appears upon the face of it, to
alledge it to have been made in parts
beyond the feas, that is to fay, at Ja-^
ma^a, in :hi W^fi J 4i"f to wit, at WeA-
minfler (the (fual venue).
{d) This is the word ma^^e ufe of in
the flattite of Anne ; and it fcems to
have tlte preference of the ufuaJ word
Jubfcnbcdy inafiTtuch as it is equally appli-
cable to a fignature by « mark as to a
wiittcn one. According to pne decision
(2. Lord Raym. 1484.), however, nei-
ther one exprefTion nor the other is abib*
luiely neceflary, both being included in
the word made. Vide alfo %. Lord
Faym. 1377. and 15^1. Str.699.
(e) If the note have no date, you wIQ
omit this allegation of courfe. 2. Show*
(/) Be careful to recite the note aqp 1
curatrly, as a variance will be fiital. L
You need not, however, recite it literallyi T
as in the cafe of bad fpelling and fucl| 1
like inaccuracies.
{g) This feems to be a material alle*
gatipn, as the bare making of a note^
without deTwering it, feems ofn* avail y
yet the want of the averment may be
merely an informality, and of courfe th^
fubjed of ao fpepial dpmurrer, and inca-
pable of being taken advantage of in any
other way. \t alfo feems to be more
Ibrmal to ftate the delivery of the note
afier the recital of it tlian before, and then
go on and (ay, that by veafpn of the feveral
premifes (of which the ef^livery is one)
and by force of the ftatute, tec the de*
fendaot became labk. 1
{h) This will ever be the cafe where
the adion is between the origmal fardt^
CO the note ; but where It is brought a-
gainft an inderjer or oilier cellaWc^ party,
in con&quence of the drawer*s default
at the end of the time appointed for pay-
ment of the note, there tlie ohiigatkm of
payment 00 fuch indorfer or third perfoq
is i nme^iate ai:d d\r€£i^ oty in legal lan^
guage, Mpon requefl, and not eucordmg u tb$
tenor of^ or in any manner dependent ug«
on, the note or inArument.
(f ) As the promife is a iranfitory mac«
ter, we make no difference in the plat*
bet f , though ^he note be a foreign one.
^n the bef^nning of the decUration, the
place where the note was really miMie i«
fet out as defcriptive of the inftniment,
but here it is only applied to the promife,
which, being tranfitoqf, requires no (fc^
ciiic dcCcripti^n.
z J
^rc&idt
S4»
ASSUMPSIT GENERAL.--ON PROMISSORY NOTES.
1%) t%. MbcL
aforcfaid, (i) undittook^ and faithfully promifed the faid plaintif^^
.to pay him the (aid fum of money in the faid note (jp^ci^td (/)*,
according to the tenor and effe^f of the fold noU* And whereaf, &c.
(It is ufual toadd a Countfor money had and received, of which a
note has been deemed (2) evidenjce ; biit as it feems to be better
Crajtv.Viog. ^^'^*'^*^^ of an account ftated^ make a rule of inferting fuch a
haii,Burr;x$i6. Co^nt : and by >^^y of caution, when the adion is between the
original parties, it' is prudent to add Counts upon the confidera'^
(O B. R. E» tion (3) of the note,Ieftthe plaintifFfbould not be ^ble to eitablifl)
18. Geo. 3. the drawer's hand-writing.)
Ptckham v. 7 , & /
n^ood^ Bl. 445. Batlrj on BilU amS Notes, 4.S. 17. Morrifon <v Lee, 6. R. H. 26. Geo. III.
Com. 43. I T. 1^. '40. ». T. R. 71. Atk. iSi. Bull. Ni. PrI. ed. 1790, 274.* Str. ii<5.
Doug. 70S. Cbnfideration illegal, Barr. 1077. ' 5T G«6. 11. 3c. f. 17. : 9. Arm. c. 14. f. t.
12. Ann: ft. 2.'c. 16.' Anon. B. R. H. 26. Geo.' III. But an a^ion will lie ibr the^ money Iciif
(fee Bailey on Billt and Notes, 70.), though .the Confideration may Be mopey knc and bft ?t
I • • : 11 * . . .* . .
(I) As this afTumpfit is merely an
|^mp0t by im^icatiott of law, otit df tHe
j^receding matter, Wtiich is ^n exprefs
aflumpfit in itfelf, fo the want of it may
hp immateriair afttr a nferdl^^ though
perhaps bad, upon ulpeeiai Jamtrrgr'.' It
$s fo in the &«(e of bttlt of exchange
j[Carth. 5 TO. I ord Raym. 5^4. i. S;ilk.
429.)) and of.courfe h (0 in (hat'of pro-
miifory notes, which arc clearlj^ eipr^fs
firomifes In thcmfelves* And in the cafe
of Gregory v. Walcup, it wds held, thlit
in an a^«on againft the nceeftor of a bill
6f ^change, it was' not neceffary to
alledge a pibmife of pa/ment, 'as th^
acceptance h ^n adtual afiuroption, and
the declaration' need not alledge morel
Co(nyiis*s Rep. ^'5. pi. 49. '
' (/) The aHurhpiit niuft of courfe be
governed by' the fame rules as the obli*
garion ch.u ralfed it, and of fionfeqnenoe
mutt be CO extenfive and commenforate
wiih it. Bailey on Bills and Notes, 6^'
Str. 224. ' . • > '
Tayti agalnft
|fl)e EmoUot of
Commop
tlufion
a proaiiif^
^Ot?i
I . V.
FOR that whereas the f^iid fT. l^aym rdpfer)dant's teftator) iq
5 his* life-tirfie, to wit, on the twcntyUhird day oF Augud, A. 0.
^7«i5> ^^ Welhninfter, in the county afprefaid, made and figned
. his certain note in writing, commbnly called, &c. bearing datc^
&c. and thyreby promifed to pay to the faid^ &c; by the name of^
&c. [fee laft PrecederitJ, add then arid there delivered, &c, ;
whereby, and by reafon of wliich feveral pcemifes, and by force 6f
the ftatutc, &c. the'faid W. L. /« his lifetime became liable tq
bay, &c. according, &c, 5 and being (o liable, "he the faid W. L.*
in confideratioa thereof, afterwards, in his lifetime, to wit', on, &c,
at, &c.' undertook, &c. And whereas the faid W. Layton srfcer-
wards, in his lifetime^ to wit, on, ^c. (fame day kfter the note be-
came due, fj as it be before the death of defendant's teftator. j
(Add the Counts fpoken of at the end of the preceding Precedent^
I con- with the following coiiclufi6n.j Yet the faid IV, Layt7n (de-
•in af^ fendant's telbtor j in h's lifetimej and ihie faid defendant after bis
ndin£(
craftily ^iid fiibtilly to deceive and defraud theiaid plamtiflFin thi|
behalf, hath not, nor hath either of them, paid the faid fs,'vera] fums
of money i'rt rhofe promifcs and undertaknigs mentioned, or any of
tither 61 them, or any part thereof, to tn'j faid plaintifF, although fo
•%i
By P A Y E E. >|J
to do the (zii Wiiliam LayUnin hi% lifetime^ to wit, on the day and
year laft aforefaid, and often afterwards, and the faid defendant
iifUr the death of the (aid W. Layton, to wit, on the dav
of , A. D« , (any day after the death of defendant's
teftator» and before the bringinjz of the aAion J and often both be-
fore and afterwards, were refpe^ively requefted bythefaid plaintiff,
to wit, at, &c. aforefaid, in the county afbrefaid \ but they, or
either of them, to pay the fame, or any part thereof, have, and
rach of them hath, wholly fefufed and pegleded, and the faid
defendant ilill refufes to pay the fame to the faid plaintifF, to the
damage of him the faid {damtifF of fifty pounds; and therefore
be brings his fuit, &c«
FOR that whereas the faid defendant, in the lifetime of the faid Exeeuttr tf
yl (plaintift's tc{lator),to wit, on,&c. made, &*c. (as in the laft ^J^. *•**"*
Precedent, oniy fubftituting the plaintijff's teflator for defendants) j ^^*
and whereas the faid defendant afterwards, in the lifetime of the
faid A. (plaintifPs teftator), to wit, on, &c. (any day after the note
became due, fo as it be in the lifetime of plaintiff's teflator), [the
fame Counts as in the laft Precedent, with the following conclu-
fion.] Yet the faid defendant, not regarding, &c« but contriving. Common con-
&c. craftily and fubtilly to deceive, &a the faid jt. (plaintiffs tef- dofionto a de«
tator) in his lifetime^ and the faid plaintiff, executor as aforefaid, ^,Jf^ « fjjj
Jince his death<^)x3Xh, not paid the faid feveral fums of money in thoie of an Executor*
promifes and undertakings mentioned, or any or either of them,
or any part thereof, either to the iaid jl. (plarinttfPs teftator) in his
lifetime, or to the faid plaintiff Hnce his death, although fo to do he
the faid defendant was requeftedby the faid jt. (plaintiff's teftator)
in bis- lifetime^ to wit, on the day and year laft aforefaid, and often
afterwards, and by the faid plaintiff as fuch executor as aforefspd
Jinct the death of the faid A, (plaintifPs teftator), to wit, on, &c»
(any day after death of plaintift's teftator, and before bringing the
action), and often both before and afterwards, to wit, at, Sec afore*
faid 'y but he to pay the fame, or any part thereof, bath always
hitherto wholly rcfufed and neglected, and he doth flill refiife, to
pay the fame ^o the faid plaintiff as fuch executor as aforefaid, to
the damage of the faid plaintiff, as fuch executor as aforefaid, of
pounds ; ai^d therefore he brings his fuic, &c. : and he alfo
hrings into court hefe the letters teftamentary of the (kid A.
(plaintiff^s teftator), whereby it fiilly appears that the faid plaintiff
is executor of the laft will aqd teli^ment of the (aid A, z^A hatb
^dminiftration thereof, &c,
FOR that whereas the faid 7- ^^^ ^* ('^^ defendants and p ^ psrtnm
makers), at the feveral and refpeclive times hereafter mentioned, agaim^ AUken^
a note made by one ef them, with diredlons 9^ to, 4pcUration on note crude by both*
Z. 4 werp
•pTT
ASSUMPSIT GENERAL—Ov PROMISSORY HOPES.
pere (a) partmrs znA joint dealers together in trade and com •
fnerce, to wit, at, ice, in, &c. and the uid J. and T. being fucb
partners and joint des^ers together, the faid J. 6n, &c. at, &c.
aforeiaid, for (bj bimfelf, and the faii T^ his partner'^ made and
figned a (c) artain note in writing, commonly called, &c* beariw
f]ate, &c. and thereby, ybr (b) himfelfand hi^ faid partner^ promi/em
fo pay to the faid W. and M. or their order, &c« &c. s^id then and
there, for (p) himfelfand bis aforefatd partner^ delivered fhe faid
PQ)te, &c. \ whereby, and byreafon of which faid feveral preoiifes^
and by force of the ftatifte, the faid J. and T. became liable to pay,
^c« ; and being fo liable, they the faid J. and T. in confideration
thereof, afterwards, to wit, 90, &c« at, &Cf undprtopk, &c*
(tf) Where the note (like that in
flucrtion) Is given by one partner only
for himfclf and his (.^mpanion, thtre It
feems proper to Aate a paitnerfbip, as in
the precedent before us, in order to
render it obligatory on the non fubfcrib-
ing partner. But where it is Agned by
all the partneis in a houCe, or by all who
;ire intended to be bound by it, it may be
iinnecefl^ry to Aate anything like a ge-
neral partnership in the courfe of trade,
as, wiiriher it cxiA or not, the pa}*tics
are bound by their fignature^ independent
of any other circumftapce. So, for a
£milar reafon, it may be. unneceflary ^
ilate apartnerihip in the JPtfy^ei,- where a
pote is payable to them ^ by name :
but where it is payable to only ome of
them and Co, there it perhaps may he
necefHiry to ayer the f3i&. of a partner-
Ihip, as it is from that circumflance
coupled with the note or contr^d, an4
not from the note (imply» chat any bjt
he yvho is immedUtcJy named derives
any incereft in the inflrument.
{h) This and the fimilar allegations are
material. Vide Lord Raym. 1484.
(e) As the nore in queflion is neitbe^
*t}te contra^ of'one ak>ne, nor the >gn*
mediate a£l of both the drawers, (o ic
feems better to dcfcnbe it as a note ge-
nerally, than as the fpeci^c aQ ffr con-
tra^ of either one q^ both of the paniet
to be bound by it.
frveral DOte^
f^jiet tgalnft FOR that whereas the faid defendant and one y. B, (a), oni
9ne Maker {h), g^^^ j^f^ g^^. made and figned their ♦* certain note in writin2:> com-
upon J >«if and ^^^^j^ ^^,j^j^ g^^^ bearing date, &c. and thereby jointly andfcve^
rally promifed to pay, &c. and then and there dJivered. &c. ;
whereby, &c. the faid defendant became liable, &c. ; and being fq
liable, he the faid defendant, in confideration, ^c. (AfFumpfic
accordingly.) And whereas, &c. (Add another Count as upon
a note by defendant alone, &c. by leaving out what is in italic, and
iiiferting the word in the margin.) •
(tf ) If three iijake a note («) jtkntly^
mdJeveraHyjyon may not declare againft
/Ytw of them jointly, the third living, but
you may again/t all three jointly, or agaii^
inch ofthetrijeftarateif : fo determined by
I.prd MansijcM, in the cafeof TumbuU*
at Sittings CuUdball, abou^ tlie ytar
'f777-
(h) Tbifi is the ufual way of declaring
on a jw$i and fe^wa^' n^te, though we
will have lefs to prove under it, having
the fubfcription of ♦w of the drawers
rnly toeftablifh, inttead of that of for^ |
and when the n.^te is in the SzjmR.nn^
it is the proper Count, as appears frwn
the following cafes : Ovington and
Ntale, Stra. SX9. and Lord Raym. 1544.
On erroft in B. R, a judgment in fav&ur
of plaintiff was revcrfcd for want of the
plaintiff's fhewing a title en bring a
Kidom ufe more than the jrrmJ Count, feparate adion againfl one of the makers
Which is (h/Kcienty and indeed feems the of a note, by X9foni^mi8im autjef0ra:m j
setter Count of the two> as ilie plaintiff for by the prefent dcclaraton he oolyf^ysi
(«) Cowp. 831, £iuT.a6i4, Burr. 313.
By P A Y £ E.
m
|w iMi^iSior toit other caufe efsAiony
jmd the note does not import they pro*
ihifed feveraliy ; for the note fet out Iff
that they promifed jointly or feveraliy,
:«rhich is not pofitive that they promifed
Ihrerally, for it ousht to htvc beeni that
pttey promifed jointly and feveraliy. In
Stra. 76. Butler and Maliify, on a fimiiar
Aote as in the preceding cafe^ xm de-
nnirrcr, it vas inftfled for defendant.
Chat the adion (hoold have been t>rou^ht
JIgaittft ietb. £t per barker, C. J.
The plaintaff might have braufiht it
againft atbtr or hvth, for he had his
cJedlon {. if the aAion had been againft
b«thy br ihpuld hoy^ declared as he now
doet ; but that is not right in the adion
9piiA onconlyy ibr he flieuld have de-
oiared genetaSy, that this defendant^ by
bh note^ promifed to pay ; and a feverai
note by two would have been good evi-
dence. Suppoie the note had been for
fifty pounds or one hundred pounds, the
plaintiiF is entitled to either, but uncer-
tain which till he has made his eledion \
for he that fpeaks in the tUsjunfflw, fayi
true, if either memhfr of the disjunctive
be veri^ed {b) ) whereas he who fpeakt
in the affirmative affirms both parts to be
true. In the cafe of Rees and Abbot,
Covirp. 1832. (r), the court of B. R«
held, that J9intiy ok /(nrertliy^ and jmntlj
AKD fivfira/ly, were fynonymous, and
that the eledlion whether the note IhaH
be joint or feverai is in the perfon tf
whom it is pay^le.
{b) Bai% on Bills ^d Note^, 56. (c) Str. 7$.
FOR that whereas the faid defendant, before and at the time o'^^^rfL/VA*^*
fhe makii>e of the note hereinafter mentioned, and afterwards, was ^^J^ ^^^ fj!
f goldfmitb {a)^ and a trader in that buiuiefs, and pne R^ W. was, ^ note drawn ^
iTor and during all that time, a (^)fervant of the faid defendant in his (i) CUrb of
his faid bufinefs, and ufually entrufted by him to fign fuch notes. Servant,
to wit, at, &c. aforefaid ; and theiaid defendant b^ti^g fuch gold- (i)LordRayni.
fmith and trader a8 aforefaid, and the iaid R* W, being fuch fer- 1759 14S4.
vant to him as aforefaid, and fo entrufted as aforefaid, lie the faid P®"?- ^3<^
R. W. to, &a at, &c. as fuch feryant of the faid defendant as coJb°^'i^
aforefaid^ and for him the faid defendant made and figned a certain ». Mod 34^^
note in writing, commonly called, &c. bearing date, &c. and Mod. no.
thereby as fuch fervant of the faid defendant as aforefaid, and for
fajm the faid defendant, promifed to pay,.Jcc. ; and then and there^
as fuch fervant to .the faid defendant as aforefaid, and for him the
faid defendant, delivered, &c, ; whereof (b) the faid defendant af-
terwards, to wit, on the day and year aforefaid^ at, &c. aforefaid,
jiad notice : lyhereby, and b^y reafon, &c. and by force of the fta*
{a) As the notes of thefe ibft of
traders are generally made by their ;Wf,
JTo the Legiflature has had an eye to them
in particular, as well as to notes made
by the perfont who are to pay them ; and
It 4ft upon this ground tlut the dedara -
(ion is varied from one upon a note made
by the fervam tf a perjm not a tradtr \ the
unufoaJ averments anfe out of the flat,
(a) which «i^.
(b) In the old declarations on notes
like that in queAion, there is an aver-
ment of the note*s being prefented for
payment ^ but as there can be no more
neceffity for an averment of that kind
|lfrc ^han in the 9ale of an ordinary oo«e>
fo It nuy be omitted ; and indeed it it
imprudent to have it in, leil it fhould
burthen plaintiff with proof. Yet as the
npce is not tlie immediate ad of the per*
• ion who is to pay it, fo it is perhapt ne-
ceiTary to bring the f a^ within his know,
ledge by the common averment of. hit.
Ijaving notice of them. This anfwers
all the end of the averment of the note't
being prefented, and being an averment
of a fa£i, not fpringing from plaintiif
himfelf, but deducible from all the cir*
cumdances of the cafe, rtOiy be uken by
prcfumpcion fro.n thofe circumflances,
without burthening the plaintlfT with an^
pofiiive evidence of the UiQi iXit)L
{}) }. and j^ Aim. c. 9.
tut<;,
S46
ASSUMPSIT GENERAL.-Ok PROMISSdRY NOTES,
tutey &c. the faid defendant became liable, &c. and bein^ fi> lia-
ble, &c. he the faid defendant, in confideration, &c. undertook^
&c. (c)
(c) It (eitoM ofual to add a Count
upon a note as made by defendant him-
felf I but it is difficult to conceive either
tlie neceffity or utility of fuch a Count $
and indeed it (houkl feeni impropefi as
notes like the one in que (lion feem to
Aand upon their own circumAancei, and
to be treated of in the ftatute as
diftia^ irom notes made by the party
who is to be char;ged by them: how*
cver> it may be inferted out of cau*
tion, leii the cuflom flioyld be inaccu*
rately Aared.
Befides the difference between this de-
^aration and the ancient form in the re*
fpt€t alluded to In the preceding
cote (^)t it varies from' it in this : Ac-
cording to Che ancient form, the adion
frems founded on a cafe rather than an
ad of parliament, as the cafe really is,
(vide tiie next Precedent). Thar fuch a
cuftoro is gcod» and does in faft cxift,
is undeniable j but whether it does or
does not feems perfe^ly immaterial, as
the iUt. of Anne cxpref»)y gives an a£lion
upon the n«te independent of any
puftom whatfoevcr ; of couffe therefore
it follows, that nothing more be ftated
than the fadb of defend «nt*s being one of
fbe trtdcn mentioned in the a6t, and that
the drawer of the note was a fervmnt of
the defcription ther^ fpoken of. How die
declaiing upon a cnAom firft obtained,
is rather difficult to determine i but from
ail we can coUea, it is Lkely .to be as
IbUows ! Before the (lat. of Anne, when
no adion could be maintained upon the
note itfelfy as fuch merchants and plead-
ers ufed every endea.vour to pat cheni
upon the fimae footing as bilU of C3p.
change ; with the former they were al*
ways confidered as fuch, and the latter
attempted to declare upon ihem aooocd*
ingly, and, in analogy to declaratioas
upon bills, had recourfe to the cuftoin of
merchants in their pleadings 5 but tbi%
was foon over- ruled, as will be fecn cis
bills of exchange, and the itat. of Aiine
made to remedy the inconvenience.
The pradice of declaring upon them
as under a cufknxf, however, hnvin^
once obtained, it is prpbaUe that it con-
tinued even atter the ilatute : and tfai^
idci feems conAgned in the circumflance
of no notice being taken of the ftatut^
in the MMaratitns ; nor indeed does it
appear by thofe declarations, but the can^Q
ofatlipn arofc before fuch lia)ute«
G^ mr!''''on a LONDON, f. That whereas the city of London now 13
noie^'drtw^"by ^^ ^^^^ *^"^^ immemorial hath been an ancient pity j and where-
thc(i) Servant, as Within the faid city there is and from time immemorial there
aiiedgmg the hath been this c^iflom, ufed and approved of, to wit, that if any
fufltm •/ l^vtfervant of any goldfrniih^ or of any other perlbn in the faid city
GoidfmUh liable ^''^^*"£ ^^^ "^^"S Commerce in receiving and paying money, em-
for the a<as of P^'^dand entrufted by fuch his mafter in keeping and writing of
hisftrvant, Doots and trills or notes cor^cerning fuch receipts and payments.
lhoi|ld make any bill or noU fubfcribed with tfye proper band ana
lent*' ^fl«^ offuchfervanty 4nd by fuch his bill or nqte pron^ifc to pay
for fuch his mafter, to ariv other perfon on fuch bill or note
named, or bearer on demand^ any fum of n^oney in fuch bill or
note mentioned, then fuch ma,ftcr of fuch fervant fo making and
fubfcribing fuch bill or note, from time immemorial hath been lia-
ble, and hath bee^ accuftomed to be liable, to the payment of fuch
fum of money mentioned in fuch bill or note, to fuch perfon nam-
ed in fuch bill or note as was fo promifed or exprefled to be paicj
on demand, according to the tenor of fuch bill or note, to wit, at
* London aforefaid, in die parifb of^ &c. in the ward of, &c. And
lyhcrca^
(i) See
i'ak Precedent
By payee. Jfy
^ereas the faid defendant, at the time of the making of tho
note hereinafter mentiofied, to wit, on, &c. at, &c. aforeuid, wa^
a goldfmith, and a trader in that bufinefs, and a peifbn there trad-
ing and ufing commerce in the receiving and payingof money ; and
pn 'the fame day and year, and long before and afterwards, one
Richard Wood was fne feryant of the faid defendant^ ^nd was by
him employed and entrufted in the keeping and writmg of books
and bills or notes concerning fuch receipts and payments ; an4
the faid R. W. fo being the fervant of the faid defendant as afore-
said, and fo bcjtng employe4 and entrufted as aforeCkid, he the faid
R. W. op the faid nineteenth of September in the year aforefaid,
at^ &c afoteiaid, according to the laid euftom, made a certain note
in writing, bearing date the &me day and year, fubfcribed with
the proper hand and name of the faid R. W. and by that note the
j(aid R. W. promifed to p^y to the faid plaintiff^ by the name, &c»
of) ice or bearer, on demand, two hundred and thirty pounds for
the (aid defendant (then being his nufter as afbrefaid) ; whereby
the rkid defendant, according to the laid cuftom, became liable to
pay to the faid plaintiff on demand the faid two hundred and thirty
pounds mentioned in the faid note, according to the tenor of the
laid note, and according to the faid cuftom ; and being fo liable,
the £iid defendant, in confideration, &c undertook, ice, and al-
though the faid plaintiff afterwards, .to wit, on, &c. at, ice. afore-r
faid, fhewed zndprefentedtht faid note fo made by the faid R. W,
as afxM'efaid to the faid defendant, and demanded the payment of the
laid fum of two hundffe4 and thirty pounds therein fpeciiied of the
faid defendant, yet tt)e faid defendant, not regarding, &c. (common
jpondufion. llien add a Count for two hundred and thirty
pounds, as if the faid note had been made by defendant himfelf;
money lent; money had and received; and comnion conclufioq
y> three lafl Counts,)
^^DDLESBX, Jf. TP. W. adminiftratrbc, &c. of S. T. dc- ^^fir^tn^
peafed, with the laft will and teftament of S. T. annexed, againft ^^^ 't'eTc^
J. L. for that whereas before and at the time of the making awiJ^ft a S'-
6f t^e promises an(} undertakings hereafter mentioned, and after- viving Partaer^
wards, the faid defendant and one M. C, now deceafed, and whom maker,
the faid defendant haxhfurvivedj v/cre partners and joint dealers
together in trade and commerce, to wit, at, ice. and the (aid de-
fendant and M. C. being fuch partners and joint dealers together,
iht faid defendant, in the lifetime of the faid M. C. and alfo in the
* iifctiijie of the faid S. T. '(p}aintiff*s £eftatbr,) to wit, on, &c. at»
&c. aforefaid, for himlelf and the faid M. C. his faid partner,
made and figned a certain note (&c. as in declaration ante, {q.
343. Bayfesy &c. againft Drtiwerh partncHy on note made by one
df mem/ till you have ftated the delivery of Ae note, then proceed
as follows) : whereby, and by reafon, &c. and by force of the fta-
tiJte, &c. the faid defendant and Al. C. in the lifetime of the faid
M . C, and alfo in the lif^ime of ths faid 5. 7\ (plaintiff's tefta-
J4» ASSUMPSIT GENERAL— On PROMISSORY NOTES.
tor,) became liable to pay to die bid S« Tt the faid fum of mo-
ney in the faid note fpeciiied, according to the tenor and cffecl
of the faid note ; and being fo liable, they the faid defendant and
M. C. in the refpe£live lifetimes of the (aid M. C and S^ T* to
wit, on,&c. at, &c* undertook, &c. And whereas^ &c. (the ufual
Ctncfujwi in af- common Counts, and the following conclufion) : Yet the faid de«
fompiit at fuit fendant and M. C. (deceafed partner,) in the lifetime of the iaid
pf jUmmjlrMrix ^, Q^ ^,^ J ^jjg fj^j J defendant^ after his deceafe, not regardtng|
^mzF^tHnl ^^" but contriving, &c. to deceive and defraud the laid S. t!
• ' (plaintifF's teftatorj and the faid plaintiff, to whom admini-*
ilration of all and lingular the goods and chattels, rights and cre<-
idits, which were of the faid o. T. deceafed, at the time of his
dea^, with the will of the faid S. T. after the death of the (aid
S. T. to wit, on, &c. at, &c. was by, &c. in due form of law
c<xnmitted,) after his death, in this behalf have not, rK>r hath ei-
^er of them, paid the faid fevcral fums of money in fuch promifes
and undertakings mentioned, or any or either of them, or any part
thereof, either to the (aid S. T. in his lifetime, or toth^fatd.
plaintiiF, adminiftratrix as aforefaid, ftnce his death, aldiough (^ )
to pay the fame the faid defendant and M. C, were requeftcd by
the faid S. T. in the lifetime of the faid S. T. and alfo in the life-
time of the faid M.C. to wit, on the afore(aid day of in the year
fUbrefaid, and often afterwards, as was the faid defendant by the faid
S.T. in his lifetime, and by the f<iid plaintiff, admtniftratrix as afore-
faid, after the death of the faid S. T. and after the de^th of the
faid M. C. to wit, at Weftminfter aforefaid) \ but they the (aid
defendant and M* C to pay the fame have, and each of them hatfa,
iilwavs wholly refufed, and the faid defendant A ill refufes to pay
the fame to the faid plaintiff, adminiflratrix as aforefaid, to the da-
Hiage of the faid plaintiff, as fuch adminiflratrix as aforefaid, of
, 1. fuit» &c. And (he alfo brings into court here the let-
ters of .adminiftration of the faid S. T . bearing date the day and
year in that behalf above mentioned, with the will of the faid S. X,
annexed, which fufHciently teftify to the Court here the g;ranting
the adminiHratjon aforefaid to the faid plaintiff,
{a) The faA» pf this averment cannot ment is drawn upon the id?a -of defciicl*'
be iraterial, though it is ufual to make it iint*s partner t^aving died bc^fve plaii^-
agrceabie to the realcircumAances of the tiff's tcila^r.
cafe if they arc known. This aver*
^'d^'^lTt^ ^h LONDON, to ^\t. . J. H. efcjuire, adminiflrator, &c of
^TJT .,ll^\v\ M. B. efquire, deceafed, limited until the original lafl will and
fnittci until tfic ^ ^ 1 r • I 1 > 1 .r 1 % i-
originai will, or teftamcnt of the laid deceaied, or an s^tteited copy thereof)
a copy thereof, (hould be brought into and left in the regiflry of the court
fliouidbebrought Qf the Archbifhop ot Canterbury, Primate ot all England, and
into the Arch, metropolitan, and letters of adminiftration to the will ajmexed, of
biihop s court, * ' ^
of Payu of a note of land, Carolina currency, again/^ Maktr for non pn/men^.
fir P A V E fe. J49
ili and fingular the goods and chattels and credits of the oeceafed
ihould be applied for and granted by the faid court, but no further
or otherwife, or in any omer manner ; complains of Sir J. W.
bart. being, &c. for that whereas the faid Sir J. after the firft day ^^^^^ **^"^^
of May, which was in the year of Our Lord 1705, that is to fay^
on the' feventh of December 17749 at Sulannah in Georgia, that is ^
to lay, at London, &c. made his certain note in writing, com«*
monJy called a promillbry note, his own proper hand being there*
to fubfcribed, bearing date the fame day and year laft aforeiaid, and
then and there delirered the faid note to the faid M. in his lifetime}
and by the fame note then and there faithfully promifed to pay to the
(aid M. in his lifetime by the name of, &c. or order, on or before
the firft of February next following the date of the faid note, eight
thoufand eight hundred and two pounds five (hillings South Caro-
lina currency, with intereft from the date thereof, for value re-
ceived ; by reafon whereof, and bv force of the flatute. in fuch
ca(e madeand*provided, the faid Sir J. became liable to pay to
the faid M. in bis lifetime the faid fum of money mentioned in
the (aid note, according to the tenor and tffcA of the faid note ; and
being (b liable, raflfumpfit, &c.) And .the faid J. N. avers, that the
faid eight thouland eight hundred and two pounds five (hillings
South Carolina currency, at the time of making the Odd note, was
and from thence hitherto hath been, and ftill is, of the value o^
&c. to wit, at, 8cc« (Goods fold, &c. Another Cocmt oa
the note, and prtrfentment after it became due, &c) Yet the faid
defendant, not regarding, &c. to the (aid Jofeph, after the death of
the faid M. to which faid J. adminiftration ot all. and finzular the
goods, chattels, and credits which were of the faid M. at the
time of his death, limited until the original will, &c. to the da-
mage, &c. : with this, that the faid J. will verify that the ori*
ginal laft will and teftament of the faid deceafed, or an authentick
or other copy thereof, hath not yet been brought into or
left in the regiftry of the court of the archbiftiop, and letters
of adminiftration with the fame annexed of all and fingular the
goods, chattels, and credits of the faid deceafed been applied for or
granted by the fame court, and the faid letters of adminiftration
are now in full force and effe<St Geo. Wqop.
WHEREAS, &c. f State all the i^irCumftances of the note, ^^^1^,^^^.^
with. the liability and aflumpfit to pay as the €a(e (hall require; ga*nft the A/^"^
then iniert the following averment and conclufion) : And the faid «r, tvh-.rt^aito/
plaintifF avers, that although the (aid defendant hath paid a pTkTtoffi^tmortybathcfM
the money mentioned in the afbrefaid note, that is to fay, the fum ^"^ v.^>
of, &c. to the faid plaintiff^ to wit, at,&c. aforefsdd , yet the faid
(«} The only part of this Precedent ttmng fr^perly from (be other fiU^ and the
that was worth preferving is the aver^ bre.ch of the Affumpfit on which the
ment and conclufion, though they are fel. aAion is brought being of fuch a nature
dom or never ufed ; the practice being as not to reqiitrt proof or r0i», b»t of afvy
totgJttm notict ef « payment in fart^ f> part nicre^.
Xs^
ASSUMPSIT GENERAL-hOn PROMISSORY NOTE5,
defendant, not regarding, &c. but contriiring, &c. bath mtasytt
paid the refidue of the laid fum in the iaid note fpectfied, or any
part thereof, to him the faid plaintifF, (aithoQgh fo to do the £uA
defendant was requeued by the faid pbrinuiF, as well at the
end of the time appointed for the payment of the money in the (aid
note fpecified^ to wit, on the (b) day of in the
"ear aibrefaid, as afterwards, to wit, at, &c; afore&id,) but, &€«
lath hitherto wholly i-^fufed and neglected, and ftiH refufes fo to
do, to wit, at, be. aforefaid^
(^) Dayof payment^ including <Iay» of ^ce.
'ha
{^yPayeta^ndt 'f fiAT wheTcaS on the twenty, fcventh day of Jun-e A,D. 1730,
^^^k^^jL^^ at, &t. made and figncd his certain note, &c. and theseby ac-
^ndattrT «J^ knowledged himfelf to have borrowed and received, on the bid
tame rf age. twenty»feventh of June in the year 17*20 afoiefaid, of the faid
plaintifF, the fum ot one.thoufand pounds, being fpr the purcfaa-
fing for himfelf a lieutenant's commiffion in the firft /egipient of
foot guards, under the command of the right honourable the Duke
of Marlborough, and which faid one thoufand pounds he the faid
defendant, in and by the faid note, promifed to pay on demand,
as foon as his wife Jhould attain the age of twenty-one yearsy
ana then and there delivered, &C/ ; whereby, and by reafon, &c.
and by force of the ftatute, he the faid defendant became liable to
pay, &r. according to the tenor and effedt of the biA note ; and
Averment thjrt being fo liable, &c. (aifumpfit ac€X>rdingly). And whereas the
wifebM attained f^y defendant heretofore, to 'wit, on the day and year aforcfaid,
t *-^ ""^e^*"' *^' ^^' aforcfaid, (indebitatus affurapfit for money ** borrowed
and received of plaintiff by defendant -/' afiumpfit to pay when
F* the then and now wife of the (aid defendant, ihould attain the
'e of twenty-one years ; another Count for money lent, and like
tumpf^t, and a general infimul computaflfet ; then introduce tb6
following averment) : And the faid plainti^ in fa£l faith, that
athough the faid F, the wife of the laid defendant, at the time of
agi
alli
(a) There are doubn whether the
note be within the ftntute oT noc»
tijoagh It will be good evidence under
either of the common Counts. It feems
Co depend upon a contingency that may
never happen, as the defendant's wife
may never atuin the age of twenty one.
It wUI however ferve-as a precedent for
notes payable upon a (a) certam evint, as
Jedtb or the like. A note makle payable
certainly and at all events is good within .
the ftatute 3. and 4. Anne \ Jtiut^ if it be
(b) coMiingmt^ and (c) uncertain whether It
Qi lU ever be paid or not A note given to
an (d) mfant payable when he ftuU come
qi age is of the ibrmcr kind. i. Burr.
a^7, A:c. A note payable on the death
of G. H (e) fr&mdedhi leaves atber efitif
&c. or, &C. is of the latter kind \ andflv
(feciaration,' being uponanahf^lurt moteimm
not fupported by the pcodudioo of a caa-
iit'imtal one, 1. Burr. 3x5.
(^a) Str. iai7-
(b) B. R. Kingftcm v. Long, M. s^
G. 3. 3. Lord Raym. 67. Lord Rayou
Z361. 13 96. S. Mod. 363. 4. ViB.
4 o. PI. 16.
(c) Port. aSi. 10. Mod. 294. 316.
Lotxl Raym. 1563. BL 781. 3. VilC
aoy. BL 1071. Wilf. 262.
(d^ Bailey on Bills and Notes, la
(3] Burr. 313. Str. 1151. Ooofc
127. 4. Mod. 241.
Biak-
fir P A Y fe £. . 3St
fiiakin? of the faid note herein before mentioned, and alfo at the
time of the making'of the three feveral promifes and undertakings
firft above mentioned, after the making of fuch promifes and under-
takings, to wit, on the eighteenth of January 1732, did attain
the age of twenty -^ne year s^ to wit, at, &c. Yet, ice, (common con-
dufion) that the faid plaintiff did not, ( i ) upon hi^ faid wife'*s at- (i) Bun. a»6.
taining the age of twenty-one years^ pay, nor hatsh he at any other
time whatfoever paid, &c. although, &c. (Lay the requeft as well'
when his faid wife attained her age of twenty-one years as afore-
faid as afterwards) to wit, at, &c. aforefaid^ but he fo to do hadi
wholly refiifed and neglected, and (lill, &c.
THAT whereas the faid defendant, on the twenty-fjurth o( {m)Pajet?tsjSttfi
July A. D. I733> at, &c. [infimul computaffcni] promife to pay Di-awerosk^mie.
« when requejfed:' 2d Count, [infimul compulaflcnt] promife ^^^'^'^^^^^
to pay, twenty fourth Juljr 1734 (when the note became pay- L1,J^, *'
able). And whereas the faid defendant, on the faid twenty-fourth
of July in the year 1733 aforefaid, at, &c. aforefaid, (note .nfiade
by himfelf)* And whereas heretofore, to wit, on the laid twenty-
fourth day of July in the year 17 ^3 aforefaid, at. Sec. aforefaid, tf»tf
Mary Ferrers^ then and there being the fefvant of the faid defen-
dant^ in that behalf for him the faid defendant^ made and figned a
certain note, &c. bearing date, &c. and thereby, for the faid de-
fendant, promifed to pay to the faid plaintiff, by the name and de-
fcription of, &c. or order, twelve months after the date of the faid
note, forty pounds for value received, and then and there deliver-
ed, &c. whereby, and by reafon, &c and by force of the flatute,
&c. the faid defendant oecame liable to pay, &c. according to
the tenor and effe£l of the faid laft Anentioned note ; and being fo
liable, &c. (affumpftt accordingly). [Add the ufual commoa
Counts, except the infimul computafTent, which is already direct-
ed \ and common Concluflon.]
All the Counts may remain, though which Is upon the real cife. It mi^ht
the firil and the third arc unneceilkry. alfo be j|s well were they tranfpofcd, and •
The firft it inconfillent with the H&i the Count upon the note put iirft.
ad the third it included in the fourth*
FOR that whereas faid defendant, on the twenty-eighth of Ja- ^^^<^^
nuary A. D. 1742, at, &c. made and figned his certain note in ^^^Xuf
writings commonly called, &c. bearine date the twenty-eighth of
January 1724^ when in truth and in ra£l the faid note was meant,
i niended, and underftood to bear date the twenty eighth day of
January 1742 \ and by the faid note defendant promifed,. &c. (as
in other cafes). .
on
FOR
i^i ASSUMPSIT GENERAL— Ok PROMISSORY NOTES;
Dedarttion on FOR that whereas the laid defendant, oh, &c. at, &c. made
note payable hy and figncd his Certain note in writing, commbply calle^ &c. bear-
h!^hfi2^n ^"8 ^^e, &fc. and therebv promifed to pav to the faid plaintiff, hj
srTdu^ " ^^ name of, &c. or oracr, thefum of fifteen pounds for ^alue re-
ceived, in manner following, that is to fay, at haifa guima hy the
month fram the date of thejaid note ; and that on the non-payment
thereof the whole of the faid note fbould be in force, and then axid
there delivered, &c. whereby, and by reafon, &c. and by force of
the flatute, &e. the faid defendant became liable to pay to the faid
plaintiff the faid fum of fifteen pounds in the faid note fpecified^
according to the tenor and effect of the faid note ; and being fo
liable^ he the faid defendant) in confideration thereof, afterwards,
to wit, on, &c« aforefaid, at, &c. afbrefaid, undertook, &c. to pay
the iaid fum of money in the (aid note fpecified, according to the
tenor and effe£t of the faid note x • And the faid plaintiffin b£k
further faith, that after the making of the faid note, and after the
making of the aforeiaid promifes and undertakings of the (aid de-.
fendant, and before the exhibiting, &c. to wit, on the firfl day of
November, in the year 1787, aforefaid, at, &c. aforefaid, a great
, part of the faid fum of fifteen pounds in the faid note fpecifie^ td
wit, the fum of five pounds fifteen {hillings and (ixpence, being at
and after the rate of half a guinea per the month for eleven months^
ehpfed fince the making of the faid note, and ending and ended oa
the day and year laft aforefaid, became and was due and payable
from the faid defendant to the faid plaintiff; but that the faid de*
fendant did not then and theie pay the fame, or any part thereof, td
him the faid plaintiff, but therein wholly failed and made de&ult,
contrary to the tenor and effc<9, ^rue intent and meaning, of the
faid note, and the aforefaid promife and undertaking of the faid de-
fendant *, whereby, and accoitiing to the tenor and effeck of the
faid note, and the afbrefaid promife and undertaking dl^ the faid
defendant, the whole of the faid note became and was in force, and
the faid fum of fifteen pounds therein fpecified, became and was
due and forthwith payable from the faid defendant to the faid plain-
tiff, to wit, at, &c. afore&ld ; whereof the faid defendant after-
wards, to wit, on the iecond day of the faidfnonth in the year lafE
aforefaid, there had notice. And whereas, &c. (the common
Counts, ^\ on the day and year laft aforefaid," and the followii^
conclufion) : Yet the faid defendant, not regarding h:S faid feveral
promifes and undertakings fo by him in manner and form aforefaid
»ade, but contriving, &c. hath not as yet paid the faid fum of fif-
teen pounds in the aforefaid note fpecified^ or any part thereof^
^or the faid fums of money in the iaid lafl-mentioned promifes and
undertakings mentioned, or any or either of them, or any part
thereof, to the faid plaintiff, (although fo to do he the faid defen-
dant was requefled by the faid plaintiff afterwards, to wit, 00 the
day and year lad afore&id, and often afterwards, to wit^ at, &c.
aforeiaid) ; but he fo to do hath hitherto wholly refufed, and fliQ
refufes fo to do, to wit, at, &c. aforefaid.
(GO
:&T PAYEE. 353
(GO on as in the laft Precedent! till yoti come to th< end ofDedaratloiiona
tlie afrumpfit at this mark x, then proceed as follows :) And the fimibrnotcwiih
feld plaintiff in faa further faith, that after the making, &c. and ^^r^^jj^'^
before the exhibiting, &c. to wit, on, &c. one month from the date 2,'*2f i^t^f
of the faid note bein^ then elapfed, ten fhillings and fix pence, part hmffupbtdttm.
of die faid fumof nftecn pounds in the faid note fpecified, as and
for the firft of the did monthly payments in the faid note men-
tioned, became and was due from the faid defendant to the {aid
plaintiff; but that the faid defendant did not then and there
pay, &c. but therein wholly failed, &c. contrary, &c. whereby,
ike. the whole of the faid note became and was m* force ; and the
faid fum of fifteen pounds therein fpecified became and was due
and forthwith payable from the ^d defendant to the faid plaintiff;
hereof, &c« haa notice.
(PROCEED as in the laft Precedent \)Ut one, till you come Declaration oti
to this mark 4- at the end of the affumpfit, then go on as fol- *^™''^ ^
lows :) And the faid plaintiff in fafl further 'faith, that although J^^jLj/wtfa
the faid defendant paid a part of the (aid fum of fifteen pounds in rc^ue ' btcma
the (aid note fpecified, to wit, the fum of five pounds fifteen payaiu in cmfi-'
Ihiliings and fix pence, according to the tenor and effeft of the 9'''"':e^/tbeM0M^
iaid note ; yet the faid plaintiff in fzSt further faith, that after the f^J^XS-l!
faid fum of five pounds fifteen (hillings and fix pence had been and „^^ w « «y « *
was fo paid and accepted, and before the exhibiting, &c. to wit,
on the firft day of November, in the year of Our Lord 1795, at,
&C. aforefaid, ten (hillings and fix pence of the refidue of the (aid
fum of fifteen pounds in the faid note fpecified, for one of tfie
monthly payments in the faid note mentioned, becoming payable
next after the payment of the faid fuot of five pounds fi^een {hiU
lings and fix pence fo paid as aforefaid^ became and was due and
.payable from the faid defendant to the faid plaintiff; but that the
(aid defendant did not then and there pay the (ame, &c. but there-
in wholly failed, &c. contrary, &c. whereby, &c. the faid note
became in force as $9 the refidui of the faid mm of fifteen pounds
therein fpecified; and fuch refidue, being a large fum of money,
to wit, &c. became and was forthwith payable from the faid de-*
fendant to the faid plaintiff, to wit, at, &c. aforefaid; whereof the
iaid defendant afterwards, to wit, on the fecond day of (he faid
month of November, in the year aforefaid, there had notice. (Like
Counts and conclufion as in the la(l Precedent but one, varying
only in this, yiz.) hath not paid the faid refidue of the faid fum
of iifceen pounds in the (aid note fpecified, or any part thereof^
nor, &c. to the (aid plaintiff) (although, &c» but, &c.)
(PROCEED as in the three laft preceding declarations, till Declaration on
you have ftated the affumpfit in the Count upon the note ; then ^ <i"^^l^ ''^^
go on with the common Counts, laying the caufe of aftion on a ^^' "•.^'^' •/
fmdf tbuigb fitgkieat. time for the payment •/ the "wboit hat Ja^jed*
Votah A a day
^
354 ASSUMPSIT GENERAI On PROMISSORY NOTES.
day fubfequent to that on which the whole note became Mue; then
go on with the following averment and conclufion:) And the
faid plaintift'in fad further faith, that although a fufftcient tiau
for the payment of the faid fum of fifteen pounds in the (aid note
fpccificd, according to the tenor and effect of the Cid note, hath
long fince elapfed, yet the faid defendant, not regarding his faid
feveral promifet and undertaking^ fo by him, &c» but contri ving^
&c. hath not as yet paid the faid fum of fifteen pounds in the (aid
note fpeciiied, or any part thereof, according to the tenor and ef-
fed of the faid note, or in any other manner whatfoever, nor the
faid feveral fums of money in the fevcral lad-mentioned promifes
and undertakings fpecified, or any or either of them, or any part
thereof, to the laid plaintifT, (although fo to do he the {aid defend-
ant was requcfted by the £aid plaintiflF, to pay the faid feveral fums
of money in the faid promiflbry note mentioned as the fame re-
*^e<Slively became due and payable, according to the tenor and ef-
tetfl of the faid note, as alfo the faid feveral fums of money, as well
as to fuch money become due and payable, as fince the making
of the faid feveral lait mentioned promifes and undertakings, to
wit, en the day and year laft aforefaid, and often afterwards, to
v.'it, at, &c. aforefaid,) but he fo to do hath hitherto wholly re*
fufed, and flill refuics, to wit, at, &c. aforefaid.
Ucditatiott by FOR that whereas the faid C. D. to wit, on the fifteenth
E*€cufnoiPay. day of September A. D. 1789, at Weftminftcr in the county of
te againft Ma^ Middlefcx, made his certain note in writing, commonly called a
u^tbeexecui^ promifTory note, his own proper hand being thereunto fubfcribed,
bearing date the fame day and year aforefaid, and then and there
delivered the faid note to the faid E. F. in his lifetime ; by which
faid note he the faid C. D. then and there promifed to pay, ice-
after the date thereof, to the faid E. F. in his lifetime, (by the
name and addition of Mr. E. F.)^ or order, the fum of fijcty
pounds for value received; by means whereof, and by force o{
the ftatute in fuch cafe made and provided, he the faid C. D. be-
' came liable to pay to the faid E. F. in his lifetime, the faid fum
of money in the faid note fpecified, according to the tenor and ef*
fc£t of the faid note: and the faid A. and B. executors as aforefaid
in fa£l fay, that after the making of the faid note, and before the
payment of the faid fum of money therein fpecified, to wit, on the
fourth day of November, in the year of Our Lord 1789 aforefaid,
at, &c. aforefaid, the faid E. F. died, having firft duly made and
publifhed his laft will and teflamcnt in writing, and thereby con«
ftitutcd and appointed the faid A. and'B. executors thereof; af-
ter whofe drath, and before the payment of the faid fum of mo-
ney in the faid note fpecified, to wit, on the eighteenth day of No-
vember, in the year laft aforefaid, at, &c. aforefaid^ the faid A. and
B. duly proved the faiJ laft will and teftament of the faid E. F,
and took upon themfelves the burthen of the execution thereof;
of all which faid fevcral promifes the laid C. D. afterwards, to
wit.
Br t A Y E £- .355
wit, oil the fifth day of December, in the year of Our Lord
I789, at, &c. aforefaid, had notice j and thereupon he the faid
C. 5. in confidcration thereof, then and there, and before the
payment of the faid fum of money in the faid note fpccified, to wit,
on the fame day and year laft aforefaid, at, &C4 aforefaid, undcr-
took» and then and there faithfully promifed the faid A. and B.
as executors as aforefaid, to pay them the (aid fum of money in the
laid note fpecified, when he the faid C. D. ihould be thereto after-
wards requeued*
CHESrtlfeE, j: Robert Woodhbufe cdmplatns of Rowland biclardtUm s.
mhcrwife Robert Cadman, being in the cuftody, &c. in a plea ^^^^^j^J'^^l
trefpafs on the cafe, &c. for that wherets the faid defendant, ^^ pZuWorf
and one Thomas Cadman deceftfed, whom the (aid defendant hath ^ti htaring iate*
furvived, in the lifetime of the (aid Thomas Cadman, to wit) onr^^, m fiut •/
Hat fourth day of April A. D. I77I, to wit, at Nantwich in the^^^^M with »
faid county of Chefier, made their certain note in writing, com- ^^^jy^ ***•
monly called a promifTory note, bearing date the day and year J d^ieikSm*
afore(aid, and figned by them the faid defendant and Thomas Cad- akme, to take it
roan, and thereby th^n and there promtfed to pay to the faid plain- out of the lU*
tiff, or order, the fum of thirty pounds, with inter eji for the fame, *?*« ®^ vidL***
after the rate of four pounds to the hundred for a year for vtf /w^ ""^'j^^^
received^ and tlien and there delivered the faid note to the faid
piaintiff: whereby, and by reafon whereof, and by force of the Aa«
tuie in fuch cafe made and provided, the laid Thomas Cadman
and defendant became liable to pay to the faid plaintiff the faid
fum of thirty pounds in the (aid note fpecified, with fuch intereft
for the fame as aforefaid, according to the tenor and effcd of the
faid note ; and bein^ fo liable, they the faid Thomas Cadman and
defendant, in confideration thereof, afterwards, in the lifetime o^
the faid 1'homas Cadman, to wit, on the day and year aforc(aid9
at Nantwich aforefaid, in the county aforefaid, undertook, and
faitltfully promifed the faid plaintiff, to pay him the faid fum of
thirty pounds, in the faid note fpecified, with fuch intereft for
the lame as aforefaid, according to the tenor and effedl of the faid
note. And whereas the faid defendant and Thomas Cadman af-
terwards, in the lifetime of the faid Thomas Cadman, to wit, on
the day andyear aforefaid, at, &c. aforefaid, were indebted to the
faid p aintiff >n the fu^n of fifty pounds of lawful, &c. for money
by them the faid defendant and Thomas Cadman before that time
had and rcceivc^i to the ufe of the faid plaintiff; and being fo in-
debted, they the faid defendant and Thomas Cadman, in confide-
ration thereof, afterwards, to wit, in the lifetime of the faid Tho*
mas Cadman, to wit, on the day and year aforefaid, at«&c. afore-
faid, undertook, and faithfullv promiied the faid plaintiff*, to pay
him the faid laft mentioned (am of money, when they ihould be
thereto afterwards requcfted : Yet the faid defendant and Thomas Conckifloo to
Cadmstn, in the lifetime of the faid Thomas Cadman, and the ^id **** ^^ '**
defendant fincc the death of the faid Thomas Cadman, not re- ^'"**^
garding their (aid feveral promifes and undertakbgs fa by them in
A a a manner
35*
iA Counf Oft die
nottfw the itiU"
refty and on 9
promife by de .
lindane fnct tbt
deHibdiitit de-
fleifed, joint
maker, 'on hh
c^wi aeknow
kd^ment.
r^ncIUfioft.
ASSUMPSIT GENERAL.— Oif PRCFMISSORY NOTES.
nianner and form afore&fd made, but contriving, &c. to deCeiTCy
&c. the faid piaintifF in this behalf, have not, n6r hath either of
them, paid the faid Asm of thirtv pounds in the faid fii^ pFOmife
aiid undertaking mentioned, with fuch intereflE for the fame as
aforefaid, ck for any part thereof, nor" the faid ftim of money in
the other promife and undertaking hereinbefore mentioned, or any
part thereof, to the faid platntifF, (although fo to do the faid de^^
fendant and Thomas Cadman were required by the fcid platntiff
in the lifetime of the faid Thomas Cadman^ to viHt, oA ^le day
and year aforefjid, as was the faid defendant fmce the death of the
faid Thomas Cadman, to wit, on the lird cfay of January Aw X>.
1753, and often both before ar.d afterwards, to wit, at Nantwicb
aforefaid, in the county aforefaid,) but they or either of them, to
pay the famey or any or either of thet^Hy to the &id piaintifF, ha^e^
and each of them hath, wholly refufed and negle£ted, 3Rci>lhe (aid
defendant flill refufes fo to do. And whereas the faid defendant^
and the aforefaid Thomas Cadman deccafed, in the lifetime of the
faid Thomas Cadman^ to wit, on the faid fourth day of April in
the year 1772 afoFcfaid, to wity at Nantwich aforefaid^ in the
county aforefaid, made their certain other note in writing, com-'
monly called a promiflbry note, bearing date the day and year laflr
aforefaid, and figned by them the faid defendant and the laid T^ha-
mas Cadman, and ther&by then and there promifed tc pay to the"
faid piaintifF, or order, the fiim oi thirty pounds, with intereft for
the fame at the rate of four pounds to the hundred for a year, fbc
value received, and then and there delivered the faid Baft mentioned
note to the (aid j^aintifF; whereby, and by reafon whei^f, and by
force of the ilatute in fuch cafe made and provided, the &id Tlio-^
mas Cadman and the faid defendant became fiable to pay to the laid
piaintifF the faid fum of thirty pounds in the faid Lift mentioned
note fpeciRed, with fuch intereft for the fame as aforefaid^ ac--
Cording to the tenor and efFed: of tLe £iid laft mentbned note >
and the faid defendant and Thomas Cadman having been, and the
faid defendant being fo fiable as Lift aforefaid, and the &id fum of
thirty pounds in t\vt faid laft mentioned note Q)€cified, with ilich
Intereft for the fame as aforefaid, from the time of the making dE
fuch laft mentioned note, being wholly unpaid and in arrcarto the
faid piaintifF, the faid defendant, in confideration of fuch-premifes,
after the death of the £ud Thomas Cadman,. and whilft the (aid
fom of thirty pounds and fitch intereji as aforefaid were fo in ar-
fear and unpaid as aforefaid, to wit, on the thrrteeath day of Ja-'
nuary A. D. ^^^ as aforefeid, at Nantwich afore&id, in the
county aforefaid,. imdertook, and faithfully promifed the iaid
plaintiff, to pay the faid fiim of thirty pounds in the faid
lift mentiontd note ^ecified, whb Jucd inurefi as in the
(aid laft mentioned note is fpecified> from the date of the
faid laft mentioned note, according to the tenor and ^kSL
of the faid note : Yet the faid defendant, not regarding
his faid laft mentioned promife and undertaking fo by him io
manner and form aforefaid made> but contFiving and fraudulendy
By P A Y E K. 357
intending craftily and fubtilly to deceive and defraud the faid plain-
tifF in this behalf, hath not paid the faid (um of thirty pounds in the
faid note in the (aid laft mentioned promife and undertaking fpe-
4;ified, with fuch intereft. for the fame as aforrfaid, or for any part
thereof, ta the faid plaintiff, (although fo to do the faid d.-fencianc
was requefted by the faid plaintiff' afterwards, to wit, on the d^y
^nd year laft aforefaid, and often afterwards, to wit, at Nantwicli
aforefaid, in the county aforefaid,} but he fo to^do hath hi-
therto wholly refufed, and ftill doth refufe, 10 the daiiage of
the laid plaintiff of' one hundred pounds , and therefore he brings
his fuit) &c.
J. C* and H. Ij* complain of T. B. and W. W. being in the Declaration in
cuftody of the marfhal of the Marfhalfea of our lord the now kin^j, B,ii. uponajdnt
&c. for that whereas the faid L, and W. on the day of ^1"^^'^^ ^^""^
in the year of Our Lord 1787, at Calnc, in the faid county, made {J^^^Kts/ *"'
and ^^«^^ their certain note in writing, commonly called a pro-
milTory note, bearing date on the day and year aforefaid, and then
and there deiivired the faid note to tiie faid John and Henry; See this cafe re.
by which faid note they the faid Thomas and William J9intly ported % Term
md fever ally promifed to'pay to the fciid John and Henry, byR«?-763 C«v>-
thc name and defcription of Meffrs. L, and C. or order, ^'^^^^^l'^^^^^'^
hundred and four pounds three ihillings, value received, by the
fUkwing payments or inJlaUmenis^ that is to fay, one moiety or
one-half part, being fifty-two pounds one (hilling and fixpence^
on the firfl day of January then next enfuing, and the other
moiety or iifcy-two pounds one (hilling and fixpence thereof on
the firft day of July in the year i78<5 ; but on failure of either of
the (aid payments, the faid T. and W. did, by the f<iid note, pro-
mife and agree that the whoUfum of money therein fpecified (hould
dien become due and deman4<ible : and the faid John and Henry
in fa6i fay, that afterwards, to wit, on the firft day of January in
the year laft aforefaid, failure was made in one of the faid pay-
mentS) that is to fay, in the payment of fifty-two pounds one
(hilling and fixpence, which after the making of the faid note, to
wit, on the day and year laft aforefaid, became i^t and payable
foy them the faid T. And W. to them the iaid J. and H. accord-
ing to the tenor and efFed of the faid note ; by reafon whereof|
and hy force ofthefl^tuU in fuch cafe made and provided, the faid
T. and W. becs^ne liable to pay to the faid John and H. the wholi;
fum of one hundred and four pounds three (hillings in the faid
note mentioned, according to the tenor and tStSt of the faid note ^
and being fo liable-, they the (aid T. and W. in confideration
thereof, afterwards, to wit, on the day and year laft aforefaid, at
C* aforefaid, in the faid county, undertook, and tp the faid Jphn
and Henry then and thctc faithfully prmiA'd^ to pay them the faid ^d Count for tlit
fum of one hundred and fopr pounds three (hillings^ upon de- whotc.
^ Biand. Jttd whereas aUb the faid Thomas and William after-
' wards, to wit, on the aforefaid. eighteenth day of i^prjl in the
-jrear of Our JL^ord 1767, at. C ^fore(ai4^ in the (aid ^county,
' A a 3 made
3S8 ASSUMPSIT GENERAL.-On PROMISSORY NOTES.
fpade their certain other note in writing, commonly called a
promiflbry note, their own proper hands being thertunto/«i^r/^-
idy bearing date the fame day and year lail aforefiidi and then and
^here delivered the faid laft n^entioned note to the faid John and
Henry ) by which faid laft mentioned note they the faid I'homas
and William prpmifed to p^y to the faid John and Henry, (bv the
name, addition, and defcription of Meflrs. Lf and C.) or order,
ovxt hundred and four pounds three {billings, by the following
payments or inijtalments, that is to f?y, one moiety or half
part, being fifty-two pounds one (hilling and fixpence, on the
lirfl: day of January then next enfuing, ana the other moiety, of
^fty-two pounds one ihillin^ and fixpence, on the firft day of
July lySd, V(flffe thiif recefVid by them the faid Thoms^N ar.d
*Villiam J by reafon whereof, and alfo iy force of the Jiatute i|i
fuch cafe made and provided, the ^id Thomas and William be-»
fame liable to pay to the faid John and Henry the (aid fum of
money in the faid note mentioned, according to the tenor and
efFed of tl)e (Hid note; and being (b liable, they the laid
Thomas and William, in confideration thereof, afcerwards, to
ynty on the aforefaid eighteenth day of April |n the year 1787, at
C aibrefaidp in the coonty aforefaid, undertook, and to the faid
T. and H. then and there fs^ithfully promifed tp pay to theo) the
faid fum of money mentioned in the faid lad mentioned note, ac-
cording to the tenor and eflFe<9fc of the faid laft mentioned note«
(Count for good^ fold and delivered ; indebitatus aflbmf^fit there^
On ; another Count upon a quantum meruit ; Counts for money
lent and advanced ; money paid, &c. ; money had and received }
acfount i^ated^ Damnum two hundred poi^nds.)
flcarhprcto! And the faid T. B, and W. W. by J^mcs H, their attorney,
ift, Non af- come and defend the wrong and injury, when, &c. and fay, that
Aimpfit; *d,of j^j^ • jii^y^^f undirtf^ke and promife in manner and form as the faid
Cfpunce of'^i J. Cockdiot and H. Lifter have above thereof complained againft
rofs fum in them ; and of this they put themfclves upon the country, &c. Anil
^lisfaflio^ for further pha in thjs behalf the faid Thomas Bennett and
W. Wi by leave of the Court here for this purpofr (irfl had and
obtained, according to the form of the ftatufe in that cafe niade
and provided, fay, that the feid J. Gockfhot and Henry Lifter
ought not to hfxve or maintain their aforefaid adtion thereof
againft them the faid T, ^. and W. W. becaufe thejr fay, that
after the making of the aforefaid promifes and undertakings in the
faid declaration mentioned, and before the day of exhibiting of the
bill of the faid Jolin C. aind H. L. againft them the faid T. B.
and W. W.* to wit, on the eighteenth day of Jul v 17^7, at C.
aforefa*4, in the county of Lancaftcr, they the fiiid I'homas B,
and W. W. faid to the faid J. C. and H. L- the fam of one hun-
'drcd and tweftty-one pounds five (hillings, in full (atisfaSion an^
Wcharge of all ^nd e^ery the aforefaid promifes in the faid deda-
fation mentioned, apd'of the damages luftained by the faid J- C.
^nd H, L. by ireafon of the non-performance of the feme prouaifiis
and undertakings, ini each and every of cbeoi> and that the faid
By !P a Y E E. 3S9
T. C.and H. L. then and there accepted, had, and received of the
Lid Thomas Bennett and W. W. the faid fum of one hundred and
twenty-one pounds five (hillings, in full fatisfaflion and difcharge
of all and every the aforcfaid promifes and undertakings in the faid
declaration mentioned, and of the darnages fuftained by the faid
J. C. and H. L. by reafon of the non-perfor«?:ince of the fame
pcomifes and undertakings, and each and every of them ; and this
the faid T. B. and W. W. are ready to verify ; wherefore they
pray judgment if the faid J. C. and H. L. ought to have and
maintain their afnrefaid action thereof againft the faid Thomas
Bennct and VV W &c. J^d fir further plea in this behalf, the j^xhatdefen-
iaid T. B. and W. W. by leave ot the Court here for this purpofe ^^^^ ^i^ ,
firf^ had and obtained, according to the form of the ftatute in that jurajt gave a
cafe made and provided, fav, that the faid J. C. and H. L. ought promiffory note
not to have or maintain their aforefaid adion thereof again* them to plaintiffii for
5he faid T, B. ^d W. W, becaufe they {^y, that after the male- f„ "^jj,^^*
ing of the faid promifes and undertakings in the faid declaration ^hich plaintiffli
mentioned, and before .the day of exhibiri .ig the bill of the faid accepcedatfuch»
J. C. and H. L. againft them the &id T. B and W. W, to vrit, and whkh was
on the eighteenth day of April in the year of Our Lord 1787^ at ^*yp**^*
C, afore&id, in the county of L* aforefaid, they the iaid T. B-
and W. W. (and one Henry Bennett as the yiw/y of the faid
T- B. and W. VV.) made their certain note in writing, comnionly
called a promiffory note, v»^ith their and each of their hands there-
unto fubfcribed, bearing date the fame day and year Uil aforefaid^
jand the faid laft mentioned note, fo fubfcribed, then and there rfif-
livered to the faid J. C. and H. L. ; by which faid laft mentioned
note they the faid T. B. W. W. and H. B. i'ldjointiy and/eve^
rally promife to pay to the faid John C- and H. L, (by the name
and defcrjpt/OR of Meffrs. L. and C.) or order, one hundred and
twenty-one poundis five (bithngs, on the fifth day of July then
next enfuing, for value therein expreffed to have keen receivid by
the faid T. B, a^id W. W. and H. B. : and the (aid T. B. and
W. W. further fay, that the faid laft mentioned promiffory note
was fo delivered as aforel^id to the faid John Cpckihot and H. Lp
by the faid T. B. zt4 VV. W. and the faid H. B. as their furety,
in full fatisfadion and difiharge of all and every of their aforefaid '
promifes and undertakings in the faid declaration mentioned, and
of the damages fuft;}ined by the f^id J. C. and Henry L. by rea*
fon of the non-performance of the fame promifes and undertakings^
and each and every of them ; and that the faifl J. C. and H- L^
then and there Accepted^ had, and received the faid )aft oientioned
promiflbry note from the faid T. B, and W. Vf, in fuU fatisfoc^
tion and difcharge of all and every the aforefaid promifes and un-
dertakings in the faid declaration mentioned^ and the damages fuf-
tajned by the faid J. C. and H. L. by reafon of the non-perform- •
ance of the fame promifes and undertakings, aj)d each and every
pf them : and the faid T. B. and W. W. further fay, that after
^he making and delivering of the faid laft-mentioned promiffory
»ote b^ the faid T- B.^ and W. W. and fjcnry B. to the laid J. C.
A a ^ . : and
366 ASSUMPSIT GENERAL.— On fR^IVHSSORY NOTES.
?nd H. L. and then having, accepting, and receiving, the bmn
as aforefaid, to wit, on the faid fifteenth day of July in the year of
Our Lord 1 787, at C. aforefaid, in the county aforefaid, they the
faid T. B. W. W. and H. B. pM to the faid J. C and H L. the
faid one hundri<s and twenty-one pounds hv'e (hillings men*
tioned in the faidlaft mentioned promiiTory note, according to the~
tenor and effedl of the fame promiiTory notq 3 which faid one hun*
dred and twenty-bne pounds five (hillings the faid J. C. and H. L*
then and there accepted, had, and received, in full fatisfliclion
and difcharge of the faid laft mentioned promiiTory note^ and this
the (aid T. B. and W. W. are ready to verify; wherefore they
pray judgment if the faid J. C^ and H. L. ought to have or main-
tain their aforefaid a£lton thereof againft them the faid T. B. and
W. W. &c.
Replijcattpn to ^"^ *^^ '"^'^ J®'^" *"^ Henry L. as to the faid plea of the £iid
the ftiooDd plea, Thomas and William by them fccondly above pleaded in bar, fay,
proteftmg thac that the faid John and H. L« by reafon of any thing in chat plea
defendant did alledged, ought not to be barred from having and maintaining
H^'^therJjIn"'''" ^^^'^ aforefaid afiion thereof ag^iinft them the faid T. and W. ;
iiwitioDed'"in becaufe protejijng^ that the faid Thomas and V^' illiam did not pay
fatisfo^ion t For to the faid J. and H. L. ^the fum of one hundred ahd twenty-oiie
replication fays, pounds five (hillings, in fall fatisfat^ion and difcharge of all and
^atpiaintjffi every the aforefaid promifes and undertakings in the faid declara-
ccivc^iL ^ ^^' ^^^^ mentioned, and of the damage fuftained by the faid J. and
H. L. by reafon of the non-performance of the fame proniifesand
undertakings, and each and every of them, in manner and form
^s the faid I'homas and William have above in their faid plea in
that. behalf alledged : Neverthelefs, for replication in this behalf,
the faid J, find H. L. fay, that they the faid J. and H. L. did not,
nor did either of tbem, accept^ have, or receive of the (aid
Thomas and William the faid (um of one hundred and twenty «one
pounds five (billings, in full fatisfasftion and difcharge of all and
every the aforefaid promifes and undertakings in the faid declara-
tion mentioned, and of the damages fuflatned bv the faid J. and
H. L. by reafon of the non-performance of the lame promifes and
undertakings, and each ;^na every of them, in manner and form
^s the faid Thomas and William have above in their faid plea ia
that behalf alledged ; and this the faid J. and H L- pray may be
inquired of by che country ; and the faid Thomas and William do
^SHime! ^^^ '»^^> ^^^ "^"^ ^^ ^^ ^^^ ^^"^ P^^* ^f ^^^ ^^'^ Thomas and
r^^? • ^* William by them lattjy above pleaded in bar* they the faid J. aR4
p. L. fay> that they, by reafon of any thing in that plea ajledged,
ought not to be I^arre4 from having and n^aiptaining their afore-
faid ad ion thereof againfl them the (aid I'homas mA William |
becaufe proteftipg% that th? fai4 Thoqias and Wilhami and the
faid Henry Bennett| in the faid plea mentioned as the/uret^ of the
faid Thomas and Wijliani* did not deliver tkejaid promfffory not/t
delivered to the faid J. and tl, L. by this fai3l1iomas,vV illiam,
g{^4 if^nxy ^. as tHe^r furet^, it} full fadsfadlibn '^n^ difcharge (^
' a|l
By P A Y E £• 361
Ml ztii eirtry tbe aForefaid promifes and undertakings in the faid
declaration mentioned, and of the damages fuftaincd by the faid
jfohn and Henry L- by reafon of the non-performance of the fan3<5
promifes and undertakings) and each and every of them, in man-*
iier and form as the faid Thomas and William have above in their
faid plea in that behalf «lledged : Neverthelefs, for replication irt
this behalf, the faid John and H. L. did not accept, have, and
receive the faid prortifforv note in the faid plea mentioned front
the faid Thomas and William and the faid H. B. infiiH fitisfec*
tion znd difj^harge of all the AForefaid promifes and undertakings
in the faid declaration mentioned, and the damages fuftained by the
faid J, and H. L. by reafon of the non-performance of the fame
promifes and undertakings, and each and every of them, in man*
ner and form as the faid Thomas and William have above in their
faid plea in that behalf alledged ; and this they the faid J. and
Henry pray may be inquired of by theqountry; and the bid
Thomas and William do the like.
N. B. The dcffiidantiobuilied * ver* ihould not be granted, which W9S after-
diCt at tht fommer aflisea 17S8 j and wards diCcharged in M. T. 1788^ For
Law, of counfel for the plalntiflf, obtain- the arguments fee % Term Rep. 763*
cd a rule to (htw caufe why a new trial B. R. j 17.
WILLIAM TYRER complains of Robert Lawfon arrd John Dedaradonbya
Tunftall, being, &c, in a plea of trefpafs on the cafe, &c. for f«"^iving Pofge
that whereas the faid defendants heretofore, in the lifetlnti of one ^^^*^^J
J^ofhua Birchall, deceafed, whom the faid William Tyrcr bath fo^y note/payl
furvived, to wit, on the fixth day of December in the year of Our aUe by Sj/?*/.
Lord 1788, to wit, at Liverpool in the county of Lancafter, ««»«> w^^'^'ir
made and figned their certain note in writing, commonly called ^fi^^ff^riJut.
promilTory note, bearing date the day and year aforefaid, and then
and there delivered the faid not$ to the faid William Tyrer and
the faid Joftua Birchall ; by which faid note they the faid defen-
dants, jointly and feparately, promifed to pay to the faid plaintiff'
and the faid Jofliua Birchall, by the name and dcfcrrption of Mrt
William Tyrcr and Mr. Jofllua Birchall, or order, the fam of
twelve pounds nine Ihillings, by four quarterly inftalments, the
firft payment whereof to commence and be made on the fixth dzy
of March then next enfuing, for value received: and the. £ud
plaintiff in faft fays, that a^er the making of the faid note, and
after the death of the (aid Jofhaa Birchall, znd'bifire the exhibit^
/ff^ of this bin, to wit, on the fixth of September 1 789, to wit, at
Liverpool aforelaid, in the county aforefaid, three cf the faid in-^
Jialments or quarterly payments of the faid fum of money in the
6id note mentionedi amounting in the whole to a large fum of
money, to wit, the fum of nine pounds fix (hillings and nine* Sutettht whole
pence of lawful money of Great Britain> became and were due and ^ *"^« become
payable from the faid Robert and John, according to ihte tenor ^^\ mt^i
^ ^^ of tl^ iaid note^ tb the faid |)IaintifF as furvivor c^f the uie ^uiftal^^
3^2 ASSUMPSIT GENERAL— On PROMISSORY NOTES.
faid Jofhiia; whereof die faid Robert and John then and there had
due notice : whereby, and by r^fon of which feveral pfemifcs,
and hj force ofthejlatuu in fuch cafe made,&c. the faid defendants
became liable to pay to the faid plaintiff the faid three of the faid
four feveral inftalments in the faid note fpeciiied, according to
the tenor and efFeiSl of the faid note ; and being fo liable, they the
faid Robert and John, in confideration thereof, afterwards, to
wit, on the fame day and year laft aforefaid, at Liverpool afore«
faid, in the county aforefaid, undertook, and then and there
faithfully promifed the faid plaintiff to pay hinn the faid three of the
faid four feveral inflalments in the faid note fpecified, according to
2A Coontfof an the tenor and effefl: of the (aid note. And whereas the faid de-
<te jnAakncott. fendants, in the lifetime of the faid Jofliua Birchall, now deceafed,
to wit, on the fixth day of December in the faid year of Our Lord
1788, at Liverpool afore(aid, in the county aforefaid, made and
^gned their ceruin other note in writing, commonly called a
promiiTory note, bearing date the day and year laft aforefaid; and
. thereby jointly and Jeparately promifed to pay to the faid
Wjlliam Tyrer and jolhua Birchall, by the names and deicrip-
tioi^ of M^ VViIl;am Tyrer and Mr. joftiua Birchall, or order,
the fum of twelve pounds nine (hillings, by fouj* quarterly inftal-
ments, the (irft payment whereof to commence and be made on
^he fixth day of March next after the making of the faid note, and
then and there deliyered the faid note to the faid plaintiff and (he
iaid Jo(bua BirchalU And the faid plai/UiflFs jn fa£l further fay,
that after {as in the pther Count) three of the faid inftalments or
/quarterly payments of the faid money in the faid ].aft mentioned
note, according to the tenor and effect thereof, became and were
due and payable from the faid defendants to the faid plaintiff as
Jurvivor of the faid Jofhua Birchall ; whereof the faid defendants
then and there had di^e notice : whereby, and by reafon of which
faid feveral laft mentioned premifes, and by force of the (hitiite in
iuch cafe, &cc. the faid Robert and John became liable to pay to
the faid plaintift' the faid fum of money in the faid laft mentioned
note fpecified,, wh^n they the faid defendants fliould be thereto
afterwards requefted \ and beipg fo liable, they the raid defendants,
in confideration thereof, afterwards, to wjt, on the day and year
l^ft aforefaid, at Liverpool aforefaid^ in the county aforefaid, un-
dertook, and then apd there faithfully prorriifed thp faid p|aintiff to
pay him the faid fum of money ii> the faid laf^ mentioned note
fpecified, when they the faid defendants (hould ))e thereto after*
wards requefted. (Counts for money paid, &c. ; money lent, &c. j
money had and received, 2fc. i upon ^ccpunt (tated^ common
conclufion.)
In drawing this declaration I have as this it is heft to count of cUmagcs far
ccnfjdcicd Birchall as dead whtn the 3d the en ire debt, becaufe the jury m»7
inftalment became due. 1 have inftrtcd give the whole fum io damages 9 and,
the sd Cotnt on the autliority of the if the; do, it may be pleaded in bar w
pafe of Ikckwiih againll Nott, Cro. another aaion.
Jac. J04. wh.ch Cays, that in fuch a cafe Thomas Baibov.
•gyFFOL^
By P A Y E E, . 3^3
SUFFOLK, to wit. Richard Debney, late of, &c. was at- Dedaiatai bj
Cached to anfwer unto Robert Stannard and Sarah his wife,{ which ho^afi^ ^
(aid Sarah is adminiftratrix of all and fingular the goods, rights, ^f^^^fuT^'
credits, and chattels which were of Robert Debney, her late huf- |,„^^j^ on a '
band, deceafed, at the time of his death, who died inteftate,) of pronuflbnr note
9 plea of trefpafi on the cafe, &c; And thereupon the (aid R. S. P^en byDefen.
and Sarah his wife, as adminiftretrix nforifald^ by Andrew Evans f?^-^^'***
fheir attorney, complain, that whereas the faid Richard en thi
thirtieth day if September in the year of Our Lord 1775, to wit,
at Tunftall in the county of Sufibllc, made his certain note in
writing, commonly called a promifibry note, his own proper hand
being thereto fabfcribed, bearing date the fame day and year afore-
(aid, and then and there delivered the (aid note to the faid Robert
Debney in his lifetime ; by which faid note he the faid Richard
then and there promifed to pay on demand to the faid R, D. in his
lifetime, (by the name of Robert Debney,) the fum of one hun-
dred and ninety two pounds four {hillings and fourpencefor value
received by him the faid Richard : by means whereof, and hyfora
pftbejiatute in fuch cafe made and provided, he the faid Richard
becan»e liable to pay to the faid R. D. in his lifetime, the faid fum
of money in the laid note fpecified, when he the faid Richard
ibould be thereto afterwards requefted; and being fo liable, he the
faid Richard, in confideration thereof, afterwards, to wit, on the
day and year aforefaid, at T'unftall aforefaid, in the county afore-
faid, undertook, and faithfully promifed the faid R. D. in his life-
time to pay him the (aid fum of money in the faid note fpecified,
when he the faid Richard (hould be thereto afterwards requefted*
(A Count for goods fold and delivered, with quantum meruit.)
Vet the faid Richard, not regarding his (aid feveral promifes and -> .
undertakings fo by him made in manner and form aforefaid, but ^**^
contriving uikI fraudulently intending craftily and fubiilly to de*
ceive and defraud the faid R. D. in his lifetime^ and the (aid Sarah
^fter the death of the (aid R.D. ^ndwbilftjbewasfoie andunmarrud^
to which faid Sarah after the death of the faid R. D. and whilft (be
wa^ foie and unmarried, to wit^ on the firft day of July in the year
pf Our Lprd 1 7.90, at Tunlbll afore(aid, in the county aforefaid, ad^
n)ipifti]^tion of all and fingular the goods, rights, credits, and chat*
feis which were of the (aid R. D. deceafed, at the time of his death,
who died inteftate, by John Gooch..,do£lor of divinity, official ii|
and throughout the archdeaconry of Suffolk, lawfully conflituted
(to whom ^he commifSon of adminiftration in that behalf belong*
ed) in due form of law was gniinted ; and the (aid R. S. and Sarah
hi$ wife (ifrhich faid Sarah is adminiftratrix zfortbad^)Jii!ice their
intermarriage in thfs behalf fay, that he the faid Richard hath not
as yet paid the faid feveral fums of money, or any or either of
tbepa, or any part thereof, either to the faid }l. D. in his lifetime,
or to the faiJ Sar^, (as adminiftratrix as aforefaid) after the
4ea& of the faid R. D. and whilft (he was fole and unmarried, or
fo the faid R. 8. and Sarah his wife, which faid Sarah is admini-
^ratnx as aforefaid, fince their intermarriage, or to any or either
^ fh^m^ although to do this the faid Richard was reqtieftoi by
564 ASSUMPSIT GENERAL— On PROMISSORY NOTES.
the faid R. D. in his lifertme, and hy the faid- Sarah after the death
of the faid R. D. whilft flie was fole and unmarried, and by th«
iaid R. F. and Sarah his wife (which laid Sarah is adminiftratrix
as aforefaid] fincf their intetmarriagey to wit, on the Arft day of
January in the year of Our Lord 1785, and often both before and
afterwards, to wit, at Tunftall aforeiaid, m the county aforefaid t
but he to do this hath hitherto wholly refufed, and flill refufes to pay
the fiifne, or any part thereof, to the faid R. S. and Sarah his wife,
(which faid Sarah is adtninif^ratrix as afbrefaid,) or to either of
Another Count ^^^Tx, • And whereas the faid Richard, after the death of the faid
TateTwkh'uJe ^- ^* ^^ ^»^ «^" *^ twentieth day of July in the year of Our
wife wbilft Ibe Lord 1780 aforefaid, at I'unflalt aforefaid, in the county afore-
was kk. faid, accounted together with the faid Sarah whilft (he was fole
pnd unmarried, of and concerning divers other fums of money
before that time due and owing from the faid Richard to the faid
R. D. in his lifetime aiidjit the time of bis death, and then bcing^
in arrear and unpaid ; and upon that occalion, he the faid plaintiff
was then and there found in arrear and indebted to the Giid Sarah
in the faid fum of one hundred pounds of like lawful money of
Great Britain ; and being fo found in arrear and indebted, be the
faid Richard, in confidcration thereof, afterwards, to wit, on, &c.
at, &c» undertook) and then and there faithfully promifed the (aid
jSarah, whilft (he was fole and unmarried, to pay her the iaid laft-
rhentioned fum of money, when he the faid Richard (hould be
thereto afterwards requcfted : Yet the faid Richard, npt regarding
his faid la(t-mentioned promtfe and undertaking fo by bim in man-
ner and form aforefaid made, but contriving and fraudulently in-
tending craftily and fubtilly to deceive and defraud the (aid oarah
whitfl (he was fo fole and unmarried, and the faid R. S. and Sarah
his wife (which faid Sarah is •edminiftratrix as ^fore(aid,} fince
their intermarriage in this behalf, hath not as yet paid the fiud'
laft-mcntioncd fum of money, or ady part thereof, to them or ei-
ther of them, although to do this he the fajd Richard was requefted
by the faid Sarah whilft (he was fo fole and unmarried, to wjt, on,
&c« and by the faid R. S. and Sarah his wife (which (aid Sarah
is adminiltratrix as aforefaid,) fmce rAWr intermarriage, to wit, on,
'0ec. and oftep both before and afterwards, to wit, at, &c. ; but he
to do this hath hitherto wholly refuted, and flijl refutes to pay the
fame, or any part thereof, to tt«<; faid R. d. and Sarah his wife, (which
faid Sarah is adrtiinifhatrix as aforefaid,) ortoeither of them. And
Account (Uted whereas the faid Richard afterwards, and after the intermarriage
with R. D. her of the faid Sarah widi thefkid R. S, to wit; on, &c. at, &c. ac-
late h«/band inpoQ^ted together with^thc faid R. S. and Sarah his wife, (which
hjshtcumc. Yajd Sarah is adminiftratrix as aforefaid,) of and concerning divers
other fums of money before that time (hie and owing from the (aid
Richard to the faid R. D. in his lifetime, and at the time of his
death, and then being in arrear and unpaid \ and upon that occa-
sion he the faid Richard was then and there found in arrear and
indebted to the faid R. S. and Sarah his wifo, (which faid Sani^
\% adminiftratrix as aforeffiid,} in the f^rth^r if^m of one huiidred
ppttods
fty P A Y E E. 36s
pottiids of like Idwful money ofGpeat.Britaia; and being fo found
in arrear and indebted, he ifae (aid Kichard, in conlideFation
thereof^ afterwards, to wit, on, &c. at^ &c. luulertook, and then » *
and there faithfully promifed the laid R« S. and Sarah bis wife
(which iaid Sarah is adminiftratrix as aforefaid,) to pay them the
faid laft -mentioned fum of money, when he thefaid Ricnardihould
be thereto afterwards recfoefted : Yet the£ud Richard, not regarding
his laid laft^oientioned promife and. undertaking b> by him in man*
ner and form aforefaid made, but contriving md fraudulentiy in«
tending craftily and fubtilly to deceive and defraad the faid R« S«
and Sarah his wife (which faid Sarah is admii)iftratrix as albre-
(aid) in this behalf hath not as ydt paid the faid laft mentioned
fitm of money, or any part thereof, to them or either orthem,
although to do this he the £iid Ridiard was requefted by the (aid
R. S. and Sarah his wife, (which (iiid Sarah is adminiftratrix as
aforefaid)) afterwards, to wit, on, &c« and often afterwards, to
wit, at, &c« in, &c. -, bat be to do this hath hitherto wholly re-
fufed, and ft ill refufes fo to do, to the damage of the faid R. S.
and Sarah his wife (^4rhich faid Sarah is adminiftratrix as afore-
£tid,) of one hundrod pounds, and therefore they bring their fuit :
and they brinjc i^^^ court here the letters nf admiaiftration of the
fiad J; G. which fully prove to the &xd Court here that fhe the
(aid Sarah is adminiftratrix in iorfp, aforefeid.
Drawn by Mr. Tidd«
LONDON, to wit. Herbert, otberwife Hubert van Hamel, Dechratianon*
kte of Weflminfter in the countv of Middlefex* cfquire* was at* prominbry note
tached to anfwer unto Thomas Odwin, William P^irebrace, and drawn in farn
George Reed, of a plea of trefpafs on the cafe, &c. And thereupon *c^ '** }^
the &id Thomas, William, and George, by Samuel Underwood {^^ "^ "^^
their attorney, complain* that whereas the &id Herbert, otberwife p^^* v. Maker.
Hubert, (i) 0n the twelfth day of November in the year of Our (x; Su. %%.
Lord 1784, in certain parts beyond the feas, to wit, at the ijland
§f Barbadies \n the Weft Iqdies, that is to (ay, in the parilh of St.
Mary le Bow, in the ward of Cheap, made his certain note in writ-
ing, commonly called a promiilbry note, his own proper hand being
thereto fubicribed, bearing date the fame day and year aforeikid, and
then and there dtlvotttd the faid note to the faid T. W. and G. ; by
which (aid note be the £iidH. otberwife H« by the name of Hubert
van Hamel, then and there promifed to pay, tn the firfi day of May
then next, (that is to lay, on theiirft day of May in the year of
Our Lord 1785,) to the faid Thomas, William, and George, (by
idieir names and additions. of Meftifs. Odwin, Firebrace, and Reed,}
or. their order, two hundrod pounds currency y that is to fay, two ^wmeat of flit-
hundred pounds current money of the ifland of Barbadoes afore- JJfn"*^'^^"''
ibid, value received: and the faid Thomas, William, and George
in UQi (ay, that, at the time of the making of the faid note, the
£ud two hundred pounds currency therein mentioned, was of a
large
366 ASSUMPSIT GENERAL.-^n PROfMISSORY NOTE^.
large value, to wit, of the value of one hundred and eighty pottody
of lawful money of Great Britain, to wit, at London aibrefiud; in
the pari(h and ward aforefaid : by means whereof, and hyfirct ^f
ihi Jiatute in fuch cafe made and provided, the faid Hubert be-'
came liable to pay to the faid Thoma», Wiliiam, and George the
faid fum of money in the (aid note fpecified, according to the tenor
and effed of the (aid note \ and being fo liable, be the faid Hu-
bert, in confideration thereof, afterwards, to wit, on, &c. at, &c«
undertook, and then and there faithfully promifed the iaid Tho-
mas, William, and George, to pay the faid fum of money in the
fdid note fpecified, according to the tehor and efFed of the £itd
note. (Add the common money Counts.) Yet the (aid Hubert,
Str.i2.RttAtoii not regarding, &c< but contriving^ &c. did not, nor would, #Jty
*f. AfpinaUy {jTr. mxt afur thi date of the /aid mU, pay the faid fum of monef
B^^ oo^Bittt ^^^1*^'" fpecified, nor hath he at any time unce paid the iamey or
and Notes, 5^. ^^ ^^^ feveral other fums of money, &c. (at ufual.)
Declaration Ky MIDDLESEX, to Wit. Peter Rum, and Mary his wife, wbor
original againft IS executrix of the lad will and teftament of W • A. deceaied,
M Extcutrix on ^ere attached to anfs^'er unto R. J. in a plea of trefpafs on the
a pronoiflbry ^^^ ^^^j thereupon the faid R. J. complains, that whereas tbo
u^at^T the 6i«l W. A. i» bis lifetirm, to wit, on, &c. at Cakutta in the Eaft
taft liunes, IndiifSy (where the faid W. A. was then refident, from whence he
whereby he intended to come to this kingdom of England,) to wit, at Weft-
promited to pay minfter, in the faid county of Middlefex, made his certain note
iS '^J^^ ■^* in writing, commonly called a promiiTory note, his own proper
^wc*eks'%/«- ^^^^ being thereunto fubfcribed, bearing date the day and year
bit arrival h aforcfald, and then and there delivered the faid note to the 6id
England, 50I. R. J. ; by which faid note he the faid W. A. promifed to pay to
Payet v. Extat^ ^hc (aid K. J. or his order, eighteen months after the date of the
mxoi Maker, ^^jj ^^^^^ ^^ j^^ ^^^.^^ ^^^^^ ^^^ tfrriW of him the faid W. A. in
England, the fum of fifty-four pounds fterling for value received
by him the fuid W. A. : by reafon whereof, and hy force of the
Jiatute in fuch cafe made and provided, the faid W. A. became
liable to pay to the faid R. J. the faid fum of money in the faid
note fpecified, according to the tenor and cflFed of the faid note 1
and being fo liable, he the feid W^ A in eonfideration thereof^ af«
terwaids, to wit, on, Scc« at, &c. undertook, uid then and tliere
faithfully promifed the (aid R. J. to pay him the faid fum of money
in the f:iid note fpecified, accordingno the tenor and effect of the
Atermcnt that faid note. And the faid R. J. avers, that although the faid W. A.
**^^****r ^"*^"* afterwards, in his lifetime, to wit, on, &c. arrived in England
inEngUndi ^^^^ Calcutta, to wit, at Weftminlter aforefeid: Yet the faid
W. A. in his lifetime^ and the faid Peter, and Mary his wifei
executrix as aib; ci'aid, fince his deaths not regarding the faid pro*
mife and undertaking of the faid W. A. fo by him in manner and
form aforefaid ii^ade, but contriving and fraudulently intending
craftily and fubtilly to deceive and defraud the faid R. J« ia this
behalf, the faid W • A. did not at the end of fix weeks ajter Jmh
bis
By P A Y E fi. 56;
•
his arrival in England as aforefalJ^ nor at the end of eighteen
months from the date of the aforefaid note^ or at any other time
whatfoever in his lifetime, pay, nor have the faid Peter and Mary
his wife, who is fuch executrix as aforefaid, nor hath either of
them, fince the death of the faid W. A. hitherto paid the faid fum
of money in th^ faid note fpccified, or any part thereof, to the
faid R. J. (although to do this be the faid R. J. requeued the faid
W, A. in his lifetime, to wit, at the end and expirationof the faid an<3 requeft it
fix weeks next after his aforefaid arrival in England, and afterwards, the expirationof
and alfoat the end and expiration of the faid eighteen months from the ^ ^" /* ^^^
date of the faid note ; and alfo the faid Peter and Mary, executrix pincion of if
as aforefaid, fince the death of the faid W. A. to wit, on, &c. mon^hi.
and often afterwards^ to wit, at, &c.) but they, or any or either
of them, to do this havct and each of fhem hath hitherto wholly
refufed, and the faid Peter and Mary his wife, executrix as afore-
faid, ftiil refufe fo to do ; and the faid fum of fifty-four pounds in
the faid note fpecified, and every part thereof, flill remains wholly
unpaid to the faid R. J. either by the faid W. A. in his lifetime,
or by the faid Peter, and Mary his wife, executrix as aforefaid,
fince his death, to wit, at, &c. in, &c. And whereas the faid zd Count on tef*
W. A. in his lifetime, to wit, on, &c. at Q in the E. I. (where tator't promilc
the fiiid W. A. was fo, as aforefaid, refident, and from whence '"*«/''^^ •*«''
he intended to come to England as aforefaid,) to wit, at, 6tc. in, *^"^^^v«
&c. made, hcc, commonly called, &c. his own proper, &c. bear-
ing date the day and year aforefaid, and then and there delivered
the faid lafl-mentioned note to the faid R. J. ; by which faid lafl-
mentioned note he the faid VV. A. promifed to pay, &c. &c. : by
reafon whereof, and by force of, &c. he the faid W. A, became
liable, &c. And the faid R. J[. in fad further faith, that although
the faid W. A. in his lifetime, to wit, on> &c. arrived in England
from C. aforefaid, to wit,' at, &c. ; yet the faid W. A. in his life-
tiine, and the faid Peter and Mary his wife, executrix as afore-^
(aid, not regarding, &c. but contriving, &c« did not, at the expi^^
ration of fix weeks after his arrival in England, or at any other
iime whatfoever, pay, nor have nor hath the faid Peter and Mary
his wife, executrix as aforefaid, or either of them, fince his death,
paid the faid fum of money in the faid lafl -mentioned note fpeci*
fied, or any part thereof, to the faid R. J. although to do this he
the faid R. J. requeued the faid W. A. in his lifetime, at the
end and expiration of fix weeks after bis aforefaid arrival in Eng*
land, and afterwards ; and alfo the faid Peter and Mary his wife,
executrix as aforefaid, fince the death of the faid W. A. to wit, at,
&c. and often afterwards, to wit, at, &c. ; but, &c. (asinfirfb
Count). And whereas the faid W. A. in his lifetime, to wit, .^j county it
on, &c. at Wedminfler in the faid county of Middlefex, made, nKmths after
&c. his own proper, &c. and then and there delivered, &c. ; by dat« onljr.
means of which faid laft-mentioned note he the faid W. A. pro-
mifed to pay to the faid R. J. or order, eighteen mortths after the
date thereof, fifty-four pounds flerling for value received by him
the faid W. A. : by reafon whereof, and by force of, &c. became
liable,
S68 ASSUMPSIT GENERAL.-^Ow {PROMISSORY NOTES.
liftble, &c.; and being fo liable, ^c* undertook, &c. (Monej
bad and received ; inUpiuI computaOet; and common conclufion. J
V. Law£s.
Deckration on a FOR that whereas the fald defendant beretofore, to wit, on, &c.
pTMniflbrynote, (a\ in a certain plaa calUd Clifford's Inn, to wit, at, &c. io,
fayif T. Makert ^^ according to ^cform ofihijiatute (l) in fiich cafe made and
^^^^M^^- provided, made his certain note in writing, commonly called a
w^! ^ " promiflbry note, bearing date the day and year aforeiaid, zfA
_ ' figned by him the faid defendant in the prefence of om A. B. a/ub^
li^jioXfi^*^^^^ w/Vw^O, who, in due manner, and according to the fora
c. 3o.f!».fnade .of ^c ftatute in fuch cafe made and provided, atteiled fuch ligna-
pcrpctu^byi;. ture ; and thereby y twenty-one days after the date of the (aid note,
C 3. c. 1%. proraifed to pay to the (aid plaintiff, (by the name of, &c. »fj ^c.
jcabinet- maker, being the then place of abode of the faid puintiff*,
.to whom or to whofe order the money contained in the (aid note
was to be paid,) or his order, the fum of fi:>ur pounds for value
received, and then and there delivered the faid note to the faid
plaintiff: by reafon whereof, and by force of the flatute infudi
cafe made and provided, he the (aid defendant became liable, &c.i
and being fo liable, &c. V. Lawes*
{m) The parts in italic are the requjfitet bj the ad for any fiun under five pounds.
Declaration In E. GIBSON, ajjignee of the debts which were of J. T. rnn /«r
^ f^^^'^J^^ fi^^^^ debtor^ according to the form of an aft of parliament made
of M iSi^ *^ Weltminftcr, at the feffion of parliament held at Weftminfter
deht9r,om^o-'^^ the firft of February in the tenth year of the reign of the lord
miffory note, the prcfent king, intitlcd, *« An a£t for the relief of iniblvent
jMyabie by in* »< debtors/' Cometh before the barons of this Exchequer, on, &c,
ilalmentt. ^ this Term, by A. B. his attorney, ;md complains by bill again*
Willian> Carus, prefent here in court the fame day^ on a plea of
trefpafs on the cafe ; for that whereas the faid' William, after the
firft day of May ^ A. p. 1705, to wit, on, &c. at, &c. in, &c.
made his certain note in writing, commonlv called a promiffory
note, with his own hand fubfcribed, bearing aate the fame day and
year laft mentioned, and the (ame note to the faid J. T. then and
there delivered; and by the fame note promifed to pay to the (aid
J. T. by the name of J. T. or order, uizfum of four pounds value
received, upon demand, as follows, to be paid quarterly four Jbil"
lings ^ndfourpence a quarter^ till the (aid fum offour pounds fhoulfi
be paid : by reafon whereof, and alfo hy force ofthefiatute in fuck
cafe niade and provided, the (aid William became liable to pay tp
the faid J. T. the faid fum of money mentioned in the (kid note^
according to the tenor and ctkSt of the (ame note; and being (p
liable, the faid William, in con&deration thereof, afterwards, to
wit, on, &c. at, 6cc. in, &c. undertook, and Aen and the^
faithfully promifed (be (aid J* X* to pay Um the ^ dun of mo-
ney,
6y PAYEE. 369
tiey, According to the tenor and effcA of the (add rlote. And the Averment that
fiid E. G. further fays, that the faid J. T. was aftually a prifoner the payee wag
in the gaol of the faid lown and county, at the fuit of the faid afi"a"y »« c«f*
E. G. on the firft of January 1^36, and fo continued until the ^^'^jn'*"^ fjt
time of his dlfcharge hereafter mentioned; arid that by virtue of jojjrnment day
the faid aft of parliament, at the general quarter fcfEons of the of ftffionjj
peace Held at the town of, &c. by adjournment, in and for the
laid town and county of the laid town, on, &c. before A. B. and
others their companions, his nwjefty's jufticcs affigned to keep the
.peace in and for the faid town and county, and alfo to heaf and
determine divers felonies, trefpafies, and other offences committed Was duly dll*-
in the faid town and county, he the faid J. T. was duly difcharged, charged ; and
according .to the faid adl of parliament : and the faid E. G. fur- J^at 85. 8d. only
thcr fays, that eight (hillings and eightpence, parcel of the faid furti to^^inT^whUft
of four pounds laft mentioned, and no more, was paid to the faid fuch priibuer )
J. T. before his faid difcharge^ and that the refidue of the faid
debt} immediately after the dlfcharge of the faid J. T. became sfnd
was vefted by virtue of the faid aft of parliament in J. D. gentle-
man, then, and from thenceforth hitherto, being clerk of the
peace of and for the faid town and county; and the faid refidue of
the laid debt) being three pounds eleven (hillings and fourpencei
or any part thereof, not being paid, afterwards, that is to fay, on,
&c. the faid refidue of the fai4 debt, by virtue of the faid aft of that the refidii*
parliament, was duly affigned by the faid J. D. then being clerk was affigned to
of the peace of and for the (aid town and county, to the faidE. G. ^^ ^^^^ ^f ^^
according to the faid aft of parliament, that is to fay, at the town ^^''
and county aforefaid -, whereof the faid W. afterwards, to wit^
on, &c« there had notice ; whereby, and by reafon of the pre-
miles, the &id William became liable to pay the faid refidue of
the faid debt at the times appointed by the faid note for the pay-
ment thereof: and although the faid William^ by reafon of the
premifes, ought to have paid to the faid £. G. before the tenth day
of May 1740, one pound ten (hillings and fourpence, part of the Qne of th* in«
fiiid three pounds eleven (hillings and fourpence; .yet the faid Aaiments dae.
William, not regarding his faid promife fo made as aforefaid, but
contriving, &c. the faid £. G. in this behalf, hath not paid to the
faid E. G. the faid fum of one pound ten (hillings and fourpence^
part of the (aid three ppunds eleven (hillings and fourpence, or any
part thereof, although often requefted, &c. And whereas alfo ^^ . -.
the faid William, on, &c. at, &c. was indebted to the faid E. G. nee "for^monw
as aflignee. in form aforefaid, in the further fum of lifiy pounds for had and re*
money received to his ufe ; yet, &c. teived«
non on
FOR that whereas, on, &c, at, &c* one A. B. was cafliUr i5ecianiti«..
anifervant of the Royal African Company, and by the faid com- a promiflbry
pany then and long before that time ufually intruited to make and oote by Vtyn^
fign promifTory notes for and on behalf of the faid company ; and P^'^ h '^'
the faid A. B. fo being fervant and intrufted as aforefaid, he the jf ^ •/-^«»-
(aid A. B. on, &c« at| &c* for the faid company made a certain
VuL* !• B b promiflbry
370 ASSUMPSIT GEKERAL.— On Pfi^OMISSCRY NOTES.
promiflbry note, bearing date on the fame day and year laft men-
tioned, with the hand and naoie of the faid A. B. thiereto fub-
fcribed ; and by the faid note the faid A. B. did acknowledge t9
have borrowed and received of the faid P. the fum of feven hundred
pounds^pr the ufe of the faid company^ by the name of The Royal
African Company of England, to be repaid with inter eji on dcTnand:
by reafon whereof, and alfo by force of the Jlatute in fuch cafe
made and provided, the f^id company became liable to pay to the
faid P. the faid fum of money contained in the f4id notej and being
fo liable, the faid company, in confideration thereof^ afterwards,
to wit, on, &c. at, &c. undertook, and then and there faithfully
promifed the faid P, to pay him the faid fum of money in the faid
note contained, according to the tenor and eScd of the faid note.
Pr^pe for dc- LONDON, (f. If W. P. and R. E. executors of the laft wjH
claracion by ori • ^"^ teflament of the deceafcd, make you fccure, then put, &c.
gina) on a pro- K< B. late of, &c. that he be before our lord the king from the
miflory note at J^iy of Eafter, in fifteen days, whcrcfoevcr, &c. to (hew, &c.
J^r^' ""^^^ ^^^ ^'^^^ whereas the faid R. B. in the lifetime of the iAi. H. S, to
wit, on, &c, made, and iflued bis certain note in writing, com-
monly called a promiffory note, bearing date the day and year
aforefaid, and thereby to have acknowledged to have borrowed
and received of the faid H. S, (by the name of Mr. H. S.) two
hundred pounds, which he the faid R. B. by his (kid note then
and there promifed to pay unto the faid H, S. and then and there
delivered the faid note to the f;;iid H. S. : whereby, and by means
of which faid feveral premifes, and by force cf the (latute in fuch
cafe made and provided, the faid R. B. became liable to pay to
the faid R. S. in his lifetime the faid fum of money in the faid
note fpecified, when he Ox^uld be thereto afterwards requefted \
and being fo liable, he the faid R. B. in confideration thereof, af*>
terwards, in the lifetime of the faid H. S. to wit, on, &c. under-
took, &c. the faid H. S. to pay him the faid fum of money in the
faid note fpecified, when he (hould be thereto afterwards re-
quefted. (2d Count, money lent and advanced ; 3d Count, had
and received; a'jcount ftatedj and following cohcludon.) Yet
the faid R. B. not regarding his faid promife and undertaking fo
made by him as aforefaid, but contriving, &c. the faid W. S. in
hi^ lifetime, and die faid P. and E. executors as aforefaid, fince
his death, in this behalf, liath not paid the faid feveral fams of
money in thofe promifcs and undertakings mentioned, or any or
cither of them, or any part thereof, to the faid H. S. in his iife-
' time, or to the faid r. and E. executors as aforefaid, or either of
them, (ince his death, although to pay the fame he the faid R. B<
was requeued by the faid H. S. in his lifetime, to wit, on, &c«
and by the faid P. and E. fmce his death, to wit, at, &c. but be
fo to do hath wholly refufed and neglefted, and ft ill refufes to
• pay the fame to the faid P. and £. executors as aforefaid, to the
damage of L^em the faid P. and £.,^as fuch executors, of one hun-
dred
By second indorsee. (jp;.
dred and fixty pbunds, as it is faid. (In declaring on this ortgiml^
there muft be ztrofert of the executors tcftamcntary at the end of
the declaration.)
G. P. bjr C. H. his attorney, complains again ft J. E. in t Dcelirttoi in
pica of trdpafe on the cafe, &c. for that whereas the faid j.E. thePakceCouit
on, &c. 2^t, &c. and within the jurifdi^iion of this courts by the "P^ • **"'itt
iiame of J. E, made and figneJhis certain note in writing, com- ^ ^*^ ^^
monly called a promiflbry note, bearing date the day and year by monthiy in-
aforef^id, and then and there promlfed to pay to one /• B. in the italments whera
iaid note mentioned, or order, nine pounds (or value received, in the ilrft hadkeca
manner and under the condition following, that is to fay, by and P** •'^ "^
L f I rt--ii- • ** L ' ■' 1-1 more.
at the rate of two pounds two in tilings m t^try month, monthly, ^ uiorJM r.
until the whole fliould be difcharged; and, in cafe of non-pay- 2>rrmr.-
ment in any of the monthly inftalments, the faid note to be in
force, and then and there defivared the laid note to the faid J. B. ;
and the faid J. B. to whom or to whofe order the payment of xht
faid fun] in the faid note feecified was to be made, afterwards, and
befoi'e the payment of the faid fum of nine pounds or any part
thereof, to wit, on, &c. indotfed the faid note, and by that in«
dorfement appointed the contents of the faid note to be paid to one
J. B. H. and then and there delivered the faid note fo indorfed t6
the faid J. B. H. ; and the faid J. B. H. to whom or to whofe or- '
dcr the faid fum of nine pounds in the faid note mentioned was by
virtue of the faid indorfcment fo made thereon as aforefaid to be
paid, afterwards, and before the payment of the faid fiim of nine
pounds or of any part thereof, to wit, on, Sec. indorfed the faid
note, and by that indorfement appointed the contents of the iaid
note to be paid to the faid G. P. and then and there delivered the
fiiid note, fo indorfed as aforefaid, to the faid G. P. ; of which faid
feveral indorfements fo made on the faid note as* afore||id, he the
faid J. £• afterwards, to wit, on, &c. had notice : whereby, and
by reafon of which faid feveral premifes, and by force of theftsftute '
in fuch cafe made and provided, the faid J. E* became liable to
pay to the faid G. P. the faid fum of nine pounds in the iifid note
mentioned, according to the tenor and efFef^ of the faid note, and
the aforeiatd indorfements thereof; and being fo liable^ he the (aid
J. £. in confideration thereof, afterwards, to wit, on, &c. un-
dertook, &c. the iaidG. P. to pay the laid fum of nine pounds iji
the iaid note mentioned, according to the tenor and ^Se€i of the
faid note, and the aforefaid indorlements thereof. And the (aid
G. P. in h£k further fays, that although the faid J. £. paid the
fum of two pounds two (hillings, parcel of the faid fum of nine
pounds, and the firft of the faid monthly inftalments in the iaid
note mentioned, according to the tenor and efFecl of the faid note*:
yet the faid G. P. in fe£t further fays, that after the faid fum of
two pounds two (hillings had been and was fo paid as aforeiaid,
and before the levying of the plaint of the (aid G. P. tt> wit, on»
&c. two pounds two (hillings of the refidue of the faid fum of
Bb 2 nioe
fji ASSUMPSIT general—On promissory notes.
r
nine pounds in the {aid note fpecified, for the fecond of the faid
monthly inftalnients in the faid note mentioned, becoming due
and payable on, &c. became due, and was due and payable frooi
the faid J. £. to the faid G. P. but that the faid J. K. did not then
and there pay the fame, or any part thereof, to the faid G* P. but
then aiKl there failed and made default therein, contrary to the tenor
and efFed of the faid note ; v/hereby the faid note then and there
became in force as to the whole of the then refidue of the faid fum
of nine pounds therein fpecified *, and fuch refidue being a large
fum of money, to wit> the fum of fix pounds eighteen {hillings,
became and was forthwith due and payable from the laid J. £. to
the faid G. P. to wit, at, &c. And whereas the faid J. E, on,
uf^fwond'bl- ^^' and within, &c. by the na^ne of J. E. made, &c..callcd, &c.
dorfement to be hearing date, &c. and then and there promifed to pay to the faid
made after firft J. 6. or ordernine pounds for value received, in manner and
monthly pay- under, &c. 5 and in cafe of non-pdyment of any montlily inftal-
ment made. ment, the faid laft- mentioned nc^e to be in force, and then and
there delivered, &c.; and the faid J. B. to whom, &c. was to be
made, afterwards, and before the payment of the faid fum of nine
pounds in the faid note fpecified, or of any part thereof, to wit,
on, &c« indorfed the faid note, andby thatindorfement appointed,
&c. and then and there delivered the faid note fo indorfed to the
faid J. B. H. ; and the faid J. B. H. to whom, &c, afterwards,
and after the payment of tlie hril monthly inflalment of two pounds
two (hillings therein fpecified, but before the payment of the re-
fidue of the faid fum of nine pounds therein mentioned, being the
fum of fix pounds eighteen (hillings, or of any part thereof, to wit,
on, &c. indorfed the faid laft-mentioned note, aqd by that in-
dorfement appoiilted the refidue of the faid fum of money, in the
faid laft-mentioned note fpecified, to be .paid to the faid G. and
then and there delivered the faid la (l -mentioned note, fo indoried
as aforefaj^. to t»ic faid G. P.; of which faidfeveral indorfemencs
fo made on the faid laft-mentioncd note as aforefaid, the faid J. £•
afterwards, to wit, on, &cc. had notice : whereby, and by rca(bn
of which faid feveral premifes, and by force of the (latute in fuch
cafe made and provided, the faid J. £• became liable to pay to the
faid G. P. the faid refidue of the faid fum of money in the (aid note
mentioned, according to the tenor and efFe£t of the faid laft-men*
tioned note, and of the aforefaid indoifements thereof^ and being
fo liable, he the faid J. £. iii confideration thereof, afterwards^ to
wit, on, &c. undertook, &c. the faid G. P. when, &c, to pay
him the faid refidue of the faid fum of money in the faid la(l-men*
cioned note mentioned, according to the tenor and effe£t of the
(aid laft-mentioned note, and the aforefaid indorfements thereof.
And the faid G. P in fad further fays, thae akhough the faid fum of
two pounds two (hillings for the fecond of the (aid monthly in*
ftalments in the faid laft-mentioned note fpecified, became and
was due and payable from the faid J. £• upon the faid twenty-
ninth day of, &c. ; yet the faid J. £. did not then and there pay
the faid infialment or fum of two pounds two (hillings, or any part
thereof.
Bt payee, bearer*, &c. 373
thereof, to the faid G. P. but then and there failed and made de-
fault, contrary to the tenor and efFe?l of the faid laft- mentioned
note; whereby the faid laft-mentioned note became in force as
to the whole of the then refidue of the faid fum of nine pounds
therein fpecified, and fuch refidue became and was forthwith due
and payable from the fuid J. E. to the faid G. P, to wit, at, &c.
whereof the faid J, E. afterwards, to wit, on, &c. had notice*
(Add the common Counts; account ftated ; and common con-
clusion.}
•
LONDON,^. If Ifaac Llnds make you fecure, &c. then put, p^^^ f^ ^^^
&c. Stephen Child, late of, £cc. that he be before our lord the darationbyoril
king on, &c. wherefoever to fhcw, ice. for that whereas here- ginal on a
tofore, to wit, on, &c, at, &c. according to the cuftom of mcr- Banker's cbe^M^
chants, made and drew his certain bill of exchange, bearing date ^- ^***^** 'J**
the day and year aforefaid, upon certain perfons trading and ufing f^^JI\g^ ^
commerce by and under the flyle and firm of Sir Ihomas Hali- a.b. or bearer s
fax and Co. and by the faid bill then and there requefted the (aid A.R.transleiT«d
perfons fo ufing the faid ftyle or firm of, &c. to pay to one J.D.G. «^«*r to plain-
in the faid bill named, by the name of, &c. or bearer, 50I. and ?^' ^^. P"*
then and there delivered the faid hill, draft, or order to the faid payment, but
J. D. G. ; and the (aid J. D. G. to whom, or to the bearer of wasrcfufed^&c;
which (aid bill^ drafts or order^ payment of the laid fum of mo-
ney in the faid bill, draft, or order fpecified was to be made as laft
aforelaid, afterwards, and before the payment of the faid fum of
money in the faid bill, draft, or order mentioned, or of any part
thereof, to wit, on, &c. at, &c. according to the cuftom of mer^
chants in that particular, delivered the faid bill, draft, or order to
the faid plaintiff for a certain valuable and good confideration then
and there by him paid and given, and conftituted and appointed
him the bearer of the faid bill, draft, or order as afbre(aid, to
recover the faid fum of money therein mentioned, as fuch bearer
thereof. And the faid plaintifi!' in fa£l further faith, that being
ilich bearer of the (aid bill, draft, or order as aforefaid, he the fiiiq
plaintiff afterwards, to wit, on, &c. in due manner prefented the
£tid bill, draft, or order, to the faid perfons fo ufing the faid flyle
or firm of, &c. for payment of the money therein mentioned, unto
bicn the faid plaintiff, and they were then and there required tQ
pay the fame to the faid plaintiff as fuch bearer of the faid bill^
<)raft, or order as aforefaid, according to the tenor of the faid bill,
draft, or order: but the faid plaintiff avers, that the (aid perfons
to ufing, &c. did not, nor would any or either of them, when the f^^id
bill, draft, or order was fo (hewn and prefented to them as aforefaid,
or at anv other time whatfoever, pay the faid fum of money therein
fpecified, or any part thereof, to him the faid plaintiff, but, on the
contrary thereof, then and there refufed fo to do, and therein wholly
^iled and made default ; whereof the faid defendant afterwards, tQ
wit, on, &c. had notice: by reafon whereof, and of thefeveral othe^
premifes afoief^id^ and by force of the cuftoii^ iu^d law of iner<v
* Of a Banker's Cheque,
9 l> 3 chanu »
S74
gd Couati
ASSUMPSIT GENERAL.-.ON PROMISSORY NOTES.
chants, the faid defendant became liable, &c. ; and berng ib lia-
ble, &c. &c. And whereas heretofore, to wit, on, &c. accord-
ing to the cuftom of, &c. made, &c. a certain draft or ordtr for
the payment of money, commonly called ^ banker's cheque^ bear-
ing date, &c. upon certain hankers then and there trading and
ufing commerce by and under the ftyle of, &c. and by the faid
draft or order then and there required the faid bankers fo ufing,
2(c* &c. to pay to the faid J. D. G. by the name of, &c. &c. (Oq
on with this Count fame as the l;ift, only omitting the w6r4 " tUL**
Add all the common Counts.)
1 Have drawn the above pradpe ac-
cording to my inftrudions, and conti-
dercd the cafe ; ar^d however hard it may
be lOn the plaintiff, yet I am of opinion
the a^^ion cannot be fupported { lor oq
looking into the fiotk-johimg a6l of the
7. C. a. c 8. f. I. all fuch contrails as
that on which the cheque is fuggefled to
have been given are declared to be abfo-
\\H!i\y' voidt and rot vnertVf voidable, and
th»t to afl intents and purpofts what-
ever : being therefore fo void in itfelf,
and that to evtry purpofe, it was inca-
pable of any transfer or delivery over, fo
as to put the pcrfen to whom it was fo
dfii^end in i, better or other 6tuation
than be in whofc £»voor it was or.ginally
drawn, and who afterward* delivered it
ever. Were the point quite a new one,
however, the argument made ufe of in
the inArudion* might be urged with
much propriety, and of courfe with a
pn (pt6k ( f fucccfs ; but I fear the recent
cafe of Lowe and others and Waller,
Doug. 708. and the recpgnifed ope a£
Bowyer and Bampton, ft. Str. 1x55. on
the flatote of ufory and gaming, and in
which a note or biH on cither of thoit
considerations are dedared 10 be iain^f
even in the hands of imncmt indujcet, od
good and h^nafide confideraticps, will be
confidered as determining the qaeftioa.
Indeed, in my own opinion, tbey do|
but then there is generally fo great adif.
liculty in making out a aife o^ the klod
in evidenoct that it may be perhaps
worth the plaintiff^s while to take the
chance which a cafe of the ibrt may af-
ford him; but if, on the other Iwid,
the dniffc can be deariy fhcwn to have
been given on fuch illegal confidcratioo.
then I cannot adv.fe the proceeding oi\
it: at all events, however, he is noc
without his remedy agarnft J. D. G. or
the peribn from whom be rvceived the
cheque, but may recover hack the confi.
deration money for it, in an ^Boosk fee.
money bad and received* V. Lawis«
Declarafon at WARWICKSHIRE, to wit. John Whittalcer complains of
fuit of the huf g^^^^j Hill bepii:, &c. in a plea of trefpafs on the cafe^ &c. for
band alone upon , 1 1 r • j t- it e • i- -
a promiflbry ^"^^ whereas the laid bam u el heretofore, to wit, on the twentj-
notemadetothe fifth day of March in the year of Our Lord 1788, at Birmfng-
wifewhiiftfole, ham in the county of Warwick, made his ceitain note in writing^
but payable by commonly called a promifibry note, fiibfcribed with his own pro»
t me happening P^^ hand, and bearing date the day and year aforefaid, and there-
after the mar. by proirifed to pay to one Sarah Toy, by the narhe and defcrip-
riage, for five tion of Mrs. S. T. ten pounds ten (hillings, at different inftal-
cut cf fcven of mcnts, that is to fey, one guinea at the end of every three months
l^cruTd^'dS ^""^^ ^^^ ^^^ thereof, until the whole fum Qiould be paid, for
ihc marriage" value receive4, and then and there delivered the faid note to the
faid Sarah Toy ; by reafon whereof, and by force of the ftattite in
that cafe made and provided, the faid S^niuel became liable to pay
to the faid S. T. the faid fum of money in the faid note mentioned^
according to the tenor and effeft of tHe faid note. And the fait)
John in Ud fays, that after the making of the (lid notcj and I
the
By payee. 375
the whole of the money therein mentioned became payable* to wity
on the thirty-firft day of Odober in the year aforefaid, to wit> at
B. 2foreraid, in the county aforefaid, he the faiJ John intermarried
with the faid S. T. who then and there became, and was and ftill
is, the Ia\Arful wife of him the fiiid John; and he the. faid Joha
then and there became and was and yet is lawfully poflefied of the
faid note. And the faid John further fays, that after his faid inter-
marriage, and before the exhibiting of the bill of the faid John, to
wit, on the twenty-fifth day of December in the year of Our Lord
1790, at B. aforefaid, in the county aforefaid, a great part of the
faid fum of money in the faid note fpecified, to wit, the fum of
five pounds five (hillings, for five of the faid indalments in the
faid note mentioned, accrued fince the faid intermarriage, and was
due and payable from the faid Samuel upon and according to tl)e
tenor and efFeA of the faid note ; of which faid premifes the faid
Samuel then and there had due notice : whereby, and by reafon of
which faid fevcral premifes, he the faid Samuel became liable to
pay to the faid John the faid fum of five pounds five (hillings ;
ind being fo liable, he the. fad Samuel, in confideration thereof^
afterwards, to wit, on the day and year laft aforefaid, at B. afore-
faid, in the county aforefaid, undertook, and faithfully promifed
the faid John to pay him the faid fum of money, when he the faid
Samuel mould be thereto afterwards requeded. And whereas the id Count on ^
faid Samuel heretofore, to wit, on the twenty-fifih day of March promife to pair
in the year of Our Lord 1788. at B. aforefaid, in the county ^* *»"^™* ^
aK)refatd, made his certain other note in writmg, commonly confideratioa «f
called a promilTory note, fubfcribed with his own proper hand, f6it}canuice«
and bearing date the day and year lall aforefaid, and thereby pro*
mifed to pay to the faidS. T. by the name and defcription of Mrs«
S. T, ten pounds ten (hillings, at different inOments, that is to
(iay, one guinea every three months from the date thereof until
the whole (hould be paid, for value received, and then and there
delivered the f^id hft mentioned note to the faid S. T. ; by means
whereof, and by force of the ftatutc in fuch cafe made and pro-
vided, the faid Samuel became liable to pay to the faid S. the faid
fum of money in the faid note fpecified, according to the tenor and
tSt&. thereof. And the faid John in fad fays, that after the mak-
ing of the f^id laft mentioned note, and before the faid fum of
money therein mentioned became due, according to the tenor and
efie<^ theieof, to wit, on the faid thirty-fir(i day of October ia
the laid year of Our Lord 178^$, at B- aforefaid, in the county
aforefaid, he the laid John intermarried with the fi^id S. T. who
then and there became, and was 9,t\d ftill is, the lawfu) wife of the
(aid John, And the (aid John in £i£t further faith, that after his
(aid intermarriage, and before the e:i(hi]piting of the bill of the faid
John, to wit, on the day of in the year of Our Lord
17 at B« aforefaid, io the cotinty afbrefaid, divers, to wit, ifthmhatbcen
of the faid inftalments in the faid laft mentioned note fpc- ^y pnmife mi
pxynient by tha
4efefldftnt, fill thii hiank with the day on which the preceding inftalments bccanK <lttc. If OOC lA
ptM be filed mrfi ih<e d^f when tlie 5th inftalmc^ ^9.s^P¥. ^^%\ * ^
9i^i «ificd^
J76
ASSUMPSIT GENERAL.— Qn PROMISSO?lY NOTES,
ciiied, became due apd payable, according to the tenor and eflfed
of the faid note; whereof the (aid Samuel then and tbere had no*
tice : in confideration whereof, and alfo in coniideration that the
faid John would then and thtre forbear and give day of payment to
the faid Samuel for the fame for a reafonabje time, he the faid S.
undertook, and then and there faithfully prpmifed the (aid John to
pay him the faid feveral inflalpients fo become due as aforefaid*
And the faid John in fad fays, that he, confiding in the faid lafl
mentioned promife apd undertaking of the {hid Samuel, did there-
upon forbear and give day of payment to the f tid 3 for the faid
feveral inttalnlent?, amounting m the whole to a large fum of
money, to wit^ the fum of poqnds, for a long and reafon-
able time, to wit, from the tjnie of making the faid lad mention-
ied promife and underjtaking till the time of exhibiting the biH
of the iaid John in this behalf, to wit^ at B. aforefaid, in th^
pounty aforefaid, &c« T Counts for money had and received;
money paid ; account ftated j and common conclufion.)
Now that 1 have drawn this rieclara-
lion, 1 CAnhot help feeling a' little dubi-
ous as to the l\rifk propriety of tlie form
pfadion. 1 have carefully contracted
it witli all the cafes to be fpund on the
points and find that it goes further than
knyofthem, in attmftini to Ju; fort O'de-
^afd hy the bv^andelonef upon an aSual
tontraS made tmtb tb* wife Bir oas the
tnarr'iaga^ wthout any tXfrt^i ftomife to the
kujffand A p r X a. In all the authorities I
tiave met with> where the huiband has
fped alooe on a cpntrsA with the wife
whilft fok, he has alledgcd an expnfs
promife to nimfelf after the marriage,
founded on the former. But we have
here attempted to raife an imflud af-
fian^ in Uw to the hufband alone out
of a fecuhty given to the wite t}efore
coverture, on the ^und of i(s not be-
ing payable till after. T^hJs reafon fer
it niay be giveni that by the marriage
the fecuriry veits in pofleffion in the
hu|band alone, and the money not be-
coming due till af;crnrardS| cpnne^ ths
z<m with ttie thing on which it foond*
itfclf, now the hu/band*s fole property^
and thereby gives him an ele^ion to foe
alone. \n tliis I think there is ibme-
thing like laW| but i( xs pcrfcAIy nrwy
and unfupponed bydeciiiona; £jr whic^
reafon 1 have added a ad Count, dating a
promife to the hulband in confidenitioi|
oi forbearatue\ which, if fopported by
iHfidence, will be gcod , if not, and pUin-
tift' Oiould obtain a verdi^ without anj
phjtAion being taken in pleading to the
firii Coun^, I would advife him to enter
up hi^ judv^ment on the Cpun^ ior mopey
h^d ^nd received. ' T* Baai o^.
peclarati^m SOMERSETSHIRE, Jo wjt. John Jamp?, adminjilrator
againft Ad- pf all and fmgular the gopd^, chattels, and credits which were be-*
ininirtrator longing tp Betty James deceafed, at the time of her death, who
nority of thc'in- ^ica ipteftate during the minority of John James, an infant, coro-
feAate's infant plains of Charlcs Symes, being in the cuflody, &c. for that
ion) on a {iro. whereas the faid Charles Symes, in the lifetime of the faid Betty
miiTary note, jamcs, to Wit,* on the thirty- firft ^ay of A uguft in the year of Out
rinuflar^ f^Jf'^Xord 1794* at Radttock in the cpunty of Somcrfet afor^&id,
▼. Drawer, J . ,f^^' , . ^ , ■ I . "^ ', „. .«-•
made his certain note m writing, commonly called a proipmory
note, bearing date the day and year aforefaid^ and then and th^
iielivered the faid note to the faid Betty James ; by which fiiidnocc
the faid Charlef Symes promiied to pay to the i^id Betty Jame^
|)y the name and defcrip tion of Mrs. Betty James, or ofder, dyi
': ' ' .'• ■• ■ ~ ■ ■ f«^
By P A Y E E. 377
film of four hundred and thirty-fcven pounds^ with intereft for
the (amC) after the rate of three pounds fifteen (hillings in Che
hundred pounds by the year, for value received ; by reafon v/hcre-
of, and by force of the ftatuce in fuch cafe lately mads and pro-
videdy the faid Charles Symes became liable to pay to the faid r
Betty James the faid fum of money, with the intereft in the faid
note contained, when he the faid Charles Symes fhould be thereto
afterwards requeued ; and being fo liable, he the faid Charles
Symes, in confideration thereof, afterwards, to wit, on the day
and year aforcfaid, at Radftock aforefaid, in the county aforefaid,
undertook, and to the faid Betty James then and there faithfully
promifed to pay her the faid fum of money, with the intereft for
the fame, in the faid note contained, when he the faid Charles
Symes (hould be thereunto afterwards requefted. And whereas 2d Count for «/t
olfo the faid Charles Symes, afterwards, in the lifetime of the faid and ^cupaticn
Betty James, to wit, on the fame day and year aforefaid, at, &c. <*uring the /in^
oforeiaid) was indebted 10 the faid Betty James in other one ^^J'*^"^'* ia^'m^
thouikud pounds, of, &c. for the ufe and occupation of feveral
clofes of ground, to wit, fifty acres of land, fifty acres of meadow,
and fifty acres of pafture, with the appurtenances, of the faid
B* J. fituate, lying, and being in the parifh of R. aforefaid, in
the county aforefaid, by the faid C. S. and at the fpecial inftance
and requeft of the faid C. S. by the permiiiion of the faid B. J.
for a long time, before that time, had, held, ufed, occupied, pof«
feiled, and enjoyed ; and being fo indebted, &c. undertook, &c,
to pay her the faid laft mentiontd fum of money, when, &cc.
(^antum meruit for the ufe and occupation of fifty other acres of ^^Bf^t^ mntii,
land, fifty other acres, &c. ; and that the faid C. S. by virtue of
the faid iq/i mentioned p^mijjion^ &c. had held, &c. Counts for
money lent, and on account ilated, fame as for ufe and occupa*
tion.) And whereas alio ihe faid C. S. afterwards, and after tnc p^^ ^^^ ^^ ^^
death of the faid Betty James, to wit, on the tenth day of May cupation, an<f
A. D. 17931 at R. aforefaid, in the county aforefaid, was in- 9r\ qumtum pe.
debted to the faid John James, as fuch udminijirator as aforefaid, ''"' '^ Adrmmf*
mother one thoufand pounds, of Ijke, i^c. for the ufe and occu- "'^'«^*"»«'''i*'-
pation of feveral other clofes of groun'd, to w|t, fifty acres of
pther land, 2(c. &c. of the faid John James y as iuch adminijlrator
as aforefaid, fituate,- ^c. by the faid C. S. at the fpecial inftance,
&c. of the faid C. S. by the permiflion of the faid John James as
fuch adminijlrator as aforefaid, fof a long time, before tnat time, *
had, held, &c. and being fo indebted, &c. undertook to the faid
John James, as fuch admini/irator as aforefaid, then and there, &c.
[Count on a quantum meruit.^ Yet the laid C« S. hath not paid Conduflon by
the iaid feverll fums of ftioney, or any part thereof, either to the Mnimiiratip
laid J5. J. in her lifetime, or to the faid John James, theplaintiffy durante nworttgte
fince the death of the faid Betty James, (to which faid John James, ®^*° *'^*"''
the plaintiffy adminift ration of all and fingular the goods and chat*
fels, rights and credits, which were belonging to the faid Betty
James at the tjme of her death, who died inteftate on the twentieth
day of March A, D. 17^2) at |lt 4forcfai4> in the county afore-
" ' ' ' " '^aid,
3/8 ASSUMPSIT GENERAL,--On PROMISSORY NOTES.
faid, by Charles by divine permiflion bifhop of Bath and Welli*
in due form of law* was granted, during the minority of the (kid
^ohn ycmes the minor ^) although fo to do the faid C. S. after-
wards, by the faid B. J. in her lifetime, and by the iaid Joha
James, the plaintiff^ after the death of Lhc faid Betty James, was
duly requefted ; but to pay the fiime to them, or either of them,
the faid C. S. hath hirherto wholly refufed, and ft ill doth refufe:
whereupon the faid J. J. faith that he is injured, and bath fuftain*
ed damage to the amount of two thouf^s nd pounds, 'and therefore
he brings his fuit, &c. And he brings here into court the letters
^^J'^^* of adminiftration of the faid bifliop, which fufficiently prove fio
the Court here the granting of adminiftration aforefaid to the fak}
J. J. the plaifUl^\n form aforefaid, the date whereof is the fame
day and year in that behalf aforefaid ; with thii^ that the faid J. J.
Averment. will verify, ihat the faid J. J. the minor above naaie4 is fiiU
wich^i U^e age> to wit, at R. aforefaid, Pledges> &c.
V. GiBBSi
By first indorsee.
ftii<rfce againft FOR that whereas one J. B. (the drawer,) heretofore^ to wil»
tbc Jiiderjtr. an the fourth day of December, A.D, 1 7891 at. Sic. made and figned
his certain note in writing, commonly called, &c. bearing date,
&c. ^nd thereby promiied to pay to the faid C i>. (the payee,
(i) Ana. 2SS. i,jj(,rfor^ ^nd dcfvhdnnt) by the name of, &a (i), or order, &c,
;md then and there delivered the faid note to the faid C. D« ; and
the faid CD. {a) t$ wb^rr^ or to whofe order the iaid Aim of
money in the faid note fpecitied was to be p^id, afterwards, and
bvfnrc th- payment (4" »he faid fum of money, or o^any part iJiere*
fj^LordRnym. ot {b), tp wit (2), on the {c) day and year a|fore^idj at, &c.
yiy, iz. iMod. aforcfiiid)
(rt) Wbco the wore is payable (d) /« and the like^ it certairly cannot ; but if
tir Older ci ti.e indorfor niertly, and not the negociari9n be bona fid:, and m tha
/9 ihn or ordfr^ you omit the w rdii to ordinairy courfc of tiade, it may. The
^iba-!, as bting inconfifttnt >vlth the imprudence ©f declaring wkh the avcr-
tsr.or ci the note. mrnt in queAion arifes fjXKXi its frequent
{i) We IVc^^ucntly find ttus allegation Tariance from the fa^Ct^ which, accordia^
carr.t ri f.n thr^ than it is here by the aver- to the Qpmi9n of Hol(, (in an a^z^o oa
n.crnt c.l\!i.: (c)indorfeinent*sbeini;made bill of exchange,) is (^tal (g). See
*' ht-l' TV it.r rxj)Iiation of the time ap- Cunnkigh. Lawo^'BiUs, &c. 83, 4. JJy
pc.r.ud fcr payment of the ncte j"' but declaring generally, (as is hrrt done,)
Tt ib lu iiiicr nccc0ary nor indent to de« the time of the indorfrment is jnimaicri*
car..! U. It feems to h-ivearifen, ho.w- al; but by dtcUring ^vjib the ^^frmaiui
ever, fi om a notion, that a^ note canncf, furfiipn^ it u rcxdcnd otbtr^jr.
(f } c'-- indoiftd after the d.iy of payment. (c) As the rimepf theindorfement ^
Fvr r.ny unfair puq^ofes, a» to dep.ivc • immaterial, except when plaint^ c:iQ<^
, tiic of'iwer of the bemiit of a ^totf, fnes himieif by che allegations alhided
(ri) Cartli.4cv 1 ^how. %. (g) Jackfon and Pigot, i. Ld.Rayflu
fc) Doug. 496. where one- indoif.'S a 364. S. C 1. SaJk. 127. Canh. 4^9-
rore before fum and time of payment iz. Kod. zii. Decided contra by j^rd
p:tption(d in nute. Ktnyon u N. P. 17^2?
[{) bee V T. Rfp 80 R3, D. a-
Bt first indorsee-
379
mforeTaicl, inJ9rfid the faid note, and bjr that indorfement appoint- indorfement,
^d the money in the faid note fpecified to be paid to the faid E, F» Doug. 6ii.
(the plaintiff and indorfee,) and then and there ielivend the faid
note, fo indorfed, to the faid E. F. : and the faid E.F. avers (d)
that at the (e) end and expiration of the time appointed for payment
qfthevwity in the faid note fpecified^ to wit, on xkt (/) {7) (3) Ruflitoo v,
day of in the year afbrefaid, at, &c. afore&id, the AfpinaU, Doug,
faid note was &ewn (4) and prefented to the faid A. B. (ihe ^54- • «nd fee
drawer,) for payment of the money therein mentioned; *"^ '^^ ^e«**"«n*te"*^
was then and there requeftcd to pay the fame to him the faid E. F* ^^^
(the plaintiff and indorfee,) according to the tenor and effe^ of (4) and Rom*
the- faid note, and of the faid indorfement fo thereon made as afore- ball v. B«u,
feid ; but the (aid J. B. (the drawer) did not, when the faid note ^^'^^' 3|^
was ibewn and prefented to him as afore&id, nor at any other B^yJ|*^^ nJJ.
time whacibever, pay the money therein mentioned, or any part &q. |^
thereof, to him the faid £. F. (the plaintiff,) but wholly refufed *'
£> to do, and therein wholly failed and made default ; whereof the
hid C. D. (defendant and indorfee) afterwards, to wit, on the day
and Year laft aforefaid, at, &c. afoiipfaid, had notice | and thereby,
and by reafon of the feveral other premifes aforefaid, and by forco
«f the ftatate, &c. became liable to pay, &c. wh^n he Jhould he
thereto afterwards requejied'f and being fo liable, &c. ( Ailunup*
fit accordingly.)
fo ip the note (</), £> youmyy i(#te k to
have been made on the day cf the date
o^ the note ; but if you declare on an
indorfement made after the day of pay-
ment, you mud of courfe vary the day,
and lay it fgrne time iubfequent to fuch
period*
' {d) This averment is abfolutely «mr-
(etial, as defendant only undertook to
pay upon the default •f the drawer, and
k j« equally necedVy, whether the in-
ckTienicnt be after the day of payment or
ktfvrt.
{e) Ifthe declaration be on an indor(e«
ment made after \Yic day of payment, you
may vary tliis expreflion, and il^te (he
•crlentins the note to be after the ti^iiuig
^ the mfiprftmeKt^ and not at the end of
tlic time appointed, &c. to wit, on thp
day and year laft afbrefaid.
(/) The day when the pofe became
due, Including the three dayi ofgtaciy (h )
are not, it Oiould feem, demandable io
right in the cafe of pranniilbry notes;
but as the cullom is to give tUeni» and
the fa^ #f the ofe are coniiiUnt with
the allegation^ fo wc reco^Ize it h»
ple^ng,
(h) Appleton v. Sweetapple, B. R. M.
23. G. III. Str. 416. XX75. 248. 415^
416. 91a Ld. Raym. 928. Salk. 13%;
Bl. X. Ld« Rayrn* 743. 1076. a. ^
Com. 46^
FOR tb^t whereas the faid C. D. to wit^ on the fifteenth day ,|^ j^^^
9f September A. P* 17^9^ at Wefttninfter in the county of Mid. gainft iiZikr oq
dlefex, made his certain not« in writing) commonly called a a note payable
promijlbry notc^ his own proper ha|i4 bciiig thereunto fubfcribed^ '• '^" partners^
bearing date the fame day and year aforefaid, and then and there ^^l'!^ **^
^livered the faid note to £• F. and G. being then and there ^^^'• *** ^^*
turs and joint dealers together in the way of their trade and com^
perce ; by which f^d note he the faid C. D. then and there pro^
mifcd to pay after the date thereof, to the faid E. F. and G.
C^y ^ nan^e and addition of Mcflr^. £* £. and G.) or theic
28o
Ipdorfcflient.
ASSUMPSIT GENERAL— On PROMISSORY NOTES.
joint order, the Aim of eighty pound«, for value received ; and
the faid E, for himjetf^ and ihe fatd F, and G. his faid partners^
to which fciid E. and F. and G. or their joint order the pajrment
of the faid fum of money, in the (aid note fpecified, was by the
faid note to be made, after the making the faid note, and before the
payment of the faid fum of money in the faid note fpecified, to wit»
on the fame day and year aforefaid, at, &c. aforefaid, iniorfed the
faid note, his own proper hand writing being to fuch indorfe*
ment fubfcribed ; by which faid indorfement he the (aid E. for
himfcif, and the faid I' . and G. his faid partners, then and there
ordered and appointed the faid fum of money, in the laid note
fpecified, to be paid to the faid A. B. and then and there deliver^
id the faid note, fo indorfed as aforefaid, to the fiiid A. B. ; of
which faid indorfement fo made on the faid note as aforefaid, the
faid C. D. afterwards, to wit, on the fame day and year aforeiaid,
at, &c. aforefaid, had notice : by means whereof, and by force of
the fiatute in fuch cafe made and provided, he the faid C. D. be-
came liable to pay to the faid A. B. the'/aid fum of money in the
faid note fpecified, according to the tenor and efFeS of the laid
note, and of the faid indorfement fo made thereon as aforefaid ; and
being fo liable, he the faid C D. in coniideration thereof, after-
wards, to wit, on the fame day and year aforefaid, at, &c. afore-
faid, undertook, and then and there faithfully promifed the faid
A. B. to pay him the faid fum cf money in the faid note fpecified,
according to the tenor and effect of the (aid note, and of the &id
indorfement fo made thereon as aforefaid.
Declaration In CHARLES CHAUNGBOLD, by A. Mufgrave his attorney,
the Borough complains of fiichard Lewis of a plea of trefpafs on the cafe ; for
Court on a pro- that whercas the faid Richard Lewis, on the twentieth day of
bl^^^'dT^-'^ April in the year of Our Lord 1774, at the borough ofSouth-
ftalmcntf ^/»- ^^^^ '" ^^^ County of Surrey, and within the jutifii^ion of this
d^ijee V. klaker. court^ made his certain note in writing, commonly called a pro-
mifTory note, fubfcribed with his own proper hand, bearing date
the fame day and ye^r aforefaid, and then and there delivered the
faid not^ to one Jofcph W^dron, and thereby then and there, on
demand, promifed to pay to the faid Jofeph, or order, the /im ^
three pounds^ for value received by the faid Richard, the fame to
be paid at one (hilling and fixpencc by the week, from the date of
the faid note, but, in neglect of any one payment of the faid note,
to be en demand \ and the fatd Jofeph, to whom or to whofe order
the payment of the faid fum of three pounds in the (aid note men-
tioned was to be made, afterwards, and before the payment of the
faid fum of money mentioned in the faid note, or of any partthere-
Iridofrcmedt of, to wit, on, &c. at, &c. Within, &c. ind$rfed the faid note, his
own proper hand being thereto fubfcribed, and thereby then and
th«re appointed the contents of the faid note, fo indorfed, to be
paid to the faid Charles *, whereof the faid Richard then and there
had notice: and by reafon whereof, and by force of the statute. in
. ■ * • that
Bt first indorsee. 38«
that cafe made and provided, the faid Richard became liable to
pay to the faid Charles the faid three pounds contained in the faid
note, according to the tenor and efFeft of the faid note ; and be-
ing fo liable, he the faid Richard, in conGderation thereof, after-
wardsfj to wit, on, &c» at, &c. within^ t^c. undertook, and thert
and there faithfully promifed the faid Charles to pay him the faid
fum of money contained in the faid note, according to the tcnoi"
and efFeft of the faid note. And the faid Charles in faft fays, that
the faid Rithard did not pay to the laid Jofeph before the faid in-
dorfement, or to the faid Charles fince the faid iridorfement, the
firft payment of one (hilling and fixpence, which became due by
virtue of the faid note on the fix th day of May in thfe year afore -
laid, &c. within, -Sec, but therein then and there wholly failed and
made default, whereby the f^id whole three pounds mentioned in
the faid note, then and there became due and payable at, &c.
witbiny &c. ; of all which faid premifes the faid Richard after*
wards, to wit, on the feventh day of May^ at, &c. within^ &r«
bad notice, and was then and there required by the faid Charles
to pay hi«n the faid whole three pounds, mentioned in the faid note,
and which the faid Richard then and there ought to have done»
according to the tenor and ttftSt of the faid note, and of his* pro-
mife and undertaking aforefaid : yet the faid Richard, not re«
garding, &c. but contriving, &c. hath not yet paid, &c. (al*
Siough, &c.) but to pay the fame to the faid Charles hath hither-
to wholly refufed, and uill refufes. (Another Count on the note
in the common way ; money had and received ; and common
conclufion to the two la*ft Counts. )
Before die Mayor and Aldermen in the Chamber of the Guildhall
of the City of London.
JOHN HENRY BROME, by A. B. his attorney, com- JJ^^^'cT^urt
plains againft G. F. and M. his wife, (which faid M. doth fell ^y a^ ^j^t^
nurcbanaize^ and trade with merchandize in the art of a milliner asainft thcHu/^
within the city of London,) in a plea of trefpafs on the cafe ; for ^^^^ ^^ ^f'
that whereas, on, &c. at, &c. the laid M. {4hen and now being the ®" • promiflbry
wife of the faid G. F, and then and now trading and merchandize J^^^/J^, /i/
ing within the faid city^ in the art aforefaid^ alonoy and without t^ad^'^ZJ^ng
her faid hu/band'^ according to the cuftom of the faid city^) made her /• the cuftom of
certain note in writing, comitionly called a promiflbry note, fub- ^m^M.
(bribed with her own proper hand, and bearing date the fame day
and year aforelaid, and then and there delivered the faid note to one
W. S. by which faid note the faid M. fix months after the date
of the faid note, promifed to pay to the faid W, S. by the name
of, &C. or order, the fum of twenty-two pounds value received :
and the faid twenty-two pounds being wholly unpaid, he the faid
W. S. on, &c. at, &c. by a certain indorfement in the laid note by ^""^^^^'^^
him made, and with his own proper hand thereto fubfcribed, or-
dered and appointed the contents of the faid note to be paid to the
laid plaintiff, and then and there delivered the faid note, fo in-
dorfed, to' the faid plaintiff j whereof the faid M, afterwards, to
wit,
Ztt ASSUMPSIT GENERAL.— On PROMISSORY NOTES.
wit, on, &c. at, &c. had notice : by means of which preimfes»
and alfo by force of the ftatute in iuch cafe made and provided, the
laid M. became liable to pay to the faid plaintiff die faid twenty-
two pounds in the faid note mentioned, according to the tenor and
effefi of the faid note, and the faid indorfemcnt fo made thereon as
aforefaid ; and being fo liabley (he the faid M. &c. undertook, &c.
' T. Bbckflone, Rep. 574. it if faid the cuHom being a good one* vfe maj
by Lord Mansfield, ** Any adion ctiat be made of it in any court in the kii!{«
is brought againft the wife by her credi-i> dom.
tors niuA be in the City Courts.*' But
llll^il^Ex^ LONDON, to wit. G. H. complains of R. L. being, &c.;
teuftix of Payee for that whereas the faid>R. L. on, ice, at, &c. ink &c. niade his
indorfrd after Certain note in writing, commonly called a promiifory note, fub-
Kita:or's death, fcribed with his own proper hand, bearing dace the lame day and
year aforefaid, and then and there delivered the (aid note to one
A. B. and thereby, four months after date, promifed to
pay to the faid A. a. (by the name of, &c.) or order, the fum
of fix pounds ; and the faid A* B. to whom or to whofe ordier the
payment of the faid fum of money mentioned in the &id
note was to be made, afterwards, and before the payment
of the faid fum of money mentioned in the faid note, or
any part thereof, and before the time appointed by the faid note for
the payment thereof, to wit, on, &c at, &c. died, having firft
made his laft will and teflament in writing, and thereby ap-
pointed his wife M. B. executrix thereof; and the faid fum of
money mentioned in the (aid note being wholly unpaid, £he the
faid M. B. therefore afterwards, to wit, on, &c. at, &c. duly
proved the (aid laft will and teftament of the ^id A. B. and took
upon herfelf the charge and burthen of the execution thereof: and
the faid M. B. afterwards, to«wit, on, &c. at, &c. as executrix in
form aforclaid, the faid fum of money mentioned in the faid note
being then and there wholly unpaid, tndorfed the faid note, her own
lodorfjir.ent. proper hand-writing being ihereuntofubfcribed; andbythat indorle-
ment ihe the faid M. as executrix as aforefaid, appointed the con-
tents of the faid note to be paid to the faid plaintiff, and then and
there delivered the faid note, (j indorfed, to the faid plaintiff; of
all which laid pfe miles the faid Richard afterwards, to wit, on,&c.
at, &c. had notice : and by renfon of the premifes, and by force of
thejiatute in fuch cafe made and provided, he the faid Richard
beca<ne liable to pay to the faid plaintiff the faid fum of money
mentioned in the faid note, according to the tenor and ^StSt of
the faid note, and of the faid indorfement fo made thereon as
aforefaid; and being fo liable, &c. undertook, && (Add the com*
mon money Counts ^ breach.)
Decoration on a LONDON, to wit R. M. V. W. P. for that whereas the
prorajiTory note, ^^^ ^^ p^ ^^ ^^^ ^ ^^ made his Certain note in writing, com*-
wbich was in- ' . . „, . .^ . .* .. .^
dorftd by the AixiiKj/frii^njt of Drawee, aftcriii* death, x» Piainuffi agamlt the Drawer.
maily
Bv SECOND INDORSEE. S^J
tndnly called a proraiffory note, his own proper hand being there-
unto fubfcribed, and bearing date the fame d*iy and year aforefaid,
and then and there delivered the faid note to one A. B. and there^
by promifed to pay to the faid A. B. by the name of, &c. or
order, twenty pounds, four months after date, value received : and
the faid R. M. avers, that the faid A. B. afterwards, and before
the payment of the faid fum of money, or of any part thereof, to
wit, on, &c. at, &c, died inteftate ; and-thereupon afterwards, to
wit, on, &c- adminiftration of all and fingular the goods and chat-
tels, rights and credits which were of the faid A. B. at the time
of his death, by Thomas by divine permiffion archbi(hop of Can- .
terbury, primate of all England, and metropolitan, to one C. B.
tc\\& and widow of the faid A. B. in due form of lavy was granted ;
and thereupon the faid C B. as adminiflratrix in form aforefaid,
afterward:?, and before the payment of the faid fum of money men-
tioned in the faid note, or any part thereof, to wit, on, &c. at,
&c. indorfed the faid note, her own proper hand-writing being
thereto fubfcribed ^ and by that indorfement (he the faid C B. as
adminiflratrix as aforefaid, appointed the contents of the faid note
to be paid to the faid plaintiff; whereof the faid W. P. afterwards,-
to wit, on, &c. at, &c. had notice ; by means of -which (laid pre-
^mifes, and by force of toe ftatute in fuch cafe madi and providjd%
the f/iid VV/P. became liable to pay to the faid plaintift' the f^id
fum of money mentioned in the faid note, according to the tenor
and efFoct of the faid note, and of the faid indorfement fo madtt-
therccn as a/orefaid ; and being fo liable, &c. ( Add the common
Counts.)
SECOND INDORSEE.
THAT whereas, [&c, ftate the making and delivery of note The Stcond (5)
by ^tf/^ defendants in the ordinary way, and then proceed as fol- Ifulorfri agamit
lows:] And the faid A. (the payee and Srft ir.dorfer, to v/hom or ^"^^^ (P"*-
to whofe order the payment of the laid fum of money in the (aijd USc^bouT*
note fpecified was to be made, afterwards, and before the payment (*) salk, 1*7.
of the faid fum of money in the faid note fp^^cified, or of any part Ld. Raym. 444.
thereof, to ^t, on the day and year aforefaid, at, &c. aforefaid, a.Bam.B.R. 81.
indsrfed the faid note, and by that indorfement appointed the faid ^JIjA"^
fum of money in the faid note fpecified to be paid to one B. (the
firft indorfee and fecond indorfer,) and then and there hlU
t/^r«/ the faid note, fo indorfed as aforefaid, to the faid B.- and the
faid B. to whom or to whofc order the faid fu n of money in the
(aid note fpecified was by virtue of the laid indorfement (o mad:?
thereon as aforefaid to be paid, afterward?, and before the payment
of the faid fum of money in the faid note fpecified, or of any part
thereof, to wit, on the dav and year aforefaid, at, &c. aforefaid, in- ^^ indorfement.
dorfsd^ Sec, and by that inaorfement appointed, &c. to be paid to the Dwjg. hit,
fitid Z>. (the plaintiff and fecond indorfee^} and then and there de- Burr. x$23»45S.
livcredy
38* ASSUMPSIT G}ENERAL.-On PfcOMISSORTT NOtES.
livered, &c. (as before) ; of which fiadfifr^alindorfementsfo made
on the faid note as aforefaid, the faid E. and F* (drawers and de-
fendants,) afterwards, to wit, on the day and year aforelaid, sf,'
&c. aforefaid, had notice : whereby, and by reafoa of which (aid
fcveral premifes, and by force of the ftatute, &6. the faid £. and
F. (defendants and drawers) became liable to pay, &c. according
to the tenor and eft'eftof the faid note, and of the faid feveral la)
indoriements fo thereon made as aforefaid ; and being fo fiable, cexi.
undertook, &c. according to the tenor and tS^St of the (kid note and
the (aid feveral indorfements, &c.
{a) This Teems proper, as it is not ment feeins Co mach attended t*» that ft
•nly by rcafon of the note^ but of the hks been held fafflflient eiren in onSinaty
iodorfement alfo, chat defendant becomes cafes, to ftate the obKgttion of payment^
liable to pay to the plaintifF : however^ as well as promifey to be *■ acoordioc
Wliencver the wdbriment be to pay at m to the tenor of fuch indoifMteht,** with-
dxfftrent utnt than the note, ycu fliould dit mentioning the tioce, though it wat
oanfine the obligation of payment to the objcdcd the indoriement might be ca
ttnur 9f j'ucb indorjtmenty and not of the pky 9X an earlier period thia the nocsk
note likewxfe ; and indeed the indorfe- Stra. 478.
t)edarati«i on a JAMES HOLM AN, latc of London, aforefaid, was attadied
promiflbrynoie, &c* ^r that whereas the faid James, on the, &c. at, &c. niade
StcMd hderjee his Certain note in writing, commonly called a promiflbry note^
-9. Maker where fubfcribed with his own proper hand, and bearing date the brat
^^bfdt* "'i ^y ^^^ y^^ aforefaid, and tlien and there delivered ih^ faid note ta
^IthefirJTM^' 9^^ Thomas Weir, and thereby promifed to pay to th§ faid Tha.
j^. mas, by the name of, &c. or order, the fum of fevcnty pounds
fterling, on the, &c. n?xt enfuing the date of the faid note, for va-
lue received by the faid James : and the faid Hiomas, to whom or
to whofe order the payment of the faid fum of money contained in
the faid note was to be made, after the making of the (aid note, and
before the payment of the (aid fum of money contained in the bai
note, or any part thereof^ and aljo before the time appointed by thi
faid note for the payment thereof ^ to wit, on, &c. at, &c. afQre(aid|
IndoifemoiL indorfed the it\\di note, his own proper hand being thereto fuUcrib-
ed, and by that indorfement appointed the contents of the (judnote
to be paid to one George Spencer, and then and there delivered the
faiil note to the faid George Spencer; whereof the faid James af-
terwards, to wit^ on, &c. at, &c. had notice ; and thereupon the (aid
lames afterwards, to wit, on, ^c. at, &c. paid to the faid George tea
pounds, part payment ofthefaidfeventy pounds in the faid note con-
tained : and the faid George afterwards^ and before the payment
of the faid fixty pounds, refidue of the faid feventy pounds m the
faid note contained, or of any part thereof, to the faid George, to
ad Tndoffement wit, on, &c. at, &c. indorjed the faid note, his own proper hand
iUtr part paid, being thereto fubfcribed ; and by that faid laft mentioned indorfe-
and betorc pay- ment the (iid George appointed the faid fixty pounds, the faid rc-
mtrit cf the re j[jj.jg ^^ ^v^g f^jj fyrn of money in the faid note contained, to be
^'""^' paid to the faid William, and then and there delivered the (aid
note to the faid William \ whereof the faid James afterwards, to
By second indorsee. 385
wit, on, ice. tt, &c. had notice : and by reafon of the premifes^
and by/orci of tbejlatutt in fuch cafe made and provide<i, the faid
James, became liable to pay the faid fixty pounds, the rejidueoi the
faid fum of money in the faid note Contained, to the faid William,
according to the tenor and efFe£t of the faid note, and the faid /^- \
ti/m/ ind^rfements fo made thereon as aforefaid ; and being fo iia«
bie, he the (aid James^ in confideration thereof, afterwards, to
wit, on, &c. at, &c. undertook, and then and there faithfiilly prp^
mifed the faid William to pay him the faid fixty pounds, njtdue of
the faid fum of money in the faid note contained, according to the
tenor and efFe£l of the (aid note, and of the faid feveral indorfe^
ments fo made thereon as aforeikid. (Add the common money
Counts and conclufion.)
LONDON, to wit* j! S. E. S. J. T. V. P. S. E. C* DccUratlon by
and P. M. affignees of the goods, debts, and efFe(ds which were the Ajjignw of
of T. C. and J. H. late furviving copartners in trade together, ^^'^ furifiving
having furvived one J. B. deceafed, who in his lifetime, together ^^^senndtZ
with the (aid T. C* and J. H, were partners and joint dealers in ^^^fen of a pro!
trade, and which faid T. C« and J. H. furviving partners as afore- miflb^ now, a.
faid, iince the deceafeof the faid J. R. dece^ed as aforefaid, are gainft jfj/i^nea
bankrupts, within the true intent and meaning of the feveral fta- ^^Makm.
tutes made and now in force concerning bankrupts, complain
againft R« C. J. D. and W. M. affignees of the goods, debts,
-and effeds which were of F. S. and W. H, late copartners in
trade together, bankrupts, within the intent and meaning of the •
feveral ftatutes made and now in force concerning bankrupts, be-
ing in the cuftody of, &c, for that whereas the faid F. S. and
W. H. after the hrfl day of May which was in the year of Our
Lord , and before they became bankrupts, to wit, on, &c.
A. D. 1780, at, &c. in, &c. made their certain note in writing,
commonly called a promilTory note, with the proper hand-writing
of one of them the faid l\ S. and W. H- by and in their partner-
ihip name, firm, and ftyle of F. S. and Ca being thereunto fub«
fcribed, bearing date the fame day and year laft aforefaid. and then
and there delivered the faid note to one J. F. \ by which faid note
the faid F. S. and W, H. before they became bankrupts, five
months after the date thereof, promifed to pay to the faid J. F. by
the name and defcription of, ^c or order, the fuifi of five hundred
pounds value received hy the faid F. S. and W. H. before they
became bankrupts : and the faid J. F. to whom or to whofe or-
der the payment of the faid fum of money in the faid note was
thereby appointed to be made, afterwards, and before the payw
ment of the faid fum of money therein mentioned, or any part
thereof, and alfb before the time appointed by the faid note for the
payment thereof) to wit, on, dec. at, &c. indorfed the faid note,
with his own proper hand-writing thereto fuhfcribed^ and by that
{odorfement appointed the contents of the faid note to be paid to
9l|e T.H. ; and the; fidd T* H« to ^idiom or to whofe order (be
Vol, L C c, payt.
386
id Count.
3d Count*
Brc«ch.
ASSUMPSIT GENfiR AL>*<yw PROMISSORY UOtt<.
paytnent of the faid fum of money rn tHe (aid nofe mentioned vm
by the faid indorfement appointeo to be made^ afterwards^ and be-
fore the paymeTtt of the faid fum of money thereiif mentioned^
or any part thereof, and alfo before the time appointed by the faid
note for the payment thereof, to virit, on, &c. at^ &C. in, &€. in-
dorfed the faid note, with his own proper hand-wnting thereto
fubfcribed, and by the faid laft mentioned indorfement appointed
the contents of the faid note to be paid to the (aid J. B. T. C. and
J. H. in the lifetime of the faid J. B. and before the faid T\ C. and
J. H. became bankrupts, and then and there delivered the (aid
note, foindorfed, to the (aid J. B. T. C. and J. II. in the lifetime
of the &id J. B. and before* the faid T. C. and J. H. became bank-^
rupts : and the faid plaintiffs, as ai&gnees as aforef«iid, further &y^
that afterwards, and before the time appointed by the faid note
for the payment of the fafd fum of money therein contained, to
wit, on, &c. at, &c. the faid J« B. died, and the faid T. C. and
J. H. before they became bankrupts, furvived the faid J. B. there
and thereupon became po(refl'ed of the faid note, fo indorfed as
aforefaid, as furviving partners, having furvived the faid J. B.
deceafedas aforefaid ; of all which faid premifes they the faid F« S*
and W. H. afterwards, and before they became bankrupts, to wit,
on, &c. at, &c. in, &c. had notice: and by reafon of the
faid premifes, and alfo by force of the ftatute in fuch ca(e
made and provided, thsy the faid F. S. and W. H. before they
became bankrupts, became and were liable to pay the (aid T. C.
and J H. as fuch furviving partners, before they the (aid T. C.
and J. H. became bankrupts, the faid fum of money contained
in the faid note, according to the tenor and cScSt thereof, and of
the faid indorfemeiits fo made thereon as aforefaid ; and being (b
liable, they the fuid F. S. and VV. H. before they became
bankrupts, in confideration thereof, afterwards, to wic, on, &c.
at, &c. undertook, and to the faid T. C. and J. H. as fuch fur-
viving partners as aforefaid, before they the faid T. C. and J. H.
became bankrupts, then and there faithfully promifcd to pay to
them the faid fum of money contained in the faid note, whenever
they the faid F. S. and W, H. (hould be thereto afterwards re-
*quefted« And whereas alfo the faid F. S. and \V. H. before they
became bankrupts, afterwards, to wit, on, &c. at, &c. in, &c,
were indebted to tne faid T. C. and J. H. as fuch furviving part-
ners as aforefaid, and before they the faid T. C. and J, H. be-
came bankrupts, in the fum of other five hundred pounds of
lawful money of Great Britain, fer fo much money by the faid
T, C. and J. H. as fuch furviving partners as aforefaid, and be-
fore the faid T. C. and J. H. became bankrupts, before that time
lent and advanced to and for the ufeof the faid F. S. and W. H.
before they became bankrupts, at their fpecial inftance and re-
queflr ; and being fo indebted as laft aforefaid, they the faid F. S*
and W. H. before they became bankrupts, in confideration, &c«
(«is before.) And whereas, &c. &c. (an account ftated.) Yef
the faid F. S. and W. U. before they became bani^rupu, and the
faid defendants as aflignees as ^orefaid, fmce the faid F. S. and
\V. H.
fiy FOURTH INDORSEE. 387
W, H. became bankrupts, not regarding the faid feveral pro-
ipifes and undertakings hf them the fatd F. S. and W. H.
before they became bailkrupts fo made as aforefaid, but con-
triving, &c. the fatd T« C. and J. H« as fuch furviving.
partners as aforefaid» and before they the faid T. C. and
J. H. became bankrupts, and the faid plaintiffs, as affignees as
aforefaid, iince the faid T. C. and J. H. as furviving partners as
aforefaid, became bankrupts, in this behalf have not, nor have
either or any of them, yet paid the faid feveral fums of money > or
any part thereof, either to the faid T. C. or J. H. as fuch fur-
viving partners, and before they the faid T. C. and J. H. be«
came bankrupts, or to the faid plaintiffs, affignees as aforefaid, or
to either or any of them, fince the faid T. C. and J. H. furviv-
ing partners as afore(kid, became bankrupts, (although often re-
queAed fo to do,) but to pay the fame, or any part thereof, either
to the faid T. C. and J. H. furviving partners as aforefaid, before
they the faid T. C. and J. H. became bankrupts, or to the faid
plaintiff's, aiSgrlees as aforefaid, after the faid T. C. and J. H. as
furviving partners as aforefaid, became bankrupts, or to either or
any of them, they the faid F. S. and W. H. before they be«
came bankrupts, and the faid defendants, affignees as aforefaid,
fince they became bankrupts, have, and each of them hath, hi-
therto wholly refufed i and to pay the fame, or any part thereof,
to the (aid plaintiffs, as affignees as aforefaid, or to either or any
of them, they the faid defendants, as affignees as aforefaid of the
faid F. S. and W. H. ftill do, and each of them ftill doth, refufe,
to the damage of the faid plaintiffs, as affignees as aforefaid, of one
thouiand pounds ; and therefore, &c. ^
WESTMORELAND, to wit. T. G. complains againftDcclaratJott on a
J. W. being, &c. for that whereas one W. J. on, &c. at, &c. promiflbry note
made his certain note in writing, commonly called a promiflbry ^y . "" ^^t^l^L
note, with his own proper hand being thereunto fubfcribed, bear- /^^^iV^thf
ing date the fame day and year laft aforefaid, and then and there thind'Indorfc-
delivered the faid note to one J. S. by which faid note the faid ment being
W. J. promifed, &c. (as in the note,) for value received by the madcbyancxc-
faid W. J. J and the faid J. S. to whom or to whofe order the ^^"^^jjj^^j^*^^
pa3rment of the faid fum of money contained in the faid note was ^niftf atrix *
to be made, afterwards, and before the payment of the faid fum
of money contained in the faid note, or any part thereof, and alfo
before the time appointed by the faid note for the payment thereof,
to wit, On, &c. at, &c. indorfed the faid note, his own proper
hand being thereunto fubfcribed, and by that indorfement the faid
J. S. appointed the contents of the faid note to be paid to one
l\ S. or order, and then and there delivered the iaid note fo in-
dorfed to the iaid T. S. ; and the iaid 1\ S. to whom or to whofe
order the payment of the faid fum of money in the faid note men-
tioned was by the faid indorfement to be >nade, afterwards, &c. Indorfement.
(as above,) and by the faid laft -mentioned indorfement, appointed *** i«v*crfcmcnt
the .contents of the faid note to be paid to one W. W. in his lite- ^/^' l^^^^
C C 2 time, ^d) or order.
3^
ASSUMPSIT GENERAL— Ok PkOMISSORY NOTES.
time, but now deceafed> or to his order, and then and there ddi*
vcrcd the faid note fo indorfcd to the fatd W. W. in his lifetime^
but now decjcafed ; and the faid W. W, afterwards, to wit, on^
&ۥ at, &c. duly made bis lad: will and teftament in writing, and
thereby then and there made and appointed M. W. executrix
thereof, and afterwards, to wit» on, &c. at, &c. died (the (aid
fum of money being wholly unpaid to him); and the faid M. W.-
afterwards, to wit, on, &c. duly proved the faid laft will and
teilament, and took upon her the burthen of the execution there*
of: and the faid M. W. fo being executrix of the faid will, (he
3a Xndorfemcnt the faid M. W. afterwards, to wit, on, &c. (as before,) and
w w^^f* °d ^y '^^ ^*^ latt -mentioned indorfement the faid M. W. appointed
jndorfee^ioone ^^^ Contents of the faid note to be paid to one J. W; in his life-
J. w. fiuce de. time, now alfo deceafed, or to his order, and then and there de-
ceafcd. livered the faid note fo indorfed to the (aid J. W. in his lifetime;
and the (aid J. W. afterwards, to wit, on, &c. died inteftate (tne
faid fum of money being wholly anpaid to him in his lifetime ): and
afterwards, to wit, on, &c. at, &c. adminiftration of all and fingular
the goods and chattels, rights and credits, which were belonging to
the (aid J. W. at the time of his death, who fo died inteftate, by
Samuel by Divine Providence bi(hop of Cbefter, was lawfully com-
mitted to one M. J. ;• and the faid M. J. fo being adminijfratrix at
4tkTndorfement aforefaid, afterwards, &c. (as before,) and by the (aid laft -mentioned
by Adminidra- indorfement the (aid M. J. appointed the contents of the faid note
triz of J. W. to be paid to the faid W. J- j and the faid W, J. to whom or to
whofe order the pa]rment of the faid (iim of money contained \n die
faid note was by the faid laft-mentioned indorfement to be mad^
afterwards, on, &c. (as before,) and by the faid laft mentioned
indorfement the faid W. J. appointed the contents of the faid note
to be paid to the faid T. G. and then and there delivered the £iid
note fo indorfed to the faid T. G. ; of all which faid feveral in-
dorfcments the faid W. J. afterwards, to wit, on, &c. then and
there had notice. Jnd the faid T. G. avers^ that the faid W. J.
hath not paid, or caufed to be paid, the faid fum of money in the
faid note contained, or any part thereof to the faid T. G. but the
payment thereof to him hath hitherto whoily failed and neglei^ed^
neither have or hath the faid J. S. T. S. M- W. M. J. or any
of them, paid the fame, or any part thereof, to the faid T. G.:
of all which premifcs the faid W. J. afterwards, and afternlSil^'-
piration oft he faid two months j mentioned in the faid note, and by
die faid note appointed for payment thereof, to wit, on, £cc. at,
&c. had notice: and by reafon of the premifes, and alfo hyforu
of the ^atute in thait cafe made and provided, he the (aid W. J.
became, and was and is, liable to pay to the faid T. G. the faid
fum of money contained in the faid note ; and the faid W* J. be-
ing io liable, in conftderation thereof, afterwards, to wit, on, &c.
at, &c. undertook, and then and there faithfully promifed the (aid
T. G. to pay him the faid fum of money contained in the faid
note when he the faid W. J. (hould be thereto afterward reqiiefied.
(Add the common Counts.)
On
5th Indorfe-
ment.
Breach.
ASSUMPSIT GENERAL.— POLICIES of ASSURANCE. 38^
On POLICJES of ASSURANCE.
O.S SHIPS AND GOODS.
LONDON, to wit. James Baillie, Richard Crawfliay, Wil- Declaration % jt ^.
liam Clay, William Taylor, John Shoolbred, and John Barnes, B.R.in«ffampj/'
who have furvived Francis Henry Shepherd deceafed, complain of affuran^bnhe
William Cazalet, being In the cuftody of the marfhal of the marfhal* Airvlving tnif.
fea of our fovereign lord the now king, before the king himfblf ; tees to the eAat«
for that whereas the faid James Baillie, Richard, William of one M. .B» •
Clay, William Taylor, John Shoolbred, John Barnes, and '"*^^**^'-
Francis Henry, heretofore, in the lifetime of the faid Francis
Henry, to wit, on the twelfth day of February in the year of Our
Lord 1787, to wit, at London, in the pari(h of St. Mary Ic Bow,
in the ward of Cheap, according to the ufage and cuftom of mer-
chants, caufed to be made a certain writing or policy of afluranccy /tJ^'^^
purporting thereby and containing therein, (amongft other things,) ^ ^
tliat tney tne laid James Baillie, Richard, William Clay, William
Taylor, John Shoolbred, John Barnes, and Francis Henry, (by
the defcription of the Truftees to the Kftate of Mr.Miles Barber,}
as well in their own name as for and in the name and names of aU
and every other perfon or perfons to whom the fame did, might,
or (hould appertain in part or in all, did make aflurance, and
caufed themfelyes, and them and every of them, to be infured, loft
or not loft, at and from her arrival on the coaft of Africa during
her ftay and trade, with liberty to exchange goods, flaves, and
other African products, "With any veflel or veHels whatever, and
at and from thence to her port or ports of deftination, fale, and
final delivery in the Britifti and French Weft Indies, and the con*
tinent of America, all or either, or Great Britain, upon any kind
of goods and merchandizes, and alfo upon the body, tackle, ap*
parel, ordnance, ammunition, artillery, boat, and other furni-
ture of and in the good (hip or veflel called the Eleanor, whereof
was maiier, under God, for that then prefent voyage, Lapuin
iJrowalon^or whofoever elfe ihould go for mafter in the (aid (hi p^
or by whatfoet^r other name or names tne iame ihip or the mafter
thereof was or (hould be named qr called; beginning the adven*
ture upon the faid goods and merchandizes from the loading
thereof aboard the faid (hip as aforefaid, upon the faid fhip, &c.
and fo (hould continue and endure during her abode there, upon
the (aid (hip, &c. and further, until the faid (hip, with all her ord-
nance, tackle, apparel, &c. and goods and merchandizes whatfo-
cver, (hould be arrived at as aforefaid, upon the faid
ihip, &c. until (he had moored at anchor twenty-four hours ia
good fafety, and upon the goods and merchandizes until the fame
Uioul4 be there difcharged and (afely landed \ and it (hould be law*
. c c 3 f va
390
t
wei
ASSUMPSIT GENERAL.— POLICIES of ASSURANCE.
ful for the faid (hip, &c. in that vopge to proceed andfail to and
touch and ftay at ai^y porjts or places whatfoever aiid wberefoevcr,
without keing deemed a deviation, and without prejudice to that
infurance^the faid (hi p,&c. goods and merchandizes, &c. for fo much
as concerned the affureds, by agreement between the afTurcds and
afTurers in that policy, were and (hould be valued at : ihip
valued at two thoufand pounds ;/^aves thirtjr pounds per head \
camwood thirty poun^^ pei; ton : fvfli'v iixteen pounds per hundred
gold duft three po
weight ; wax _ __
y^infurreftion of flaves. under
nvej^er^entg^^ndjrce Irom average, by trading in bdats^ under ten
poimas~per cent. LOUCIUlig llic adventures ana perils wtiicti tbey
ttie allurers were contented to bear, and did take upon them, in
that voyage, they wert: of the feas, men of war, tire, enemies^
pirates, rovers, thieves, jettizons, letters of mart and counter*
mart, furprifals, takings at fea, arrefts, reftraints, and detain-
ments of all kings, princes, and people of what nation, condition.
or quality foever, barratry of the mafter and mariners, and of all
other perils, lofTcs, and misfortunes that had or fhould come to the
hurt, detriment, or damage of the faid goods ^nd merchandises,
and (hip, &c, or any part thereof; s^nd in cafe of any lofs or mif-
fortune, it (bould be lawful to the aiTureds, their fadors, fervants,
and afHgns, to fu^, labour, and travel for,, in and about the
defence, fafeguard, and recovery of the faid goods and merchan-
dizes, and (hip, &c. or any part thereof, without prejudice to
that infu ranee, to the charges whereof they the aflurers would
contribute each one according to the rate and quantity of his Aim
therein aflured ; and it was agreed by them the infurers, that that
writing or policy of aflurance Ihould be of as much force and efFe£l
^s the fureft writing or policy of afTurance theretofore made ii}
Lombard -ft reet, or in the Royal Exchange^ or elfewhere, in
London \ and fo they the afTurers were contented, and ilid thereby
Cromife and bind themfclves, each one for his own part, their
eirs, executors, and goods, to the aiTureds, their executors, ad-
piiniftrators, and afligns, for the true performance of the pre*
mifes, confcfling themfelves paid the confideration due unto theni
for that aflurance by the aiTureds at and after the rate of four
pounds per cent, to return Qiie poun^ eight (billings and fiyp^nrj^
T cent» if flic proceeded to England from the coaft, and arrived :
and by the laid writing or policy of aiTurance, corn, ii(h, lalr^
fruit, flour, andfeed, were warranted free from average, ui^tefs
SeneraU or the ihip fliould be ftrandedj fugar, tobacco, hemp,
ax, hides, and fkiqis were warranted free from average, under
five pounds per cent, and all other goods \ alfo the (bip and freight
were \yarranted free of average under three pounds per cent, unlefs
eenera), or the Ihip fhould be ftranded ; and the faid infurance
was^ by the faid writing or policy of aiTurance, declared to be on
ibip and goods, as by the faid writing or policy of aiTurance more
fajly appears \ of which faid writing or policy of aiTurance the faid
>Villiju^
On ships akd GOODS. 39»
William Cazalet afterwards, to wit, on the faid twel,fth day of
February in the year of Our Lord 1787, at London aforcfaid, in
the pariih and ward aforefaid, had notice ; and thereupon after* ^
Mrards, and in the lifetime of the faid Francis Henry, to wit, on ^
the fame day and year aforefaid, at London aforefaid, in the parifli ^^
;and ward aforefaid, in confideration that the faid James Baillie,
Richard, William Clay, William Taylor, Johri Shoolbred, John
Sarncs, and Francis Henry, at the fpecial inftance and rcqueft of
^he faid William Cazalet, had then .and there paid to the faid
V^illiam Cazalet the fum of fixteen pounds of lawful money of
-Great Britain, as a premium and reward for the infurance of fouf
bundred pounds of and upon the faid ihip and goods in the laid
writing or policy of aflurance mentioned, valued as aforefaid, and
had then and there undertaken, and to the faid William Cazalet
/aithfvUy promifed, to perform and fulfil all things iii the faid
writing or policy of aflurance contained on the part and behalf of
the afllireds to be performed and fulfilled, he the faid William ^'^
Cazalet undertook, and to the faid James Baillie, Richard, WiU^ J!JI^
Ham Clay, William Taylor, John Shoolbred, John Barnes, andx* ^^r^^^
Francis Henry, then and there faithfully promifed to become an
affurcr to the faid James Baillie, Richard, William Clay, William
Taylor, John Shoolbred, John Barnes, and Francis Henry, for
(he faid (un) of four hundred pounds of and upon the faid fliip and
goods in the /aid writing or policy of afTurance mentioned, valued ^
as aforefaid, and to perform and fulfil all things in the faid writ-
inj^ or policy of aifurance contained, on his part and behalfas fuch
aflurer, as to the faid jfum of four hundred pounds to be performed
And fulfilled ; and the faid William Cazalet then and there be-
came an aflurer to the 6id James Baillie, Richard, William Clay,
Willianr^^yWr, John Shoolbred, John Barnes, and Francis
Henry, of and upon the faid (hip and goods in the faid writing or gj^^ M^^40i
policy of afTurance mentioned, valued as aforefaid accordingly,^^ ^^ >5>0k-
and then and t^ere fubfcribed the faid writing or policy of aflur-^^ g^^^€fm ^
ance, as fuch affurer, for the faid fum of four hundred pounds j to
wit, at London aforefaid, in the parifh and ward aforefaid : and
the faid James Baillie, Richard, William Clay, William Taylor,
John Shoolbred, and John B^rnes^ in fa£l fay, that the faid (hip,
in the faid writing or policy of aifurance mentioned, before the
making of the f;iid writing or policy of afTurance, to wit, on the
thirtieth day of June in tiie year of Our Lord 1785, arrived in
good fafety on the coafl of Africa, in the faid writing or policy f^ y jt rT'
of afTurance mentioned, and did flay and trade there for a greaf^^JT*"^ * (A^
length of time, to wit, from thence until the third day of July ^^^^^^/^ ^A^Af
the year of Our Lord 17^7 ; and th^t the (aid (hip, having taken ^^37*'
in and loaded on board diyers goods and merchandizes ofgreat^^
value, to wit, of the value of five hundred pounds oflawful money
of Great Britain, did afterwards, to wit, on the fame day and
year laft aforefaid, depart and fet fail with the faid soods and mer«^t^(A.«^^«t^
chandize on board thereof, from the faid coafl of Africa upon the gf^t^ ^^
voyage^ in the faid writing or policy of afTurance mentioned, for^^***5w^*^
gnd towards her port Qr ports of deflination, fale, and final deli-i
C c 4 vcri
391 ASSUMPSIT GENERAL.—POLICIES of ASSURANCE.
very in the Britifli and French Weft Indies and the contine«c of
America: and the faid James Baillie, Richard, VVilUam Clay*
. William Taylor, John Shoolbrcd, and John Barnes further fay,
j^"^ ^ that the faid infu ranee, fo made as aforefaid, was made to and
^90^9''^^^ ^^^^foT the ufe and on the account of, and in truft for, one James
j^{^ 0 ^ mm^ M^sm Crowdfon, and one William Hanfon, one Edward Rogers, one
George Pengree, and one Quintin Dick, according to their fevc-
ral and refpeftive interefts therein; and that before and until, and
at the time of the lofs herein after next menfioneST^the l>id James
Crowdfon was intereftcd in the faid fhip, and the (aid Williaofi
^anfon, Edward Rogers, George Pengree, and Quintin Dick
were intereftcd in the faid goods and merchandizes, fo on board
thereof as aforefaid, to a large amount, to wit, to the ar^punt of
all the money ever infured thereoi\.^to wit, at London atorelaidy
in the panin ancf^J^amibrelala ; and the faid James Baillie,
Richard, William Chy, William Taylor, John Shoolbrcd, and
John Barnes further fay. that the faid (hip, m the faid writing or
policy of affurance mentioned, with the faid goods and merchan-*
dizes on board thereof as aforefaid, afterwards, and after her de»
parture from the coaft of Africa aforefaid, upon her faid voyage,
and whilft (he was failing and proceeding upon the high feas with
the faid goods. and merchandizes on board thereof as aforefaid, and
before her arrival at any of her port or ports of defiination, (ale,
^ j/^ ^ ^^^ ^ jtcSmP^ fi"^' delivery in the faid writing or policy of aiFurancemen-
£^ ^ "^^tioned, to wit, on the twenty- fi^th day of July in the year of Our
M0€^y^€^^0t^y,ott '787* was, by the mere perils and dangers of the feas and by
f^yS^ ^^grr ftormy and tempeftuous weather, and the violence of the winds
f ^^^ • and waves, bulged, broken, damaged, fpoiled, and deftroyed,
i and the faid (bip, together with the faid goods and merchandizes
^j^jtJt^ ^^ board thereof as aforefaid, thereby became and were ren-
••di*
r^ y - dexed of no ufe or value, and were wholly loft to ^ the refpeftive
)fw9^» proprietors thereof, to wit, at London aforefaid, in the panlh anci
ward aroreiaia ; or all whjch premifes the faid William CazaleC
afterwards, and in the lifetime of the faid Francis Henry, to wit,
on the firft day of January in the ytar of Our Lord 1788, there
had notice: and by reafon thereof he the faid William Cazalec
then and there became and was liable to pay, and was then and
there requefted by the faid James Baillie, Richard, William Clay,
William Taylor, John Shoojbred, John Barnes, and Francis Henry,
Xo pay theni the faid fum of four hundred pounds' fo by him a(^
fured as aforefaid, and which faid fum of money he the faid Wil-
liam Cazalet then and there ought to have paid, according to the
meaning and efFeS of the faid writing or policy of aflfurance, and
^^^ yi^cf his faid promife and undertal^ing fo by him made in that behalf
r^>^i *'"^^ as aforefaid, to wit, at I^ondon aforclaid, in the pari(h and ward
^^i«,e^ r«<^forefaicJ. (Counts for money laid out and expei^ded, had and re-
j^ ^ ceived.) Yet the faid William Cazalet, not regarding his (ai^
^'^"^f^ ^jr'r^V^ jeyeral promifcs and undertakings fo by him made as aforefaid,
^l^X- ^«-^-8| ^ut contriving and fraudulently intending craftily and fubtilly tq
' ^ef ei Y9 afld defr^yd the faid James ^aiyic^ Ri9hard^ William Clay,
Om ships and goods. 393
WiHtam Taylor, John Shoolbred, John Barnes, and Francis Henry,
in the lifetime of the faid Francis Henry, and the faid James
Baillie, Richard, William Clay, William Taylor, John Shool*
bred, and John Barnes, fince the death of the laid Francis Henry,
in this behalf did not, in the Pfetime of the faid Francis Henry,
pay to the faid James Baillie, Richard, William Cby, William
Taylor, John Shoolbred> John Barnes, and Francis Henry, or
to any or either of them, nor hath he, fince the death of the faid
Francis Henry, paid to the faid James Baillie, Richard, William
Clay, William Taylor, JoTin Shoolbred, and John Barnes, or
to any or either of them, the (iaid feveral fums of money, or
any or either of them, or any part of them, (although often re*
quefted fo to do,) but to pay the faid feveral fums of money, or
^ny or either of them, or any part of them, to the faid James
Baillle, Richard, William Clay, William Taylor, John Shool-
bred, John Barnes, and Francis Henry, or to any or either of
them in the lifetime of the faid Francis Henry, he the faid Wil-
liam Cazalet did wholly refufe to pay the faid feveral fums of
money, or any or either of them, or any part of them, to the faid
James Baillie, Richard, William Clay, William Taylor, John
Shoolbred, and John Barnes, or to any or either of them, fince
the death of the faid Francis Henry, hath hitherto wholly rcfufed,
and ftill doth refufe, to the damage of the faid James Baillie,
Richard, William Clay, William Taylor, John Shoolbred, and
John Barnes, of five hundred pounds $ and therefore they bring
iiiit, &c. Edward Law«
See pof^. tor the remalniog Counts in thii dedantion, with Mr. l^w's and Mr,
fxfkJDc^t Opmiont,
LONDON, to wit, Henry Cruger, efquirc, complains of- , . .
William Fowler, being in the cuftody ;)f the marftal of the mar- 5* r"^^?" *"|..
fhalfea of our fovereign lord the now king, before the icing him- fompfit on I
felf, of a plea, &c. for that whereas the faid Henry heretofore, policy of affu-
to wit, on the fifth day of January in the jear of Our Lord 1788, ^^^ iorfrdgh
at London, to wit, in the parifli of St. Mary le Bow, in the ward ^^i^^^
of Cheap, according to the ufage and cuftom of merchants, cauf- 1|^ mip^wa*
ed and procured to be made a certain writing or policy of afiu- confumed by
fance, purporting thereby, and containing therein, that the faid>«-
Henry, (by the name and defcription of Henrv Cruger of the city
of Briftol,) merchant, or who elfe might or mould be concerned,
fiid make aiTurance, and caufed themfelves to be aflUred (loft or
not loft) ^t and from Bofton to Briftol quay, upon the body, tackle,
appare}, and all other the furniture of, in, and in and upon the
gc<)d (hip trailed the £nterprize, of the burden of tons, or
thereabouts, whereof was mafter^ under God, for that voyage,
Jofeph Deane, or whofoever elfe (hould go for matter in the faid
^lip, or by wbatfoever other name or names the fame (hip, or the
9l)after thereof, W4S or (bpuld be (Wied or 9alled ^ beginning the
*4v^ntm:c
391 ASSUMPSIT GENERAL.— POLICIES of ASSURANCE.
very in the Briti(h and French Weft Indies and the continent of
America : and the faid James Baillie, Richard, William Clay*
William Taylor, John Shoolbrcd, and John Barnes further fay»
j'^- « that the faid infu ranee, fo mads as aforefaid, was made to and
•••^^^^^ ^^^^for the ufc and on the account of, and in truft for, one James
\^ 0 ^ MM^ ^^^m Crowdfon^ and one William Hanfon, one Edward Rogers, one
George Pengree, and one Quintiii Dick, according to their fevc •
ral and refpeSive interefts therein; and that before and untiF^ and
at the time of the lofs herein after next menFioneS^the 1 .id James
Crowdfon was mterefted in the faid fhip, and the faid William
^anfon, Edward Rogers, George Pengree, and Qjiintin Dicic
were interedcd in the faid goods and merchandizes, fo on board
thereof as aforefaid, to a large amount, to wit, to the ai^nunr of
all the money gver infured thereoii^to wit, at London aforelaid,
in the pariin anT^varrmJorelaia ; and the faid James Baillie,
Richard, William Clay, William Taylor, John Shoolbred, and
John Barnes further fay. that the faid (hip, in the faid writing or
policy of afTurance mentioned, with the faid goods and merchan**
dizes on board thereof as aforefaid, afterwards, and after her de*
parture from the coaft of Africa aforefaid, upon her faid voyage,
and whilft (he was failing and proceeding upon the high feas with
the faid goods. and merchandizes on board thereof as aforefaid, and
before her arrival at any of her port or ports of defiination, iale,
^^^^ ^^^ ^JblmP^ final delivery in the faid writing or policy of aiTurance men-
^/^ ^ "^^tioned, to wit, on the twenty- fi^th day of July in the year of Our
^^^^^^ "^ Lord 1787, was, by the mere perils and dangers of the feas, and by
^"^^y ^^ji-g- ftormy and tempeftuous weather, and the violence of the winds
^ ^^ ■ and waves, bulged, broken, damaged, fpoiled, and deftroyed,
and the faid (bip, together with the faid goods and merchandizes
b on board thereof as aforefaid, thereby became and were ren-
3exed of no ufe or value, and were wholly loft to ^ the refpeftivc
proprietors thereof, to wit, at London aforefaid, in the pariQi and
ward aroreiaia j or all which premifes the faid William CazaleC
afterwards, and in the lifetime of the faid Francis Henry, to wit,
on the firft day of January in the ytar of Our Lord 1788, there
had notice : and by reafon thereof he the faid William Cazalet
then and there became and was liable to pay, and was tlien ani(
there requefted by the faid James Baillie, Richard, William Clay,
William Taylor, John Shoolbred, John Barnes, and prancjs Henry,
Xo pay thein the faid fum of four hundred pounds' fo by him afs
fured as aforefaid, and which faid fum of money he the (aid Wil-
liam Cazalet then and there ought to have paid, according to the
meaning and efFe3 of the faid writing or policy of afTurance, and
of his faid promife and undertaicing fo by him made in that behalf
^ as aforefaid, to wit, at I^ondon aforciaid, in the pari(h and ward
fU^fU^C^ r^^forefaicj. (Counts for money laid out aqd expciyled, had and re-
j' ^ ^ ceived.) Yet the faid William Cazalet, not regarding his (ai^
-^
^ yr ^ feveral promifcs and undertakings fo by him made as aforefaid,
^X- ^«-^-o| (>ut contriving and fraudulently intending craftily and fubtilly tq
^ef ei Y? a^^d defraud the (aid James B^iyie^ Richard. William Clayi
Om ships and goods. 393
WiUiam Taylor, John Shoolbred, John Barnes, and Francis Henrjr,
in the lifetime of the faid Francis Henry^ and the faid James
Baillic, Richard^ William Clay, William Taylor, John Shool*
bred, and John Barnes, fince the death of the laid Francis Henry,
in this behalf did not, in the l*fetime of the faid Francis Henry,
Say to the faid James Baillie, Richard, William Cby, William
Taylor, John Shoolbred, John Barnes, and Francis Henry, or
to any or either of them, nor hath he, fince the death of the faid
Francis Henry, paid to the faid James Baillie, Richard, William
Clay, William Taylor, John Shoolbred, and John Barnes, or
to any or either of them, the faid feveral fums of money, or
any or either of them, or any part of them, (although often re*
quefted fo to do,) but to pay the faid feveral fums of money, or
^ny or either of them, or any part of them, to the faid fames
Baillie, Richard, William Clay, William Taylor, John ohool-
bred, John Barnes, and Francis Henry, or to any or either of
them in the lifetime of the faid Francis Henry, he the faid Wil-
liam Cazalet did wholly refufe to pay the faid feveral fums of
money, or any or either of them, or any part of them, to the faid
James Baillie, Richard, William Clay, William Taylor, John
Shoolbred, and John Barnes, or to any or either of them, lince
the death of the faid Francis Henry, hath hitherto wholly rcfufed,
and ftill doth refufe, to the dama^ of the faid James Baillie,
Richard, William Clay, William Taylor, John Shoolbred, and
John Barnes, of five hundred pounds s and therefore they bring
fuit, &c. Edward Law«
See pof^. tor the ranainiog Counu in thii dcdar^tiOD, with Mr. Ucw*$ znd Mr,
^r(ki&e*s OpinioM,
LONDON, to wit. Henry Cruger, efquire, complains of- , .
WiUiam Fowler, being in the cuftody pf the marfhal of the mar- b ""r^**?" Tf-
ihalfea of our fovereign lord the now king, before the king him- fJmpfit on «
felf, of a plea, &c, for that whereas the iaid Henry heretofore, policy of affU-
to wit, on the fifth day of January in the jear of Our Lord 1788, ""^^^ forfrdgbt
at London, to wit, in the parifli of St. Mary le Bow, in the ward SJ^aoi^^^*
of Cheap, according to the ufage and cuftom of merchants, cauf- the mip^ww
ed and procured to be made a certain writing or policy of aflti- confumed by
fance, purporting thereby, and containing therein, that the faid>'-
Henry, (by the name and defcription of Henry Cruger of the city
of Briftol,) merchant, or who elfe might or mould be concerned,
did make aiTurance, and caufed themfelves to be aflured (loft or
not loft) ^t and from Bofton to Briftol quay, upon the body, tackle,
apparel, and all other the furniture of, in, and in and upon the
good ihip trailed the Enterprize, of the burden of tons, or
thereabouts, whereof was mafter^ under God, for that voyage,
Jofeph Deane, or whofoever elfe (hould go for matter in the faid
jSiip, or by wbatfoever other name or names the fame (hip, or the
9f)aftcr thereof) w^ or Q^uli be <umied or galled ^ beginning the
»4v^ntiwe
394 ASSUMPSIT GENERAL.— POLICIES ot ASSURANCE.
- • • •
stdventure upon the faid {hip, tackle, apparel, &c. at and froni
Bofton as aforefaid, and fo (hould continue and endure until the
&td (hip (hould be fafely arrived at aforefaid» and until (be
ihould be moored twenty and four hours in good (afety at Bhftol
quay, and it (hould be lawful for the faid (hip, &c. in her voyage
to proceed and fail to, touch and ftay at, any ports or places,
without prejudice to that infurance; the faid (hip, tackle, &c. fbr
fo much as it concerned the aiTured by agreement made between
the alTured and a(rurers in that policy, were and (hould be valued
at feven hundred and fifty pognds fterling, without any further ac«
count to be given by the aiTured to the afTurers, or any of them
for the fame, touching the adventurer and perils which they the
afTurers were contented to bear and take upon themfelves in that
voyage, they were of the feas^ men of war, fires, enemies, pi*
rates, rovers, thieves, jettizons, letters of mart and counteroiart,
furprifal, takings at fea, arrefte, reftraints, and detainments, of
all kings, princes, or people, of what nation, condition, or qiiali«
ty foever, barratry of the ma(ler and mariners, and all other perils^
loiTes, and misfortunes that had or (hould come to the hurt* detri-
meat, or damage of the faid (hip, tackle, he. or to any part
f^Xcrj^fl and in cafe of any lofTes or misfortunes, it (hould be law-
ful to and for the afl^red, their h&orSy fervants, and affignees, to
fue, labour, and travel for, in and about the defence, ufeguard,
and recovery of the faid (hip, tackle, &c. or any part thereof,
without prejudice to that infurance; to the charges whereof they
the afTurers would contribuityeach one according to the rate and
quantity of his fum therein a^red. And it was agreed by them
the a(Turer5 that that writing oii^licy of aifurance Ihould be of as
much force and efFed as the fureft writing or policy of afTurance
theretofore made in Lombard- ftreet, or elfewhere in Liondon;
and fo ^hey the afTurers were contented, and did thereby promife
and bind themf;^lves, each one for his own part, their heirs, ej|^-
ecutcrs, and goods,* to the afTured, their executors, adminiftra*
tors, and affigns, for the true performance of the premifes, con-
fefling themfelves paid the confideration due unto them for that
afl'uraiice by the faid a/Tured, or their affigns, at three guineas per
cent. ; in witnefs whereof, they the afTurers had fubfcribed their
names and fums afTured, in Briitol, the fifth day of January 1788
aforefaid, as by the faid writing or policy of afluraace more fully
appears : and by the faid writing cr policy of afTurance it was furr
ther agreed by and between the afTured and afTurers, that in cafe
of any average lofs, not exceeding five pounds per cent, the afTurerSy
by agreement, were not to pay or allow any thing towards fuch
lofs ; and, by the faid writing or policy of afTurance, corn, fiih,
fait, fruit, flour, and feed were warranted free from average, un-
lefs general, or the vefTel (hould be ftranded ; and that the freight
of the faid (hip in the faid voyage in the faid writing or policy of
aflurance mentioned, valued at two hundred pounds fterlmg,
fliould be infured by the faid writing or policy of afTurance, on
|he terms 9nd conditions tbefein 9ontained refpe<£ling the faid tiiip.
r
. ' ' On SHIPS AND GOODS. J95
*l» by the faid writing or policy of aflurance, reference being
thereunto had, may more fully appear ; of which faid writing or
policy of affurance the faid William afterwards, to wit, on the
lame day and year aforefaid> at London aforefaid, in the parifh
auid ward aforefaid, had notice ; and thereupon afterwards, to wit,
on the (ame day and year aforefaid, at London aforefaid, in the
parifhand ward aforeiaid, in confideration that the faid Henry, at the
fpecial inftance and requeil of the faid William, had then and
there paid to the faid William the fum of three guineas of lawful
money of Great Britain, as a premium and reward for the aflu-
rance of one hundred pounds, upon the freight of the faid (hip in
the faid voyage in the faid writing or policy of aifurance mention-
ed, and had then and there undertaken, and to the faid William
then and there faithfully promifed, to perform and fulfil every thing
in the faid writing or policy of aflurance contained on the part and
behalf of the^ured to be done, performed, and fulfilled/ he the
laid William undertook, and to the faid Henry then and there
faithfully promifed, that he the faid William would become an
aflurer to the faid Henry for the fum of one hundred pounds, ia
and upon the freight of ^e faid (hip in the faid, voyage in the faid
writing or policy of affurance mentioned, and would do, perform,
3nd fulfil all things in the f^id writing or policy of aflurance con-
tained on his part and behalf as fuch aflurer as aforefaid as to the
iaid one hundred pounds, to be done, performed, aqd fulfilled \
and the faid William then and th^ became an afliirer to the f^id
Hich afl!u/er, for the faid fum of one hundred pounM^nd the faid
erltett
Henry^ and fubfcribed the faid waiting or policy ^f affurance, as
making of ^ faid writing or policy of aflurance, tdWTit, on the
Henry iiMa& faith, that the faiJ fbip, at and aftetTteUme of the
fame day ancPyear aforefaid, was in good fafcty, to wit, at Bofton
arorcikid, m the iaiJ writi|^ or policy ot ailurance mentioned s
and that after wafHs^ "to wit, tin the fame day and year aforeiaid,
the faid ihip, wirb div^efrgb6ds~arid~mefchandizes on board of
great value, to wit, of the valtie of one thoufand pounds, depart-
ied and failed from Bofton as aforefaid on her faid intended voyage,
and that one Ifaiah Doane then, and from thence until and at the
time of the lofs herein after mentioned, was intereftcd in the
freight of the faid (hip in the faid voyage to a large amounf, to
wit, to the amount of all the monies by him ever infured or cauf-
ed to be infured thereon, and that the faid infurance, fo made as
aforeiaid in the name of the faid Henry, was made for and on the
account of the iaid Ifaiab Doane, and for his ufe and benefit, to wit,
at London aforefaid, in the pariib and ward aforefaid : and the
iaid Henry further feys, that the faid fhip, in the faid writing or
policy of affurance mentioned, with the faid cargo on board her,
afterwards, and after the making of the iaid writing or policy of
affurance, to wit, on the fame day and year aforefaid, departed
and fet fail from Bofton aforeiaid, in the faid writing or policy of
durance mentioned, upon her faid intended voyage, toward^
lAflol aforefaid, in the faid writing or policy of inlurance men-
^oaed; and the faid Henry further lays, that the faid Ibip, witl>
\
39* A SSUMPSIT GENERAL.— POLICIES or ASSURANCE.
A
the laid goods and merchandize on board of her, afterwards,
after her departure from Bofton aforefaid, uppn her faid intended
voyage, in the faid writing or policy of afTurance mentioned, and
wbilft (he was failing and proceeding upon the; high feas, and in
her faid voyage, and before (he arrived at Briftoly in the (kkl
writing or policy of afTurance mentioned) to wit, on the fourteenth
day of Mafch..in,«thc year of Our Lord 1788 aforefaid» on the
high feas, was wholly confumcd, deftroyed, and burnt by fireif
and the faid (hip, and the goods and merchandizes fo being on
board the faid (hip, were wholly deftroyed and loft, and the freight
of the faid (hip in the faid voyage thereby wholly loft to the uid
Ifaiah Doane, that is to fay, at London aforefaid, in the parifh
and ward aforefaid \ of all which premifes the faid William after*
wards, to wit, on the fame day and year laft aforefaid, at London
aforefaid, in the parifh and ward aforefaid, had notice, and was
then and there requefted by the faid Henry to pay him the faid
fum of one hundred pounds, fo by the faid William infured as
aforefaid; and which faid laft mentioned fum of one hundred
pounds the faid William then and there ought to have paid co the
faid Henry, according to the form and ctfed of the faid writing
or policy of afiurance, and the faid promife and undertaking fo
made by the faid William in that behalf as aforefaid, to wit, at
London aforefaid, in the parifh and ward aforefaid. (Counts
for money had and received.) Neverthelefs the faid William,
not regarding his faid fcveral promifes and undertakings in form
aforefaid made, but contriving^ and fraudulently intending, craftily
and fubtilly to deceive and defraud the faid Henry in this behalf^
hath not paid to the faid Henry the (kid feveral fums of money, or
any of them, or any part thereof, (although fo to do he ^the
faid William afterward^, to wit, on the (ame day and year laft
aforefaid, at London aforefaid, in the pari(h and ward aforelaidy
was by the faid Henry requefted,) but to pay the fame to the faid
Henry he the faid William hath hitherto wholly refuftd, and fiiQ
doth refufe: whereupon he the faid Henry faith he is injured and
hath fuftained damage to the value of one hundred pounds ; and
therefore he brings his fuit, &c. Sam, HfiTWooo.
Rfwmioftnif- LONDON, to Wit. Bc it remembered, that on Thurfday
fuc in aflfumpfit next after eight days of St. Hilary in this fame Term, before our
on a policy of JQ^d the king at Weftminfter, come Walter Stott and John Tate,
iirfuraocc^on^ ^7 Richard Shawe their attorney, and bring into the court of our
wraniedtofaiJ ^^lid Icird the king, before the king himfelf now here, their certain
with convoy bill againft John Taylor Vaughan, being in the cuftody of the
from Grenada to mar(hal of the mar(halfea of our lord the now king, l|^re the
Liirerpooij ij|*p fcing himfelf, of a plea of trefpafs on the cafe; and there are
TOwgc'homc Ple^^ges for the profecution, to wit, Peter Doc and Abel Rocj
which faid bill follows in thefe words, to wit : London, to wit,
Walter Scott and John Tate complain of John Taylor VaughaiH
being in the cuftody of the mar(hal of the mar(halfea of our lonl
the now king, before the king himfelf, of a pleas for that where-
as
Ok ships and GOODS. 397
ai the faid Walter and John Tate, heretofere, to wit, on the tenth
day of September in the vear of Our Lord 1793, at London, to
wit, in the parifh of St. Mary le Bow, in the ward of Cheap, ac^
cording to the uiage and cuftom of merchants, caufed and pro^
cured to be made a certain writing or policy of afiurahce, pur-*
porting thereby, and containing therein, (amongft other things }
that the faid Walter and John Tate, by the namejind defcriptiog
of** Walter Stott^ efnuire% and CoJ' as^Seinirtlieir own name>
^B^oT^d in t^e name and names of all and every other perfon or
perfons to whom the fame did, might, or fhould appertain in part
or in all, did make afiurance, and caufe themfelves and them, and
every of them, to be infured, loftojiujtjoft, at and from Gre-
nada to Liverpool, warrantedTyTalion or before the firft of
Auguft 1793, upon any kind of goods and merchandizes, and alfo
upon the body, tackle, apparel, ordnance, munition, artillery,
boat, and other furniture, of and in the good (hip or veflel called
the Anna Philippa and Heart of Oak, both or either, whereof
was matter, under God, for that then prefent voyage, A. B. or
wbofoever elfe (hould go for mafter in the faid fhip, or by what-
foever other name or names the faid (hip, or the mafter thereof,
was or (hould be named or called ; beginning the adventure upon
the faid goods and merchandizes from the loading thereof aboard
the faid (hip, at Grenada, upon the faid (hip, &c. and fo (hould
continue and endure, during her abode there, upon the faid (hip,
&c. and further, until the faid (hip, with all her ordnance, tackle,
api»rel, &c. and good^ and merchandizes whatibever, fhould ba
anived at Liverpool, upon the faid (hip, &c. until (he had moored
at anchor twenty^four hours in good fafety ; and upon the goods
and merchandises, until the fame (hould be there difcharged and
(afely landed i and it (hould be lawful for the faid (hip, &c. in that
voyage to pr6ceed and fail to^ and touch and ftay, at any ports or
places whatfoever, without prejudice to that infurance ^ the faid
(hip, &c. goods and merchandizes, &c. for fo much as concern*
ed the a(rureds, by agreement between theaffureds and a(rurers in
that policy, were and (hould be valued at touching the ad-
ventures and perils which they the a(rurers were contented to bear,
and did take upon themfelves in that voyage, they were of the
feas, men of war, fire, enemies, pirates, rovers, thieves, jetti-
sons, letters of m^irt and countermart, furorifals, takinp at (ea>
arrefts, reftraifits/ and detainments of all kings^ pnnces, and
people, of wh^t Ration, condition, or quality foever, barratry of
the mafter and nniriners, and of all other perils, loiTes and mif-
fortune«, that hpd^^(Iiould come to the hurt, detriment, or da*
mage of the faid goods and merchandizes, and (hip, &c. or any
part thereof; and in cale of anv lofs or misfortune, it (hould be
lawful to the a(rureds, their faaors, fervants, and affigns, to fue,
labour and travel for, in and about the defence, fdfeguard, and
recovery of the bid goods and merchandizes, and (hip, &c. or
any part thereof, without prejudice to the infurance ; to the
charges whereof they the a(rurers would contribute eachone accord-*
ing
400 ASSUMPSIT GENERAL.— POLICIES ot ASSURANCE.
fhip as afocefaid) became and were wholly loft to die iatd VTalter
and John Tate, to wit, at London afore(aid, in the parifh and
ward aforefaid s of all which faid premifes the faid John Taylor
afterwards, to wit, on the firft day of January in the year of Our
Lord 1794, at London aforeiaid, in the parifli and ward aforefaid,
had notice : and by rea(bn thereof the faid John Taylor theft and
there became liable to pay to the faid WaTter and John Xate m
large fum of money, to wit, the fum of fifty pounds, in refped of
the faid fum of one hundred pounds, fo by him infured a8 aforc^id^
according to the meaning and efFed of the faid writing or policy
of aifurance, and of the faid promife and undertaking fo made by
him the faid John Taylor in that behalf as aforefaid, to wit, at
London aforefaid, in the parifli and ward aforefaid. ^A CoafiC
for money had and received.) Neverthelefs the &id John Taylor^
not regardiug his faid feverai promifes and undertakings fe by him
• made as aforefaid, but contriving and fraudulently intending
craftily and fubtilly to deceive and defraud the faid Walter and
John Tate in this refped, hath not yet paid the faid feverai fums
of money, or any part thereof, to the faid Walter and John Tate,
or eicher of them, nor in any manner fatisfied them for the fiunc^
(although often, to wit, on the fame day and year laft aforefaid,
at London aforelaid, in the parifli and ward aforefaid, by th^ uid
Walter and John Tate requefted fo to do,) but to pay the &me
to the faid Walter and John Tate, or to either of them, or in any
manner to (atisfy them for the fame, he the laid John Taylor hath
hitherto wholly rcfufed, and doth ftill refufe, to the damage of the
faid Walter and John Tate of two hundred pounds ^ and therefore
they bring their fuit, &c.
I Have left unnhered the averment that cy, though fach man of war did not
the ihip failed with convoy from Grena. jdMrwards accoropaoy the fleet in dio
da, for without it I think the dcclara« voyage. As fiur as I can gather of the
tion would be bad. If the ih;p failed fads, I think the* cbufe giTing libetty
under convoy of a man of war appointed to touch, &c. relates only to touching ai
by the admiral to carry The merrhant. places is tie v^^gt infured.
men to the place of rendesvous* it will Samvel Hitvood^
he a (ailing with convoy within this pcli-
-. And the faid John Taylor, by Fraticis Gregg the younger his
« * attorney, comes and defends the wrong and injury^ when, &c.
and fays, that he did not undertake and promife in manner and
form as the faid Walter and John have above thereof complained
againft him ; and of this he puts himfelf upon the country, &c.
and the faid Walter and John do the like, &c. i therefore iet a
jury thereupon come before our lord the king at Weftminftert
00 -next after ' by whom, &c, and who neither, &c.
to recogQize, &c. becaufe, as well, ice* the fame is given to the
parties aforefaid at the fame place.
•
AND
On SHIPS AKD GOODS. 4^1
AND the faid H. furthcrlays, that afterwards, and before the DlffercntCount^
arrival of the iaid laft mentioned Ihip, with the faid goods and i;j ^^^'^^^^^^^^
merchandizes fo loaden on board her as laft aforelaid, at' Rotter- policies of i«q.
dam aforeiaid, the maftcr and mariners in and on board the faid rxncconJUfsa^
laft mentioned (hip, in a barratrous and fraudulrnt manner, ^(m/i.
without the knowledge and agaihft the will of the faid H. took Jj|^ ^'^jUT^and
and carried away the faid laft mentioned Ihip, with the (aid good^ failort!* *^ *"
and merchandizes fo on board her as aforefaid, to places unknown
to the (aid H. and converted and difpofed thereof to their own ufe ;
and the faid H. loft and was thereby deprived of the faid laft men-
tioocd (hip, and the goods and merchandii&es fo on board her as
ftforelaid, and the profits thereof.
iVND that whilft the (aid laft mentioned (hip was failing Sind Capture by
proceeding on her faid voyage, and before her arrival at Charles- f enema) tht
town, in the faid writing or policy of alTurance mentioned, to wit, ^^^*^^
On the tenth of July in th^ear aforefaid, the faid (hip was^ upon
the high feas, with force ana arihs, and in an hoftile manner, at-
tacked^ conquered, 'took, and carried away a prize by certain
anemies of our lord the now king and his crown of Great Britain, .
to wtt, by certain fubjeds of the French king, being then and fiill
flt enmity and open war with the faid lord the king, and thereby
the fiune (hip, with all the tackle^ apprel, boat, and other furni*
tune thereof, became and was totally loft to the (aid plvintiff, to
wit^ at| &c. i of all which, &c. ^ ^
' AND that aifterwards, and during the faid voyage^ that is to coodt <l«mage<(
fry, on the twentieth of April in the year aforefaid, the faid (hip by a kakfprung
having the (aid goods and merchandizes on board, failing and pro-* '^^ > ^^"^
ceedtng on her laid voyage after her departure from St. Thomas
Iflandi and before her Arrival at H. aforefaid^ in the high fea<;, was,
bv and through the mere danggr of the feas^ and the force and
violence of the winds and waves, and by means of fiormjr
tempeftuous weather, greatly damaged and opened in the feams^
and betw^n the planks rendered leaky, and greatly filled with
water> and the faid goods and merchandizes thereby, then and
there in the faid voyage, were wetted, damaged, and wholly fpoil-
edy and rendered of no ufe or value to the proprietors thereof ;
of all which, &c.
AND the faid p!ainti(Fs further fay, that the faid ihip, after the Tbefhip caft on
making of the faid writing or policy of aflurance, and within a rock and the
eighteen months after the day of her arrival in the. laid river s<»<^« damafrd,
Gambia, and during her ftayand trade there, to wit, fixth of *"**/.^^^r^'*'***
March 1756, was forced and call upon a rock in the faid river ^ ^P • '
Gambia) and was then and there broke, (battered, and bulged,
aod the &id goods and merehandi2cs, fo loaden in and on board
Vol.1. Dd the
402 ASSUMPSIT GENERAL— POLICIES or ASSURANCE.
the faid (hip as aforefaid, were thereby then and there wetted,
damaged, and wholly fpoi!ed ; and the faid (hip afterwards, and
within the (pace of eighteen months frofh the day of her arrival 'il
the faid river Gambia, and during her ftay and trade there, to
wit, on the fame day and year aforefaid, by force of the winds and
tempefts, was wholly loft there in the faid river Gambia i of all
which) &c.'
The fhiponlcr AND the faid plaintiffs further fay, that long afcer the exp!ra-
arrivai feizcd by tion of twenty- four hours from the arrival of the faid {hip at
^d. them, byv force and violence feizcd the faid Ihip, and brdkc m
pieces, (battened, and fpoiled the faid fhip, and the tackle, apparet,
and furniture thereof; of all which, &c.
The (hip da* AND the faid plaintifFs further fay, that after the departure of
magcd on her the f«id fliip from Cork aforcfaid, and before the faid fiiip had
voyage by un- flpifhed the faid intended voyage, to wit, twenty.fcventh of
^"d^"^b#d^°"'' January 1760, certain pcrfons,to the laid plaintiffs unknown, and
without the default of the faid plaintiffs, or either of them, broke,
damaged,. ?nd fpoiled die body of the faid fhip, and broke, fpoilcd,
took, and carried oivay the tackle, apparel, ordnance, i!nunicion,
artillery, boat, and fdrniture of the faid (hip in the faid writing or
policy of alfur^nce mentioned, to the value of four hundred
pounds, whereby the fuid laft mentioned (hip was difabled from
performing her faiJ voyage, and did not perform the fame, but
' became' of no ufo to the proprietors tliereof^ ef all which, &c*
Tlic fti'p aod WAS on the high feas burnt and confiimed with and by^r^i
g</cti» buriii at and the faid goods and iRerchandizes then being and remaining ill
^^•*- end on board the faiJ (hip, was thereby then and there wholly
burnt and confumed vnith and by fire, and v/holiy loft to the own*
ers and proprietors thereof j of all which, &c.
Jnrcreft »n a AND the faid plaintrfF further faith^ that the faid P. H. ont
ihip, nanuly, G. H. and one M. H. at the time of the making of the faid writing
planum two or policy of afl'urance, and from thence continually until and at
Urfons^'thrre.'^'^^ '^"^^ °^ the lofs hereinafter raeniioned* we^c incerefted in the
inainipg thhd. f*iid Aip to a great value, that is to fay, to the value of one thou*
fand pounds, viz, at, &c. and that the faid writing or policy of
aifuratice was procured^ and caufed to be m^-idc as afbicfaid, for
the ufc and benefit of the faid P. H. the faid G. H. and the Ciid
M. H. that is to fay, as to two-third parts of the va)ue of the
faid laft mentioned ibip, «for and on the behalf and for the fole
tjie and benefit of ;he fiid plaintiiF; and as to the remainder third
part
On ships and GOODS. 403
[)art thereof, for and on the beh^f and beoefic of the faid G. H.
and M i H. to wit, at, &c;
ANt) that the faid plaintiff^ at the time of the loading of the Plaintiffs Mtefm
faid goods and merchandizes on board the faid (hip as aforefaid, ''5/^'' *** ^^
and from thence continually until the time of the misfortune here- *^„^? ' "^^
inafter mentioned, were intercfted in the faid goods and merchan-
dizes fo laden on board the faid {hip, to a great value, that is to
fay, to the value of one thouiand pounds.
«
AND the faid plaintiffs further fay, that at the time of the PWntiffj (ky
toiakiiig of the faid writing or policy of affurance, and from thence- ^.*"* ^' ®- ^•^•
fdrth until and at the time of the capture and lofs of the faid fliip f^^^fftcd Hn
hereinafter mentioned, one W. B. S. B. and A. B. were in- moiety •'£ ftiipw
tcrefted in a moiety of the faid (hip to a large value, to wit, to the
value of all the money ever infured for them thereupon, and that
the faid infufancfi fo made as aforcfaid, was made by the faid plain-
tiffs in truft for, and for the ufe and benefit of the faid W, B*&c»
viz. at, &c. *
FOR the' aflurance of one hundred pounds, upon the bodyj Dedarationj on
tackle^ Apparel, ordnance, munition, artillery, boat, and other infurances.
furniture, of and in the faid (hip, in the faid writing or policy of »ft»lnfur»oceof
aiTurance mentioned, and had^ &c. ^>'» J?f*^^'
' ' &c, of flup.
I
9
FOR the aflurance of one hundred pounds, of and upon one id, lool on
half or moiety of the faid fhip, in the faid writing or policy of afTu- moiety oiihip,
ranee mentioned, and had, &c.
FOR theajlurance of two hundred pounds, upon the premifes 3d,2coi. on
mentioned in the faid writing or policy of afTurance, that is to ?"<>«*»> lool. on
fcy, one hundred pounds upon the gooJs ana merchandizes in the faid ^*P'
writing or policy of a(rurance mentioned, and one hundred pounds
upon the My, tackle, apparel, ordnance, munition, artillery, bo4t,
and Other furniture of th^ faid (hip in the faid writing or policy of
alTurance mentioned, and bad, &c.
FOR theaflliranceofonehundred pounds upon the i^^^^tfff^m^r- 4th» i*ool. on
chandizes in the (aid writing or policy of afTurance mentioned, and S^^**
had, &c.
AND the (aid plaintiff further faith, that after the (aid capture For a rateable
of the faid (hip, anti by reafon and in confequenCe thereof, the faid part of txpence
A. B. &€• for whofe bcnelit the faid a(rurance made, before the »" tudta'vourmg
e3khibiting of his bill, to wit, twentieth of November in the laft 'IZZl'^''^^^
year aforefaid> at, Ace. did fue, endeavour, and labour to recover ofpoUcy.
Dd2 th0
40+ ASSUMPSIT GENERAL.— POLICIES of ASSURANCE.
the aforefaid (hip) and in fo doing did neceflarily expend a large
' fum of mone^, that is to fay, fix hundred pounds of lawful money
of Great Britain; whereby the faid dcffndant, according to the
terms of the bid policy of aflurance, and of his promife and vn-
dertaking aforeiaid, became liable tp pay to, and ought to hate
paid to the faid plaintiff, for the ufe of the faid A. B. &c« the fiir*
ther fum of one hundred pounds, the faid one hundred pounds be-
ing the rateabU part or proportion of theexpence aforefaid, whidi
the &id defendant oueht to have paid and contributed in re^iefi of
the infurance aforeiaid*; whereof the faid defendant afterwara, to
wity on the fame day and year aforefaid, at, &c. had notice.
ttioDona LONDON, Jf. Jcfeicbim Famin and Noel Famin connhiD
^ ^^ ^^ George Cawthome, being in the cuftodv, &c. for that where-
0cdBnitioDon
poUqr o£
Inbotfd t^iSip^ -^^ ^^^^ Joachim Famin and Noel Famin, on the thirtieth day
which was u- of May A. D. 1780, at L. aforefaid, to wit, at the parifli of St.
km by the cne- Mary le Bow, in the ward of Cheap, according to the ufitge and
">ie^ cuftom of merchants from time immemorial there u(ed and appro? -
.ed of, caufed to be made a certain writing or policy of infurance^
purporting thereby and containing therein, that as vel] In
own name, as for and in the name and names of all and
every other perfon or perfons to whom the fame might or did ap-
pertain in part or in ail, did make afllirance, andcaufe, and
them and every of them, to be infured, loft or not Joft, at and
from Marfeille^ to Nantz, warranted to fail on or before the fifth
of May 1780, upon any kind of goods and merchandizes wfaatfe-
ever, iqaden or to be loaden on board the good fliip or ve&lcaliof
the Concorde, Dutch veiTe), whereof was mafter, under God,
for that prefent voyage, Meynders Fredricks, or whoever /^
Jhouldgofor mafter in the faidjhip^ or by whatfoev4r other nam
or names the faid Jhip^ or the i9M//rr thereof^ was or Ihoiddbe
named or called ; beginning the adventure upon the (aid goodsand
merchandizes from and immediately following the loading thereof
on board the faid Ihip at Marfeiiles, and fo (hould cootiiwt
and endure until the, faid (hip, with the (aid goods aadner-j
chandizes what(bcver, (hould be arrived at Nantz; and thft
&me there (afely landed, and it (hould be lawful for the iaid
fliip in that voyage to ftop and fiay at any ports or places wharfi^^
ever, without prejudice to that infurance; the faid goodi and
merchandizes by agreement ihould be valued at 1. : toudi-
ing the adventures and perils which they the afiuren wcte coo-
tented to bear, and did take upon them in that voyage, tbef were
of the feas, men of war, fire, enemies, pirates, rovers, mC9th
if ttizons, letters of mart and countermart, furpri(als, takings *^
fea, arrefts, refhaints, and detainments of all kings, princes, aad
people of what nation, condition, or quality foever, barratijoi
the mafter and mariners, and of all other perils, loflfes, and m'
fortunes that had or ihould come to the hurt, detrimeat, or^
mage of the (aid goods or merchandizes} or any pan tb0t»
Ok ships and GOODS. ^S
And In cafe of anjr lois or misfortune, it (hould be lawful for the
fiSuredSy their fa£tors» fervants, and ailigns, to fuc, labour, and
travel for, in and about the defence, and fafeguard, and recovery
of the iaid goods and merchandizes, or any part thereof, without
prejudice to that infurance, to the charges whereof they the aiTu-*
rers would contribute, each one according to the rate and quahti<-
ty offals fum therein aflUred. And it was agreed bv them the in*
furers, that that writing or policy of af&irance flipuld be of as much
force and efFe£l as the fureft writing or policy of afiurance there*
tofpre made in Lombard-ftreet, or in the Royal Exchange, or
eUewiiere in London ;, and fo they the afTurers were contented^ ,
and did thereby promife and bind chemfelves, each one for his own
party their heirs, executors, and |aods, to the aiTureds, their
btixs^ executors, adminifirators, and ai&gns,, for the true per*
formance of the premifes ; confeiSng themfel ves paid for the con-
fiderarioii due^ unto chem for that aiuirance by the aiTured, at and
^fter the rate of twenty- five guineas per cent. In witivefs where*
of tbey the aiTurejrs bad fubfcribed their names and
aQxired in London* And, by the faid writing or policy of aflii«
ranee, vom> fifli, fait, fruit, flour, and feed were warranted free
from average, unlefs general^ or the (hip (hould be (Iranded ; fugar,
tobacco, hemp, flax, hides, aad (kins were warranted firee from
average under five pounds per ^cent. and all other goods all from
average under three pounds pef cent, unlefs general, or the (hip
Piould be ftranded, ais by the faid writing or policy of a(rurance«
reference being thereunto had, more fully appears ; of whiah faid
writing or policy of alTurance he the faid George rfterwards, to
wit, on the (aid thirtieth day of May in the faid A. D. 1780, atL.
afore(aid, in the parid), &c» aforefaid, had notice. And thereupon
afterwards, to wit, on the fame day and year laft aforefaid, at, &c.
aforelaid, in consideration that the faid Joachim and Noel, at the
(pecial inftance and fequefl: of the faid Geprge, had then and there
paid the (aid George a large fum of money, to wit, thefum of twenty*
nine pounds eight (bijlings, of lawful money of Great Britain, as
a premium or reward fpr the afiurance of a lai^ge fum of money,
to wit, the fum of oi^e hundred and twelve pounds, of like bwful
money, of and upon the premifes in the fa^d writing or policy of
affurance contained, and had undertaken and then and there faith*
fully promifed the (aid Qeorge^to perform and fulfil all things in
the Cud writing or policy of afTuraqce contained on the part and
bdialf of the (aid afliirea to be done and performed, he the faid
George undertook, and then and there faithfully promifed the (aid
Joachim and Noel, that he the (aid George would become an af-
nirer to the (aid Joachim and Noel, to yf\t^ for the faid fum of
one hundred and twelve pounds, of ^nd upon the (aid premifes -
mentioned in the faid writing or policy of aiiurance, ana tA&t he
would perform and fulfil all things in the (aid writing or policy of .
affurance contained on his part and behalf as fuch afTurer, as to the
i^d one hundred and twelve pounds to be pqrforiped and fulfillec^
D d 3 according
406 • ASSUxMPSlT GENERAL.— POLICIES of ASStJRANCE,
according to the form and cffeSt of the faid writing or policyrf
afTurance ; and the faid George then and there fubfcribedthe bai
. writing or policy of aflu ranee as fuch afltirefi to wit, for the laij
fum ofone hundred and twelve pounds accordingly, that is to fay,
at London aforefaid, at the parifh and ward aforefaid. And ths
laid Joachim and Noel do aver,- that the faid (hip or veflel, in the
faid writing or policy of afTurance mentioned, at the time of the .
failing thereof herein after mentioned, and from ^ence until 2nd
at the time of the lofs thereof, herein alfo after mentioned, was a
Dutch veflcl, that is to fay, at L. aforeiaid, at the parifh, &c.
aforefaid X. And the faid Joachim and Noel do aver, that the
faid writing or policy of afTurance fo by them the faid Joachim and
Noel made as aforefaid, was by tjiem fo made in truft for^ and fir
the ufcy rijk^ benefit^ bibalfy and account of Mr, Biipiainy and
^certain other perfons who carried on trade and commerce in cq-
fartnerjhip in foreign partSy under tbeftyle and firm ofGaudin^
Eniffardy and of certain other perfins carrying on trade and con*
m^rce in foreign parts under the Jiyle and firm of Seurat and Lou-
Vil rtfpeiiively » according to their refpeSfive proportions as herein
after next mentioned. And the (aid Joachim and Noel further fay,
that afterwards, to wit, on the thirtieth day of April in the laid
A. D. 17H0, divers goods and merchandizes of the faid Mr. Bil-
main, of great value, to wit, of the value of two hundred and twenty
pounds, of liicc lawful money, and divers othergoods of thefaidOaa*
din and EnifTard, of great value, to wit, of the value of one hundred
and fifty pounds, of like lawful money, and divers other goods of
the faid Seurat and Louvel, of great value, to wit, of the value
of other one hundred and fifty pounds, of liice lawful moneyj were
put on board the faid ihip or vefTel, being a Dutch vefFcl as afore-
faid, to be carried thet'ein upon the voyage, in the faid writing or
policy of alTurance mentioned, to wit, at London aforefaid, in the
parilh, &c. aforefaid +. And the faid Joachim and Noel further
Jay, that the faid (hip, in the faid writing or policy of aflurancQ
mentioned, to wit, at L. aforefaid, in the parifh, &c. aforefaid,
afterwards, and before the fifth of May in faid A. D. 1780, thai
is to fay, en faid thirtieth of April in faid A. D. ^7^0, departed
and kt (ail froni Marfeilles aforefaid for and towards Nantz, in
the faid policy of afTurance mentioned, with the faid goods and
merchandizes on board thereof; but that the faid (hip did never
arrive at Nanlz afo^efaid in that Voyage, but, on the contrary
thereof, the faid (hip, failing and proceeding on her faid voyage,
with the faid goods and m^rohandizes on board thereofas aforefaid,'
after her departure frorh MarfeifleS aforefaid, and before her arri-
val at Nantz^ aforefaid, Viz. 6i\ the thirtieth day of May in the
year of Our Lord 1780,' was, in and upon the high feas, widi
force ^nd arms, and in an hofiili maifln^r, attacked, conquered.
Taken by cne- taken, ahd carried away by* certain perfbns to the (aid JoacbiiQ
mica. ^nd Noel unknown ; and the faid fhrp, arid goods and merchan-
dizes on board thereof as aforel'«4id, were thereby wholly loft to ^
On ships and Gt)ODS. • a<^
►roprictore thereof, that is to fay, at L. aforefaid, in the parifli*
rc^forelaid ; of all which premifes the faid George after wards>
to wit, on the fanr^e day and year laft aforefaid, at L. aforefaid, in
the pari(h, &c. aforefaid^ had notice : and, by reafon of the prc-
tnifes^the (aid Georjje then and there became liable, and ought to
have paid to the faid Joachim and IjToel a large fum of money, to
*wit, the faid fum of one hundred and twelve pounds, fo by htm
infured as aforefaid, according to the form and efFeft of the faid
writiug or policy of afiurance, arid his faid promife and undertak-
ing fo by him made in that behalf as aforefaid, to wit, at London
aforefaid, in the parifh and ward aforefaid. (2d Count like the onthe g^Mvii,
firft, till you.come to this mark X, then proceed thus) : And the
faid Joachim and Noel further fay, that afterwards, to \vit, on
the thirtieth of April in the faid A. D. 1780, divers goods and mei*>'
cbandi%es of great value, to wit, of the value of five hundred and
twenty pounds, of like Uwful money, were ioaden on board the faid
ibtp, to be cariied in the faid (hip on the voyage in the faid lad men-
tioned writing or policy of aflurance mentioned, and remained on
board thereof until the lofs thereof hereinafter mentioned, and that
the faid laft mentioned writing or policy of afl^i ranee, fo made as
laft aforefaid, was made for the ufe, benefit, rifle, and account of
the owners of fuch- goods and merchandizes laft mentioned, that
is to fay, at Losdon afdrefaid, in the pl/ilh and ward Aforefaid,
&c. ; (then go on from this mark + to thr end of the Count, then
gdd a Count for money had and received). Neverthelefs the faid
George, not regarding his faid feveral promifes and undertakings
by him made as aforefaid, but contriving and fraudulently intends
ing craftily and fubtillyto deceive and defraud the faid Joachim
jind Noel, in this behalf hath not paid to the, faid Joachim and
, Noel, or to either of them, the faid feveral fums of money, or
either of them, or any part thereof, (although afterwards, to wit,
on the twenty-fourth of February A. D. 17811 and often fmce,
at L. aforefaid, at the parifli, &c. aforefaid, requeued fo to do,)
but to pay the fame to them, or either of them, he the faid George ^
hath hitherto wholly rcfufed, and (lill doth refute, to the damage
of the faid Joaichim and Noel of L \ and therefore they
t>ring fi^it, &c. Pledges, &c, .
And the faid- George Cawthorne, by Robert Ellis his attorney, Dcmurrw
comes and defends the wrong and injury, when, &c ; and as to thereto,
the (irft Count of the faid d<iclaration faith, that the faid firft
Count, and the matters therein contained, in manner and form as i
the fame arc above pleaded and fct forth, are not fufficlent in law
for the (aid Joachini and Noel to have their aforefaid aflion there,
of, in that refpe<ft, maintained ?igainft him; to which' faid firft
County and theiiatter therein contained, in manner and form as
the fame are abova pleaded, and fet forth, he the faid George
Cawthorne is not under any neccffity, nor in any wife bound by
the law of the land, to an(Wer ; and this he the faid George Caw-
thorne is rcad^ to yerifyi wherefore, for \yai^t of a (ufficient firft
P4^ Counit
4P8 ' ASSUMPSIT GENEHAL— POLICIES of ASSURANCE,
Count to the faad declaration in this bdialf, he prays judgment n
• to the (aid firft Count, if the iaid Joachim and Noel ou^ to
have their aforefiud a£rton thereof maintained againft him. Ani
for cauies of demurrer in Uw to the (aid firft Count, according to
the form of the fiatu^ in fiich cafe mjide and provided, he the
fiid George kts down, and fbcws to the Court here, dm caufes
Ciu&t of de- following ; that is to (ay, Fpr that' it does not appear in or by tb^
pyrref. (kid firft Count of the (aid d^laration, that the faid Joachim or
jtjjC^^^/^ Noel had anj intertft in the (aid writing or policy of aUTurance ia
r# fm0^9^ • ijjg f^^j jj^^ Count mentioned, t)r in the goods and merchandtzes
thereby aflfured ; but on the contrary thereofi it appears in and
by the faid firft Count of the (aid declaration, that the faid writing
pr pdicy of afTunmce in the faid firft Cpunt of the Cud declaratioa
mentioned, was made./ff truft for, and for the ufe, ri(k, benefit|
behalf, and account of Mr. BUmain and certain other perfbns who
carried on trade and commerce in copartner(bip in foreign parts,
under the ftyle and firm of Gaudin and Eniflard, and of certaif^
pther perfons carrying on trade and commerce in foreign parts,
under the ftyle and firm of Seurat and Louvel refpe^lively, ac«
cordlpg to their refpeflive proportions in the (aid firft Count
inentioned : and for that it does not appear, in or by (he fiii<|
firft Count of the (aid declaration, that the faid Joachim and Nod
have any right of a(5lic!i whatfoever in that refped in their
right agaiuft the faid George Cawtliorne, or that they or eii
pf them have fuftained any damage or injury by the (aid capture
and lofs therein mentioned: and for that there are divers Uanks
and void fpaces in the faid firft Countof the (aid declaration^ wbtdi
render the feofe thereof wholly vague, uncertain, and oblcure :
. and for that the faid firft Count of the (aid declaration i$t in many
^ ^ ^ pther rcfpedls, uncertain^ infuiBpient, and informaU &c. And
cpftd Count. " as to the fecond Count of the faid dcclaratioui the (iiid George
Cawthorne faith^ that the faid fecond County and the matters
therein contained in manner and form as the (ame jure ^bove
pleaded and fet forth, are not fufficient inlaw for the (^d Joachim
and Noel to have their aforefaid a&ioti thereof rnaintain^
him i to whic!i faid fecond Count, and fhe matters therein
talned in manner and form as the fame are above plea^ an4 iet
forth, he the faid George Cawthorne is not under anjr oeceffity,
nor in anywife bound t)y the law of the land to anfwer ; and tfa»
he the faid George GjiHrthorn^is ready to verify: wherelin^ far
want of a fufficient (Icpnd Count to tlie (aid declan^tion in this
behsdf, he prays j udgment ^s to the faid fecopd Coun^ if the Aid
Joachim and Noel ought to have their afore(siid a^on thereof
(P^ttfea, maintained againft him. And fi>r' c^ufes of demurrer to the laid
fecond Count, according to the form of the ftatute in fiich cafe,
&c. he the faid George fets down, and (hews to the Court herci
the caufcs fcdlowing \ th%t is to fay. For that it doe^ not appear
in or by the faid fecond Count of the laid declaration^ that the (aid
Joachim and Noel h^d any intereft in the (aid writing or policv
pf jliTi^rance in the (aid fycoqd Coui9t mentioned, or |n the goods
Om ships akd goods.
r.Cj /
<0f
and merchandizes thereby afliired \ but it thereby appeort that the
Cud bft-mentioned writine or policy of aiTurance was made for
Ac ufe, benefit, rifle, ana account of the owners of fucb goods
and merchandizes in the iaid fecond Count mentioned ; and for
that the particular names of the &id owners of the faid laft«mea-
tioncd goods and merchandizes, or any or either of them, are not
wio€ is mentioned, expreiTed, fpecifiedi, or declared in or by the
faid fecond Count of the faid declar^ion ; anc^ for that it does not
appear in or by the faid.fecond Count, that the faid Joachim and
Noel were the owners thereof; and for that it does not appear in
,or by the faid fecond Count of the (aid declaration, that they the
iaid Joachim and Noel have any right of action whatfoever in that
rcfped in their own right againft the (aid George* or that they,
or either of chem, have fuftained any damage or injury by the fatd
capture and lofs in the (aid fecond Count mentioned i and for that
there are divers blanks and void fpaces in the (aid fecond Count of
the fiiid declaration, which render the fenfe thereof wholly vague^
uncertain^ and obfcure ; and for that the (aid fecond Count of tbe^
iaid decbtfation is in mai)y other refpe^ uncertain* infuiScient*
and informal, &c* And as to the (kid laft Count of the feid do*
^aradon, the (aid George Cawthorne faith, that he did not under*
cake or promif;: in manner and form as theTaid Joachim and Noel
have .above in that behalf complained againft him ; and of this be
puts himfeif upon the country i and the (aid Joachim and Noel do
the like, &c. CRunkingtoit,
The joinder to the above demurrers was figned by
Geo. Wood.
I Hare confidertd thefe demuxrers,
and am of opinion they wiy not hold.
In the firft demurrer three caufes are af-
ifigned : I ft, Bscaufe it does not appear
thitt the pkuniifft bad my mitrtfi in th«
policy or the goods infured j idly, that
no right cfa^iui appears in the plaintlifi ^
3dly, thai tliert are blanks which render
Sht ienfe of the declaration in thofe paru
pKttUm, At to the firil and UaxA
caaicty I think that by faymtntoftbefre*
rnatmy and making the coatrad* the
plaintiffs have an intenrft in the policy,
and a hght of adion for a breach of the
poatn€tf and tbac it is fuiiicicnt formain-
saining the adioo, thitt there was a rtai
itutrtfi tMJimekody^ for wbo^ ofe the po-
^cy wai made in the goods loaden on
fseard the fliip, and loft by the capture.
And as to the third caufe of demurrer, I
Co not.oNcrve any blanks except in the
iniirument of infurance, called the poU*
^ j a^ tha; bein^ the idemicaf concm^.
it mud be iet forth as it lit and the Co«t
wUl conflrue it according ta the appareae
and ufual fenle in which it has for a great
number of years had its effeA amoqgft
merchantSy and about what there it n»
difiicultyt doubt, or uncertainty* Tbe
caufes in the iecond demurrer are the
iame, except that no tiamet cffajont jry
^arttcularljjpecjfied vAo vfere vumen of At
giodM ; but I think that make* no dif-
ference, as it is ihewn chat foods wtia
l6»den on board the Ihip of more «riHO
than the fi^^ infured $ and that the in«
furance was made for tl)e benefit qC
the owners of fach goods : for this oidy
became neceflary at all finoe the aft c€
parliament whidk makes iniiirance wifb*
out intereft void. The Uankt objeded
to by this demurrer are in the policy^
not in the declaration $ therefore my opi-
nion is the fame at upon the blanks men*
tioncd in the other dfloauner.
JHOMAi DAVBMrOftT.
'i4au9 t^'€^
T«AT
\ ♦
»4ia ASSUMPSIT GENERAL.— POLICIES of ASSURANCE.
I>ec!arat:en on THAT whereas, &c. (ftate the policy in the ufual way). Aojt
two policies of by ^|je fai(j writing or policy of affurance, the faid (hip tbercm
^r^^^go, 'Mentioned was warranted to proceed on that voyage with fixqf
men, and that the (aid (hip was equipped with twenty-two gvos^
eighteen and fix pound (hot^ and iheathed with copper, as by dw
iaid writing or poh'cy of infurance, relation being thereunto had,
will more tuUy and at large appear ; of which faid writing or po*
Hey of aiTurance the faid 1 homasParkifon afterwards, to wic, on the
firft of November A. D. 1780, at London aforefaid, in the parifli
and ward aforefaid, had notice. And thereupon afterwards, to wit,
on the fame day and year laft aforefaid* at London aforefaid, in the
parifh and wardafore(aid, in confideration that the (aid WiUiam Jol-
ly, at thefpecial inflance and requefl: of the faid Thomas Parkiibn,
had then and there paid to the faid Thomas Parkifon a large ftun of
money, to wit, the fum of twenty-five pounds four fhillings of
lawful money of Great Britain, as a premium and reward for die
.infurance of three hundred pounds of s^nd^upon the (hip in the bid
writing or policy of affuranco mentioned, (and alfo another large
.fum of money, to wit, the fum of fixteen pounds (ixleen Ihiliings
of like lawful money of Great Britain, as a premium and reward
for the aiiurance of two hundred pounds, of and upon goods on
board thi; faid ihip, for the voyage in the faid writing cr policy of
afi'urance meuponed,) and ba^i undertaken, and then and there
faithfully pron^lrd the faid 1 homas l^arkifon to perform and fulfil
every thing in the faid writing or policy of afliiraiKe contained,
on the part and behalf of the allured to be performed and ful-
filled, he the faid Thomas Parkifon undertook^ and tq the laid
Wiiji«m Jolly then and there faithfully promifed, that he would
become an aliurer to the faid W*Hianj Jolly for the faid funi of
"three huhdrtd potinds of and upon the faid fbip, (ajid a|fo for the
faid funi of two hundred ppunds of and upon' the ffud goods oi|
poard thereof as aforefaid ]| and the faid Thomas I'arkifun then
and there fubfcribed the faid writing or policy of afiur^uce, as fuch
afltirer, for the faid fum of three hundred ppunds (and two hun-
dred pounds refpeiStively) accordingly, that is to fay, at London
aforefaid, at the parifh and ward a^refaid. And the faid William
Jolly in (ad fayfr, that the f;^id writing or policy of alfurance iq
made as aforefaid, (as to the faid fhip tKorein mentioned, and va*
lued as aforefaid,) was fo made to an^ for the u(e, benefit, and
rifk of hiir.ftlt the laid William Jollyj and Peter Mafleifs, Rebecca
Elizabeth Beaty, (ud'uiniftratrix of Robert fieaty,) John Wood,
John Marlow, Edward Stewart, and Robert hoyd, (and as to
the goods on board thereof for the benefit of himfelf the Ciid
William Jolly';) and the faid William Jolly, Peter Maflers, Re-
becca tlizabt'th Beaty, John \Vood> John Marlovv, Edward
Stewart, and Robert Boyd, before and at the time of the lofs cf
the faid ibip hereinafter mentioned, was intereiied in the iaid (hip
Valued as aforefaid, (and that the faid W, J. before and at the
Xim^ of the lofs hereinafter menti.i|.ed, was intermit ed in <;oods on
' On SHIPS amd' GOODS. «fU
.board the faid (hip to a large amount, to wit, the fum of thirty- three
pounds eighteen (hillings of like lawful monev. that is to fay, at
London aforefaid, at the pari(h and ward aforefaid.) And the
. faid William Jolly in hA further fays, that the faid (hip, to wit,
en the fame day and year lafl aforefaid, failed and proceeded froni
London aforefaid upon the faid voyage, in the faid writing or po-
licy of aflbrance mentioned, with fixty men, equipped according
to the warranty aforefaitlj and Jheatbed wifh coppery and that the
faid (hip afterwards, to wit, on the twentieth day of November
\n the 4id year of Our Lord 1780, being at Cork) in the faid
writing or policy of afTurance mentioned, and in thecourfe of the
voyage therein alfo mentioned, the faid (hip afterwards, to wit,
on the fame day and year laft aforefkid, failed fcfely from Cork
aforefaid, for and towards'the Weft Indies in the faid writing or ,
policy ofa(ru ranee mentioned, (with divers goods on board thereof
to a Targe value and amount, to wit, to the' value and amount of
thirty-three pounds eighteen (hillings of like lawful money, and
which had been be^re that time loaden on board the laid (hip at
Cork and London refpe<flively, to be carried in the f^id (hip to apd •
upon the voyage in the faid writing or policy ofaflfurance mentioned,
that is to lay, at London aforefaid, at the pari(h and ward afore- .
faid ) And the' faid William Jolly in fa£t further fays, that th^
faid (hip never did arrive at any of the Weft India iflands in the faid
writing or policy of a(rurance mentioned, but, on the contrary there-
of, the faid (hip (with the (aid goods on board thereof as aforefaid)
failed and proceeded in and upon the high feas after her departure
from Cork aforefiiid, and before her arrival at any of the Weft
India iflands in the faid writing or policy of alTurance mention-
ed, to wit, on the fifth day of January in the year of Our Lord
178/, was, in and upon the high feas, with force and arms, an4
in an hoftile manner, attacked, conquered, taken, and carried
away by certain pcrfons to the faid William Jolly unknown, and
thereby the (aid (hip and goods on board thereof, to the value
aforefaid, became and were totally loft to the proprietors thereof,
that is to fay, at London aforefaid, (n the pari(h and ward afore*
faid; of all which premifes the faid Thomas Parkifon afterwards^
to wit, on the lame day apd year la(l aforefaid, there had notice :
and by reafon thereof the faid Thomas Parkifon then and there
became liable tp pay, and ought to Have paid fo the faid William
Jolly the faid fums of three hundred pounds (and two hundred
pounds), making together the fum of five hundred pounds of like
lawful money, according to the fo/m and effed of the faid writ-*
ing or policy of aiFurance, and of his proWiifes aud undertakings
in that behalf a^ aforefaid, that is to fay, ^t London afprefaiJ, i^
(be pariih and uard aforeiaid. And whereas alfo, before the V' Coont on a
making of the promife of the faid Thomas Parkifon hereinalter *^«'"»« ^»Pt
next mentioned, to wit, on the fourteenth day of Auguft in the J^tvoti****'
year of Our Lord 17 80, at London aforefaid, in the pari(h and ^
ward fifprefaidj he the faid William Jolly had caufed to be made a
Lt.
I ^
411 ASSUMPSIT GENERAWPOtlClES of ASSURANCE.
certain other writing or policy of adTurance, for die afftmmoe of
a certain other Ihip called the Mary^ of great yalue, to wiCt of
the value of other four thoufand pounds of like lawful moncJ^M^
f>f divers goods of great value» to wit, of the value of other tfaret
thoufand three hundred and eighteen pounds of like lawful mo-
ney on board thereof, on a voyage at and from London to Cork
and the Weft India iflands, with liberty to call at St/ Euftatia i
upon which (aid htt mentioned writing or policy of aflurance, he
the (aid Thomas Parkifon) before the time of making his promife
and undertaking hereinafter mentioned, to wit^ on the fiuaic day
and year laft, mentiooedi at London afore(aid, in the parilh aad
yntd aforefaid, had become an aiTurer to the faid WiUiaun Jolr
ly for jthe (feveral) fums of three hundred pounds upon the fliiy
^ f and two hundred pounds upon the goods on board thereof)* Aid
|d Comt, whereas alfo, beiore the making of the promife of the (i|id Tho*
mas Parkifon hereinafter mentioned, the faid laft-mentioiied ibif
called the Mary, (with goods on board thereof as laft aforefiud ia
that voyage), to wit, on the fifth day of January in the laidyev
17819 was taken by certain perfons to the faid William Jcily usk*
knowA) and thereby (together with the goods on board) was
loft to the proprietors thereof, to wit, at London aforefaid, at the
fSLxifh and ward aforefaid ; of all which laft-menttoned premifes he
the (aid Thomas Parkifon afterwards, to wit, on the uxth day of
Marqh in the faid year of Uur Lord 1781, there had notice : and
the faid TbooEias Parkifon being fuch afTurer as laft aforefaid, and
the faid (hip being fo loft as Uft afore(aid, he the (aid Thomas Par-
kifon in confideration thereof, afterwards* to wit> on the lame
day and year laft aforefaid, at London afore(aid, in the parifli
and ward aforefaid, undertook, and to the (aid William Jolly then
^d ther^ faithfully promifed to pay him one hundred pounck per oent;
upon his fubfcriptions tp the faid laft mentioned writing or po- '
licyof a(rurance, >n one month from the faid fixdi day of Mardi
in the faid year of Our Lord 1781 i by rea(bn whereof the &id
Thomas Parkifon became liable to pay to the faid Wiiliam JoUy
the (feveral) fums of three hundred pounds (and two hundred
pounds fo fubfcribed by him as la^ afore(aid, amounting in
the whole to the fum of five hundred, pounds), in one month
from the faid fixth day of March in the &id year of Qur Xxvd
1781, that is to by^ at London zfortbxd, at the pariih ai|d ward
afore&id,
. 'I Hite joined the tsvo policies toge- lie rrfiiicd, as it if fi)r the benefit of aL
thcr (potwichilaDdtng dw ioterefts are The third fpecial Count is upoo die ad-
herent) in the dcclaracioci according |ullnient» andis theCount nponwbidil
to pradice. But though fuch pradicr would recommend the plaintiifsto
is convenient by way of laving multipU- their oomplainty witiioat going
city of ibitSi yet» as I cannot ^hink it either of the otbers. Upoe thai CpQat»
food in poinf of laW| as it is joining of proof of die fubfciiptiony and of tly
caofes of action in difTercnt fights of the lofs, is fu Acicnc to throw the «at npai
fiune aflioDy J would ^dvife application defendant to prove impofition, with r>
to defendant's attorney to oon^t not gard to the cir^vmHanees, io ^rdtt 10
{p take any adv^^ge of it U)4| canpo^ get rid gf their «Qaf(incnt|
{iow«
Oh ships and GOODS. 4ii
ktmtvtr^ rnnftbe picpund to prove the by the ouiflflc after the SpdnUh (Mfii
whole of die cafe, according to tfaefirft and thereby deviaM from the dkeft
tad fcoond CeuDts> in caie the Couit . couife of the voyage. But I ccmtendy
Ihonld fcrce him to prove the circum- that if all the fafts in the proteA were
ftai^oea, under the idea that they arc not known to the underwriter at tlie time
admitted by the adjuilment : as to the they fettled the adjuftments, they haw
MA merits, I am dear, from the fece waived any benefit they miglkt othetwilk
of the pntdkt tliat the policy it vacated, have had.
LONDON, to wit W. B. complains of J. N, Sec. being, Dechratlonong
&c. for that whereas the faid W. on the twentieth day of Au- P**^ ^ ^^"j
Eft A- D. 1776, at L. aforcfaid, in the pariCh of St. Mary le ^"^'^^
my in the ward of Cheap, accordinR to the cuftom of mer- id coant» on
chants, did caufe to be written and made a certain writing of in- Ihip and car^
furaoce, commonly called a policy of infurance, whereby the faid '"^ ^^ Amjc'a
W. by the name of Mr. William Bond, as well in his own name ^^, London,
as for and in the name and names of all and every other perfon or ^^^ '^ptond
perfons to whom the fame did, might, or (hould appertain, in by the Ameri»
part or in all, did make infurance, and caufed himfelf, and them canb.itatingSt
and every of them, to be infured, 16ft or not loft, at and from ^P ***. *«^
Jamaica to London^ warranted to bavefaiUd on or before ^^^fi^fl ^^7^ *
day of Jugujl 1776, upon any kind of goods and merchandizes, yideCowp.6oi*
and alio upon the body, tackle, apparel, ordnance, munition, ar-
tillery, boat, and other furniture of and in the good (hip or vefTel
called the Capel, whereof was mafter, under God, for that voyage
CaptainC or whofoever elfe (bould go for mafter in the (aid (hip,
or by whatfoever other name or names the (kid (hip, or the maA
ter thereof, was or (hould be named or called ; beginning the ad-
venture upon the (aid goods and merchandizes from the loading
thereof on board the faid (hip, at Jamaica, upon the faid (hip, &c.
and fo (hould continue and endure during her abode there upon the
fiud (hip, &c. and further until the faid (hip, with all its ordnance,
tackle, &c* &c. and goods and merchandizes whatibever, (hould
be arrived at Lpndon upon the faid (hip, &c« until (he had moor-
ed at anchor twenty*iour hours in good fafety \ and upon the
goods and merchandize. until the (ame (hould be there discharged
and fafely landed \ and it (hould be lawful for the (aid (hip,&c. in
that voyage to proceed and (iiil to, and touch and (bv at, any
ports or places whatfoever, without prejudice to that infurance; .
the (aid (hip, &c. goods, and merchandizes, for (b much aS con«
cerned the a(rured, by agreement between the aflured and aiTu* ^
rers, in that policy were and (hould be valued at 1. : touch-
ing the adventures and perils which they the aiTurers were con-
tented to bear and take upotl them in that voyage, they were of
the feas, men of war, (ire, enemies, frigates, rovers, thieves,
jettizons, letters of mart and countermart, furprifals, takings at
(ea, arrefts, and detainments of all kings, princes, and people of
what nation, condition, tX quality f6£ver, barratry of the mafter
And mariners, and of all other perils, lo(res, and misfortunes that
had or fl^ould come, to^ the detriment, hurt, or damage of the
£ud
414
Assumpsit general.— policies of assuraj^cr
laid goods and merchandizes, (hip, &c. or any part thereof; and
in cafe of any lofs or misfortune, it (hould be lawful to the afiu-
red, their fa£tors, fervants land aiBgns, to fue» labour, and tra-
vel for« in and about the defenci^, fafeguard, and recovery of
the faid goods« merchandizes, (hip. Sec. or any part thereof,
M^ithout prejudice to the infurance ) to the charges whereof they
the faid infurers would contribute^ each one according to the rate
and quantity of" his fum therein infured. And it was agreed by
them the aiiurers, that that writing or policy of aflurance (hould
be of as much force and eSc& as the fureft writing or policy of
aflurance theretofore made in Lombard-ftreet, or in the Ro}^
Exchange, or eife where in London ; and fo they the (aid afliirers
weve contented, and did by the faid policy of aflurance promile and
bind thiemfelves, each one for his own part, their heirs, Vxecu*
tors, and goods, tp the aflured^ their executors, adminiftrarors,
and afligns, for the true performance of the premlfcs, confefling
themfclvcs paid the condition due to tbem for that aflurance by
the aflured, at and after the rate of fifteen guineas per cent, t9
return five per cent, if fhe departed with convoy, and ci^ht per
cent, without convoy, lor the voyage, and arrived ; and by a cer-
tain memorandum thereunder written, corn, fifli, fait, fruits,
flour, and feed, were warranted free from average^ unlefs gene-
ral, or the flup were ftranded i fugar, tobacco, hemp, flax, hides, and
flcins wart-anted free from average, uiider five per cent, and all other
goods, alfo the (hip. and freight, were warranted free from average,
under three per cent, unlefs general, or the ihip was ftranded; and bf
a certain other memorandum under the faid policy) it was declared,
that the following infurance was one half of fortyhogfheadsof fugaf
from the eftate of S. H- deceafed, and configned to the faid af-
fured, and valued at twelve pounds ten fliillinors per ho^Oiead,
marked S. H. the other half being infured by mip or (hips the
nintiV day of December I77b> and on rum at nine pounds per
puncheon, as by the faid writing or policy of infurance more ftil-
ly appears; of which faid writing or policy of infurance he the
faid Jofeph afterwards, to wit, on the faid twentieth day of Au-
guft in the year aforcfaid, at London aforefaid, in the parifb and
ward aforefaid, had notice: and thereupon afterwards, to wit, on,
&c. at, &c. in confideration that the (aid W. at the fpecial in-
dance and requeft of the faid Jofeph, had then and there paid to
the faid Jofeph thefum of fifteen guineas as a premium^ and receive
ed for the infurance of one hundred pounds of and upon the prc-
fnifes mentioned in the faid writing or policy of infurance as to
. the faid one half of forty hogflieads of fugar and rum, and had
then and there faithfully promifed to perform and fulfil all things
in the writing or policy of infurance contained on his part and
behalf to be performed and fulfilled as to the faid one half of forty
hogflieads of fugar and rum, he the faid Jofeph undertook, and to
the faid W. then and there faithfully promifed, that the faid Jofeph
would become an afliirer to the faid William for the faid one
hua*
Or SHIPS AND GOODS. 41J
hundred pounds of and upon the faid premtfes mentioned in thd
fatd writing or policy of infurance as to the faid one half of fortv
bogfheads of fugar and rum> and would perform and fulfil ail
things in the writing or policy of infurance on his part and bdialf
to be performed a^ fulfilled, as ftich afiurer, as to the faid one '
hundred pounds as aforefaid; and the faid W. further faith, that
he the faid W. at the time of the making the faid writing or po-
licy of infurance, and continually from thence until and at tho
time of the capture and lofs hereinafter mentioned, was intereft*
cd in the faid fugars and rum to a large value and amount, to wit,
the value of all the monies ever infured thereon, to wit, at Lon-
don aforefaid, &c. : and the faid W. further fays, that the faid
Oiip in the faid writing or policy of infurance meiuioned, with the
(aid»fugars,and rum on board thereof, before the (aid iirft day of
Auguft in the faid year of Our Lord 1776, to wit, on the twen-
ty-firft day of July in the year aforefai*^ ftt fail and departed
fronn St. Anne's Bay at Jamaica aforefaid, where (he had been
loadt-n and had taken on board her cargo for the faid voyage, ready
to perform the faid voyage in the faid policy mentionedy and pro-
ceeded from St. Anne's Bay. aforefaid on the faid voyage, to a cer-
tain place on the high feas near thereto, called Bluefiefd^, in order^
tojbin, and for the purpofe of joining, a certain convoy there,
which was then about to failfrom thence to Great Britain, and
did then and there join the faid convoy ; and afterwards, to wit^
on the ninth day of Auguft in the year aforefaid, the faid fliip in
the faid writing or pdlicy of infurance mentioned, with the faid
fugars and rum on board thereof, fet fail and departed from
Bluefields aforefaid, in company with divers other (hips and yef-
fcls, and with and under the faid convoy on her faid voyage to
the port of L. aforefaid : and the (iiid W. further faith, that the
faid (hip, vi^ith the faid fuears and rum on board, afterwards, and
before her arrival at London aforefaid^ to wit, on the drA day of ^
September A. D. 1776, then failing and proceeding on her faid
voyage in the high feas« was with force and arais, and in a hoflile
maimer, attacked, conquered, and taken by certain rebellious
American fubjcfts of our lord the king, and by means thereof the
(aid fugars and rums became and were wholly loft to the faid W. $
of all which faid preaiifes the faid Jofeph afterwards, to wit,, on
thefirft day of October in the year af.rtfaid, at London afore-
faid, in the pari(h and ward aforeiaid^ had notice ; and was then
and there requefted by the faid William to pay him the faid fum of
one hundred pounds fo infured as aforefaid, and which the (aid
Jofeph ought to have paid to the faid William, according to the
form andeifedt of the faid policy, aod his faid promife ^nd under-
taking fo made as aforefaid. And Whereas alfo the faid W. on, '
&c. at, &c, according to the cuftom of merchants, did caufe to famc^^ur the
be vi^ritten and made a certain other writing of infurance, (the po- /hip laving been
licy fet out the fame as in firft Count,) as by the (aid writ- captured hv pi,
ing or policy of afTurancc laft mentioned more fully appears; rates,ftaanKfliip
£ JO have U'dcd
Vith a coovoy.
4i4 ASSUMPSIT 0ENERAL-~P0LICIES of ASSlHtANCE.
' of which fiiid laft mentioned writing or policy ofaflurancetlie bad
Jofepb, to wit, 6n the (aid twentieth i^y of Auguft in the year
aforeiaid, at, &c. bad notice ; and thereupon afterwards^ to wic^
on die fiune day and year laft afore&id, at, &c. in confideraftioil
that the faid W. at the fpecial inftance and leoueft of the fiid
Jofeph, bad then and there paid to the faid lofeph the fum of
other fifteen guineas as a pfemiam or reward for the aflbrance of
one hundred pounds of and upon the preniifes mentioned in die
laid writing or policy of infurance lad mentioned as to die one
half of forty hogfheads of fugar and rum, Ind had then and there
undertaken, and faithfully prooufed the faid jofeph, to pefferol
and fulfil all things in the (aid laft- mentioned oolicy of auurance^
contained on the part andbehalf of the faid laft mentioned afltirnl,
to be performed as to the faid one half of forty hogibeads of
fugar and rum laft mentioned, he the faid Jofeph undertook, and
to the faid William then and there faithfully promifed, that he the
(aid jofeph wpuld become an afliirer to the faid William for die
faid one hundred pounds of and upon the premifes mentioned in
the laid writing or policy of aiTurance laft mentioned, as to
the laid laft inetitioned one half of forty hoglheads of fugar and
mm, and would perform and fulfil all thiiigs in the laid laft meiH
tioned writing or policy of afTurance contained on his part and be*
balfto be performed and fulfilled, as fuch aflurer, as to tbe bid
one hundred pounds laft mentioned ; and the faid jofeph then and
there became and was an alTurer to the (aid William^ and tfaea
and there fubfcribed the faid laft mentioned writing or policy of
aflurance, as fuch afi'urer, as to tbe faid laft mentioned one hun«
dred pounds as aforefaid : and the faid W. further fays, that be
die laid William, at the time of making the faid laft mentioned
writing or policy of alTurance, and continually from, thence until
and at the time of the capture and lofs hereinafter mentioned, was
interefted in the faid laft mentioned- fugar and rum to a large valut
and amount, to wit, the value and amount of all the nu>ney erer
infured thereon, i. e. at, &c. : and the faid W. furdier £iys, that
the laid Ihip in the faid laft mentioned writing or policy of aflii*
ranee mentioned, with the faid fugar and rum on board thereof,
before the faid firft day of Auguft 1776, to wit, on the faid twen^
^rfixth day of July in the year laft aforefaid, fet fail and departed
nom St. Anne's Bay, at Jamaica aforefaid, where ftie bad been
loading and taking on board her cargo for the faid voyage, ready
to perform the (aid voyage in the (kid laft mentioned policy, and
proceeded from St. Anne's Bay aforefaid, on the faid laft mentioned
voyage,^ to a certain place on the high feas, near thereto, called
Bluefields, in order to join, and for the purpofe of joining, the fitid
convoy there, which was then Sibout to (ail from thence to Great
Britain, and did then and there join the faid convoy i and after*
wards, to wit, on the (aid ninth day of Auguft in the year afore-
faid, the faid (hip, in the faid laft mentioned writing or policy of
inllirance mentioned, with the fugars and rum on board thereof,
let lail and departed from Bluefields aforefaid, in company with
divers
On SHIPS AKo OOODS. 4^7
divers other ft ips and vefiels, and with and under the (aid convoy
otn the (kid voyage, for the pprt of London aforefaid : and the fatd
WiJKam further hjSj that the faid lad mentioned fhip, with the
faid iugars and rum on board thereof, afterwards, and before their
arrival at London aforefaid, to wit, on the faid firft day of S^p*
tember in the faid A. D. then failing and proceeding on her faid
voyagt laft mentioned, on the high feas, was with force and arms,
and in a hoflile manner, attacked, conquered, taien by pi-- *
rates ^ and by means thereof the faid fugars and rum laft men*
tioned became and were wholly- loft to the faid W. B. ; of all
which iaid premifes laft aforefaid the faid J. afterwards, to wit, on
the firft day of October in the year aforefaid, at, &c. had notice ;
and was then and there requcfted by the faid W. to pay to
htm the &id laft mentioned fum of one hundred pounds fo afllireid
as laft aforefaid, and which the faid J. ought to have ,paid to the
faid W. according to the form and effedl of the faid laft mention*
«d policy, and his faid promife and undertaking (o made as laft
aforefaid. And whereas alfo the faid W. on, &c. at,&c« did 3(1 C^ot»t Ckt
caufe to be written or made a certain other writing or policy of *J* ^* »^*"
affurancc, (the policy iet out as before,) as by the laid writing or Jlj^i^^i ^^^^ *«
policy of aftiirance laft mentioned more fully appeared;, of convoy,
which faid laft mentioned writinc^ or policy of amirance he
the iaid Jofeph afterwards, to wit, on, &c» at, &c.
had notice; and thereupon afterwards, to wit, on the faid
day and year laft aforelaid, at, &c, in conflderation that the faid
W. at the fpecial inftante and requeft of the faid John, had then
and there paid to the faid John the fum of other fifteen guineas, as
a premium or reward for the afTurance of one hundred pounds of . ,
and upon the premifes mentioned in the iaid writing or policy of af-
furance laft mentioned, as to the faid one half of the faid forty
hogiheads of fugars and rum laft mentioned, and had then and
there undertaken and faithfully promifed the faid Jofeph to perform
and fulfil all things in the faid laft mentioned writing or policy of
aifurance contained on the part and behalf of the aflureds to be
performed and fulfilled as to the (aid one half of forty hogfheads of
fugar and rum iaft mentioned, he the faid Jofeph undertook,
and to the (aid W. then and there faithfully promifed, that he
the faid Jofeph would become an aftlirer to the faid William for
the faid one hundred pounds laft mentioned of and upon the pre*
mifes mentioned in the faid writing or policy of afiurance men*
tioned, as to the faid one half of forty hogfheads of fugar and
rum laft mentioned, and would perform and fulfil all things in the
£jid laft mentioned writing or policy of afiurance on his part and
behalf to be performed amd fulfilled, as fuch afifurer, as to the
faid one hunted pounds as laft mentioned : and the faid W. fur«
iher iays, that the fiud William, at the time of the making the
laid laft mentioned writing or jgolicy of aiTurance, and continually
from thence^ until and at the time of the capture and lofs herein-
after next mentiopedy was interefted in the laid laft mentioned
fygar and rum to a large value and amount, to wit, to the value
aiMl ainoiint of all the monies iniiired tbereon> that is to fay, at
Vol* L £ c L.
4i8 ASSUx\iPSlT GllNEltAL^POLlCIES of ASSWllAWCffi-
L. aforefaid, &c. : and die faid W. further lays, that the laid (hip
in the faid laft mentioned writing or policy of infurance mention'*
ed, with the (aid fugars and rum laft mentioned on board thereof^
before the faid ftrft day of Auguft A. D. 1776, to wit, on die
twenty- fixth day of July in the year aforefaid, fet fail and depart^
id from Jamaica aforefaid for and upon the faid laji mentioned
voyage \ and the faid laft mentioned fhip, wkh the fugars and rum
on board thereof, afterwards, and before her arrival at L. afore-
faid, to wit, on the firft day of September A. D. 1776, thenfaiU
ing and proceeding on her faid voyage on the high feas, was with
force and arms, and in a hoftHe manner, attacked* conquered^
and taken by certain rebellious American fubje£ts of our faid lord
the kingt and by means thereof the fafd fugars and rum became
and were wholly loft to the faitf W. B, ; of all which premifcs
laft aforefaid the faid Jofeph afterwards, to wit| on the fiiid firft
day of Odober in the year laft aforefaid, at, &c. had notice'; and
was then and there requefted by the faid W. to pay him the .laid
laft mentioned fum of one hundred pounds fo afllired as laft afore*
faid, and which the faid Jofeph ought to have paid to the faid
William, according to the form and eSeSt of the faid laft men-
tioned policy, and his promife and undertaking fo made as laft
aforefaid. (Fourth Count, money had and received^ one hundred
pounds } and breach.)
^ea xil, ' And the faid Jofeph, by T. H. his attorney, comes and defends
Cencrai Iffuft ^^ wrong and injury, when, &c. and as to the faid promife and
undertaking in the- faid ileclaration firft, fecondly, and thirdly
mentioned, and alfo as to the faid promife and undertaking in the
faid declaration laft above mentioned, fays, that he did not pro^
mife and undertake in manner and form as the faid William hath
above Complained againft him ; and of this he puts himfelf upon
id Plea, as to ^j^^ country, &c. ; and the faid W. doth the like. And as to the
!k^ ^of^ft^ f^»^ promife and undertaking in the faid declaration bft abo^e
cuinciis. mentioned as to fifteen guineas^ parcel of the faid one hundred
pounds therein contained, the faid Jofeph &ys, that the faid WiU
liam ought not to have or maintain his faid aflion to recover any
damages by rcafon of the non-payment of the faid fum of fificen
guineas^ becaufe he fays, that after the making of the faid promife
and undertaking in the iaid declaration laft abov6 mentioned as lo
the fdid fifteen guineas, and before the day of exhibiting the bill of
the faid W. to wit, on the firft day of O£iober A. D. 1776, at^
&c. he the faid Jofeph tendered and offered to, pay to the faid
W. the faid fifteen guineas, which the faid W. then and there
refufeJ to accept from the faid Jofej^ : and the faid J. fiuther
^ lays, that he the- faid Jofeph, from the time of the making of
the promife and undertaking in the faid declaration laftly meniioa.
ed as to the faid fifteen guinea$^ hitherto always hath been, and
ftill is, ready to pay to die faid William the fiiid fifteen guineas i
and the faid Jofeph brings the fame into court, ready to be paid to
the faid W. if the faid .W. would accept the fame from the iai<i^
. Jofeph \ and this be is ready to verify \ wherefore be prays judg*
■Kilty
\
Oil SHIPS AnS GOO b 3, 4^V
hient> if the fald W. ought to have his aforefaid action ^o^ re^
4iovery of damages, by rearoii of the hon-pajment of the (aid
fum of fifteen guineas, againft him, &c«
And hereupon the faSd W. freely accepts the faid fum of fif- Accrtiiatnce ti
teen guineas To brought here into court) wherefore the faid Wil- the fifteen gui«
liam is fatisfied as to the faid fifteen guineas, and the faid Jofeph neas, wdveiA^t
is thereof acquitted ; and for trying the faid iflue above joined, let *^«rded to try
a jury come before our lord the king at Weftminfter, on the otberiffiie*
next after by whom^ &c. who neither, &c. to recog-
nize, &c» becaufe aS well, &c« the &me day is given to the faid
|Murtieft there.
LONDON, to wit. T. W. and H. K. complain againft iJeciarationima
J. B. &c, for that whereais, on the feventh day of March I774i to policy of infu-
wit, at the parifli of St. Mary le Bow in the ward of Cheap, the ranee of the fljin
faid T. H. to and for the ufe and binefit oforti 7. H. according ^^ [^^
to the ufage and cuflom of merchants, caufed to be made a |(i coan^ ftau
l:ertain writing or policy of aflurance, piirporting thereby, and in^ the fliip »
containing therein, that the iaid T« W, and H. K. as well in their havebeen«rr^
own names as in the name or names (here fet out the policy and "^ "^ dtt^md
premium} } of which (aid writing or policy of aflurance he the faid jjj^own topbto-
iames afterwards, to wit, on the fame day and year afbre(aid^ at tiff on the cMdl
«o^on aforefaid, had notice ; and thereupon afterwards, to wit,
€>a the fame day and year aforefaid, at London aforefaid^ in
the parilb and ward aforefaid, in confideration that the (^d
'T. and H. at the fpecial inflance and requeft of the faid
James, had then and there paid to the faid James flfty-twd pounda
ten killings as a premium or reward for the infurance of two
faundred pounds of and upon the faid /hip and freight^ and had
undertaken, and then and there faithfully promifed the faid James^
to perform and fulfil all ^things in the faid writing or policy of af-
lurance contained on the part of the aflurers to oe performed and
fulfilled^ he the (aid J. undertook, and then and there promifed the
laid T. and H. that he the faid J. would become an aiTurer to the
laid T. Hi for the fum of twd hundred pounds upon the faid (hip
and freight, and that he would perform and fulfil all things in the
laid writing or policy of aflurance (Contained on his part and
behalf to be performed and fulfilled, as fuch aflurer, as to the faid
two hundred pounds, and then and there fubfcribed the faid writ-*
iog or policy of aflurance, as fuch aflurer, for two hundred pounds^
to wit, at, &c. : and the faid T. and H. further fay, that the iaid
Ihip, with divers goods and merchandizes loaded on board her^
-was failing and proceeding in the courfe of her iaid voyage in the
laid writing or policy of aflTurance mentioned ; and being fo fail*
ing and proceeding as aforefaid, afterwards, and after the makinff
the faid policy of aflurance, to wit, on the third day of April iffOf
the faid ihip was by force and violence upon the nigh feas arrcft-
c<L reftraijiiiBd^ and detai/ied by cerbun people unknown to the
Eta -
4ia ASSUMPSIT GENERAL.— POLICIES at ASSURANCE.
£iid T* and H. on the coaft of America, whereby the (aid (kip and
freight in the aforefaid policy of aflurance mentioned became and
was totally loft t and the faid T, and H. in h& fay, that the inte«
reft of the faid J. H. in the faid (hip and the (aid freight fo afliir«
ed as aforefaid) at the time of making the faid writing or po-
licy of afTurancei from thence and untu, and at the time of the
lo(s afbre(aid, amounted to a large fum of money, to wit, to the
fum of two hundred pounds fo infurcd as aforefaid, and of all the
money ever infured or caufed to be infured thereon, &c« ; of aJl
which faid premifcs the faid J. afterwards^ to wit, on the firft day
of January 1778, at, &c. had notice: and by reafoh thereof he
beoune then and there liable to pay, and was then and there
requefted by the faid • T. and H. to pay to them the faid fum
of two hundred pounds fo by him alfured as aforefaid, and which
f<iid fum the (aid J. then and there ought to have paid to the (aid
T. and H. according to the form and efFcct of the faid promilc
and undertaking fo made by the faid James in that behalf as
id CoQfit on aforefaid^ to wit, at, &c. And whereas aHo, on the faid feventfa
Umc policy, the Jay of March 1776, at, &c. the faid T. W. ard H. K. for and
^^^«^ on the behalf of the faid J. H. according to die uCige and cuftom
fcni uDknown.' ^^ merchants, caufed to be made a certain other writing or p(rfi»
cy of afTurance, purporting thereby, and containing therein ((et
out policy as before^ ; which faid writing or policy of a(rurance he
the faid J. afterwards, to wit, on fame day and year afare(aid, aty
&r. had notice; and thereupon afterwards, to wit, on, &c. al»
&c. in confideratiort that the faid T. and H. at the fpecial in-
fiance and rcqueft of the faid James, had then and there paid to
the faid James the. fum of fifty-two pounds ten (hillings as a
premium and reward for the iniurance of two hundred pounds of
and upon the faid (hip and freight in the faid laft mentioned policy
of aflfu ranee mentioned, and had undertaken, and then and there
faithfully promifed the faid James, to perform all things in the (aid
policy of a(rarance mentioned and contained on die part and be*
half of the alTurcds to be performed and fulfilled, he the faid J.
undertook, and then and there faithfully promifed the faid T. and
H. that he the faid J. would become an ailurer to the faid H. far
the faid laft mentioned fum of two hundred pounds of and upon
the &id laft mentioned (Iiip and freight, and tliat he would perfbrai
, and fulfil all things in the faid writing or policy of infu ranee men*
tinned and contained on his part and behalf to be perfornned and
fulfilled, as fuch afl'ur«r, as to the (aid fum of two hundred pounds,
and then and there fubicribed the faid laft mentioned writing or
policy of infurance, as fuch infurer, &c. to wit, at, &c. ; and the
(aid T. and H. further fay, that the faid laft mentioned Ihip, widi
divers goods and merchanaizes loaded onboard, was failing and pro-
ceeding in the courfe of her faid voyage in the &id la(( mentioned
writing or policy of infurance mentioned ; and being fo tkHingand
proceedine as arorefaid, afterwards, and after the making die faii
policy of mfurance^ to wit, on the third day of April 1776, the
faid inip was by force and violence upon the high (L-as arrefteJ,re-
iir«iiucd»
On S H I P S AND G O O n S, • ^i
fcained, and detained upon the coaft of North America, ij cerfaih
ferhm a€ling under the command and authority of the right honour m
ahU the earl ofDunmorey his Majc/iv*s then lieutenant and governor^*
general of the colonyand dominion of kirginia^ and vice^^dnuralofthi
Jfame^ whereby the faid ftiip and freight in thelaft mentioned writing
or policy of aflurance mentioned, became and were totally loft : and
the (kid T. and H. in h8t fay, that the intereft of the faid J. H. in
the laid laft mentioned (hip and the faid laft mentioned freight, fo
infured as aforcfaid, at t^e time of the making of the faid laft men-
tioned writing oi* policy of infurance>and from thence until and at the *
time of the laft mentioned iofs, amounted to a large fum of money, XOi
wit) the fum of other two hundred pounds, fo infured as aforefaid>
and of all the money ever infured or caufed to be infured thereoDi
at, &c. \ of all which premifes the faid James afterwards, to
wit, on the faid third day of June I778, at, &c. had notice t ,
and by recfon thereof, he became then and there liable to pay, and
was then and there requefted by the faid J. H. to pay to them the
faid laft mentioned fum of two hundred pounds fo by them infur«»
ed as aforefaid, and which {aid fum the faid James ought to have
paid to the faid T* and H. according to the form and ene£l: of the
promife and undertaking fo made by the faid James in that behalf
as laft aforeiaidy to wit, at, &c. And whereas alfo (another
Count, precifely the fame as the laft, except the following words,
jnfteaul of thofe in italic in the laft Count ; ^ enemies of our faid
fovereign lord the king, and who iiad taken up arms againft our
faid lord the king upon the coaft of America.** (Money had and
feceived \ general breach.)
Drawn bj Mr. Crohpton.
«
(SJET put policy, premium, &c.) And the faid D. then De€lantjonbr«
^nd there became an afturer to the faid H. and fubfcribed the faid P*^ ^"""^^ <^
writing or policy of aflurance as fuch aflurer, as to the faid one ^'?*? *P**^
hundred pounds : and the faid P, in faft fays, that the faid fliip, ^rtt^ckJl
at the time of making the faid writing or policy of aflurance, to,Mrriter» (Uting
wit, on the thirtieth day of 0£lober, in the year aforefaid, was in that the fliipwat
.(afety* *^ wit of fs af^rAAi/l ttrk frViA f'yxA ^%frt*\wkf^ ^f m^W^-^ ^C ^f tftken mmI raum
furanct
November 17 6^j ... , . „ wiw ««. ~
dizes on board her, fet fail, and departed' from S. aforefaid, on her /^r ftnd^ lbE<
^id intended yoyage towards C, aforefaid, in the faid writing or
policy of aflurance mentioned ; and the faid P. further fays, that '
afterwards, and while the faid fliip was failing and proceeding on
her (aid jntende^ voyage, and before her arrival at C. afordaid,
t. e. on the tenth dajr of fjovemhcr 176^, the faid fliip was with
force and arms, andin a hoftile manner, attacked, conquered, and
taken as a prixe by certaih enemies of our Jord the now king,
that is to fay, byc^ruin fubieds of the French king, dien being
fit enmity and open war withL our fyHA lord the now king : and
thereupon the iaid J. H. who was mafier of the &id ihip as aferc^
*M 'USA,
4U ASSUMPSIT GENERAL.— POLICIES or ASSURANCE,
hidy afterwards, to wit^ on the day and year laft mentionec), on
behalf of the faid P. and the feveral other owners of (hares in the
V faid ihip, ranibmed the faid (hip from the aforcfaid enemies of our
(aid lord the king for a larg^ futn of money, i. e. for die fum of
1. lo be paid by the faid P. and the flveral other,
owners of (hares jnthe faid (hip, for the (kid ranfom thereof: and
the faid P. further fays, that afterwards, to wit, on the fame day
and year laft mentioned, the aforefaid (hip being fo ranfomed as
aforefaid, and being thereupon reftored and delivei ed back by the
faid enemies of our faid lord the king to the faid T. H. for the ufe
of the (aid P. and to the faid other owners of ihares in the faid
ihip, the faid (hip proceeded aqd failed on her faid intended voyage
towards C. aforefaid ; aiicj that afterwafds, and during the coune
of that voyage^ and before the arrival of the faid (hip at C. afore-
faid, to Wit, on the tweritieth day of November aforefaid, the £ud
ihip, on the high feas, by force and violence of the winds and
waves, and by the perils and misfortunes of the fea, foundered,
wrecked, and funk in the fea ; and thereby the faid Qiip. and al)
the intereft of the faid P. therein became wholly loft to him the
faid P. to wit, at L. &Cf : and the (kid K. in fapl fays, that he the
faid P. at the time of making; the infu ranee aforefaid, and at the
time of the fajd capture, and alfo at the time of the total Ufs of
the faid (hip, was owner of a large (hare of parr, that is to lay,
^n eighth part of the faid (hip, and was intcrefted therein to a great
value and amount, to wit, to the amount apd value of two hun-
dred pounds; apd that he the faid P. after the faid capture an4
ranfom of the faid (hjp, to wit, on the day and year laft mention*-
ed, at, &c. was obliged to pay, and did actually pay, 9s his (barft
or proportion of the laid price or expencj of ranfoming the fai^
fhip, upon the capture aforefaid, a large fum of money, to wit,
fifty pounds, &c.j of all whic^ premifcs tiie faid t). afterwards.
to wit, on the firft day of March 1763, at, &c. had notice : and
by reafon of the fai^ premifes, he the Jiid D. ought, according tq
the intent and efFedl of his faid promife and undertaking afore-
faid, to have paid to the faid P. ^ large fum of money, to wit,
fifty pounds, 00 account of the ranfom aforefaid, ^d the further
fum of one hundred pounds on account of the faid total lofscf the
faid (hip \ wKich faid fums of fifty pounds and one hundred pounds
make toeetl»r the fi^n of one hun^jred ^nd fifty pounds* Nevefy
^bcjc^, &c. '
npftclvatioii on ^
policy of aflur- LONDON, ff^ W. Grcgfon, &c. &c. complains of Thomaf
n^bf nfvcs il^: Gilbert, being, &c. for thit whereas the faid plaintiffs on the diird
fured from Afrj day of July 1 78 1, at, &c. according to the ufage and cuftom of
ca to N. Ame- fnerclia^ts, caufed a certain writing or policy of aflfuiance to be
rica, ftaiing thai pj^de in thepame of the faid William, but for the ufe, benefit^
|he (bi? was dc- ^j intcreft, and on ^e joint account of the faid plaintiffs, where-
tamed by cpn- i ' . > ' . • ?
traf> winds, and fendened foul and leaky, and by rearfon of the delay, there «iras a want of water ;
'ftr fuf4 (cvcra) of Che Oaves iiifd, others jumped overboard and periflied|. and the reft o£ (b^ onf
w^re -hli^cd v^ rtu^w othcf^ OYfiboard| for ;h^ prcfcrvpioa 9X their ^i^ lives,
' " ^
On ships ako GOODS. 423
by the (aid William^ as well in bis own name as for and in tho
name and names of all and every perfon or perfons to
ivhom the fame did, might, or (hould appertain in part or in all,
did make aflurance, and caufed himfelf and them, and everv of
them, to be infured, loft or not Ioft> at and from the coaft of'
Africa* and during bis trade and ftay there, and to his difcharg-
ing port or ports in the Britifli Weft Indies, or conquered iflandsy
upon every kind of goods and merchandizes, and alfo upon
tbe body, tackle, apparel, ordnance, mujiition, artillerv, boat, and
other furniture of and in the good fliip 01 veiTel called the Zongi
iMrhereof was mafter, under God, for the voyage, Collingwoodt
or whofoever elfe fhould go for mafter in the uid (hip, or by what-
ibever other name or names the fame (hipi or the mafter thereof^
was or fliould be named or called ; begimiine the adventure upon
the faid goods tnd merchandizes from the loading thereof on board
the (kid (hip, and upon the fame (hip, &c. aird (hould continue
and endure, during her abode there, upon the faid (bip> &c ; and
further, until the u!d (hip, with all her ordnance, tackle, apparel,
foods, &c. whatever, (hould arrive at upon the (kid (hip,
ic until (he had moored and anchored twenty-four hours in good
iafety, and upon the goods and merchandizes until the (kme be
there difcharged and iafely landed; and (hould be lawful for the faid
ihip, &c. in that voyage to proceed and fail to, and touch and ftay
at any ports or places whatfoever, without prejudice to that infu-«
ranee; the (aid fliip, &c. goods and merchandizes, &c. for as much
as concerned the a(rureds, by agreement between the aflurers and
a(rureds m this policy, were and (hould be valued at the fum of
upon the whole of the (hip, and on goods as interc(^
appeared, valuing (laves at thirty pounds fteriing per head, &c*
without further account to be given by the afiured for the (ame^
touching, &c. infurance twenty pounds per cent ; and in cafe of
lois, which God forbid, the aiiurers not to make up any avenge
lofs under five pounds per cent, unlefs general. In witnefs.
whereof, they the aflTureds had fubfcribed their names and fums af«
fured in Liverpool : and, by the faid writing or policy of aflurance,
corn, (alt, fi(h, fruit, flour, and feeds, were warranted free fron^
average, unlefs general, and the (hip was ftranded i and by the
^d policy of infurance it was wai ranted to nuke up no average
1q(s by trading in boats under ten pounds per cent, and by infur-
redjons under three per cent, as by the (kid writing or policy of
i^furanpe, reference bein^ thereunto had, will more fully and at
large appear \ of which faid writing or policy of infurance the bi^ .
Thomas afterwards, to wit, on the (kme day and year laft afore*
faidf at, &c, had notice ; and thereupon afterwards, to wit, on the
fame day and yi'ar afare(aid, at Liverpool, to wit, at London,
e;c. in confideration that the faid plaintiffs, at the fpecial inftance
and reaueft of the (aid defendant, had then and there paid to the
faid defendant the fum of forty guineas, of, &c. as a premium and
reward for the a(rurance of two hundred pounds of and upon the
preniiCes afpreikid^ meationcd in the faid writing or poUcy of infu^
£ e 4 rance^
4i4. ASSUMPSIT'GENERAL.-^POLiCIES of ASSURANCE.
ranee, and had undertalcen, and to the faid defendant then and
there faithfully promifed to perform and fulfil idl diings contain*
ed in the faid writing or policy of aflurance, on the part and be-
half of the infured to be performed and fulfilled, the faid defendant
undertook, and to the faid plaintifFs then and there faithfully pro-
mifed, that he the faid T. would become an afliirer for the (aid
fum of two hundred pounds of and upon the premifes afbrclai<l, in
the faid writine or policy of infurance mentioned, or contained on
his part and behalf as fuch aiTurer as to the faid fum of two hun«-
dred pounds to be performed and fulfilled, according to the farm
and efFe<^ of the (aid writing or policy of affurance, and then and
there iiibfcribed the faid writing or policy of afliirance as fuch af-
furer for the laid fum of two hundred pounds. And the laid plain-
tifis further (ay, that the faid (hip or velTel called, &c after the
making of the l<ud writing or policy of aflfuranre,^ to wit, on the
fixth day of September in the year aforefaid, was in good lafety at
the coaft of Africa aforefaid, and was then and there loaded with
divers negro (laves, to wit, five hundred negro (laves of great
value, to wit| of the value of fifteen thoufand pounds, for his fiud
voyage. And the faid plaintiffs further fay, that the faid writing
or p^icy of affurance fo made- in the name of the faid W. G. was
inade for and on behalf, and for the ufe, tnt&re(l, and benefit,
and on the joint account of the laid plaintiffs ; and that the (aid
plaintiffs, at the time of making the faid writing or policy of af-
furance, and from that time, until and at the rcfpe£live times of
the damages, lofs, and misfortunes hereinafter mentioned, were
interefled in the faid negro (laves fo leaden on board the faid (hip
6r vefiel called the Zong, to a large valuer to wit, to the value
of all the money by the faid plaintiffs ever infured or cau(ed to be
infured thereon. And the faid plaintiffs further fay, that the faid
fiiip or vefTel called the Zong, with the faid negro (laves foioaden
on board her as aforefaid, and fo being in good fafety as afore(aid|
and having on board a re-aft>nable and proper quantity of water for
fiich a voyage as aforefaid, afterv«^ards, to wit, on the faid flxth
day of ^epterr»her 1781, departed aivd fet fail from the coafl of
Africa aforef.iid towards the ifland of Jamaica in the Britifli V/tfk
Indies ; and the fame ihip, with the fame negro (laves (b loaden
on board her as aforefaid, failing and proceeding on her faid voyage
from the caift of Africa towards the ifland of Jamaica aforefaid,
and before her arrival there, to wit, at divers times before her (aid
arrival ther^, by the perils of the fca, by violent and contrary
winds, currents, and other misfortunes, was rendered foul and
leaky, and was delayed, hindered, and retarded in her faid voyage j
and by reafon thereof fo much of the water on board the (aid fliip
for the faid voyage was neceflarily confumed ai*d fpent on board the
, faid (hip, that afterwards, and before the arrival of the (aid ihfy
or veflel at the faid ifland of Jamaica aforefaid, in her voyage
aforefaid, to wit, on the twenty-ninth day of November 1781, a
iTufHcient fupply or quantity of water did not remairv on board the
fame ihip or vtfiel for prckrving the lives of the ma^Rtr and 1^
rujcrs
Ok SHtPS AND GOODS. 42J
rincrs belonging to the faid (hip and then on board die fame, and
of the faid negro flaves fo loadedand being on board her as afore«
£iid, for the refidue of the faid vojrage ; and by reafon thereof af«
ferwards, during the laid voyage, and before the arrival of the faid
Ihip or veflel at the ifland of Jamaica aforefaid, to wit, on the faid
twenty-ninth day of Nove<nber 1781 aforefaid, and at divers other
days and times between that day and the arrival of the faid ihip or
vefltl at the ifland of Jamaica aforefaid, divers, to wit, fixty of tlie
faid negro flaves, then being on board the faid ihip or veiTel,
periihed and died tor want of water for their fuftenance and fupport,
and were whdjy loil to the faid plaintiiB; and divers others, to
ivit, forty other of the faid negro flaves fo loaded and being on
boaird the iaid ihip or veilel, for want of water for their fui^enancc
and fupport, and by their extreme thirft and phrenzy oocafioned
thereby, were compelled t9 throw themfelves, and did throw them-
fdves, into the fea, and thereby periihed' and were drowned, and
totally loil to die faid plaintiffs ; and the mafter and mariners, for
the neceflary prefer vation of their own lives and the lives of the
reiidue of the iaid negro flaves on board the faid ihip or veflel,
and which, by reafon of the faid infufllciency of water, occaiioned
hy the means aforeiaid, they could not have otherwiie preierv*
cp, were obliged to dirow overboard into the fea divers, to wit^
one hundred and fifty other of the faid negro flaves, whereby the
iaid laft mentioned negro flaves periihed and were drowned in the
|ea» and were totally loil to the faid plaintiflTs, whereby a lofs above
iive pounds, to wit, fifry pounds by the hundred for every hundred|
of the value of the faid negro flaves, fo loaded on hoa^d the faid
ihip or vef&l, and infured as aforefaid, accrued thereon to the iaid
plaintifFs; of all which premifes the faid defendant afterwards, to
wit, on the firil day of January 1783, at London aforefaid, in the
pariih and ward afore&id, had notice ; and by reafon thereof, theq
and there ought to have paid to the faid plaintiffs a large fum o{^
money, to wit, the fum of one hundred pounds, in refpe£lofdie
faid fum of two hundred pounds, fo by him infured as aforefaid^
according to the form and efFe<Sl of the faid writing or policy of in«
Jurance, and of bis. faid promife and undertaking in that behalf
made as aforeiaid (Count for money had and received.)
LONDON, to wit, lyi. W . widow, complains of W. B- be- . .
ing, *c. for Aat whereas the faid Mary, on die iifteendi of Sep- 2^r^r*
tember 1757, at, &c. aforeiaid; accordmg to the ufage and cuf- Mceibfamipfar
torn of merchants from fime inunemoriai ufed and approved ofy one calendar
caufed to be' made a certain writing or policy of afliurance, pur- mon^ Aatins
porting thereby tad containing therein, that' the faid Mary W. as ****^*^!^TiS
well in her own name as for and in the name and names of all and ^^
tvery other perfon and perfons to whom the iame did, migbt, or
Ihould appertain, in part dr in all, did make aflurance, and taufed
herfelf and them to be aiTured, loil or not^loil,y^r and during tbi
tiact rf cm €aUndar tmnth^ from SgtabampUn t9 Falmouth^ and
4^^
ASSUMPSIT GENERAL.— POLICTES of ASSURANCE.
hacij with Ubitrty t9 Uucb at Guemfey^ upon the hoAjy tackle^
ordnance, apparel, munUion, &c. of and in the good (hip or ve&l
called the Happy Return, vtYytrtoUkc beginning the adventure t^sn
the faid fiip, 6fc. Jrom and immediately fallowing the third rftbat
then in/iant September I757» and fo Jhiuld continue and endure ua-,
til the faid Jhtpy with her faid tackle^ apfarely ^c. /hould be art
rived at thefuU end and term of one calendar months and there bad
mioored at anchor twenty-four hours in goodfafety^ (here fet out the
policy,) as by the faid writing or policy of aflurance, relation be-
ing thereto had, will more fully and at large appear; of which £ud
writing or policy of affurance the faid WiUiam afterwards, to wit,
on the fifteenth of September 1 7 57, at, &c. of and from the faid
Mary had notice ; and thereupon afterwards, to wit, on the day
and year lafl afore&id, at, &c. (mutual promifes) : and the faid
Mary avers, that the faid (hip, mentioned in the (aid writing or
policy of aiTurance, before the time of making the faid writing, la
wit, on the third of September 1757, was in good fk£:ty in her
£ud voyage, to wit, at Guernfey aforefaid. And die faid Mary
furdier fays, that the faid fhip, before the making of the faid writ*
ing or policy of af&irance, to wit, on the fourth of September in
the year aforefaid, departed and fet fail from Guernfey, 011 her faid
voyage to the port of Southampton aforefaid, and that the faid fhip
pever did arrive at the faid port of Southampton; but on the con-
trary thereof, the faid fhip, (ailing and proceeding on her faid
voyage after her faid departure from Guernfey aforefaid, tf«^fi;<V^/i9
thejaid calendar month mentioned in the faid policy^ and before her
arrival at the faid port of Southampton, to wit^ on the fixteenth of
September in the year aforefaid, on the high feas, was, with force
imd arms, and in a hofiile manner, attacked, conquered, aocl
taken a priee by certain perfbns, enemies of our lord the now king
and his crown of Great Britain, to wit, by certain Frenchmen and
fubjciSts of the king of France, and jivas by them then and theie
taken, and carried away as fuch prize, and was thereby wholly lofi
to the faid Mary, the then proprietor thereof j of all which pre-
mifes, jcc* and was then and there requefVed, &c. (Breadk)
l)rawn by Mr. WarreNi
Declaration t>y
|he affignces of
a bankrupt on a
policy of aflur-
anceonlhipand
goods, the fliip
having been loft
by the k^rrAtry
ff the maAer.
LONDON, to wit. John Craven and John Mackintos, at'
fignees of the debts, goods, and efie^ls which were of John Caimp*
bell a bankrupt, accordioj^ to the form of the flatu^e made and
now in force concerning bankrupts, complain of Georse Jcho-
flone, being, ^c. for Uiat whereas the iaid J. Campbell, before
he became a bankrupt, to wit, on the fifth of September 1757, at
London aforefaid, to wit, in the parifh and ward, ^c according
to the ufage and cuflom of merchants, caufed and procured to m
made a certain writing or policy of aflurance, purporting thereby^
and containing therein, that John Campbell, as well in his own
name as for and in the name and names of all and every otlier per«
ion or perfons to wboin the lame di4 or might belong,' in. jjarttciv
he
Om ships and goods. ^fiif
far or in 2i]f 9 did make aflurance, and did caufe himfelf, and everjF
of dicm to be infured) hjl mr rnt kft^ at and frnm &U Eujiatia t^L ^ - -
the Say of Honduras^ and at andfr$m tbtncf to Rotttrddrnj upoff
any kind of goods and merehandiTUS^ and'alfo upon the body, occ.
pf and in me goodftipand veffd called the Royal Sloop, whereof was
inafter for that prefent voyage, or whomibever die (hould
£> for mafter in the faid uip, or by whatever other name or names
e. iaid (hip, or the mafter thereof, )vas or (hould be named
or called \ beginning the adventuro upon the faid goods and moK-^
shandiziM^ from tbo loading thereof on board tbe faid Jbif as
abcvty or eijifvfberey upon tbe faidjhtpy Vc. until Jhe bad moored at
anchor twenty 'four bours in good frfety^ and upon tbe goods andmer^
chandizes until tbe fame Jbould be tbere difcbarged andfafefy landed i
and it (hould be lawful to and for me (aid (hip, etc. in that
voyage to proceed and fail t&, and touch and ftay at any ports or
{daces whatibever, without prejudice to diat infurance; the faid
ihip. He. goods &c. to be valued, &c. touching, &c. premium ^
£irty guineas per cent, in cafe of lofs, the afllired to abate two per
cent, as by the (aid writing or policy of aiTurance more fully ap-
pears ; und^r which (aid writing or policy of aiTurance a certain^e- '
rnorandum was then and there written, whereby corn, &c. ; of which
faid writing or policy of -aifurance the laid G. J. afterwards, to
ynii on, &c. at, &c. had notice : and thereupon afterwards, and
before the faid J. C. became a bankrupt, to wit, on the fame day
and year aforeiaidv at, &c. in coniideration that the faid J. C. at
the fpecial ii^ance ai|d requeft pf the (aid G. J. had then and there
paid to the (aid G. T. the fum of as a j^remium and reward
for die aiTurance of one hundred pounds upon the premifes men«r
tioned in the faid writing or policy of aiTurance, and had then and
(here undertal^en and faithfully promifed the faid G* J. to peribmi
and fuliil every thing \t\ the (aid writing or policy of aiTurance con«^
tained, on the part and behalf of the ailureds to be performed and
fulfilled, he the faid Q. J. undertook, and to the (aid J, C. then
fmd there faithfully promifed, that he the (aid G. J. would become
an alTurer to the faid J, C. for the fum of one hundred pounds upon
the premifes in the faid writing o^ policy of aiTurance mentioned,
and would perform and fulfil every thing in the faid writing or po«-
licy of aiTurance contained, qn bis part and behalf to be performed
smd fulfilled as fuch aiTi^rer as to the faid fum of one hundred
pounds. And th^ bXA J. G* and J. M. in fd& fay, that the iaid
Ihip, in the (aid writing or policy of aiTurance mentioned, before
the making of the faid writing or policy of aiTurance, was in fafe-
ty, towjt, ^t St. Euftacia, in the faid writing or policy of afliir«
ance mqptioned, smd afterwards departed and fet iail from St«
Euilada aforefaid, and arrived ^t the Qay of Honduras, in the iaid \
writing or policy qf aiTuranQe mentioned ; <md that before tbe mak-
ing of\befaid writing or pili^y of affura^ncoy divert goods and mor-
^onMzes of great value^ to witj of tbe value of tbree bundred
pounds were haden and put on board the faid Jhip to be carried and
ifonvejfd in tbe faid fiip fr^m^ fite Bay ofHqndur^s aforefaid to Rot^
'
4^ ASSUMPSIT ftENEHAL.^POLlCXES of ASSURANCE-
iirdam^m the faidwriUHg or polity rf^£iirancimimUmid\ mmdtbai
thi faid goods and mercharuiizes remained and cwtinued #s ioari
fhe faid fl)ip from tkence until the time ofthehfs hereinafter mn^
tioned\ and that the &id J. C. until and at the time of the \A
hereinafter next mentioned, was interefted in the faid picmifes in the
^aid writing or policy of aflu ranee mentioned, to a large value, vis,
to the value of all tne monies by him ever infured thereon ; and
that the faid infurance fi> made as aforefaid, was fo made for and
on account, and for the ufe and benefit of ^e iaid J. C. to wit,
it, &c. And the (aid J. C. and J. M. farther %, that after-
wards, to wit, on the ^wenty-feventh of Auguft in the year afere*
faid, the faid (hip, with the faid goods and merch((Hdi%es fo hadenof
board her as aforefaid^ departed and fet fail from the Bay of Hon*
duras aforefaid, on her faid intended voyage towards Rotcerdam
aforefaid. And the (aid J. C- and J. M. further (ay, tfaa( after*
Wards, and before the faid J* C. became a bai^crupc, and befiara>
the arrival of the faid (hip, and the faid goods and merchandtxei
fo loaden on board her as aforefaid, at Rotterdam afore£udt «■!
yohn Rohinfon then being majler of the faid Onp (a)y in a barra-
trous and Fraudulent manner, without die knowledge and againft
the will of the faid J. C. took and carried away the faid Ihip witi|
the faid goods and merchandizes fo on board hsr as aibreCu4 (h)^
and convened and difpofed thereof to his own ufe ; and die (aid J. C,
thereby loft and was deprived of the faid (hip, and the faid goods
and merchandizes fo on board her as aforefaii^ and the profiti
thereof \ of a}l, &c. ; aiid was then and there requefted by the fidd
J. C. to pay to him ninety- eight pounds, part of die faid one hun*
dred pounds fo aflUred as aforef:iid, the refidue thereof being to be
abated on account of the lofs thereof as aforefaid, and M^iich (aid
iiinety^ight pounds the faid G. J. ought to have p-iid to the (aid
J. G. before he became a bankrupt, &c. (2d Coimt differing
from the laft in particulars mentioned in the margin. 3d Count
inoney had a^^d received^; money 'paid; and breach to die whde )
(«) Infert h) fecord Count the rraf- A criminal fraud maft be prcrr^ ia
ten and mariners' Ip and on board die the maftei ^ "for if the goods are loft by
^tkd UA- Dieotiobed ihip. the if^ncrancc ot^pegUg^i^ce of the n^Acfi
tl»e underwriters are net liable, fiocc xim
{b) Add in £.con^ Qount. to olaces infurrd Are anfwerable for tlie oondy^ ^
nnlipQwh ^ faid J, C. ' ^ ^ ' their fcryanu.'
pf fiarit:cn on a (AFTER fettii^g o^it the policy, and mutual promises, and
polity of aiHjr- ^^^^ plaintiff had paid defendant a premium' of five guiaeas,
Ind'good* fwm defendant became alJurer for one hundred pounds, go on as M">
pu!)!in to Faro, )owb) ; And the faid plaintiff fiiys, that the' faid (hip, at the time
Aattrg that ti)d of making the faid po^y of aflurapcc, was in the port of Duh:«
Ihpbt.ng (hat. \^^ \j^ pg^rts bevortd the feas, to wit> on the fourth of 0£tober
tercel by tern- . . • * ^
peA^ the crew, f ;r the prc(crvatioii of tbeir livew, w^ere obliged to go into CadiZj, and were ti»c
(tiXtd upon by the king of ^yain^ and tUr (h p copfUcdCc<^
■■■■■•■■■■■•■ .- ,75.;,
Ok ships AMD GOODS. 419
1769^ at Dublin zfordkiiy and divers goods and merchandises to
the value of one thoufand pounds, was (hipped and laden on
board thefaid (hipt and remained and continued on board the (aid
fhip ; and that the faid (hip, with the faid goods and merchan-
dizes fo being on board her, afterwards to wit, on the fame day
and year la(l ^orefaid, according to the intention of thefaid writ-
ing of aiTurance, fet fail and departed from D. afbrefaid, in her
faid voyage towards F. aforefaid; arid that the faid (hip, with the
laid goods and merchandizes fo being on board her, failing and
proceeding on her faid voyage, afterwards, and before her arrival
at F. aforefaid, to wit, the thirtieth of October 1769, upon the
high feas near Cadiz, in the kingdom of Spain, was fo broken and
ihattered, and fuiFered fo much by florms and tempeft?, and the
violence and perils of the feas, that (he was thereby difahled and
rendered wholly incapable of performing, nor did the faid (hip
perform the reft of the faid voyage to F. aforefaid : and the faid
piaintiflTs fay, that the faid (hip being fo difabled as aforefaid, the
faid MR. her mailer and mariners belonging to and failmg ia
her, thereupon, afterwards, to wit, on the day and yearlaft aiore*
faid, for the prefervauon of their lives, were obliged to put into
Cadiz aforefaid ; and that the faid Aiip, with the faid goods and
merchandizes fo laden on board her as aforefaid, together with the
mafter and mariners belonging to the faid (hip, afterwards* to wit,
on, &c. at the r<iid port of Cadiz, by force of arms, and again(^
-the will of the faid M. R. the mafter and mariners then belonging
to and (ailing in the faid (hip, in a hodile manner, was feized*
taken, and detained in the faid port of CaJiz^ by divers (<>ldier«
and mariners belonging to a> (hip of war in the fervice of the king
of Spain i and the (aid goods and merchandizes were there con*
fifcated, and thereby became totally loft as to the faid plaintift ;
of all which premifes the faid C. afterwards, to wit, on the fir(l
of November 1769, at, &c. had notice ; and was then and there
requefted, by the faid plaintifls, to pay to them the fum of ninety*
eight pounds, parcel of the faid fum of one hundred pounds, de-
ducting the two pounds refidue of the faid one hundred pounds in
xefpedofthe lofs aforefaid ) which fdid ninery-cight pounds he
the faid Charles^ according to the form and effctft of the faid
writing or policy of aflurance, and of his promife, iic»
AND the faid Thomas in hA fays, that the (aid policy of DecbtBtlonoaa
a(rurance was made by and in the names of the faid Thomas and H^<-7 «f ^ur«
John, for and in tru(t for J. R. and M. R. to wit, at, &c. : and *'^*^ ^ ■ *»P*
the £iid Thomas in fad further fays, tnat the faid (hip, men- *k^^^J"| **•"
tioned in the^faid policy of a(rurance, before the time of the mak- Freachprivf
ing thefaid writing or policv of aifurauce, to wit, on the tenth of teer and tin*
ildober I747> was in good (afjty in Hamboro', in parts beyond ^on>«d, and af.
terwards tbe
Ihip f|inng a leak, and the ma/^er was obliged to put Into port to refit, and for want of mdney to
dcbvcrt pait of the goods iqTuitd t^ defray the expcnce, and the oilier part, by rcalon of the premife^f
were dcftioyed.
the
43* ASSUMPSIT GENERAL —POLICIES of ASSURANCL
the feas, to wit, at the Pells of Hambro' afbrdaid ; aad tfuu af-
ter wards, to wit, oh the ikmdf day and year laft afore&idf at H.
iUbreiaid) divers goods and nderchaliidbces of the faid J. R. totlie
value of fix hundred pounds, mt hting tprn^ aitd alio divers goodi
and merchandizes of the iaid M. R. to the value of other fix
hundred pounds not being corn, were loaden and put on board tbe
faid (hip to be carried in the faid ibip fi'om t^ambro' aibre^aid^ tb
M* Y. aforefftidi in her £iid voyage: and the iaid goods and
Inerchandizes remained and continued laden and on board the fiud
ihip from thence uotil the time of the lofs of the. £iid goods and
merchandizes hereafter mentioned : and the faid F* further hy%i
that the (aid ihip, with the (^id goods and merchandizes, were b
laden and remained on board the £ud (hip, from thence until die
time of the loft of the faid goods and merchandizes hereafter men-
tioned : and the faid F. further £ivs, that tbe fakl (hip, with the
faid goods aiid merchandizes fo laaen and remaining on board bery
afterwards, to wit, on the fourth of Odober 174^ new tiylt^ de-
parted and fet fail from Hambro' aforefaid, on nef (aid vofage to
Middle Yell aforefaid ; but before the arrival of^ the faid (hip, or
any part of the faid goods and merchandizes hereafter mentioned,
at Middle Yell aforefaid, the faid (hip, witfi the faid goods MA
merchandizes (b being on board her as aforefaid, failed and pro*
ceeded on her (aid voyage after her faid departure from li. afore-
laid \ and before her arrival at M.- Y. aforefaid, to wit, on, &c»
at, &Cr on the high feaSy was, with force and armi, and in a
boftile manner, taken and fcized as and for a prize by the then
enemies of our now lord the king and this his realm, ^na then being
. en board a privaUcTy that is to fay, by the fitbjeds of the French
king, then in open war with our faid lord the king and this his
realm $ and part of the faid goods and merchandizes of the faid
J. R. to wit, to the value of pounds; and al(b part of the
laid goods and merchandizes of the (aid M. R. to wit^ of the
value of pounds, were then and there, with force and
arms, feized, taken, and carried away by the faid enemies as and
for a prize ; and the faid (hip, with tbe reft of the £iid merchaj^-
dizcs remaining on board her, were, with fofce and arms, kept
and detained as and for a prize by the faid enemies, from thfioce
until the faid M. R. the faid mafter of the faid (hip, afterwards,
fo wit, on day of I {^47 tiew ftyle, on the high (eaSf
agreed with the (aid enemy, to wit, James Angel, then com^
mander of the (aid privateer, for the ranfem of the.(atd fiiip for a
large fum of money, to wit, for the fumof one hundred ana eighty
guineas of lawful money of Great Britain, and then and there de-
livered ta him a hoftage,.to wic,^0Jie Alexander Colvin, then a
failor of and belonging to^ and then on board the (aid (hip, for the
(ecuring the p^iyment thereof ; which faid A. was kept and de*
tained, confined and imprifoned on board the faid privateer, and
in the kingdom of France, by reafon thereof, for a long time,
to wit, from thence until the day of then next following^
when the faid ranfom money was paid ', and the owner of the (aid
On SHIPS AHo^^Odt)^. ^ 4jt
^tp called the Adventure was put to great charges for and aboiit
the maintenance and difcharge of the (aid A. from the faid con-
finement, and for and about his return home from thence. And
'the iatd T. L. further faith, that after the difcharge of the faid
ihip as aforeiaid» the (ame (hip, failing and proceeding in the faid
voyage, was, by force and violence of the wind and weather, and
by misfortune fprung a leak, and was greatly damaged^ and
wanted neceflkry repairs and amendments,' without which the
faid (hip could not faft:ly proceed on and finifli her (aid voyage i
and the faid refidue of the faid goods and merchandizes (b remain*
ing on board her as aforefaid, were thereby greatly damaged ', by
rea(bn whereof the ditd (hip was obliged to put into a bay on the
coaft of Norway, called 8. in order to take care of her faid cargoy
and to get the (aid (hip repaired; and the faid mafter .took care of
tike faid cargo, and procured the faid Qup to be repaired ; for ther
pAjrment of the charges whereof, the (aid M. R. the faid mafter^
not having money on bpard, was obliged to deliver, and did there,
-deliver, other parts of the faid goods and merchandizes in fatisfac-
tion of the (aid charges ; and, at the end of the (aid voyage, the
reft of the (aid goods and merchandizes, for the caufes aforefaid^
became and were of very little value ; of which the faid defendant
afterwards, to wit, on the (irft of June 1 748, at, &c. had notice,
and was then and there requefted by the (aid plaintiffs to pay to
them one hundred and feventeen pounds twelve (hillings, parcel of
the faid one hundred and twenty pounds aflured by the fiiid F* as
afore&id;. pounds^ the refidue of the (aid fum of one
hundred and twenty pounds; being to be abated* to the £ud F. in
re(pe£t of the (aid lofs, &c. (Another Count alledging a total
Jofs.) R. DSLAf&VU
LONDON, to wit. Plaintifi^ complains of defendant, being, Dedaratidn up-
&c. for that whereas one T. C. by the name and defcription of on aninfuranc«
T. C« &c. on the twenty-^fourth of January 1770, at London of money lent
afbre(aid, to wit, in the parifh of St. Mary le Bow in the ward of <>" re^Mndeniu
Cheap, by his certain writing obligatory then and there made, ^*J^*^ *^
and fealed with the feal of the faid T. and which the faid plainti(f' S^rf tndie JT
now brings here into court, the date whereof is the fame day and which fliip
year afbre(aid, acknowledged himfelf to be held and (irmly bound ^ndered at fea
to the (aid plaintiff, by the name and defcription of J. W. of, &c. '^'"" ^^ **""'
in the fum or penalty of two thoufand pounds, of, &c, to be paid l^\y]^'f ^l' ^'
to the -find plainti(r, or his certain attorney, executors, admini- Burr. 1394. ^
ftrators, oraffiens, whenever he the faid T. (hould be thereto af-
terwards requeue^ with and under a certain condition thereto
fubfcribed, reciting that the (aid plaintiff had on the day of the
date of the faid writing obligatory lent unto the faid Thomas the
fum of one.thou(and pounds upon the merchandizes and effeAs
laden and to be laden on board the good (hip or veffel called the
of the burthen of tons, or thereabouts, in the
river Thames, whereof the (aid Thomas was commander ', there-
fore
41* ASStJxMPSit GENERAL^POLiaES or ASSURANCE.
fore the condition of that obligation' was fjch, that if the (aid (hiff
and vcflel did and fhould, with all convenient fpeed, proceed and
(ail from and out of the faid river Thames, upon a voyage to any
ports or places, to the Eaft Indies* or elfewhere beyond the Cape
of Good Hope, and from thence did and (hould fail and retuni
into the laid river of Thames at or before the end or expiration of
thirty-(ix calendar months, to be accounted as aforefaid from the
day of the date of the faid writing obligatory, and that without
deviat'on (the dangers and cafualties of thefeas only excepted,);
and if the faid Thomas, his heirs, executors, and suiminiftrators,
did and fliould, within thirty days next after the faid fhip or vefiel
ibould arrive in the faid river of Thames from the faid voyage, or
at the end and expiration of the faid thirty* fix calendar months, to
be accounted as aforefaid, which of the faid times (hould firft and
next happen, well and truly pay» or caufe to be paid unto the laid
plaintiff, his executors, adminiftrators, and affigns, the fum of
one thoufand two hundred pounds of lawful money of Great Bri-
tain, together vt^ith ten pounds of like lawful money by the calen*
dar month, and fo proportionately for a greater or lefler dme thaa
a calendar month, for idl fuoh time and fo many calendar mobtfas
as {hould be elapfed and run out of the faid thirty-fix calendar
months over and above twenty calendar months, to be accounted
from ihe day of the date of the faid writing obligatory ; or if in the
faid voyage, or within the faid thirty-fix calendar months, to be
accounted as aforefaid, an utter lofs of the faid (hip or vellel, by
fire, enemies, men of war, or any other cafualties, Ihoald una-
voidably huppen, and the faidT. his heirs, executors, adminiftrators,
and affigns, did and (hould, within fix calendar months next after
fuch lofs, pay and fatisfy tothe plaintilF, his executors, adminiftratoni
and ailigns, a juft and proportionable average on all the goods and
efFeds of the faid Thomas carried from England on board the faid
Ihip or vefTel, and on ail other goods and eflFt64S of the faid Tbo*
mas which he (hould acquire during the faid voyage, and which
(faou)d be unavoidably lott, then the faid obligation to be void and
of no effcA, or eifc to itaiid in full force and virtue, as by the
faid writing'obligatory, and the condition thereof thereunder writ-
t^n, reference being thereunto had, appears: and the faid plain-
tiff avers, that the faid plaintiff, at the making of the Qiid writing
obli»tory, to wit, on the twenty-fourth of January 1776, at, &c.
did lend to the faid J. C. the fum of one thouland pounds, at
refpondentia upon the merchandizes and effe£b then laden or to
be bdtn on boafd the faid (hip, and upon the terms, ftipulaooni,
and«grtements in the faid condition fpecified: and die faid plain*
tiff further fays, that after the making of the faid writing c^liga*
tory and condition thereof, and afier the lending of the (aid one
thouiand pounds as aforefaid, to wit, on the twenty* fixtb of
January 1776, at, &c. he the faid plaintiff, according to thecuf-
torn of merchants from time immemorial ufed and approved of)
eaufed to be made a certain writing or policy of affurance, pur-
poftiag thereby, and containing therein, that the (aid plaintiff, tf
well
Ofi SHIPS AKD GOODS. 43|
Well in bis own name as for and in the name and names of all and
rvery other |)erfon or perfons to whom the fame did, might, or V
fliould appertain, in part or in all, did make afliirslnce, and caufe
himfelf and them^ and every of them, to be infurcd, loft or not
left, at and from London to all or any ports or placci whatfoever
in the Eaft Indies, China, Perfia, or elfewhere beyond the Cape
of Good Hope, forward and backward, during her ftay at each
port or place, Until her fafc arrival back at London, upon any
kind cf goods and merchandizes wHatfoever loadcnor to beloaden
oh board the faid good fhip or vcflel called the A, B. whereof was
maftcr under God for that voya!|;e Captain J. Compton, or who-
ever elfe fliould go for mafter in the faid (hip or vellel, as the
mafler tiiereof (hould be named oir called -, beginning the adventdre
upon the faid goods and merchandizes from and immediately fol-
lowing the adventure thereof on board the faid fhipj arid fo mould
continue and endure until the faid (hip, with the faid goods and
merchandizes whatfoever, fliould be arrived at all or any ports or
places whatfoever as therein above mentioned, and back at Lon*
don, and the fame fliould be there fafely landed; and it fliould be,
lawful for the faid fliip in that voyage to flop and ftay at^ any port
or place whatfoever, without being deemed any deviatiofn, ani
without prejudice to that infurance ; and the faid goods and mer*
cbandizes, by agreement, were and fliould be upon money lent at
refpondcntia ^ and in cafe of total lofs, a bond or bonds for the fame
fliould be deemed fufficient proof of intereft to recover thfltt in-
furance touchihf^ the axlventure, &c. (in the ufual form) Ht and
after the rate of fevcn pounds per cent. ; and by the faid writing .
or policy of ail'urance, t:orn, &c. as by the faid writing ot policy
of aflTurance, relation being tl>efeUnto had^ more fully appears; of
which faid writing or policy of aflu ranee the faid defendant afterwards^
to wit, on the fame day and year aforelaid, at, &c. had notice: and
thereupon afterwards, to vrit, on the fame day and year aforefaid^
at, &c. afjrefaid, in confideration that the faid plaintiff, at the fpe-
cial inftance and requeft of the faid defendant, had paid to the faid
defendant the futh of fourteen pounds of, &c. as a premium and re-
ward for the fum of two hundred pounds of and upon the premifes
mention' d in the faid writing or policy of aflurance. and. had un«
der:aken,^nd then and there faithfully promifed the laid defendant,
to perform all things contained in the faid writing or policy of
aflfurance on the part and behalf of the iaid plaintiff^as the afTured^
to be done and performed by the faid plaintiff, he the faid defend-
ant undertook, and then and there faithfully promifed the faid
plaintiff, that he the faid defendant would become an affurer to the
laid plaintiff for the faid fum of ;wo hundred pounds of and upon
the premifes mentioned in the faid writing or policy of aflurance^
and that he would perform and fulfil all things in the faid writing
or policy of affurance on his part and behalf, as fuch affurer, for
the faid fum of two hundred pounds to be performed and fulfilled,
alccording to the tenor and effect of the faid writing or policy ol
a/Turance, and then- and there fubfcribed the faid writing or policy
Vol. L F f of
434 ASSUMPSIT GBNERAL.-^FOLICIES of ASSIJR AN^Cfi-
of ajftunuice, as fuch afiurer foi^ the faid fum of two hundred
pounds; And the Taid plaiiitlflF further fays, that the (aid (hip
called the A. B. dn the faid condition of the (aid writing obliga-
tory mentioned, and the faid fiiip called the A. B. in the (aid
writing or policy of a(rurande menHoned, wefe one and the (ame
(hipi and not dlFerent fliips ; and that the voyage in (he conditioa
in the faid writing obligatory mentioned, and the voyage in, &c.
are one and the fame voyage, and not different voyages j and that
the merchandize and effefts in the faid condition or writing-obliga-
tbry mentioned, itid the goods and mefchandile, &c. are the fame
goods, wares, merchandizes, and effef^s ; add that the faid fum of
one thoufand pounds in the faid writing obligatory mentiooed was
and is the money infurcd and intended to be infured in and by the
faid writing or policy of aflurance, and not ocHer or different mo-
ney, to wit, at, &c* And the faid plaintiff further (ays, that tfao
faid (hip, with all convenient fpeed^ after the making of the laid
writing obligatory, did on her faid voyage proceed and fail frooi
and out of the faid river Thames to a tertairi place called
in the Baft Indies, in the faid condition of the Jaid Writing obliga*
tory named, without deviatibfi, and afterwards in the faid voyagei
to wit, on, &c. did arrive in fafety at the faid place called
in the £a(l Indies aforefaid ; and that the fsfid T. C4 afterwards,
to wit, on the fame day and year laft aforefaid, did load and caufe
tb be loaden on board the faid fhip at the (aid place called^ &c. id
the £a(l Indies, divers merchandizes and eflecls to be brought
from thence by the faid (hip in the (aid voyage back to the river
'I'hames aforefaid, and to London aforefaid ; and that the faid fbip
afterwards, to wit, on, &c. did (ail, proceed, and return with
the faid merchandizes and effeds fo loaden on board the (aid (hip,
without deviation in the faid vovage from the faid place called
in the Eaft Indies, and towards the Hver Thames and
London aforefaid ; ^nd that aftet wards, and within the faid thirty-
fix calendar months, to be accouilted ftotti the day of the date of
the faid writing obligatory, and whilft the faid (hip, with the fatd
/herchandizes and eftedls fo loaden on board the (aid (hip as afore-^
taiJ, was lulling and returning in her faid voyage upon the high
feas from in the £a(l Indies Aforefaid, back to the afore«
faid river of Tliamcs and London aforefaid, to wit, on the twenty^^
fifth day of April 1771, the faid (hip, goods, wares, 'and mer-
chandize, by and through the force of certain hurricanes of winds^
ttormy and te.npcltuous weather, and by and through the men
j5erils and dangers of the (ea, were on the high feas unavoidably
wrecked, fun^c, and lot): i of all which laid premifes the £ud dt^
firndant afterwards, to wit, on, &c. at, &c. had notice ^ and
was then and there requcfted by him the faid plaintiff to pay to
him the faid (um of two hundred pounds fo by him a(rured as afore-
faid, and which faid fum of two hundred pounds the faid defendant
(hen and there ought to have paid to the faid plaintiff*, according
to the form and effefit of the faid writing and policy of aflurance,-
and of his faid promile and undertaking 16 by brai made as afore-
faid
Oh Ships anp qoodS. 4ii
bid in that behalf, &c. (Breach j money had and received; and
>reach.)
*
LONDON, t6 wit; J. Li artd D. F* H* tonplaln of* R. H* Declaration ©« a
>eing, &C. for that i*hcrcas, on tb6 twcnty-third of AprU 1^24, J^j^^^*/\'"
It London aibreCiid, to wit, in the partfh, &c. one H, C. as agent jj"*^* e„t, * ^
>f, arid to and iot the ufe and benefit of the faid J. and D. caufed f^jr^^ count,
to be made a Certain writing or policy of affurancc, purpprting Lofs by barratry
thereby, and containing therein, that the faid H. C. as well in his of the maiUr
3wn name as for and in the name and names of all and every (fo-*^ generally.
Ucy of affurance in the ufualform^ Ceitato Guitnfiy^) one thoufand
pounds on (hip, aild five hundred pounds on freight, as By thie faid
writing or policy of aflUranbe, relation being thereto had, may more
fully appear ; pt which faid writing or policy of aflurance fo made
or written asaforefaid, the faid R. H. afterwards, to wit, on,.&c.
at, &c. had notice \ and thereupon afterwards, to wit, on the iamci
day and year laft aforefaid, at, j(c* fh confideration that the faid
plaintifl^s, at the fpecial inftan^ and requeft of the faid defendant^
had paid to the faid defendant the fum of pounds of, &c. a9
a premium or reward for the afiurance of l^ounds of and upon
the premifes aforefaid contained in the faid Writing or policy of af-
raiice as to the faid (hip and freight, each valued as Aforefaid, and
had undertaken, and then and there faithfully promifed the faid
|>IaintifFs to do, perform, and fulfil every thing in the faid writing
or policy of afiurance contained on their parts and behalf toi Be
done, performed and fulfilled, as fuch aflured, as to the faid (hi{$
and freight, he the faid defendant undertook, and to the (aid plain-
tiff then and there faithfully promifed, that he the faid defendant
would become an afiurer to the faid plaintiff for the faid fum diont
hiindred and fifty poundt» of, &c. upon the premifds aS aforefaid^
and tKat He would do, perform, and fijlfil every thing in the faid
writing or policy of aflurance contained on his part and behalf to
be done, perfc^rmed, and fulfilled, as fuch afTiirer, as to the faid one
hundred and fifty pounds of and upon the faid pretriifes, to wit, at,
&C. : and die faid plaintiffs in h£k fay, that the faid policy of af^
furance, fo made in the name of him the laid H. C. was 10 made
in his name to and for the ufe, benefit^ riik, and account of them the
faid plaintiffs, and that they the faid plaintiffs, at the time of making
the &id writing or policy of afiurance, and from thence Continually
until and at die time of the lofs hereinafter liext mentioned, were in<«
terefted in the faid premifes^ in the faid wrinng or policy of aifurance
ffienrioned, to a great amount^ to wit) to the amount of all and every
the fiim and fums of money by the (aid plaintiffs ever infured of
caufed to be infured. Ana the faid plaintiffs in hSk fay, that be*
fore and at the time of the making of the faid writing or policy of
aflurance, towit^ on the faid twenty-third of April 1^84, the faid
fliip or ve(rel, in the (aid writing or policy of aifurance mentioned,
was in fafety at the port of Cetta in the faid writing or policy of
aflurance mentiontd> and that divers goods and merchandizes of
F f 9t grtat
436 ASSUMPSIT dENfiRAt.-^POLlCIES or ASSURAffCg.
great value, to wit, of the value of Forty thoufand pounds, were
loaden and put on board the faid fliip, to be carried in the faid ihip
from Cetta aforciaid to Gucrnfey atbrefaid, in the faid writing or
policy of aflTurance meiltioncd, and that the (kid goods and mer*
chandizes remained and continued on board the (aid (bip from
thence until the time of the lofs hereinafter next mentioned, Ani
the faid plaintiiFs further fay, that the faid ihiporrefltd^ in the laid
H^riting pr policy of afluranee mentioned, afterwards, to wit, on
the fecond of May 1784., with the faideoods and merchandises in
and on board her as a^brefaid, departed and fet £iil from the (aid
port of Cetta aforcfaid, upon the (aid mtended voyage to Gucrnfey
af jrefaid, in the faid writing or policy of afTurance mentioned x ;
and that afterwards, and before the arrival of the faidfluf^orveirdf
with the faid goods and merchaiklizes fo on board her as aforelaid,
at Guernfey aforefaid, to wit, on the ninth of June 1784, the (aid
£. A. being then fuch mafter and commander of the faid (hip or
ve(rel, and on board the faid (hip or vefTel, and the (aid goods and
merchandizes fo on board h^r as afotefaid, by and through the fraud
and barratry of the faid £. A. the faid mafter of the faid (hip or
vefTel, became and >^ere wholly loft to the (aid plaintiiFs, and the
faid plaintiffs thereby loft all benefit and profit arifing firoiii the
fame, and the whole freight (b infured as aforefaid, to wit, at, &ۥ
in the parifb, &c. ; of all which piiemi(es the faid defendant after*
wards, and before the exhibiting of the faid bifK to wit, on the
iirft of January 1785, at, &c. had notice; and by r6afon thereof
the faid defendant became liable to pay, and ought to have paid tor
the faid plaintiffs, the faid fimi of one hundred and fifty pounds fo
afTured by him as aforefaid of and upon the premiies in the (aid
writing or policy of afTurance mentioned, accoroUngto the form
and ef(e£l thert^of, and of his (aid promife and undertaking fa by
him made as aforefaid, in the pari(h and ward sifbrefaid. (becond
- d c rtt ^^"^ f^"^^ ^^ ^^^ down to X.) And the (aid plaintiffs further
Tiiauhc maiter ^'^7* ^^^ ^ ^^^^ ^' ^' heing fuch matter andco;nmander of the
ef the ihip put f^id laft mentioned fbip or vefTel and on board the fame, and be-
fomc fmoggled fore the arrival of the faid laft mentioned (hip or ve(rtl at Guernfey
brandyonboari, aforefaid, the faid E. A. did proceed and fail with the (aid laft men^
Whereby the xxoti^A (hip or vclfel, and the faid goods an(^ merchandises laft men-
leitcdraind was tioned being in and on board the fame, to" arid intotheport of Fiy-^
afterwards fciz- mouth in the County of Devon in this kingdom, without the wiil,
♦d and con. knowledge, or conii?nt of tl>e faid piaintifTs. And the P^id plaintilfi
<emiicd. further fay, that whiUl the faid laft-mcntioned (hip or veiiel, with
the faid laft-mentioned goods and merchandizes oh board her as
hft aforefaid, remained and continued in the port of Plymouth
aforefaid, to wit, m\ the ninth of June 1784, and on divers other
times between that time and the time of the leizure and condenma-
tion of the faid ihip or vefTcl hereinafter mentioned, he the Uid
• E. A. in a barratrous andjraudulent manner y ftnd contrary to thi
form ofthefiatute in that cafe mode and provided^ and without the
knowledge, privity, and confcnt, and againft the will of the (aid
plainiiiTs or either of them^ did ufiibip uom and on board the (ai<i
\ - \ £hip
' « «■■ :a
Oh ships and GOODS. 437
or vefiel, to b« laid on land in the faid port of Plymouth afore-
<aid> divers large quantities of brandy and coffee of and belongiiig
to him the faid £• A. and being in and on board the faid Ihip or
yeflel laft mentioned, on the account and adventure of himfelf the
fiud £• A. and not the property of, or on account or adventure of
the (aid plaintifFs, brought and imported from parts beyond the
ieas into Great Britain in the faid (hip or vefl'el laft mentioned, the
cuftoms, fubfidtes,' and other duties due and payable to our fove-
reign lord the now king, not being firft paid or lawfully tendered to
the colledors of the (aid cuftoms at Plymouth aforefaid, or to any
other perfon whatlbever there or elfewhere lawfully entitled to re**
x:elve the fame, or to the faid colle(Stor's deputy with the confent or
agreement of the faid comptroller or furveyor there, or one of them
at leaft, nor agreed widi him for the fame at the cuftom-houfe, ac*
cording to the form of the ftatute in fuch cafe made and provided ;
whereby, and according to the form of the faid ftatute, the. faid
laft-mendoned ihip became and vf^is forfeited to our lord the king
for the caufe laft aforefaid ; and thereupon the faid laft-mentioncd
ihip or vefiel was feized and arrefted on the behalf and account^
and to and for the ufe of our faid lord the kin^, and afterwards, to
ivit, on the twenty-eighth of November 1784, was in due form
of law condemned as forfeited, according to the form of the ftatute
in fuch cafe made and provided ; and by reafon of the premifcs laft
-afbrefaid, die laft mentioned fhip or veflTel, by and through the
laid fraud and barratry of the faid mafter, became and was wholly
. loft to the faid plaintiff, and the faid plaintifFs thereby loft all be-^
nefit and profit arifmg from the fame, and the whole freight fo in-
fured as aforefaid, to wit, at, &c. whereof, &c. and by reafon,
^c« (Money had and received ; an account ftated> breach.)
LONDON, to wit. For that whereas the faid John, on, &c. Declaration 00 4
^ti &c. according to the ufage and cuftom of merchants from time policy of aflur-
Immemorial ufed and approved of v/ithin this kingdom, hadcaufed ^^^^ on a ihip
to be written and made a certain writing of aflurance, commonly 21?^/°^*'^^
called ^, policy of affurance, purporiing thefeby, and containing 3^^ was toft,
thereiii, that the faid plaintiff, as well in his own name as for and
in the name and names of all and every other perfon and perfons
to whom the iame did, might, or fhould appertain in part or in all,
did make aifurance, and caufe him and them, and every of them,
to be infurcd, loft or not loft, at and from D. to P. upon any kind
of goo^is and merchandit&es, and alio upon the body, tackle, appa-
rel, ordnance, munition, artillery, boat, and other furniture of
and in the good fliip or velTel called the Two Brothers, whereof
was mafter under God for that prefect voyage W. M. or whofo-
ever elfe ftiou}dgo for the mafter in the faid fhip, or by whatfoever
other name or names the fame (hip, or the mafler thereof, was or
ihould be named or palled, &c. &c. (let out the policy being an
iilurance from Dover to Philadelphia upon the fhip TwoBrothers,
\X a ceriainpr^um, &c. &c.) as by the (aid writing or policy of
y { 2 J aflurance.
43? • ASSUMPSIT GENERAL.— POLICIES o? ASSURANCE.
aflfurance, reference being thereto had, may more fully and atlar^
appeal;; of which (aid writing or policy of aflurance he the Citd
William afterwards, to wit, on, &c. at, &c. had notice; and thereupon
afterwards, to wit, on, &c. at, &c. in confideration that the fai4
Thomas^ at the fpeclal inftance and requeft of the (aid William,
had then and there paijl to hini the fald Williani the ium of four
{guineas, that i( to fay, the fum of fbur pounds four' jbillings of
awful money of Great Britain, a$ a premium or reward for the
aiTurance of two hundred pounds of like lawful money on the fakt
ihip and goods mentioned i|i the faid writing or policy of a(riirance^
at\d had tnen at)d there yndef taken and faithfully promifed the faid
William to perform and fulfil every thmg in tnc faid writing or
{k>Iicy of a(ru ranee contained on the part and behalf of the a/lured
to be performed and fulfilled, he the faid Wiiiiam undertook, oik}
then and there faithfully promifed the faid Thomas that he the ki^^
William would become an afTurer to him the (aid T-homas of the
faid fum of two hundred pounds upon the (hip and goods afbre(aid,
and woi^ld perform and fulfil all things in the faid writing or policy
of aiTurani^e contained on his paft and' behalf, as fuch afTurer, to
be performed and fulfilled ; and the faid William then and there'
became an aiTurer to the faid Thomas, 'and then and t'leir'e fub-
fcribed the faid writing or policy of aiTurancd as fuch atTurer of the
faid fum of two hundred pounds as afbrefai4. And the faid Tho-
mas further (aith, that ^efoite the maikiiTg of the faid writing or
policy of aflurance, to wit, qn, Sec. divers goods and mefchais-
dizes of a large value were laden on faibard the faid (hip or veiiel
called, &c in the faid writij^g or policy of alTurance nientioned, iii
the port of p. aforeikid, to wit, at, ^c. in. Sit. x \' and diat af
the time of the maki^ifg of the (aid writing br policy of afTurancd,
and from thence and until and at the time of the lofs of the faid
ihip or goods hereinafter mentioned, he the faid Thomas was in*
tereiled in the faid ihip or veffel, and in the faid goods and mer-
chandizes, fo laden on board of the faid Il^ip or vefTcl as afbrefaid,
to a larse value, to wit, to the Amount of all' the mohey by him
^vcr inmred and caiifed to be infured thereon, to wit, at. Sic, in,
$cc. And the faid Thomas further faith, that the faid (hip or vef-
fel called, £cc. with the faid gbods and nierchahdizes fo laden on
board thereof, after wa^d^, to wii, on, &p. departed aV.d fet fail
frqin the portof D. aforefaid in her (kid "intended voyagd' towards
and for Philadelphia in the faid writing or polic]|^*ofauuranc« men-
t\oxitd ; but that the faid (hip or ve{lcl did not arrive in fafety at
P. aforefaid, r^or jRniih her faid voyage ; biit that the &ne ihipv
and the faid goods and merchandizes fo laden on board hereof is
^forefiid, af^erwards> to wit, on, *&c.- whilft failing and proceed-
ing in his faid voyage towards a^* for Philadelphia afordaU, and
before her an ival'at P. aforefaid, upon th^ high feas> ^y the dan-'
ger of the feas, and the force and violence of ilorms and tempefh
ihcrc^ was in her faid voyage foundered, beat and broken to pieces,
funk, and totally loft in the fca; of all which faid premtfes afier-
W^St) \<i wit) op) ^c. at^ &c. had notice, and wa$ then and
On ships and GOODS. 4Jf
»
there requefted hj the faid Thomas to pay him .the faid Aim fa
aiTured as aforefaid, and which he the faid William then and there
ou^ht to have paid to the faid Thomas, according to the form anil
^Sc& of the uid writing or policy of afl^rance, and of the faid
promife and undertaking fo by him made in form aforefaid : ytt
the (aid William, not regarding his faid promife and undertakmg
{o by him made in manner and form aforeiaid, but contriving, &c.
the (aid Thomas in this behalf, hath nQt paid the (aid fum of two
hundred pounds fo aflured as aforefaid, or any part thereof, to the
faid Thomas, but he to do this hath hitherto wholly refufed, and
ftiil refufes fo to do. And whereas^he faid Thomas, on, &c. at, second Coun^
&c. according to the ufage, &c. had caufed to be written, &c. &c. ^^^ ^IST"^
(Go on verbatim as in the firft Count, reciting the policy, till ^^^^ ^^ jAfu*
you come to this mark X, then proceed as follows :) And the faid reds fevemUy
Xhomas avers, that the faid afiurance fo niade by the fai4 Thomas and refpcaWe-
as laft aforefaid, was nude by him in truft for the ufe and benefit *^
of A. B. C. D. and E, F, feverally and refpedcively, as to their
feveral and refpe«Slive interefts in the faid (hipf and goods fo airure4
as laft aforefaid ; and that at the time of the making of the faid laft-
mentioned writing or policy of aflTu^'ance, and from thence, unti},^
and at the time of the Ipfsof the faid laft-mentioned fliip and veifel^
and goods hereinafter mentioned, they the faid A. B. C. U. an4
£• F. were feverally and refpedtively interefted in the faid laft«
mentioned fl^ip or veflel, and in the (aid laft-mentioned goods and
merchandizes fo laden on board of the faid laft-mentioncd fl^tp or
veftel as aforefaid, to a large amount, to wit, to the amount of alt
the money by him the faid Thomas, or by the faid A. B, C. D«
and £• F. or any of them, ever infured or caufed to be infured on
their refpetSlive interefts in the faid laft-nientioned ihip or veilel
aqd goods, to wit, at, &c. And the faid Thomas in fa<Sl further
fays, that the faid laft-mentioned ft)ip or vefTel called, &c. with die
faid laft-mentioned goods and merchandizes fo laden on beard
thereof as aforefaid, afterwards, to wit, on, &c. at, &c, fet fail^
&C. &C. (Finiih as in firft Count to the end. Add the mone^
PpuntSj infimulcomputiffet} and common breach.)
G. Woon.
LONDQN, %o wit. For thsit whereas the faid plaintiffs on, Declaraticm^n^
^c. accor4uig to the ufrge and cijftom of merchants from time P®**^^ ^^ *^!^"
iq[imemorial there ufed and approved of, caufed to be made a cer- ^V'^^^^ T^
', . . ^ • ,. r rr ' i_ 1 1 and goods mad^
tain writing or policy of aiiurance, purportmg thereby, and con- with the defend.
t^\ning therein, that the fai^i plaintiffs, as well in their own names ant by an agcnc
a^ for and I", ^be name or names of all and every other perfon or f«* ^'^^rs peo-
perfons to whom the lime might or did ^ppgrtaj^ in part or in all, P^* » ^^ ^'f
did make affurAnce, an^ caufe ^l^em ^d every of them to be infur- ^,^cnciny. ^
ed, loft or not loft, at 2^n(4 i^om ^1. to N. warranted to fail on or
before the fifth day of May X7SO5 upon any kind of goods, &c. &c.
({it out the policy,) as by the faid policy, reference being there-
to had* loay inore fully a{>pear; of which ipiid writing or policy
440 ASSUMPSIT GENERAL.-POLICIES of ASSURANCE,
of afllirance he the faid George afterwards, to wit, on, &c. at|
&c. had notice ; and thereupon afterwards to wit, on, 9cc. in
coniideration that the faid plaintiffs, at the fpecial inilance and re-
qucft of the faid George, had then and there paid the faid George
z large fum of money^ to wit, the fum of two pounds nine (hiUings
of lawful money of Oreat Britain, as a premium or reward for the
aflurance of a large fum of money, to wit, the fum of one hun*
dred and twelve pounds of like lawful money, of and upon the
prcmifes in the faid writing or policy of ^fTurance contained, and
had undertaken, and then and there faithfully promifed the £iid
George to perform and ftilfil all things in the t'uid writing or poli-
cy of afTurance contained on the part and behalf of the auured to
be done and performed, be the faid George undertook, and then
and there fiuthfully promifed the (kid plaintiffs that he the fetd
Qeorge would become an aflurer to the faid plaintiff's, to wit, for
the faid fum of one hundred and twelve pounds, of and upon the
premifes mentioned in the faid writing or policy of affurancey and
that he would perform and fulfil all things in thcr faid writing or
policy of aflurance contained on his part and behalf, as fjch aflu-
rer, as to the (aid one hundred and twel\repounds, to be performed
and fulfilled, according to the form and efFe<5iof the faid writing
or policy of afTurance ; and the faid George then and there fub*
fcribed the faid writing or policy cf afTurance, to wit, for the taid
fum of on£ hundred and twelve pounds, accordingly, that is to
fay, at, &c. in, &c. And the f^id pIaintifF» do aver, that tbefai4
Ihip or vefTel, in the faid writing or policy of afTurance mentioned,
at the time of the (ailing thereof hereinafter mentioned, and from
thence, until and at the time of the lofs thereof heiein alfo afrer
mentioned, was a Dutch vefTel, to wit, at,&c. ^ And the' faid
plaintiffs do aver, that the faid writing or policvof afTurance fo by
them the faid plaintiffs made as aforefaid, was fo made in truft for,
and for the ufe, rifk, benefit, behalf and account of Mr. Vil-
main, and of certain perfons Who carried on trade and comrnerce in
copartnerfhip in foreign parts under the fiyle and firm pf Gaudin
and CuifTard, an4 of certain other perfons carrying on trade ain^
commerce in foreign parts under the (lyle and firm of Scuret an^
Love) refpe£lively, according to their rcfpecftive proportions, a$
hereinafter next mentioned.. And the faid plaintiffs further fay, that
afterwards, to wit, on, &c. divers goods and merchandizes oftb^*
faid Mr. V. of grea^ value, to wit, of the value of two hundred and
twenty pounds^ of like lawful money, and divers other goods of
the faid G. and C. of great value, to wit, of the value of one
hundred and fifty pounds, of like lawful money, and divers other
goods and merchandizes of the; faid S. and L. of great value, tc(
wit, of the value of one hundred and fifty pounds,* of other like
[awful money, were put op board the faid (hip or vefTel, being a
Dutch vefTcl a$ aforeiaid, to be carrjed therein Vipon the voyage in
the faid writing or policy of afTurance mentioned, to wit, at, &c«r:
And the faid plaintiff's further fay, that the faid (hip, in the (aid
\vriting or policy of aiTursuice mentioned, to vvit> at, &c. departed
Oh ships ahd GOODS. 44i
pud fet iall from M. aibrefaid to, for, and towards N« in the faid
Meriting or policy of afiurance mentioned, with the faid goods and
merchandises on board thereof, but that the (aid (hip did never
arrive at N. aforefaid in that yoyage ; but, on the contrary thereof,
the faid (hip, failing and proceeding on her faid voyage, with the
faid goods and merchandises on boird thereof as aforefaid, afte^
h<rr departure from M. afbrefaid, and before her arrival at N,
aforefaid, to wit, on, &c. was, in and upon the high feas, with *
force and arms, and in a hoftile manner, attacked, conquered,
taken, and carried away by certain perfons to the faid plaintiffs
unknown \ and the faid (hip, and goods and merchandizes on
^x>ard thereof as aforefaid, were thereby whollvloft to the proprie-
tors thereof, to wit, at, &c. ; of all whicn premifes the faid
George afterwards, to wit, on, &c. at, &c. had notice ; and by
reafon of the premifes the faid George then and there became
liable to pay, and ought to have paid to the (aid plaintiflFs, a large
fum of monev, to wit, the fum of one hundred and twelve pounds,
fo by him inAired as aforefajd, according to thefbrm and tSeSt of
the (aid writing or policy of a(rurance, and his (aid promife and
undertaking 6> by him made in thjit behalf as aforefaid, to wit,
at, &c. on, &c. And whereas, {He. &c. like the (ir(l, to the
mark x , then proceed thus :) And the faid plaintiflFs further fay, *^ ^**"*«
(hat afterwards, to wit, on, &c. divers goods and merchandizes
of great value, to wtt, of the value of nve hundred and twenty
pounds, of like lawful money, were loaden on board the faid (hip,
to be carried in the faid (hip on that voyage in the faid hA men<»
tioned writing or policy of aiTurance mentioned, and remained on
^ard thereof until the time of the lofs thereof hereinafter men-
tioned ', and that the faid laft-mentioned writing or poficy of a(ru-
rance, fo made as laft afore£iid, was made for the ufe, benefit,
j-iOc, and account of the owners of fuch goods and merchandizes
]:i& mentioned, to wit, at, &c» (then go on from this mark ir: to
the end of the Count* Add the money Counts, and common con*
plufion.) G. Wood.
For that it docs not appear in gnd by the faid ift Count of the ^^^^^^ ^^ ^^
feid declaration, that the faid wriiing or policy of afTurancc, in munrr tp tbc
the faid ift Count of the faid declaration mentioned, was made in laft dcchution,
|ruft fer, and for the ufe, rifl^, benefit, behalf, and account of
Mn V. and of certain perfons yvho carried on trade and commerce
in copartner(hip in foreign parts under the ftylc and firm of G, ^aq ^^^^tHH
and C. and of certain othef perfons carrying on trade and com- ^ ^ •
mcrce in forejgn parts under the ftyle an^ firm of S. and TL. re-
fpedively, according to their refpedive proportions in the faid
ift Count mentioned : and U>x that it doe$ not appear in or by the
faid ift Count of the faid declaration, that the faid plaintiffs have
any right of aflion whatfoever in that ^'eipcit, in their own right,
again(t the faid George, or that they or either of them have fuf-
tatned any damage or injury by the faid capture and lofs thereix^ '
pcntioncd : and for that th^re arc diver^ blanks and void fpaces
444 ASSUMPSIT GENERAL.— POLICIES of ASSURANCE,
in the bid ift Count of the faid declaration which render tbefcnfe
thereof wholly vague, obfcure, and uncertain : and for thait the
faid I (I Count is in other refpe^s uncertain, infufficient, auid in*
formal, &c. And as to the 2d Count of the declaration, the £ud
George faith, that the faid 2d Count, and the matters therein coo-
tained, &c« &c. (Caufes.) For that it does not appear in or by
the faid 2d Cpunt of the f^id declaration, that the faid plaintiffs bad
any intereft in the f^id writing or policy of aHTurance in the iaid
^d Coqnt mentioned, pr in the goods and merchandizes thereby
afliired i but it thereby appears, that the faid lad mentioned wrtting
or policy of aflurance w^ made for the ufe, benefit, rifk, and ac-
count of the owners of fuch goods and merchandizes in the EM
2d Count mentioned ; and for that the particular names of the bid
owners of the fa d \^(k mentioned goods and merchandizes, or any
or either of them, are not nor is mentioned, expreiTed, fpecined,
or declared in or by the faid 2d Count of the (s^id declaration: and
for that it doth not appear in or by the faid 2d Count of the iatd
declaration, that they the faid plaintiffs were the owners thereof;
and for that it doth not apppear in or by the faid 2d Count of the
(aid declaration, that they the faid plaintifFs have any fight of ac-
tion whatfoevef in (hat ^efpe£i, in their pwn right, againfl tb«
faid George, or that they or either of them hav9 fuftained any
^daipage or injury by the ikid capture anj lofs in the faid 2d
Count mentioned \ and for that there are fivers bla(\ks and void
Ipace^ in the &id ^c] Count of ^he f^id declaration which ren-
der the fenfe thereof wholly vs^ue, un'cert:^inandpbfc^re ; and for
^t the fiiid ^d Count of the faid declaration is in m^ny other
refpe£ts uncertain, infufHcient, and informal. Anq a$ totbe laft
pount of the faid declaration, the faid George (aieh, that he did
not undertake or promife in manner and form as the faid plwitifi^
have above in that behalf complained againft him i and of this he
puts himfelf upon ^e country^ ^9.
' ' C. RutiN^NGTCK,
«
pcdantion en 4 LONDQN, tow it, Abra^ham Le Mefiii^ie? coi^plains&f John
policy ofaflur:' Saunders« being, &c. for that whereas the faid plaintiff' on the
Ante oh a fhip feventeenth day pf July'A. D. 1779, at London ai^rcfaid, to wit^
alid goods which i„ the parifli of St. Mary le Bow, in the ward'of Che^ accord-
I!*L"1 V-^1 ing to the ufage and cuftom of 'merchants, caufcd or procured tq
'Ai hcT. he made a cercam w^Ung or policy of aiiurance^ f^ujrportmg there-
'■'* by, and containing ^herein, that the faid' plaintiff, as weU in his
own name as for and in the name and ilarnes of all and every other
pcrCon and perfons. to whom' the fame didi might, or fi)o^ld ap-
pertain, in p^rt or in a^l, did make aflurance, and cau^ him,
them, and every of Uieqi, to 'be infured^' \oii or nci loft, at aiirf
from latitude 45 and 53 nprth, longitude 6. weft, to (jucrntey or
her firft port in England, upon any kind cf goods, and alib upon
the body, tackle, ap|:arcl, ordnance, municioni artillery, boat,
and other (u;;iULure, of and in the good (hip or Ytflcl called the
■U
On ships akd GOODS. M3
JLra Thetis, (a prize to the Swallow, Captain Efford,) when^qf
"vras mafter under God for that thien prefent voyage A. B. or who-
soever etfe (hould go for mafter in the faid ihip) or by wbatfoever
name or names the fame fhip, or the mafter thereof, was or fliouI<J
be named or called ; beginning the adventure iipon the faid goods
find merchandize^ from the loading thereof aboard the laid (hip,
latitude 45 and 53 north, longitude ^ weft, upon the laid Ihip^
&c. and fo Ibdufd' continue and endure during her abode therc^
upon the faidilhip, &c. ; and further, until the laid ibip, with all
her ordnance, tackle^ apparel, &c. and goods and merchandises
Whatfoever, ihould be arrived as above upon the faid (hip, &c«
until (he hadlhooced at tifi<^hor twenty-fimr bqvirs in gocd fafety,
and upon the goods and'^nierchandizes until the fame (hould be
there difchai:ged and fafely landed ; and it (hould be lawful for the
faid (hip, &c. in that voyage to proceed and fail to, and touch imi,
^ay at any ports or places wh^^oever, withoift prejudice to that
inlurance; the faid (hip, iic. goods and meiichandizes, &c. for fo
much as concerned the alH^reSs by agreement (fet out the remain«|
ing part of the policy) } of which faid waiting or policy of alTur*
ance and memorandum fo made as afp^eiaicjf the (aid defendant
afterwards, to wit, on, &c. at, tfc. had notice ; and thereupon
afterwards, to wit,' on, &c. in confiderat^on that the faid plaintifl^
at the fpecial inftahce and cequeft o( the laid defendant, had theti
and there paid to the faid defendant the funi of thirty guineas, as a
premium ojr reward for the alfurance of one hundred pounds upon
the premifds in the faid writing or pcdicy of alTurance mentioned,
and had then and there undertnken^ and laithfully promifed the
faid defendant to perform and fulfil every thing in the faid writing
pT policy of aiTurdnce contained on his part* and behalf to be per^
formed and fulfilled, the faid defendant undertook, and to the faid
|>I&intiiF then and there f^thfully gromifed, that he the faid defea«
dant woiild become an afTurer to the faid plaintiff for the fqm of one
hundred pounds upon the premif^s in the faid writing or policy df
alTur^lnce mentjoned^ and Would perform iind fulfil every thing in
(he faid wrmng or policy of afllifance contained on his part af|<l
behalf to he performed and fulfilled, as fuch aflurer, to the faid
plaintifF for the faiJ fufh of one hiipdred pound^ ; and the (aid d(f«
fendant then a^^ there hecame an afturer to the (aid plaintifF, aiid
fubfcribed the fitd wiriting or policy of afllirance as fucl^alfurer a^
to the faid one hundred pounds. And theTaid plaintiiFin ElA faith^
that the f;^id (hip, in the faid writing or policy of aifurance men-'
iioned, before the making of the fajJ writing or policy of aflur'-
ance, was in £ifety, to wit) upon th^ high feaf, in latitude 45 and
53 north, l6l)gie^de 6 weft /to v^it, at, &c. in, ^c; and thatbcfor^'
the makine of the biJA writing or policy' of a^ulranCC) divers goodft
and merchandizes of gt^at valu^', to wit, of the 'value oi' ten
thoufand pound^', we^e loaden and put qh board the (aid (hip iii
the faid writing or policy of alTurance mentioned ; and that the
faid goods and merchandizes remained and continued on board the
fei4 ihip from thence^ until and at the time of the lofa hereinafter
•'•«•* • : • . -J . ■ . ^ • ^
••»-«. ^ J • • , ^ » . . V . nex(
444 ASSUMPSIT GENERAL— POLICIES of ASSURANCE*
^ext mentioned ; and that one D. J. and P. L. were ioterefted in
the faid premifes, in the faid writing or policy of afliirance men-
tioned« to a large value, to wit, to die value of all the monies bf
the faid plaintiff ever infured thereon; and that the £iid infur-
^nce fo made as aforefaid, was fo m^de for and on tbeir ao-
count, and for their own ufe and benefit, to wit, at, &c.
And the faid plaintiff further faith, that afterwards, to wit, on> &c
the faid ihip, with the faid goods and merchandizes fo laden on
board her as aforeiaid, proceeded on the (aid intended voyage^ and
afterwards, to wit, on, &c. arrived at Cork, in the kingdom of
Ireland s whereof die (aid defendant afterwards, to wit, on, iic*
at, &c* had notice : and thereupon afterwards^ to wit, on. He.
at, ^c. by a certain other memorandum in writing, then and
there fubjoined to the faid policy of affurance, and fignedand fub-
fcribed by the faid defendant, he the faid defendant gave his con-
fcnt for the (hid (hip to proceed from Cork afofefaid to Guemfey
or London, and to flop at any port or ports in the Channel for
ponvoy, and did acknowledge himfelf to be therein aifured until her
arrival at Quernfey or Loi:)4cip,the faid (hip being warranted with
convoy from Cork, as by the (aid laft mentioned niemorandimi,
fubjoined to tlie faid writing or policy of alTurance, more ftdljr ap«
pears. And the faid plaintiff further fays, that aiferwacds, to wtt*
on the twenty- fcventh day of October in the yearaforefaid, the faid
ihip, with the faid goods and merchandizes fo laden on bos^ ber
as aforefaid) departed and fet fail with convoy from Cork afore-
faid, on her faid intended voyage towards Quemfey aforefaid : and
the faid plaintiff further (aith, that afterv^rds, and whilft the iaijd
fhip was proceeding on her faid voyage, and before her arrival at
Gucrnfey^ in (he faid writing or policy of affurance mentioiied,
to wit, on the twenty-ninth day of October in the year aforelaid,
the faid (hip, with the faid goods and merchapdizes fo laden on
bo:;rd her as aforelaid, x vf^^ upon tlie high feas, with force and
arms, and in a hoftile ma)>ner, attacked and iired upon by cer-
tain men of war, to the faid plaintiff unknown, and was thereby
fn grc^itly (battered and damaged in her hull, yards, malts, an^
figgin<;, that by reafon thereof the faid Ihip, with ^11 her tackle,
apparel, ordn;)iice, munition, artillery, boat, and furniture, to-
gether with the faid good$ and merchandizes (o laden and being oi>
^card her a^ aforefaid, were wholly funk in the fea and dell royed, and
i)ecame and were totally loft to the faid Daniel and Peter, to wit|
at London aforefaid, in theparifhand ward aforefaid ; of all wliicb
laid premifes, thefaid defendant, afterwards, to wit, on die twelfth day
of Ncvem{>er in the year afore(kiJ, at London aforefatjr, in the pariUi
^nc ward aforefaid, had no^ce y and was then and there required
f>y the faid plaintiff to pay to him the faid fum of one hundrird
pouiTds, fo infured as afordaid ; and which laid fqm of one hun-
dred pounds tjie laid defendant ought to have paid, according to
ihe form and effect o; his faid promife and undertaking fo maae^
|;J Count. aforefaid. And whereas, &c. &c. (go on with thi^ Count, fame as
the fit"l^-tiH yoM tome to ti:is murkx, tl^tn pro^e^d as follows):
On ships AMD GOODS. 44$
litxl filing suid proceeding on her faid laft mentioned tbyage^ after
her departure from Cork, and before her arrival at Guernfey
afbrelaid, was by and thr.mgh the mere dangers of the feas, and'
the force and violence of the winds and waves, and by means of
ftorniy and tempeftuous weather, wrecked, foundered, and funk
in the fea, whereby the (aid lad mentioned flilp, with all her tac*-
kle^ apparel, ordnance, munition, artillery, boat, and furniture^
together with the goods and merchandizes fo laden and being on
board her as aforefaid, became and were totally loft to the faid
Daniel and Peter ; of all which faid laft mentioned prcmifes, ths
laid defendant afterwards, to wit, on the faid tenth day of November
in the year afore&id, at London aforefaid, in the pariQl and ward
afbreiald, had notice ; and was then and there requefted by the
faid plaintiff to pay him the (aid la(l mentioned fum of one hun-
dred pounds, fo iniured as laft aforefaid ; and which faid laft men-^
tioned fum of one hundred pounds the faid defendant ought to
hnve paid to the faid plainrifF, according to the form and efFedl of
the faid promife and undertaking fo made as laft aforefaid. (Two
other Counts ftating the lofs of one of them to have been occa^
iioned by the firing of the men of war, ani in the other by (bip^
wreck, as in the two preceding Counts, upon a fecond policy on
the fame fliip, made on the nineteenth of July, at a premium of
fifty guineas per cent. Money had and received ; and common
conclufioftlo the plaintiffs s damages five hundred pounds.)
LONDON, Jf. For that whereas the faid plaintiffs, before Dccbntfon on
Mnd at the time of the making of the writing or policy of aiTur- apoiicyofaiTur.
ance herein after mewtion^, was interefted in two third parts or ^^^ ^ *^^
ihares in a certain (hip or vciTcl called The Siilers, and remained ^^^'*****^ * ***F-
fo interefted therein until the time of the lofs and misfortune here-
inafter mentioned^ &c. ; and the faid plaintift' [a) being fo inter-
efled as afore&id, afterwards, to wit, on, &c. at, &c« according
to the ufjgc and cuftomof merchants, caufod to be made a certain
writing or policy of^flurance, purporting thereby, and contain-
ing therein, that as well, &c. (recite the policy^ leaving the
blanks open,) and by the fame writing or policy of a/Turance^
corn, fith, &c. (fet out the memorandum} and under which faid
writing or poKcy of afTurance was a certain memorandum in writ-
ing, purporting and containing thereinj that the above mentioned'
afiurance was made upon tw«> thirds of the faid fhip, and the whole
of the faid ftiip was valued at three thoufand pounds, as by the
faid writing or, &c. and memorandum, relation being thereto had^
(^) will more fully appear } of which faid writing; or. Sec. and me«
morandum, that the (aid defendant afterwards, fl on, &c. at, &c.
had noticri and whereupon afterwards,^, on, &c, laft mentioned,
at^ &c» in confideration that the laid plaintiff, at the ipecial iiVi*
{a) This is Hot the cemmofi or be(b (^} Tlw<f.iy (!«fetid«m fubrcribed^
/cfkn of dccfann^ OS a policy. It ufu-
ally begins /Uting the policy/ withdut
aHy InuodQ^iioD.
ibnce
44* Assumpsit ciENEkAL^-i-POLiciEs of a^suranc£
fiance and requeft of the faid defendant^ had then and there paid td
the faid defendant the fum of nine pounds') of, &c. as s[ premtom
for the afTurance of two hundred pounces of and iipon the preoni*
fes mentioned in the faid writing or^ &c. and had undertaken, and *'
then and there faithfully proiiiiled the faid defendant to perform
and fulfil the faid Writing of, &Ci in all things on his part or be*
half to be performed and fulfilled as fuch adored ds aforeiaid, he
the faid defendant undertook, and to the faid plaintiff then and
there faithfully promifed,' that he the faid defendant would be-
come an ofiurer to the faid plaintiff for the faid fum of two hun«
dred pounds of and upon the premifes mentioned in the faid writ-
ing or, &c. and that he the faid defendatit would perform and ful-
fil the fame, as fuch afrurei*, for the faid fum of tti^ hundred
pounds> and theil atld there fubfcribed his name to the faid writing
or &c. as futh afllirer as to the faid turn of two hundred pounds :
and the faid plaintiff further faith, that the (aid ihip, ^t the time of
the making of the faid writing or, &c. was in good fafety, ffl at
the ifland of St. Lucia in the Weft Indies, that is to fay, at Lon-
don aforefaid, in the parifh and ward aforefaid, and that after^^
wards, and before the firlt of May ^c) in the year of Our Lord
1784, to wit, on, &c. at, &c. the faid (hip or vefTel was upon the
, high fcas very much eaten, damaged, and deftroyed by worms, and
thereby, ana by and through the force of certain hurricanes of
wind and ftormy tempefluous weather, and by and through
the perils and dangers of the, feas, was rendered of no ufe and
value to the faid plaintiff, and was thereby wholly loft to him s of
all which premifes the faid defendant afterwards, to wit, on, &c«
there had notice, and was by the faid plaintiff then and thefe re-
queftcd to pay him the faid fum of two hundred pounds, fo by the
faid defendant ailured as aforefaid, and which faid fum of two hun-
dred pounds the faid defendant then and there ought to have paid
to the faid plaintiiF, according to the tenor and encH of the faM
writing or, &c. and of his (aid promife and undertaking fo made
by him in that behalf as aforefaid. (Count for money had and
received^ and common conclufion.) W. Lamj^.
(c) Note, the infurttice ^as for half a year, from the firft of "SomaJbet to dfe
firftofMay.
^S^f r t^ONDON, ff: James Blackhurft complains of W, CoCkelT,
Idranccof gooda cfquire, being in the cuftody of the marfhal of the niarihalfea <^
cA boanl ihip. oor Lord the now ktng^ before the king himfelf, in arplea of tref-
p^k on the cafe ; for that Whereas the (aid plaintiff, for his own
ufe and benefit, heretofore, to wit, on the ninth day of Decem-
ber in the year of Our Lord 1784, at London^ in the parifh of
£t. Mary le Bow, in the ward of Cheap, according to the cuftom
of merchants in that refped ufed, caufed to be eflfefted and made
a certain writing or policy of affurance, purporting thereby, an^
containitig therein, that Mr. Richard Panton, as weil in his owa
namt as for and in, &c« (recite the policy verbatiiD^ with die
hhak%i
Ok Ships and Goobi. 447
blanks; for being the identical contraft, it muft be declared on
as it is) ; to which faid writing or policy of afTurance a certain
memorandum was then and there fubfcrib'ed, whereby corn, &c.
(fet out the memorandum) ; and to whi<^h faid writing or policy
of afliirance was then and there underwrote a certain other memo--
fandum in the words following (d)^ on goods as above warranted
well this ninth of December 17S4 ; which faid writing or policy
of infurance, and memoratidum fo made thereon as aforefaid, the
iaid defendant afterwards, to wit, on the day and year aforefaid* aty
&c. on, &c. aforefaid, had notice ; and thereupon afterwards, to
wit, od^ &c. at, fie. afjrefaid, in confideration that the faid plain*
iiff) at the fpccial iti(tance and requeft of the faid defendant, ha(}
then and there paid to the faid defendant a large fum of money, to
wit, the fum of twelve (hillings and fixpence of lawful money of
Great Britain, as a premium or rewardxfor the afTurance of a large
fum of monev, to Wit^ the fum of fifty pounds of like lawful moneys
upon the faia eoods, wares, and merchandizes iri the faid writing
6r policy of aiTurance mentioned, and had then and there under-
taken and faithfully proniifed'th^ faid defendant, to perform and
fulfil all things in the faid writing or policy of afTurance mentioned
on tht part and behalf of the faid allured to be performed and fuU
filled, be .the f^id defendant undertook, and then and there faithfully
promifed the faid plaintifFthat he the faid defendant would become an
infurer to the faid James of and upon the faid goods and merchandized
In the faid writine or policy of afTurance mentioned, and that he would
perform and fulnl all things in the faid writing or policy of alTurancd
Contained on his part and behalf to be perforrtied and fulfilled, as
fuch afTurcr, to the faid plaintiff for the faid fiim of fifty pounds^
according to the form and efFedt of the faiid Writing or policy of
alTurance ; and that the faid defendant then and there became an
aflurer to the faid ptaitltifF, and (/) by one H. A. the agent of
the faid defendant in that behalf fubfcrib^d the faid writing or
policy of afTurance, as fuch afTurer, to the faid fum of fifty pounds
accordingly, to wit, at, &c. in, &c. And the faid plaintiff in fadl
fays, that the faid (hip or vcfTel, in the faid writing or policy of
auiirance mentioned, before andon the faid ninth day of December
in the faid year 2784, was in good fafeiy, and was bound on the
&id voyage in the faid writing 9r policy of aflUrance fpecified, add
then, and at the time of the iofs thereof hereinslfter mentioned,
was a Britifh vefTel ; and that before and at the time of the Iofs
thereof hereafter mentioned, divers goods» wares, and merchan*
dizes had been, and were laden and p Jt, and were in and on board
the&id fhip or vefT«l, to be carried therein upon the faid voyage in
the (aid writing or policy of aflurance aforcfaid mentioned; that
tBe faid goods and merchandizes fo in and on board the faid fhip
(d) The ihlp was warranted fafe, and (e) The fubrcrlptloD wif H. A. for
wai fJe the day (he was loit She WiLiam Cockeii.
ftiack at 6x, ^d went d«wn at ei||ic,
A. Ml
OX
44* ASSUMPSIT GEKERAL.-POUcIES of ASSURANCE.
or vcffel as aforefaid, were well as aforefaidT) on the ninth of Decem-
ber 1 784 1 and the (aid plaintifF, at the time of the ladinjgand put-
ting of thefaid goods in and on board the faid fliip or vefleCaxid ^om
thence and at the time of the lofs hereafter mentioned^ was intereftcd
in the faid goods and merchandizes to a large amount, to wit, to the
amount of all the money ever infured by him ; and the faid plain-
tiff thereupon, to wit, at, &c. in, &c. And the faid plain tifF in
fa£l further fays, that although the faid (hip or veflel, in the fkid
writing or policy of aflurance mentioned, departed and fet fail on
the faid voyage in the faid writing or policy of aflurance men-
tioned, with the faid goods and merchandizes in and on board her
as aforefaid, yet the faid (hip or vefTel did not arrive at Liverpool
aforefaid in that voyage ; but on the contrary thereof afterwards, and
whilft (he was proceeding on her faid voyage, with the faid good%
wares, and merchandizes in and on board her as afore(aid, and be*
lore her arrival at Liverpool aforefaid, to wit, (f) on the faid
fiinth day of December in the faid year 1784, the faid (hip or vcf-
fel, with the faid goods and merchandizes in and on board her as
aforefaid, was by and through the mere danger of the feas, and
the force and violence of the winds and waves, and by the means
of ftormy and tempeftuous weather, wrecked, foundered, and
funk in the feas, v/hereby the faid goods and merchandises, (b
jaden and put on board the (aid (hip or veiTel as aforefaid, became
and were totally loll, to wit, at, &c. in, &c. ; of all which faid
premifes, the faid defendant afterwards, to wit, on the firft day
of January in the year of Our Lord 1785, at, &c. in, &c bad
notice ; whereby, and by means of which faid feveral premiies,
the faid defendant then and there became liable to pay, and ought
to have paid, to the faid plaintiff, a large fum of money, to wit^
the fum of fifty pounds, fo by him infured as aforefaid, according
to the tenor and eifcifl of the faid writing or policy of afTurance,
. and his faid promife and undertaking in that beh^ilf made as afore-
faid, to wit, at, &cc. in, &c. (Count for money had and re*
ceived ; account lifted j and common conclulion.)
1 HO. Barkow.
(f) Th€ day fjie was warranted fafc. 29. Geo. 3. when he nonfuited the plaio-
t.ff } but on motion for a new trial Trici*
The defendant pleaded the general ty Term folk wing, the nonfu^t was 6t
iiTue to this dschraiion, and the cauic aiide^ and a new trial granted. Scrdw
came on to be tried before Lord Kenyon cafe reported 3. T. R. 360*
at Guildhall, fiic.ni^s after £,alier Term
.Declaration In LONDON, to wit. Henry William Guion, late of Lon-
c.B. ins»flbn>p- don, merchant, was attached to anfwcr to John Cope and Lau-
in on a poUcy of rence Chenlefon in a plea 6i trefpals on the cafe, &c, and there*
T^d^^^iJ^^rf] "^^" ^^^ ^^^^ J' ^"^ ^* *^y ^' ^' their attorney, complain. That
of a Grecilljand. ^^^''^^^ '^^ heretofore, to wit, on the eleventh day
nian. of February in the year of Our Lord 1784, at London, in the*
pariih of St. Mary 1j^ B0W3 in the ward of Cheap> according to the
cufion
Os SHlt^S AND GOODS. 44f
fe^ilbrb of merchants in that refpeA ufed, eiFefted sitld made a cer-
tain writing bfr policy of aflu ranee, purpcfrti^g thereby, and con-
taining therein, that, &c. &c. (recite the policy in the very words
bf it) as by the faid writing or policy of aflurance more fully ap-
pears ; which faid writing or policy ♦of afTurance being fo made as ,(^ count upon
aforefatd, afterwards, to witj oh the day and year aforefaid, at L* aflUnnce of
iifbrefaid, in the parifli atid ward aforefaid, in confideration that looL <Q|>on the
the faid J. and L. at thcifpecial inftance and rcqueft of the faid ^»P»" P^*'"'^^
H. W. had then and there paid to the faid H. W. a large fum Of^^''^^^'^^
money, to wit, the fum of twelve pounds twelve fliillings of law* ctmntj.
ful money of Great Britain, as a t>remium or rcfWard for the afluf •
ance of a large fum of money, to wit, the fum of two hundred
pounds of like lawful money, ppon the (aid (hip gr vedel in the
faid Writing or policy of afTurance mentioned, valued it two thou-
(arid four hundred pounds, and had alfo then and there undertaken
and fiiithfully promifed the faid li. W. to perform and fulfil all
things in the faid writing or policy of affurance contained, on the
part and behalf of the auured to be performed and fulfilled, he the
faid H. W. undertook, and then and there faithfully promifed the
faid J. and L. that he the (kid H. W. would become an afTurer (of
the (aid J. and L. of and upon the (aid (hip or ve(rel, in the fafd
writing or policy of a(rurance mentioned, valued as aforefaid, and
tiiat he would perform and fulfil ail things in the faid writing or
policy of afTurance contained. On his part aifd behalf to be per-
formed and fulfilled as fuch aflurer, to the faid J. Khd L. for the
faid fum of tWo hundred pounds, according to the form and efFeA
of the faid Writing or policy of afTurance ; and the (aid H. W. then
and there became an aiTurer to the faid J. and L. and fub{cribed
the faid writing or policy of a(Turance, as fuch afTurer, for the (aid
fudi of two hundred pounds accordingly, to wit, at L. afore(aid4
in the pari(h and ward aforefaid : and the faid J. and L. in fa£t
fay, that the faid (hip or vefTel, in the faid writing or policv of
afTurance mentioned, before and at the time of the making ot the
faid writing or policy of afTurance mentioned, was in |ood (afety,
to wit, at the pore of London, and was bound firom thence on the
faid voyage in the faid writing in the (aid policy of adurance fpe*
cifisd; and that they the faid J. and L. at the time of making ^he
faid writing or policy of alTur^nce, and alfo af the time of the mis*
fortune hereafter mentioned, were interefled in the faid (hip pr
veiTel, in the faid writing or policy of afTurance mentioned, to »
large amount, to wit, to the amount of all the money by them in-
furcd thereon, to wit, at L. aforefaid^ in the parifh and ward a^fbre-
faid I and the (kid J. and L. further fay, that the (aid (hip or veflel,
in the faid writing or policy of afTurance mentioned aforefaid, to
wit, on the twenty-fourth day of February in the year aforefaid,
departed and fet fall from the faid port of London on her faid in-
tended voyage in the laid writing or policy of afTurance memion-
ed, with certain goods ahd merchandized in and on board her ;
but that after her departure, and before the completion of her fai4
voyage, and in the courfe thereof, to Wit, on the fourth day of
* VoLJ. Gg March
4SP ASSUMPSIT GEN£RAL**-P0LICIES or ASSURANCE.
March in the year afbrefaid, the faid (hip pr veilel was, by and
through the force and violence of the winds and waves and by the
perils and dangers of the (eas^ forced, driven, and caft upon and
. againft certain ihoalS) fands, and land-banks, and thereby became
;Mid viras ftrained) bulged, disjointed, broke, and otherwiie damag-
ed in her body, rudder, irons, and other parts, infemuch that by
means thereof, the faid (hip or veflel was totally difabled from pro-
ceeding on her {aid voyage without being repaired as to the &id
damage fo by her fuflained as aforefaid ; and in confequence there-
of, and for the purpofe of fuch repair, and the fafeguard, prefer-
Vation, and (afety of the (aid (hip or vefikl, was forced and oblig*
ed to be piloted, and attended by a pilot and a certain Chip or vef-
fel, during her dtftre(s, and to be conduced, conveyed, and car-
ried into porf, and there unloaded, reloaded, and repaired i and on
that occafion, by reafon and means of the leveral premifes afore-
faid, the faid J. and L. by themfelves and their fervants and agents,
did labour for and in and about the fafcguard, fafety, and prefer-
. vation of the diid (hip or veflel } and in lo doing, and in and about
the repair of the fame (hip or vellel as to tKe faid damage foby her
fuftained as aforefaid, and the other premifes aforefaid, did necef-
farily lay out and expend a large fum of money, to wit, the fum of
three hundred pounds of lawful money of Great Briuin, to wit,
at L. aforefaid, in the parifli and ward aforefaid ; whereby the faid
H. W, by force, .and according to the tenor and effefi of the laid
writing or policy of affu ranee, and his faid promife and undertak-
ing thereupon, became liable to pay to the faid J. and L. a largo
fum of money, to wit, the fi^m of one hundred pounds of like
(1^ a. Burr. ^ lawful money, being the ( i) rateable pari orprcporlion of the cx-
1167, 1172* ^ pence or charges aforefaid, which the laid H. W . ought to have
paid and (i) contributed in refpe^ of the infurance aforefaid ^
.whereof die laid H. W. afterwards, to wit, on the day and year
lafl aforefaid, at L. aforefaid, iq the parifb and ward aforelaid,
idConotonan ^^ notice. [" ad Count fame as firft, only averring infurance
Infurance for ** to have been made by plaintiffs on behalf af tbenf elves and&tber
them in their •« owners^ andjiating the interefts accordingly^ viz, as follows :]
own right, and « Jnd the faid plaintiffs infa&fay^ that the faid fhip or veffei, in
as uvftees for ^^ the /aid lajl mentioned wriiing or policy of afjurance mentMmd^
** before and at the time of making the faid laft mentioned writing
" or policy of aflarance, was in good fafety, to wit, at the port
** of L<)ndony and wa,s boumf from thence on the (aid voyage in
<* the faidlaft mentioned writing rir {>oiicy of alTurance (pecified;
'* and that at the time of the making of the laid lail mentioned
** writing or policy of affurance hereafter mentioned, the laid J,
'< andX, and certain other perfons, (to wit,) £cc. were imcreit-
*< ed in the faid (hip or veilel, in the fame writing or policy of
*< aifurance mentioned, to a large amount, to wit, to the amount
<< of all the money by or for them infured thereon ; and diat the
<^ faid writing or policy of alTurance, fQ effeSed and made by
*< them the laid !• and L. as aforefaid, was efieSed and made by
** them the laid jf. and L, in trull for, and to and f#r the ule aod
** beneS;
On ships and goods. 451
*' benefit of tbem the faid T. and L. and the (aid feveral other per-
^^ fons fo interc^fted with them in the faid laft mentioned (hip or
f * veffcl as aforefiiid, that is to fay, according to their feVcral and
•* refpe£tive (hares, interefts, and proportions therein and there-
^* of, to wit, at L. aforefaid, in the parilh and ward afore(aid/' 3d Count fiv
^nd the faid J. and L. heretofore, to wit, on the eleventh day of «ool.infiiredfor
February in the year aforefaid, at London aforefaid, in the pariflh pWniifii in their
and ward afotefaid, according to the cuftom of merchants in that ^^j^^ !I|^
refpcfi, efFedled and caufed, andprocured to be efFe^^ed, a cer- ^^^ h^p^nC
tain other writing or policy of aflurance, purporting thereby and mcnt*
containing therem to the cffedi following, to wit, &c. &c. (re-
cite the policy in the Very words,) as bv the faid laft mentioned
Vrriting or policy cf alTurance more fully appears; of which faid
laft mentioned writing or policvof ailurance the faid Ht W, after-
ivards, to wit, on the day and year aforefaid, at L. aforefaid, in
the parifh and ward aforefaid, had notice ; and thereupon after-
vrards, to wit, on ibe d^ and year laft aforefaid, at London afore- '*
laid, in the parifh and ward aforefaid, in confideration that the
iaid J, and !>• at the fpecial inflance and requeft of the faid H. W*
had then and there paid to the faid H. W. a large fum of money,
to wit, the fum of twelve pounds twelve (hilling^ of like lawful
money of Great Britain, as a premium and reward for the aftur-
ance of a large fum of money, to wit, the further fum of two hun-
dred pounds of like lawful money, the bounty to arife and become
payable upon and in refped of the faid laft^mentioned (hip or veflel
in and from the faid voyage in the faid lail mentioned writing or
policy of afTurance mentioned, by virtue of the ftatuce in fuch cafe
made and provided, and had then and there undertaken and faith-
fully promifed the faid H. W. to perform and fulfil all things in
the faid laft mentioned writing or policy of afTurance contained^
on the part and behalf of the afTured to be performed and fulfilled^
be the faid H* W. undertook, and then and there faithfully pro-
mifed the faid J. and L. that he the faid H. W. would become an
afTurer to the faid J. and L. of and upon /ucb bounty as aforefaid^
that he would perform and fulfil all things in the (aid writing or
policy x>t' afTurance contained, on his part and behalf to be per* .r
^rmed and fulfilled as fuch afTurer to the f«id J, and L. for the (dii
ium of two hundred pounds, according to the form and eflbft of
the faid laft mentioned writing or policy of afturancej and the
£iid H* W. then and there became an afTurer to the faid J. vEcki
.L. and fubfcribed the faid laft mentioned policy of afTurancft zt
fuch aflfurer for the faid laft mentioned fum of two hundred pounds
accordingly, at L. aforefaid, in the parifh and ward aforefaid :
and the faid J. and L. in fa^ (ay, that the faid fhip or veflel, in
the £ud laft mentioned writing or policy of afTurance mentioned,
before and at the time of the, making of the faid laft mentioned
ivriting or policy of afTurance, was in good fafety, to wit, in the
port of London afore(aid, and was a Britifh fhip bound on thtf faid
voyaee in the (aid laft mentioned writing or policy of afTurance
^>e€ified, that is to (ay, to Greenland, Davis's Streights,and the
G g 2 adjacent
4ii Assumpsit General.— I^licies or assurance
t
I •
jacent Teas, to be employed bj Briiiih fub)e^. in the whale fifteiy
there; and that the fald J. aiid L* at the time of the making the
iaid laft mentioned writing or policy of alTurance^ and alib at the
time of the misfortune hereafter di^htibned, were ihterefied in
fuch bounty to a large amount, to wit, the amount of all the mo-
ney by them infured thereon, to wit, at L. aforefaid, in the p-?
rl(h and ward aforefaid : and the faid J. and L* further £ij, diat
the faid (hip or veflel, in the faid laft mentioned writing or policy
6f adurance mentioned, afterwards, to wit, on the twenty- fourth
day of February in the year aforefaid, departed and fet (ail froth the
laid port of London on the faid intended voyage in the faid writing
or policy of affurance mentioned, manned and navigated as by law
directed (with certain goods, wares, and merchandi;i^es in and on
board her) » but that after her faid departure, and before the com-
pletion of her faid voyage, and in the courfe thereof, to wit, 6a
of March in the year
mentioned (hip or vefTel was, by and though the force and vio-
the (aid fourth day of March in the year aforefaid, the faid hft
lencc of the winds and waves, and by the peiils and dangers of
the feas, forced, driven, and caft upon and againft certain (boakf
fands, and fand-banks, and thereby became and was ftrained,
bulged, disjointed, broke, and otherwife damaged in her body,
rudder, rudder-irons, and other parts* infomuch that by reafoa
thereof the faid laft mentioned (hip or veifel was totally di&bled
from proceeding on her £ud voyage without being repaired as to
the faid damage fo by hor fuftained as aforefaid ; and in con(e-
quence thereof, and for the purpofe of fuch repair, and the fafe»
guard, prefervation, and fafety of the faid laft mentioned (hip of
vtflel, was forced and obliged to be piloted, and attended bv a
pilot and a certain other (hip or ve(relv during her diftre&, ana to
be Conduced, conveyed, and carried into port, and there un-
loaded, repaired, and reloaded; and on that occafion, and by
reafon and means of the feveral premifes aforefaid, thfc (aid J. and
L. by themfelves and their fervants and agents^ in labour (br
in and about the fafeguard and prefervation of the faid laft men-
tioned (hip or vefTel as to the faid damage fo by her fuftained
as aforefaid, and other the premifes aforefaid, did neceflarily lay
out and expend a large fum of money, to wit, the fum of three
hundred pounds of li^e lawful money, to wit, at L. aforefaid, in
the pariib and ward aforefaid ; whereby the (aid H. W; by force,
and according to the tenor and tSzSt of the faid laft mentioned
writing or policy of affurance, and his aforefaid promife and un«
dertakmg thereupon, became liable to pay to the £iid J. and L. a
large fum of money, to wrt, the further fum of ohe hundred
pounds of like lawful money, being the rateable pari and pro-
portion of the txpcnces and charges laft aforefaid, which the faid
H. W. ought to have paid and contributed in rcfpcA of the tn-
furance laft aforefaid \ whereof the faid H. W. afterwards, to Wtt|
on the day and year laft aforefaid, at London aforefaid, in tbi
pari(h and ward aibre(aid, had notice. V. Lawcs;
Om ships AMD GOODS. 4S3
CondufioQ to each Count flatet, attend her by another vefTcl, wherch^
that Che (hip was eafl upon a fand- bank, plaintiffs were put to l;)bour .ind ex-
and bulged and ftrained fo much> on her pence, for which defendant became liable
•Vtward-bound toyage> as to make it to pay.
m$fiiOiky to pilot her into barbour, and
LONDON, //I Henry Wifliam Guyon, late of, &c. was Declaration on
attached to anfwer John Cooper and Laurence Charlefon, &c. di^erent policies
&c. that whereas the faid plaintiff's heretofore, to wit, on, &c. at, •^ infurance,
ice. according to the cuftom of merchants in that refpeft ufed, ^^ ^ P^"
efFefted and made, and caufed and procured to be effeded and pjajntift* were
made, a certain writing or policy of afTurance, purporting there- intereiied in th«
by and containing therein, that, &c. &c. (recite the policy,) as ^jp to the a*
hy the faid writing or policy of aflurance more fully appears ; of"®""* ^^ ^^
which faid writing or policy of affurance fo made as aforeiaid, they ^^1^ ^f^^*
the iaid plaintiffs afterwards, to wit, on, &c. had notice^ and branded and ^
^thereupon afterwards, to wit, on, &c. at, &c. in confideratioo difaMed from
that the faid plaintiffs, at the, fpecial inflance and requeft of the proceed ogin her
(aid defendant, bad then and there paid .to the faid defendant a ^^?^^ without
large fum of money, to wit, the fum of twelve pounds twelve and" repaired'"*
fhiUings of lawful money of Great Britain, as a premium or re« and for • iafety
ward for the affurance of a large fum of money, to wit, the fuip was piloced»
of two hundred pounds of like lawful money, upon the faid (hip whereby defen.
or vcfTel in the faid writing or policy of affurance mentioned, va- y "'*'^*^*"**^r
lued at two thoufand four hundred pounds, and iiad then and there ^^ ^^ 'J^
jundertaken and feithfuUy promifed the faid defendant to perform portion of hia
and fulfil all things in the faid writing or policy of affurance con- charget.
tained, on the part and behalf of the afiured to be performed and
fulfilled^ he the faid defendant undertook, and then and there &ith-
fully promifed the faid plaintiffs, that he the faid defendant would
become an aflurer to the (aid plaintiffs of and upon the faid (hip
or veflel in the (aid writing or policy of aflurance mentioned, va-
lued at, &c. aforefaid, and that he would perform and fulfil all
things in the (aid writing or policy of affurance contained, on his
.part and 'behalf to be performed and fulfilled, as fuch affurer to the
laid plaintiffs for the faid fum of two hundred pounds, according
to the form and effed of the (aid writing or policy of aflu-
rance : and the faid defendant then and there became an aflurer
to the (aid plaintifFs. and fubfcribed the faid writing or policy of
SifTurance, as fuch aflurer, for the faid fum of two hundred pounds
accordingly, to wit, at, j(c. in, &c. ; and the faid plaintifFs in fa£l
lay, that the faid (hip or veffel, in the faid writing or policy of af-
furance mentioned, and before and at the time of the making of the
iaid writing or policy of affurance, was in good fafety, to wit, in
the port of London, and was bound from thence on (aud voyage in
the faid writing or policy of aflfurance fpecified ; and that they the
iaid plaintiffs, at the time of the making of the (aid writing or po«
jicy of aflurance, and alfo at the time of the misfortune hereafter
mentioned, wer^ interefted in the faid (hip or veflTel, in ithe faid
meriting or policy of aflurance mentioned^ to a larg;e aiwunt, to
G g 3 . VU|
4S4 ASSUMPSIT GENERAL.— POLICIES or ASSURANCE.
wit, to the amount of all the money by them infured thereon, to
wit, at* &c. : and the (aid plaintiffs further fay, that the laid fhip
or veffel, in the faid wnttn| or policy of aflurance mentioned, af-
terwards, to wit, on, &c, departed and fet fail from the iaid port
of London on the faid intendeid voyage, in the faid witting or po-
licy of aflurance mentioned, with certain goods and merchandia&es
in and on board her ; but that after her departure, and before the
completion of the faid voyage, and in the courfe thereof, to wit,
on, &c. the faid (hip or vefiel was, by and through the force am}
violence of the winds and waves, and by the perils and dangers
of the ieas, forced, driven, and caft upon and againft certain
Ihoals and fands, and fand-banks, and thereby became and was
ftrained, bulged, and disjointed, broke, and otherwife damaged
in her body, rudder, rudaer-irons, and other parts, infomuch that
by means thereof the faid (hip or veflel was totally diiabled froni
proceeding on her faid voyage without being repaired^as to the laid
damage fo by^ her fuflamed as aforefaid i and in confequence
thereof, and for the purpofe of fuch repair, and the fafeguard^ pre-
fervation, and fafety of the faid (hip or vt(k\^ was forced and ob-
liged to be piloted, and attended by a pilot and a certain (hip op
vefle], during her diftrefs, and to be conduced, conveyed, and
carried into port, and there unloaded, reloaded, and repired ^ andi
on that occafion, and by reafon and bv' means of the feveral pre*
mifes aforefaid, the faid plaintiffs (<7;i by them(elves and dieir
fervants and agents, did labour for in and about the {afeguaid^
fafety, and prelervation of the faid (hip or ve(rcl ; and in fo doing;
and in and about the repair of the fame ihipor ve(rcl as to the (aid
damage fo by her fuftained as aforefaid, and of the premifes afore-
faid, did nece(rarily lay out and expend a large fum of money, to
Wit, the fum of three hundred pounds of lawful money of Great
Britain, to wit, at, &c. in, &c. whereby, the faid defendant, by
force, and according to the tenor and cSeSt of the faid writing or
policy of affurance, and his aforefaid promi(es and undertakings
thereupon, became liable to pay to the faid plaintiffs (b) a large
fum of money, to wit, the fum of one hundred pounds of like
lawful money of, &c, being the rateable part or proportion of the
expence or charges aforefaid, which the faid defendant ought to
have paid and contributed in refped of the afTurance afore&id'*,
whereof he the faid defendant afterwards, to wit, on, &c.
zd Count. had notice. (2d Count like the firft, except as to the amount of the
intereft, which in this Count runs thus:) And at the time of the
making of the faid writing or policy of a(rurance, and alio at the
tin\e of the misfortune hereafter mentioned, the faid plaintiffs and
certain other perfons, to wit, A. £. C. D. ^c. &c. were inte'reOed
(a) In the id Coqnt add, ** and the (h) In the 2d Cotittt add, ** forrhe
<* faid feveral other ptrfons imerefted <c ^(^ g^d benefit Of tbemiehre*, and ^
. ** with them in the faid la(l mentioned ** the faid feveral other perfibnt i> ime*
** ihip or vclTvl as aforefaid.*' ** reftcd with them in the faid hft :
•< tioned Oiip or ve£^ as aSortfud/*
in
On ships and GOODS. 45S
in the fiiid ftnp or veflcl, in the fame writing or policy of
atfliimnce mefntioned, to a large amount, to wit, to the amount of
aJl the money by them infured thereon i and that the faid laft men-
tioned writing or policy of afTurance being fo effected and made by
them the faid plainti/rs as aforefaid, was effe£ted and made by
them the faid plaintifl^ in truft for, and for the ufe and benefit of
them the laid plaintifl%, and the faid feveral other perfons fo inte-
refted therein or with therti in the faid laft mentioned (hip or vef*
iel as aforefaid» that is to (ay, according to their feveral and re-
fpedtive (hares, intereft, and property therein, &c. and thereof,
&c« to wit, at, &c. in, flcc^ (Aver die lofs^ and go on as be*
fore. 3d Count, after ftating the policy of aiTurance and notice
of it had by the defendant, as in the former Counts.) There-
upon, afterwards, to wit, on, &c. at, &c. in confideration that
the (aid plaintiffs, at the fpecial inftance and requeft of the faid de-
fendanti had then and there paid to the faid defendant a large fum
of money, to wit, the further fum of twelve pounds twelve (hil-
Ihigs of like lawful money of Great Britain, as a premium and
reward for the aflurance of a large fum of money, to wit, the full
fum of two hundred pounds of like lawful money, the bounty to
art(e and become payable upon and in refpeA of the faid laft-men*
tiohed (hip or vefTel on and from the faid voyage in the faid laft-
tnentioned writing or policy of alTurance mentioned,, by virtue of
the ftatute in that cafe made and provided, and had then and the-re
midertalcen and faithfully promifed the faid defendant to perform
and fulfil all things therein contained, on the part and behalf of
the allured to be performed and fulfilled, he the faid defendant then
and there undertook and faithfully promifed the faid plaintiffs, that
he the faid defendant would become an afiurer to the (aid plain*
tiffs of and upon fuch bounty as aforefaid, and that he would per-
form and fulfil all things in the faid laft-nientioned writing or
policy of aiTurance contained, on his part and behalf to be per*
formed and fulfilled, as fuch alTurer to the faid plaintilF for the (aid
laft mentioned fum .of two hundred pounds, according to the
form and effedl of the faid laft mentioned writing or policy of af-
furance \ and the faid defendant then and there became an a(rurer
to the (aid plaintiffs, and fubfcribed the faid laft mentioned writing
or policy of aiTurance, as fuch aiTurer, for the faid laft mentioned
fum of two hundred pounds accordingly, at London aforefaid : and
the faid plaintiffs in fad fay, that the (aid (hip or vefTel, in the
faid laft mentioned writing or policy of aiTurance mentioned, be-
fore and at the making of the faid laft mentioned writing or policy
of aiTurance, was in good fafety in the port of London, and was a
Briti(h (hip bound on the faid voyage in the faid lail mentioned
writing or policy of aiTurance fpecin^d, that is to (ay, to Green-*
land and the adjacent feas, to be employed by Uritiflx fubjeSs in
the t^rhale-fifhing line; and that the ii^id plaintiffs^ at the time of
the making of the faid laft mentioned writing or policy of a(Tu-
ranee, and alfo at the time of the misfortune hereafter mention*
^4^ w^te in^fefted in fuch bounty as afoi;e&id tp 9. large amount^
4S$ ASSUMPSIT GENER AL-iPOLlCIE§ or ASSUR ANC?.
to wit, the amount of?!! the money infiired thereon, to wit> 9t»
He. : and the faid plaintiffs iiirther fay, that the faid (hip or vef*
fely in the (aid laft mentioned \yritipg or policy of aflfurance men*
tbned, afterwards, to wit, on, &c. departed and fet iail from the
iaid port of I^ondon on the (aid intended- voyage in tt^e-Tald writ*
lAg or policy of alTurance mentipp^, and navigatedi with ceitaiii
goods and merchandizes in and on board her $ but that after her
faid dep^^rttire, and before the completion of the faid voyage, and
in thecourfe thereof, &c. &c, (as in the i ft Count) The 4th Count
like the jd for the bounty^ but with alterations fimilar to the ift
and 2d, ^s to the perfons interefted in the infurance ; 5th, wbicb
ftates another policy of a different date upon the (kme £hip« in
which the name of the perfon making the iiifurance is left Uank^
yalued at one thoufand Ave hundred pounds on part of the Onp^
excluCve of boats and fi(hing tackle ; that in coniid^rauon of a
premium of fix pounds fix ihillitigs for the afTurance of one bun*
dred pounds qpon the fame part of the faid ibip or veflel^ the
(defendant became an afl'urer upon the (jlid freight of the faid (hip
pt veiTel in the faid laft mentioned writing or policy of afluranc^
mentioned, valued as aforefaid, and ezcluftve as afbreCiid, s^d
underwrote the faid policy that the (hap was then in iafecyi
f^ and that ^ the time of the makino; of the (aid laft mention*
cd writing or policy of afTurance, and alfo at the time of the oaif^
fortune hereafter next mentioned, the laid J. P. was interefted in
the faid parf of the faid (hip or veiTel in the (aid laft mentioned
Writit^j or policy pf afTufr^ce mentioned, exclufive as afore«
faid, to a large amount, %o wtt, to the amount of all the money
)>y or for him infured thereon; and that the (aid laft mentioned
writing or policy of afTurance^ fo eiFe^Sled and made by them the
faid plaintiffs as aforefaid, was made and effcAed by them the laid
plaintiffs in truft for, and to and for the ufe and benefit of the kid
J. P. as aforefaid: (the remainder of the Count is like th|s fore-
going, expfpt that this ftates] (bat by means of thefeverat pre*
mifes afpre|aid, the faid J. B. for whole qfe and benefit th|e (aid
)^ mentioned wrjting or policy of afTurancp was efFeded and
made, oy bis fervants and agents did labouf for^ &c. ^c where*
by tlfe (iud defendant became liable to pay to the (aid plaiotiffs,
fDr the ufe and benefit of the faid J. P. for whofe ufe and benefit
ttie faid laft n^entioned policy of afTurance wa^ effeAed and madcj
as aforefaid, a large fum of money for his rateable proportion. Th^
()th Count like the 5th, but averring the intereft in all tee own-
^rs^ like the ad. (Counts for wofk and labour by plaiotifis, their
^rvants and agepts \ money laid out, &c. &c.}
&d!^«**^ LANCASHIRE, / Jlenry Travji complains of Qcorgt.
i^/^ * ^ XVarJcen Watts, being, &p. for th^t wherpas the faid Henry, be-
Lev. fore t^ promifeand undertaking hereinafter pext fnentioned,on the
*'^ , ^irteenth day of March 1773, at Manche(ler in the faid couh^
o^ L^caft;r> according to {he iifa^e and cuftom o(/aierchant&
•♦
Ok ships Am GOODS, 4$;
cauied and procured to be made a certain writing or policy of inr
furance, purporting therebyi and containing therein, that certain
perfonsy bj the name and defcription of Mefl^. Samuel Sandys and
4Co. for and on behalf of thefaid Henry ^ by the nanu of C. Jar^
vis, as well in their own name as for and in ths name and names
of all and every other perfon or perfons (fet out the policy), and
in cafe of loft (which God forbid), the afllirers not to make up
any average lofs under five pounds per cent, unlefs general, as ap-
pears; under which faid writing or polUy of affurance a certain
P»tm9randum was then and there written^ whereby com, fait, (ilhy
fruity (our, and feeds were warranted free from average, unlefs
general, or the ihip (hould be ftranded ; add it was particularly '
^igreed by thefaid writing or policy of infurance^ that any infuffici^
ency of the (hip not known to the aflured (hould not prejudice that
infurance; of which (aid writing or policy of a(rurance, and me-
monuidum and agreement fo made as a^brefaid, the faid George
iVarren afterwards, to wit, on die fame day and year afbre(aid^
at, &ۥ aforefaid, had notice } smd thereupon afterwards, to wit,
on t)ip ^e day, 2^c. at, &c. aforefaid, in confideration thai the
faid Henry Jarvis, at the fpecial inftance and reque(l of the (fiid
George Warreni bad then and there paid, or caufed to be paid,
1^ the (aid George Wgrren the fum of nine guin^s, as a preiplum
and reward for the infurance of one hundred anj fifty pounds of
and upon the premifes aforefaid, in the (aid writing or policy of afr
furanoe mentioned, and had undertaken and faithfully promifed
tlie (aid Georse Warren Co perform and fulfil all things in the faid
writing or poHcy of infurance contained, on the part and behalf of
him the (aid Henry Jarvis as t)ie aiTured tq be performed and ful-
fined* be ti^e (aid (ieorge Warren undcrtoqlc, and to the faid Hen.
Jarvis then and there faithfully proqnifed, that he the laid
eorge Warren would becdme an aflurer to the faid Henry Jar*
▼is for the (aid fum of one hundred and iifty pounds oF and upon^
ibe premifes aforefaid, in the faid writing or policy of infurance
fnentioned, and would perform and fulfil all things in the (aid
l^riting or polipy of infurance contained on his part and behalf
%o be performed and fulfilled, as fuch afTurer, as to the fiiid one
hundred and fifty pounds} and the faid George Warren then and
tbere became an afltirer to the faid Henry Jarvis, and fubfcribed
^be £ud writiag or poljcy of infurance as (uch afTurer as to tl\p
laid one t|undred and fifty pounds : and the (aid Henry Jarvis in
tkSt fays, that the (aid (hip, in the (aid writing or policy of infi4«
ranee mentioned, before the making qf the faid writing or policy
of infiirance, was in fafety, to wit, at Liverpool aforefaid, in the*
faid fpttncyafofefaid, in the (aidwritingor polipy of infurance m^n«
tioned ; and that before the making of the faid writina; or pp«
Ucy, &c« divers goods and merchandises were laden and put pn
board the f]^.(hip, to be carried in the faid (hip from Liverpool
afbreiaid to die cos^ of Africa afore(aid, in the faid writing, &c«
inentioped j and that the faid goods and merchandizes remained
ipd continued o(f t)oard d^e (aid (Im> ^om theqce until the ^me
z
45« ASSUMPSIT GENERAL,— POLICIES or ASSURANCE.
of the lofs hereinafter mentioned ; and that the faid Henry JarriSy
until the time of the lofs hereinafter next mentioned, wa
reded in the faid premifes in the (aid writing, &c. mentii
upon commiHions, privileges, and wages, to a large value, dut
is to fay, to the value of all the monies by him ever infured
on i and that the faid infurance, fo made as aforefaid, was {o
for and on his own account, and for his own ufe and benefit^ to
wit, at Manchefler aforefaid, in the county aforefaid: and Ibe
faid Henry Jarvis further fays, that afterwards, to wit, on the
fame day and year aforefaid, the faid (hip, with the (aid goods and
merchandizes on board, departed and fet fail from Liverpool afete*
faid, on her faid intended voyage, for and towards ^e cooft cf ,
Africa aforefaid : and the &id Henry Jarvis further (ay^ that af» '
terwards, during the faid voyage, and as the faid (hip or veflc^
Sith the faid goods and merchandizes on board thereof as afore-
id, was proceeding and failing on the high feas on her £ud voy*
age from L. aforefaid towards the coa(l/of Africa as afore&id, to
wit, on tfie tenth day of May in the year aforeiiiid, the (aid ihip
was, by and through the mere dangers of the feas, and the force
and violence of the winds and waves, and by means of ftonny
and tempeftuous weather, totally funic and loft with the goods ana
merchandizes on board her ; and the faid H. Jarvis thereby vriiol*
]y lod and was deprived of his commi£ons» privileges, aol
wages in, for, and on account of the faid (hip, and the fsud goods
ani merchandi:fcs on hoard her as afore&id, and of the profit)
^h-Teof i of all which faid pifemifes the faid George Warren after*
wards, to \v\t, on the fanxe day and year laft alore&jd^ at Mao-
chcder aforeiaid in the county aforefaid^ had notice, and ^2S Chea
and t^^re requeued by the faid Henry to pay him the laid fim
cf one hun4red and fifty pounds fo by him iniure<{ as aforcfiiidj
, and wbi.ch one hundred and fifty pounds he tb^ faid George War*
rcn ought to have p^id, according to the form and efFedt of the
^id policy and h\s &id promi(e in that behalf made as afere&id.
%ii Count That And whereas alfo the ^id Henry Jarvis, &c. (^s in the iq/f Cwat^
. lh:p was loft not r,«/;,*^ ^ certain other Policy and laj men^md writi^g)^ tO wk,00
li'Sncr '"^ ^^"^ ^^'^ ^^"^*^ "^^y ""^ ^^7 ^" the year aforeiaid, the faid Vvft men-
Kn9ivm to tl^ tioned (hip was, by and through the mere dangers of the feas^and
^nrured ; and the force and violence of the winds and waves, and by means of
faid laft mentioned goods and merchandi.zes oq board her, an|i di<
faid H. J. thereby wholly loft and was deprived of his comaat'
fions, privikj^ef^ and wages in, for, and on account of the laid
laft mentioned ihip, and of the go9ds and merchandizes fo aboard
tier as laft afore&id. and of the proSts thereof; of ail which 6aiy
fart mentioned premifes the faid George afterwards, to wit, on the
twelfth day of A<farch 1 7 74, at Maachefter aforeiaid in the 6id
county, alfo had notice 5 and he the faid George Warren there-
upon^ in conlideratioa of the precoifcs laft afpreiaidlj^sftcrwards, i»
Oh ships asdGOODS. *S9
m\u on the fame day and year laft aforefaid, at, &c. aforefaidj
undertook, and to the faid H. J. then and there faithfully promifcd
to pay birn the fum of fifty-three pounds twelve (hillings and three
pence per cent, lofs on commiflions, privileges, and wages, for
and on account of the premifes laft aforefaid, in one month fron^
that time : and the faid H. J. in faft fays, that the fum of fifty-
three pounds twelve fliillings and three pence per cent, on the
laid one hundred and fifty pounds fo infured as hft aforefaid, a«
mounts in the whole to a large fum of mpncy, to wit, to the
fuoi of eighty pounds eight (hillings and four pence halfpenny ;
whereof the faid G. W. afterwards, to wit, on the fame day and
year lall aforefaid, at Manchefter aforefaid in the county aforefaid,
nad notice. And whereas alfo, &c. (another Count, two hun-
dred pounds, money had and received; two hundred pounds
money paid, laid out, and e;(pend^d: common conclufion; da-
mages three hv^ndred pounds. F. BULLBR.
LONDON, to wit. PlaintjfF complains aeainft defendant* Agiinft an unt
being, &c. for that whereas, on the twenty-nr(t day of De^ <lcrwriter of «
cember 177X9 at London aforefaid, &c. he the laid plaintiff made Mo' ^^ tf^^
a certain writing, commonly called a policy of infurance, accord- ^^ ^j^ii^'^fil^
ing toris^ u(age and caftom of merchantfy purporting tbere^iy, Altcant to Havre
and containing dierein, that, &c. ; and by die faid writing or po- to Grace, where
|icy of infurance, corn, fi(h, <, frui^ flour^ and feed, were ^ 'hip was
lirarraiife^l free from average, unlefs general, or the fiiip were I^ljf^^ia^'!!^
ftianded| fugar, tobacco, hemp, flax, bides, and ikins, were war- f^^tle ihi^lfa!^
ranted free from average under five pounds per cent* and all other ia^ fpruo^ a
goods iiree from average under three pounds per cent, unlefs ge- 1^ '
neral, or the (hip were ftranded ; and it was particularly agreed*
thatany infuflSiciencyof the (hip, not known to the a(rured, ihould
not prejudice that infurance, as by the faid writing, &c. relation
Dting thereuntq had, may more fiilly appear. And whereas afcer^
wards, to wi(^ on die Ane day and year af3|e(aid, at, &c. afore^
(aid, in confideration of one pound nineteen fhillings and feven
pence of lawful money, fcc. to him the faid defendai^t then and
there paid b^ the faid plaintiff, 'at theifpecial inftance and requefl:
<(f the (aid (kfendant, for th^ aflUrance of one hundred and thirty-
two pounds upon die follovving goo(fs, th^t is to (ay^ twenty-five
fetons barilla of No, i. to 2c, on boaVd the (aid &ip or ve(lel for
and upon the faid voyage in the (aid policy mentioned, according
to di^ tenor and eoFed, and the true intent and meaning of the
faid' writing or, ftc« he the faid defendant became an zS\xvtr f^r
the (aid funft qf one hundred and thirty-two pounds upon the faid
twenty-fiv^ (eirqps barilla for and upon the faid voyage, according
io the' triie intent and meaning of die faid writing or, &c« as
fuch aflurer; 'and' to the faid plaintifF then and there faithfully
promiTed, thit he the faid defendant would well and truly perform
^I and fingular the faid premifes in the f^iid wridng or, &c« coii*
gained on the ivirt and behalf of the alTurers to be performed and
fulfilled,
•46o ASSUMPSIT GENERAL.-.POUCIES or ASSURANCE.
fulfilled as to the (aid twenty-five feronf barilla, according to the
tenor and true izitent and meaning of the faid writing or, &c. (6
far as the faid one hundred and thirty*two pounds by him the fakl
defendant afiured and fubfcribed as aforefaid : and die (aid plain-
tiff in fa£l faysy that the faid {hip, at the time of the making of the
faid writing or, &c. was in fafety at Alicant aforeiaid, that is to
iay, at L. aforefaid, in the pariih and ward aforefaid, and that the
faid twenty-five ferons barilla were the proper goods of the (aid
plaintiiF, and were of great value* to wit, of the value of three
hundred pounds of lawful, ice* : and that the (aid (hip, with the faid
twenty five ferons barilla on bpard thereof, afterwards, to wi^ on
the (aid twenty-firft day of December in the faid 1771, fet fail
and departed from Alicant aforefaid on her faid vo^ge ; and that,
as the faid (hip was failing and proceeding on her (aid voyage with
the faid goods on board thereof, the (aid goods, before the arrival
of the faid (hip or goods at Havre de Qrace afore(aid, to wity citx
the firfl day of January A. D. 1772, by ftorms and tempefts, and
the violence and perils of the feas, were wholly loft, that is te
« (ay, at London albre(aid, at the parifli and ward afore(aid i of all
* which (aid premifes the 4id de(endant 'afterwards* to wit, on the
fame day and ypar laft afore&id* at, &c. afore(atd, had nocioei
and was then and there requefted by the faid plaintiff to pay to
bim the fumof one hundred and tMrty^two pounds (b as zfmbU
iiiibred ;. which (aid fum of one hundred and thirty-two pounds
he die- (sdd defendant, according to^ the form ano effed of the
laid wricAig Oiy &c. and of his promife aftd undertaking fo made
as aforefaid, then and there ought to have paid to the (aid plain-*
tiff. And whereas alfo (two hundred pounds money had ami jp*
ceived ; two hundred pounds money laid out and expended ; da*
mages two hundred pounds. } F. ButLCiu
^'''^'Tffur! LONDON, to wit, William Boys comidains of Charica
^^oeon eap"*^" Kenftngton, being in the cuftody of the li^rlhal of the mar(halfea
tain s coromif' of our To.vereign ford the now king, befof^ the king himfeif ; foe
jitons to arife ihgt whereas the faid Williw heretofore, to wit, on the tweptj-
fnm the flic of ^j^^^ Jay of Ajuguft in the year of Our Lord 17^4, at London,
^^^' in the pari(h of St. Mary le JSow in Hm^ ward of Cbeao^ accord-
ing to the ufage and cuftccn pf merchants, cauied to be made ^
certain writing or policy of a(rurances purporting thercbyi and
conuining therein (amon^ft other things)^ that John Owen
Parr (by the name an^ defcnptioo of Hr. John Owen Parr i^gentt
he the faid Jphn Owen Parr being the a^ent immediately employed
to €ffe& fuch policy), as well in his ovrn name iis for and in the
name and naifiesof'^sdl 4nd every other perfon or pei^i.s to whom
tbe fame did^ might, or (hoi|id appertain in part or in all, di4
make aifurance, &c. (here fet out the policy)} of which <fiad
writing or ppli^y of j^flunuice the (aid Charles afterwards, to wit^ .
on the (ame (day and year afore(aid, at irondon aforeiaid, in tbe
pmOi and ward aforciaid, had notices and thereupon aft^wards,
to
T
Dm ships and GOODS. 4««
to wit, on t^t ftmc day and year aforefaid, at Londdli aforefaid, Mutual pr*>
is^^the pairifh and wara aforefaid^ in confideration that the faid "^ ^**
tflTilliain, at the Cpecial indance and reque^ of the £aid
Oharles, had then and there paid, and cauied to be paid, to
Sie laid Charles, twelve guineas, that is to fav, the Aim of twelve
pounds twelve ihiinhgs of lawful money of Great Britain, as a
prcxnium and reward for the infurance of one hundred pounds of
i^nd upon the captain's commil&ons in the (aid writing or policy
k>^ amirance mentioned, and had then and there undertaken, and
to the faid Charles fiiithfully promifed, to perform and fulfil all
Khings in the faid writing or policy of aflurance contained on the
part and behalf of the aifured to be performed and fulfilled,* he the
Eud Chfirles Undertook, and to the iaid William then and there
faithfully promifed, that he the faid Charles would become an a/-
(urer to the £iid William in the faid fum of one hundred poun^ of
and upon the captain's commiffions in the faid writing or policy .
of aflurance mentioned ; and that he the faid Charles would per-
form and fulfil all things in the faid writing or policy of aflurance
contained on his part and behalf as fuch aflurer to be performed
and fulfilled, according to the form and effcA of the fiiid writing
or policy of aflurance ; and the (aid Charles then and there be*
came an aflurer to the faid William in the (aid fum oCone hundred
pounds in and upon the faid commiflions in the faid writing or
policy of aiTurance mentioned, and then and there fubfcribed the
<aid writing or policy of aflurance as fuch aflurer for the (aid fum
of one hundred pounds accordingly, to wit, at London afort(aid,
in the pari(h and ward afore(aid : and the faid William in fa^
Xthat the faid fhip or vefTel, in the (aid writing or policy of
aoce mentioned, at the time of the making of the (aid writ-
ing or policy of a(rurance, to wit, on the fan^e day and year afpre-
laidt was in good (afisty at Liverpool in the (aid writing or policy
of afliirance mentioned, and that a cargo of divers goods and
merchandizes were then and there loaded and put on board of the
laid fhip or veflTel, to be carried therein on the voyage in the faid
poSicy of a(rurance mentioned ; and that he the faid William, as
captain of the faid fhip or velTel, was interefted in the captain's
commiffions in the faid writing or policy of aflurance mentioned^
to a large amount, to wit, to the amount of all the money^ by him
eirer infured thereon ; and that the faid infurance fo made as afore-
faid was made to and for, the ufe and benefit, and on the account of
him the faid William, to wit, at London aforefaid, in the parifh
and ward afbrefiud : and the (aid William further fays, that the faid
Ibttp or.Teflel, with die (aid cargo on board thereof as aforefaid,
afterwardsy to wit, on the fame day and year aforefaid, did depart
and fet &il from Liverpool aferefaid, u{3on her faid voyage, to and
lor the coeft of Africa in die £iid writing or policy of a(rurance
mentioned } and that, after the (ailing and departing of the faid
fliip or reffel as aforefaid, and whiiii (he was (ailing and pro^
ceetiing in die courfe of* her (aid voyage in the faid writing or po-
licy of afliirance meationed, aid before her arrival at the coafl of
Africa,
462
ASStJMPStT ^ENtRAL^POLIciES 6f ASSURANCE.
Africa^ to wit, on the tenth day of September in the jcsr afore-
faid. the faid (hip or vefTel, with the (aid cargo, was, by aiAi
through the force and violence of the wind* and waves, and tke
mere perils and dangers of the Teas, broken, bulged, damagp^
wrecked, funk in the Tea and totallv loft, whereby the find emt^
miflions, in the faid writing or policy of aflurance thencioned^
belonging to the faid William as captain of the faid (hip or vcf^
fely became and were wholly loft to the f;iid William, to irit, at
I>ondon aforefaid, in the parifh and ward aforefaid ; of all which
faid premifes the faid Charles afterwards, to wit, on the (ame
day and year laft aforefaid, there had notice ; by reafon whereof
the faid Charles became and was liable to pay, and was then and
there requeued to pay to the faid William the fum of one huoclred
pounds (o by him infured as aforefaid ^ and which faid fum of
money the faid Charles then and there ought to have paid co the
faid William, according to the meaning and effed of the laid
writing or policy of aiTuraoce, and of his faid promife and un-
dertaking fo made in that behalf as aforefaid, to wit, at London
aforefaid, in the parifh and ward aforefaid. (Counts for mooey
had and received, laid out and expended, lent and advanced) : Yet
the faid Charles, not regarding his faid feveral promifes and un-
dertakings fo by him made as afore£iid, but contriving and fraudu-
lently intending craftily and fubtilly to deceive and defraud the
faid William in this behalf, hath not yet paid to the (aid Williaa
-the faid feveral fums cf money, or any or either of them, or any part
of them (although often requefted fo to do) ; but to pay the fiud (c-
veral fums of money, or any or either of them, or any part of them,
to the faid William, he the faid Charles hath hitherto wboDy
refufed, and ftill doth refufe, to the damage of the faid Willtam
of one hundred pounds ; and therefore he brings fait, &c.
I Am of opinion, tlut, in this cafe,
the plaincifT tiiis not much chance of re-
covering. There can be Kttle doubt, that
an tnfurance apon capttin*s commiflions
is a good infurable interett i but, in or-
der to recover upon fuch a policy, it is
abfoluteljr necefTiiy to prove that the
fobjed-matrer, from which thu com-
nuflion i» to arife, wai 00 board the Aup
at the time of the loTs. Jt it admitted
that the conuniffions intended 10 he ui«
Aired were to arife from the Cde of tfat
flaves $ atkl aathofe flaves were not ^
could not be on board at the time dike
loTs, J am of opinion the pfaintilf cancoc
recover \ but be will be enuckd to 9 re-
turn of premium.
A. Park.
Affumpfitln LONDON, to wit. Raphael Brandon complains againft
B. R.on a poli- William Halhed, being in the cuftody of the maHhal of the mar-
cy of infurance Qj^lfea of our fovercign lord the king, before the king htmfeif }
^ f^. **" for that whereas the faid Raphael, on the twentyfirft day of Ft.
wilh a f^iiaibruary in the year of Our Lord 1770, at Lomloo aforelaid, ia
waffaniythatthe the parifti of St. Mary le Bow in the ward of Cheap* according
goodi were fafe ^^ ^^ ufage and cuftom of merchants, caufed to be made a cer*
tiu fuch an hour ^j^ policy of infurance, purporting thereby, and contaimng
^^^^^%i therein, that the tiid Raphael, by the name of Mr. Raphael Bianr
out.
V Ok SHIf S and GOODS. 4*3
itoii9 as well in his own name as for and in the name and nanS^s of
all and every other perfon or perfons to whom the fame did, might,
ur Ihould appertain in part or in all, did make aflurance, and caufed
himielf aad them and every of them to be infured, loft or not loft,
«t and from Newcacftle to Bayonne in France, upon any kind of
goods whatfoever then loaden or to be loaden on board the good
Uaip or vcffel called The Speedwell, whereof was mafter under God
for that voyage John Cowley, or whoever dfe fliould go'for mat
Xjct in the laid (hip, or by whatfoever other name or names the faid
Ihip, or the mafter thereof, was or ftiould be named or called ; \
beginning the adventure upon the faid goods and merchandizes
frooi and immediately following the loading thereof aboard the
Cud ftiip at Newcaftle, and fo ibould continue and endure until
the iaid fliip, with the faid goods and merchandizes whatfoever,
Ihould be arrived at Bayonne afbrefaid, and the fame be there
iafdy landed } and it fhould be lawful for the faid fhip In that
voyage to ftop and ftay at any ports or places whatfoever, without
prejudice to that infurance i the faid goods and merchandizes by
agreement were and (hould be valued at 1. : touching
the adventures and perils which they the faid aflfurers were con-
tented to bear and did take upon them in that voyage, they wer«
of the feas, oien of war, fire, enemies, pirates, rovers, thieves,
jettizons, letters of mart and countermart, lurprizals, takings at
iea9 arrefts, reftraints, and detriments of all kings, princes, and
. people of what nation, condition, or quality foever^ barratry of
the maiier and mariners, and of all other perils, lofles, and mif« . '
fortunes that had or ihould come to the hurt, detriment, or du-
mage of the faid goods and merchandizes, or any part thereof;
and in cafe of any lofs or misfortune, it ftiould be lawful to the
aftiired, their factors, fervants^ and affigns, to fue, labour, and
travel for, in and about the defence, fafeguard, and recovery of
the faid goods and merchandizes,f^r any pare thereof, without pre-
judice to that infurance, to the charges whereof they the aflTurers
would contribute each one according to the rate and quantity of
his fum therein aflur^d ; and it was agreed by them the infurers,
that the faid writing or policy of infurance fhould be of as
much force and effect as the fureft writing or policy of infu- ^
ranee theretofore made in Lombard ftreet, or in the Royal Ex-
change, or elfewherc in London i and fo they the infurers were
contented) and did thereby promife and bind tnemfelves, each one
for his own, his heirs, executors, and goods, to the aflureds, tlieir
executors, adminiftrators, and afligns, for the true performance
of the premifes ; confeffing themfelves paid the confiJeration due
to them for that infurance by the infured, at and after the rate of
two pounds per cent } in witnefs whereof they the faid affurers
4lid fubfcribe their names and fums afl'ured in I-»ondon. JnJ by warranty fre^
Ae iaid writing cr policy of infurance, corn, fifh, fait, fruit, flour ^^^ average,
and feed were warranted free from average under three pounds ""**^*> *^
per cent, unlefs general, or the fliip were ftranded 5 fugar, tobacco,
faetnpi flax^ hidcb, and (kins, were warranted free from averao;e
under
»•
♦©4 ASSUMPSIT GENERAL.— POLldlEB of ASSURANCE
under five pounds per cent, and all other goods free Ihotn ave*
rage under three pounds per cent, unlds general, or die Qap
were ftranded. And it was by the iaid writing or policy m
toS^Lt fofe ^^"''^"ce declared, that the goods infiifed thereafter were wafw
tuifuchaday. I'^nted free from all damage till the nineteenth day of FeMm^
ary 1770, at twelve o'clock at night on Mondat ^ ff wUfll
iaid writing or policy of infu ranee the faid Wlmain afiow
wards, to wit, on the bid twenty-firft day of Februarj in iSm
faid year of Our Lord 1770, at l!london aroreiaid> in the parill
a^u ^* ^^ ^"^^^ aforefaid, had notice. JnJ diercupon afterwards, »
wit, on the fame day and year aforefaid, at the pariih and
aforefaid, in confideration that the (aid Raphael bad then and
t>aid to the faid WiUiam the fum of two pounds, as a
or reward for the infurance of one hundred pounds of add
, upon the premifcs in the (aid writing or poltcr of infiirancti
and had then and there undertaken and faithfully promHed fht
faid WiUiam to perform and fulfil all things in the (aid vrtk^
ing or policy of iniii ranee contained, on the part and bdudf if
the afTured to be performed and fulfilled as to the find goods
and merchandizes, he the faid William undertook, and to the
faid Raphael then and there faidifully promifed, that be die fiid
William would become an afTurer to the faid Raphael for fhs
fum of one hundred pounds of and upon die pfemiles men-
tioned in the faid writing or policy of infurance, and wotiM
perform all things in the faid writing or policy of tnluranoe
Gohtained, on his part and behalf to be performed and fulfilled
as fucfa afTurer as to the (aid one hundred pouds ; and the (Ud
William then and there became and was an aflurer to tfat^
faid Raphael, and then and there fubfcribed die find wricinr 01^
p >Iicy of infurance as fuch infurer as to die iaid tne btmdrcd
Arerment oTir. p >unds. JnJ the faid Raphael avers, that the fiud R^tphad as the
2'*^. J" ^ time of making the faid writing or policy of infurance, and ton-
jpiidaiS. ' ^ji^yjjjy fj-^jn^ thence until and at the time of the lofs hefeinaftnr
mentioned, was interefted in the goods and merchandises ioadeo
on hoard the faid (hip to a large value and amount^ id wit, t«^
the value and amount of all the money infiired thereon, to wit^ ar
Ship wrecM. London atbrefaid, in the parifh and ward afore&id. Jnd the ^td
Raphael further fays, that the faid fhip, after the bid nineteentti
day of February in the faid year of Our Lord 1770, to wit, oA
the twentieth day of February in die year laft afbraaid* upon the
high feas, by winds, ftorms, and tempefts, became and was
wrecked) foundered, funk, and wholly loft in the faid feas, and
the (aid goods and merchandizes of the faid Raphael were tfaerdiy
then and there funk in the feas and wholly loft, to wit, at Lon-
Koticttodsfai- don aforefaid, in the parifh and w^rd afore&id; #^Whick laid
^ "^' premifes the (aid William afterwards, to wit, on the fnft* day of
March in the faid year of Our Lord 1770, at London afbldaxd,
in the parifh and ward aforefaid, had notice} and was then and
there required by the faid Raphael to pay him the (aid fum €f one
hundred pounds, and which he tke (aid WiUiami according to the
fium
Om L I V E S. 46s
form andcfFeftof the faid writing or policy of infurance, and his
did promife and undertaking in that behalf made as aforefaid,
ought to have paid to him the faid Raphael. >/«</ whereas the faid ^jq^^-^ 2^
"William afterwards, to wit, on the fame day and year laft afore- neypaw/
iatd, at London afo'refaid, in the parifh and ward aforefaid,
uras indebted to the faid Raphael in other one hundred pounds of
lawful money of Great Britain, for fo much money by the faid
Raphael before that time paid, laid out, and expended to and for
theufe of the faid William, and at his fpecial inftance andrequeft;
and being fo indebted, he the faid William, in confideration
Chereof, afterwards, to wit, on the fame day and year laft afore*
iaid, at London aforefaid, in the parifh and ward aforefaid, un-
dertook, and then and there faithfully promifed the faid Raphael
to pay him the fatd laft mentioned fum of money, when he the faid
William (hould be thereunto afterwards requefled. And whereas 3d Count, Mo.
the (aid William afterwards, to wit, on the fime day and year laft ncy had and rc»
aforefaid, at London aforefaid, in the pari(h and ward aforefaid, «»v«<**
was indebted to the faid Raphael in other one hundred pounds
of like lawful money, for fo much money by the faid William
before that time had and received to and for the ufe of the
fiud Raphael ; and being fo indebted, he the faid William, in
confideration thereof, afterwards, to wit, on the fame day
and year laft aforefaid, at London aforefaid, in the parifti and
ward afordaid, undertook, and to the faid Raphael then and there
foithfuUy promifed to pay him the faid laft mentioned fum of mo-
oey, when he the (aid Wiiliam (hould be thereunto afterwards re-
quefted: mvirtbiiifs^ the faid William not regarding his faid fe- Commoft oo«.
vera! promifes and undertakings fo by him in form aforefaid made, " ^^
' but contriving, and fraudulently intending craftily and fubtilly to
deceive and defraud the faid Raphael in this behalf, hath not yet
paid him the faid feveral fums of money, or any of them, or any
part thereof, (although often requefted fo to do) but to pay the
&me he the faid William hath hitherto wholly refufed, and ftill
dota refufe, to the damage of the faid Raphael of one hundred and
(vfenty pounds i and therefore he brings fuit, &c. Pledges, &c.
Tho. Barrow^
Off LIVES.
LONDON, /. James AHan> late of, &r. was attached to Declaration, ^
anfwer Martha Meredith in a plea, &c. for that whereas the faid ^^u^^fc^^n
Martha heretofore, to wit, on, &c, at, &c. for her own ufe and ^ ^l^r, i^ti
benefit, had caufed to be n^ade a certain writing of aflurance, com- life cfone J. O.
monly called a poljcy of aflurance, purporting thereby, and con- *>y which they
taining therein, th^t in confideration of three guineas per cent. ^""** *^*™'
the receipt of which they thereby acknowledged, and according ^^ .^^^ ^J
to that rate for every greater or leffer fum received of the faid j.c.diedbelbie
Martha, by the name of M. M. of Chefter, they whofe names the expiration of
were thereunto fubfcribed did for themfelves feverally, and for the policy. j.G.
jheir feveral heirs, executors, adminiflrators, and afEgns, and not ^i«<J» a*^^ ^^^«n-
V^r T U k « ' dant refu(e4 |0
4W ASSUMPSIT GENERAL.— POLICIES of ASSURANCE
one for the other br others of theni| or for the heir$,
adminiftrators, and a/Ggns of the other or others of (heiB» aflbnie^
Eromife, and agree, that they refpedively, or their refpedive
eirs, adminiftratorS) and affigns^ (hould and would viell anl
truly pay, or caufe fo be paid, without any difpute, abatement, or
contention whatever, unto the fa!d Martha, her heirs, excciston,
adminiflrators, and afligns, by her own indorfenient theroon, die
full fum and fums of money which they had thereunto reipe&ivdy
fubfcribed, on the fQllowing conditions, that is to (tLfi in C4fe J. G.
efquire of Knowle Cottage, pear Wimborn in Dorfetfliire, war*
ranted in good health, {hould die or deceafe out of his natural life
by any ways or means whatfoever, (fuicideand the hand of juftice
only excepted,) at any time between the twenty-ninch day of Da*
cember 1785- and the twenty-ninth dfiy of December 1786, boch
days included, and during the lifetime of the bid Martha; but ta
cafe the faid Martha ihould depart this life before the abovenam-
ed J. G. that policy or obligation to be null apd void, otberwife
to be and remain in ful) force until the twenty-ninth day of De-
cember 1786, v^dued at the fum infured, as bv the (aid writing of
infurance, reference being thereto had, will fully appear; of which
faid writing of aifUrance the faid Jaires afterwards, tq wit, on the
JTaid twenty-ninth day of December 1785, at, &c. had nodoe:
and thereupon afterwards, to wit, on, &c. at, &e. in coD^dera-
tion that the faid Martha, at the fpeci^l inftance a^d reqaefl of
the faid J^mes, h^d then and there paid to the fi|id James the fuoi
ef three guineas of lawful money of Great Britain, as a premium
for the amir^nce of one hundred pounds of and upon the pre*
oiifes mentioned in the faid writing of afiVirance, and had under-
taken, and then and there faithfully promifed the (aid James to
perform all things contained in the faid writing of aiTurance oq
her part and beh^f to be performed ^nd fulfilled as fuch aflcired^
he the faid James undercook, &c, the faid Martha, that he tho
faid James would become an afTurer to the faid Afartha for the
£iid furp pf one hundred pounds of and upon the premifea men-
iiohed in the faid wrjcing of affurance, and that he would peifcm
and fulfil all things contained in the faid wfiting of aflltrance, to
be performed and fulfilled on his part and behalf as fuch afiurer for
the faid fum of one hundred pounds^ and then and there fubicribed
his name tp the faid writing of aiTurance as fuch ajTurer fer tfa^
faid one hundred pounds : and the (aid Martha in fa^uutb, tli^ the
faid J. Q. mentioned in the (aid writing of a^urance, at the tiQi^
the rifle in (he faid poVi^y contained commenced, to Wit, ga^ &x,
inclufive, was in good health, to wit, at Knowle Cottage, iotb^
iaic writing of afTurance mentioned, that is to £iy, 9U &c.: aoj
the faid MaVtha further fajch, tliat the (aid h Q» aUer the fu^
{wenty>ninth $|ay' of December 1785, apdbe^re the ^irtielbdaj
pf December 1786, and before the day of fuing forth the orupn4
yiv'it of the faid 'Martha, to wjc, pn, &c. at, ^c. djd die avid d^»
Cfale out of hi§ natural life, to wit, by a natural deatb« and aot
^y fuicidei or the hand of juilicei .of ^ which preaiiica the fai^
On L I V E S« 4l^
_ afterwards, to wit, on, &c. at, &c. had notice : and the
Aid Martha aver% that (he the faid Martha, at tht ti'rac of
tnakin^ the faid writing of afllirance, and alfo at the time of her
l>e;Comirig fuch aifured thereby as aforefaid, was inurejhd in the
lifi 9itd event fo thereby infured againfl as aforefaid, to a largo
amount, to wit, to the amount of all the money by her infured
tiiereoa, to wit, at, &c. 5 whereby, and by reafon of which feid
Several premifes, and according to the tenor of his promife and un-
dertaking aforefaid, he the faid James then and there became h'a-
b}e to pay, and ought to have paid to the faid M. the faid fum of
one hundred pounds fo by him afTured as aforefaid. And whereas,
&c. 2cc. (Money had and received j account ftated; comnrotl
condulion.) V. Lawbs,
LONDON, to wit. R. C. S. H. and J, M. aflignees of th6 Declaration at
eftate and eflFed^s of S. D. a bankrupt, according to the form and theCuitof aiSg#
cffed of the ftatutes made and now in force concerning bank- "««» ^^ • *^**
rupts, complain of R. B. efquire, being, &c. for that whereas ^^'^^^^^
the faid S. D. before he became a bankrupt, -to wit, on, &c. /^^^^ ^jth avcr-
caufed to be made a certain writing or policy of afTu ranee, pur- mcntofintereiU
porting thereby, and containing therein, that in confideration oiF
two guineas per cent, and according to that rate for every greateir
and leiTer fum received of the faid S. D. they whofe names were^
thereunto fubfcribed did for themfelves feverally, and for their fe-*
veral heirs, executors, adminiftrators, and affigns, afTure, pro*
tnife, and agree, that they, their heirs, executors, admin iftrators,
4nd aifigns, Aiould and would well and truly pay, and caufe to bb
paid, without any difpute, abatement, or contention whatfoeveri
unto the faid S. D. his heirs, executors, adminiftrators, and
aiiigns, by his or their indorfement thereon, the full fum and (urns
of money which they had thereunto fubfcribed, on the following
conditions; in cafe R. C. efquire, of Northumberland- ftreet,
3trand, (hould die or ceafe this life by any ways or means what-
foevcr, ('fuicide or the hand ofjuftice excepted,) before the death
or deceafe of the faid S. D. at any time between the f.frh of May
J 776 and fifth of January 1777 ; and the faid R. C, efquire W2(s
thereby warranted in good health the fifth of May 1776, as by the
(aid writing or policy of affurance fully appears ; of which faid
writing or policy of aflurance the faid defendant afterwards, to
^it, on, &c« at, &c. had notices and thereupon afterwards, tq
Vi'xt^ oh, &c. at. Sec. in conftderation that the faid S. D. before
he became a bankrupt, at the fpecial inftance and requeft of the
iaid defendant, had then and there paid to the faid defendant the
fum of four guineas, as a premium or reward for the aflurance of
(wo hundred pounds of and upon the premifes in the faid writing
or policy of alFurance mentioned, and had undertaken and finth*
fully promifed the (aid defendant all things in the faid writing or
policy of aiTurance contained on the part and behalf of the aflured
to bp performed and fulfilied, he the faid defendant ^ndertook^ and
46f ASSUMPSIT GENERAL.— POLICIES of ASSURANCE
then and there faithfully promifed the faid S. D. that he the laid
defendant would become an aflurer to the faid S. D. for the faid
fum of two hundred pounds of and upon the premifes in the (aid
writing or policy of aiTurance mentioned, and that he would per-
form and fulfil all things in the (aid writing or policy of aiTurance
contained, on his part and behalf to be performed and fulfilled as
fuch aiTurer as to the faid two hundred pounds, and then and there
fubfcribed the faid writing or policy of afTurancc as fuch aflurer for
the faid fum of two hundred pounds: and the (aid plaintiffs, as
affignees in form aforefaid, further fay, that he the faid S. D. ac
^he time of the making of the faid writing or policy of afTurancCy
and from thence until the time of the event hereinafter men*
tioned, was iiiterefted in the faid premifes and event, in the (aid
yrriting or policy of aiTurance mentioned, to a large amount, to
wit, to the value of all the monies by bim ever aflured thereon ,
and that the faid aflurance, fo made as aforefaid, was made for the
jfaid S- D. in his own name and for his ufe and benefit, to wit, at,
^c. : and the faid plaintiffs, as aflignee§ in form aforefaid, further
fay, that the faid R. C. was in good health on, &c. to wit% at,
^c. : and the faid plaintifi^s, as afiignecs in form aforefaid, furthrr
fay, that the faid fl. C, in the faid writing or policy of affurance
mentioned, afcer the making of the faid writing or policy of af*
furance, apd before the bankruptcy of the faid S. D. and before
the day of exhibiting the bill of the faid plaintiffs, as afSgnees in
form aforefaid, and before the fifth of January 1777, to' wit, on^
&c. at, &c. departed this life, and then and there died a natural
death, and not by fuicide or the hands of juftice, the faid S. D-
then and flill being living, to wit, at, &c. ; of all which faid pre-
mifes the faid defendant afterwards,to wit,on,&c.at, &c. had notice,
and was then and there recjuefted by the faid S. p, before he be-
came a bankrupt, to pay Hinto him the faid two hundred pounds
fo affured as aforefaid, and which faid two hundred pounds the
iaid defendant ought to have paid to the faid S. D. before
he became a bankrupt, accordjng to the form and effeS of the
faid writing or policy of aflu ranee, and his faid promife and ur*
dertaking fo made as aforefaid. (ad CouRt like the fird, only
flaling if R. C. (hould die before S. D. any time before th^
fifth cf January 1777. 3d Count, in confederation of premium,
and that S. D. had warranted R. C. in good health on the fifth of
.May 1776, undertook, &c. in cafe R. C. ihoulddie before S. D.
^ny time between the fifth of May 1776 and fifth of January
1777, 4th Count, of premium, and S. 1). had warranted R. C.
*n good health pn the fifth of May 1776, undertook, &c. ifR,C»
|hould die before S. D. apd before the fifth' of January 1777.}
peclaraticn on 4 JjONDON, to wit. J. G. late of London, merchant, was
poiicy of aifur attached to antwer T. L. B* efquire, in a plea of trefpafs on the
W. I aiik, jnpjjfg^ And thereupon the faid 1*. by A. B. his attorney, com«
cafe an nftictr "^ ■' ''
piDuId dje betwc;n »$th March 1769 and Z5th March J776 mdufivcy and a further premium of three
vts centf if w%F ihouid be declared*
On 1 i V E ^. 469
|>lains, tot that wHercas the faid T. on the third day of April
1769, at London aforefaid, to wit, at, &c- had caufed to be made
a certain writing or policy of afl'urance, containing therein, that
in confidcratlon of twenty-one podnds per cent, and according ta
that rate for every gfeater or lefs fum received by the feid T,
they whofe names were thereunto fubfcribed did for themfelves
feverally, and their feveral heirs, executors^ admin iftrators, or
afligns, and not one for the other or others of them, or for the
heirs, &c. of the other of them, engage and promife that they re-
fpedlively, or their refpe(Stive heirs, &<i. (hould and would pay,
or caufe to be paid, to the faid T. his executors, &c. the fum and
fums of money which they had thereunto refpedively fubfcribedj
•without any dediiftionof, or in any refpeft, caufe^ matter, or thing
whatfoever, In cafe colonel E. W. (hould die or ceafe this life by
any ways or means whatfoever, (fuicide or the hands of juftice
excepted^) at any time before the end and determination of feven
years, commencing the twenty-fifth of March 1769, and ending
the twenty-fifth of March 1776, both days inclufive, provided the
tsLid Thomas ifaould be living at the time of fuch deceafe, other-
"wife that aflurance (hould be null and void, as by the faid writing
or policy of aflfurance fully appears ; and it was then and there
agreed, that in cafe war ihould be declared, and the faid colonel
E. W. ihould go abroad on military duty, that the underwriters
fhoUld receive afterwards a premium of three per cent as by the
faid writing or policy of aiTurance more fully appears; of which*
faid writing or policy of aflurance the faid J. G. afterwards, to
wit, on the faid third of April 1709, at London aforefaid, &c. had
notice ; and thereupon afterwards, to wit, on the fame day and
year aforefaid, at L. aforefaid, in coniideration that the (aid Tho-
mas, at the fpecial inftance and requclt of the faid Johnfon, had
then and there paid to the faid Johnfon the fum of forty- two pounds
as a premium and reward for the alfurance of two hundred pounds
of and upon the premifes mentioned in the faid writing or policy
6f alTdrance, and had undertaken and faithfully promifed the faid
Johnfon, to perform and fulfil all things in the faid wri:ing or po*
licy of aflurance contained, on the part and behalf of the afliired
to be performed and fulfilled, he the faid Johnfon undertook, and
to the faid Thomas then and there faithfully promifed, that he the
faid Johnfon would become an afTurer to the faid Thomas for the
faid mm of two hundred pounds of and upon the premifes men-
fioned in the faid writing or policy of aflurance, and that he the
iaid Johnfon would perform and fulfil all things in the faid writing
or policy of aflTurance contained, on his part and behalf to be per-
formed and fulfilled as fuch affurer as to the faid two hundred
pounds, and then and there fubfcribed the faiid writing or policy of
aflurance for the faid two hundred pounds : and the faid T. fur-
ther fays, that war was not declared, and that the faid Edward W.
in the faid writing or policy of a(rurance mentioned, did not go
abroad on military duty at any time after the making of the faid
writing or policy of atiuraacc; and the faid T. further fays, that
H h 3 tne
40rq ASSUMPSIT GENERAL.^?OLICiES of ASSURANC^
the £iid E. W. in the (aid writine or policy of aflurancc mcs*
tioned, after the making of the laid writing or policy of afiurance*
and before the day of fuing out the original writ of the (aid T. to
wit, on the iirft of May 17719 at Lor^on aforefaid. in the parifli
and ward aforefaid, departed this Itfe^ and then and there died a
natural death, andhotbyfuicide or the bands of-juft ice; of all which
faid premifes the faid J. afterwards, to wit, on the fame day and
year hft aforefaid, at, &c. bad notice \ and was then s:nd there re-
quefted by the faid T. to pay to him the fum of two hundred pounda
fp infured by the faid J. as aforefaid ; and which faid fum of two
hundred pounds he the (aid J. then and there ousht to have paid
tp the (aid T. according to die form and efEcSt of the faid writixi^
or policy of aflurance, smd of his (aid pfomi(e and undertaking b
id Coaht„ ift m-^je ^5 aforefaid* Jnd wberegi alfo afterwauis, to wit, on the
STt^'^^'S ^*'^ ^^'^^ ^^ April 1760, at London aforefaid, in the p^ifli and
had paid 42!. to Ward aforefaid, in confideration that the faid plaintiff, at the like.
defendant, and fpecial inftance and requeft of the (aid. defendant, had then and
pfomifed to pay there paid to the (aid defiendant another Aim of forty-two pounds^
3 ^ ^1^' '^ and had undertaken and (aithfuUy promifed to pay tohina the further
he dcdaivd ftc ^^^ ^^ three pounds per cent, in cafe war (hould be declared^ and,
the faid Edward (hould go abroad on military duty, he the (aid
defendant undertook, and then and there faithfully promifed the (aid
plaintiff to pay to him another fum of two hundred pounds, iacaie
the faid Edward (hould die or ccafe this life by any means or ways
Mrhatfoever, (fuicide or the hands ofju (lice excepted J at any time
before the end and determination of feven years, commencing the
twenty*(ifdi of March 1769, and end mg tbe twenty-fifth of March
$776, both days included, provided the faid Thomas (boiUd be
living at the time of fuch deceafe : and the faid plaintilF further
(ays, that the faid Edward, after the making of the (aid laft-men^
tioned promife and undertaking of the faid defendant, and before
the day of fuing out the original writ of the f^id plainiift^ to wit,
on, &c. at, &c. died a natural death, not by fuicide or the hands
of juftice; of all which faid premi(es the faid defendant afcerwards,
to wit, on, 5cc. at, &c. then and there had notice, and was then
and there reque&ed by the faid plaintiff to pay to him the further
fum of two hundred pounds fo infured by the faid defendant as laft
aforefaid, and which faid laiUmentioned fum of two hundred
pounds he the faid defendant ought to have paid to the faid plaintiff,
according to the form and efFeft of his faid promife and undeftak*
ing fo made as aforefaic. And u/benasy ^c» (Money had and
received} and breach to the whole.)
Against F I R £«
luit o{ bank- LONDON, j: Samuel Oldham and WiUi^ia Cooper, af-
rnpi't aifignecs (ignees of the cftate, &c. of William Ingram, a bankrupt, aninft
againii the fab* Calverly Bewick, James Haughton Lattefton. and WilUam God-
Icribirff direc- o » »
ion ( f tic Sun Fire-office, for a loii fuflabCMd by the batikrupc.
Against FIRE. 47»
frey, dquire^ ; fdr that whereas by a certain cleed poll, or pO«
If cy of imurance, rftade by the faid Calverly, James H. and W. O^
^n, &c. in, &c. (which faid deed, fealbd with the refpedive feals
of the faid Calverly, &c. bearins date the fame day and year afore*
laid, they the faid Samuel and William Cooper npw bring into
Court here) reciting that the faid William Ingram, by the nam^
^nd addition of William Ingram, of^ &c. linen and woollen-draper^
fiofier and haberdafher, having paid the fum of two pounds eleven
fiiillings to the Society of the Sun Fire-office, in London, an4
having agreed to pay, or caufe to be paid to them, at their faid
office, the fum of one pound feventeen (hillings and fixpence, oni
Bee. and the like fum of one pound feventeen millings and fixpence
yearly and every year during the continuance of the faid policy
Ibr inftlrance from lofs or damage by fire on his houfhold goods, iil
hi^then dwelling houfe only, fituate at, &c. brick and tile, not ex*
eeeding feventy pounds, and on his utenfils and ftock therein only^
not exceeding one thoufand four hundred and thitty pounds, they
the fiiid Calverly^ &c. did covenant, that from tne date of the
faid poliey, and (b long as the faid William Ingram fhould duly
p^\r, or catife to be paid, the faid fum of One pound feventeen
IhiUings and fixpence, at the times and places aforefaid, and the
tfuftees or afting members of the faid Society for die time being
ibould agree to accept the fame, the flock and fund of the fail
Society fhould be fubjeA and liable to pay to the faid William In-
gram, his executors, adminiftrators, and afSgns, all fuch his da*
mages and lofs which he the faid William Ingram fhould fuffer by
fire, not exceeding the fum of one thoufand five hundred pounds^
according to the exzA tenor of their printed Propofals, dated on^
&c. And the faid Samuel and William Cooper further fay, that
the printed Propofals in and by the faid deed mentioned and al*
Itided to, are as follows, that is to fay, January 6, 1766, Pro-^
po£il$, &c. &c. (the whole of the primed Propofals w^re here
let forth, expreffing the amount of the Society's flock, rates of
Stifurances, 5cc. but the only pafTages applicable to the aftion are)
Article fixth. To prevent frauds^ &c« &c. Article feventh. No
lofs, &c« &c. Article tenth, Perfons infured, &c. &c« as by the
faid deed and Propofals, relation being thereto had, more fully ap-
pears. And the faid Samuel and William Cooper, affignees as
aforefaid, srver, that the faid William Ingram at the time of the
making of the faid policy of affurance, and from thence until the
lofs and damage her^fter •mentioned, was interefled in the faid
infured premifes to a large amount, to wit, to the amount of ail
the nfioney by him infured, or caufed to be infured thereon, to wit»
at, &c» and that houfhold goods, utenfils, and flock to the
laid amount, continued and remained in the faid houfe until after-
wards, to wit, on, &c. the fame were burnt, confumed, and
deftroyed by fire, which did not happen by any invafion, foreign
etiemy, civil commotion, or any military or ufurped power whut-
foever i whereby the faid William Ingram fuflained damage to a
large amount^ t6 wit, to the amount of the money by hhp thereon
H h 4 ailuredi
4?i ASSUMPSIT GENERAL.— POLICIES of ASSI/RANCC
aflured, to wit, at, &c. And the fatd Samud and VTil^
liam Cooper further (ay, that the faid premifes in the £ud
deed or policy mentioned, at the time cf the making of the
faid deed, were not, nor at any time fmce have been iafured
in any other office ; and that the fame premifes in the faid
deed or policy mentioned, were infured at a lower premium
than propofed in the tahle in the faid Propofals mentioned. And
the faid Samuel and William Cooper further (ay, that the faid
William Ingram did forthwith after the (aid lofs, Co wit, on, &c.
at, &c. give notice thereof to the faid Society, at their faid office^
and alfj as foon as poflible afterwards, to wit, on, &c. did there
deliver in as particular an account of his faid lofs and damlge as
the nature of the cafe would admit of ; and did then and there
make proof of the fame by his oath and affidavit in wridog, ac«
cording to the form pradtifcd in the faid office, and by fuch other
proper vouchers as were rcafonably required. And the (aid Samuel
and \\ illiam Cooper further fay, that the minifter of the pariih
Qf, &c. in which the aforefaid dwelling- houfe of the (aid William
Ingram was fituate, long before, and at the time of the lo($ here-
in before mentioned, dwelt and refided at a difiance from and out
of the faid pari(h, and was and flill is wholly unacquainted with
the charadler and circumftances of the faid W. Ingram, and
wholly .unable to make fuch certificate as by the faid policy is re*
quired; but that the fiid William Ingram afterwards, to wit, on^
&c. at,&c. did procure, and did deliver at the faid office, a certificate
under the hands of William Thomas Lecoq, &c. &c. then, and
at the time of the faid lofs, being reputable inhabitants of the (aid
parifh, who were not concerned in the faid lofs, importing, that
they knew the faid W. 1. late of, &c. linen-draper, and did be-
lieve that he by mi$;fortune, and without fraud, did, on, &c. fuf-
> tain a oondderable lofs and damage, by his dwell ing-hou(e and the
fiock and effedts thereon, or great part thereof, bting confumed
by fire ; of all which faid premifes the faid Calverly, &c. after-
Wards, to wit, on, &c« had notice from the faid William Ingram*
And the faid San\uel and William Cooper further fay^ that the
(aid William, berore he became a bankrupt^ and the (aid Samuel
and William Cooper, affignees as aforefaid, fince the time of the
faid W. L became a bankrupt, have always been ready and willing
to fubmit all matters in diir'erence between him and them rcfpcc-
tively and the faid office touching the faid lofs to the arbitration
of arbitrators, indifferently to be chofen between them. And the
faid Samuel and William Cooper further fay, that although the
faid W. I. before he became a bankrupt, and the faid Samuel and
William Cooper, affignees as aforefaid, fmce the faid W. I. be-
came a bankrupt, have refpedlively in all things conformed liim-
felf and themfclves to and concerning all and fmgular the ftipula-
tions, matters, or things^ which on his or their parts were to be
obfervcd and performed to the utmoft of their power, according
to the form and tfft&. of the faid deed or policy of infurance, and
of the faid Propofals : and altliough the ftdck ot fUod of the laid
Sucietj
AcAiKsT FIRE. 47 j
Society alvtrays hath been and yet is fufficient to pay the faid lofs
fuftainedby the faid W. L by reafon of the faid fire, yet tlie faid
W. I. before he became a bankrupt, was not, nor have the faid
Samuel and William Cooper, afTignees as aforefaid, at any time
ilnce the faid W. L became a bankrupt, hitherto out of theftock
and fund of the faid Society, or in any other manner, been repaid
or reimburfed the faid lofs, or any part thereof, but the fame and
every part thereof is ftill wholly in arrear and unpaid, contrary to
the form and efFe6i of the faid Calverly, &c. by them in that be-
half made as aforefaid : and fo the faid Samuel and William'
Cooper, aflignecs as aforefaid, fay, that the faid Calverly, Scc^
(although often requefted) have not kept with the faid W.I. be-
fore he became a bankrupt, nor with the faid Samuel and William
Cooper, affignees as aforefaid, fince the faid W. I. became a
bankrupt, the covenant made between the faid W, I. before he
became a bankrupt, and the faid Calverly, &c. in that behalf as
aforefaid ; but the faid Calverly, Sec. have broken the fame, and
ftill refufe to keep the fame with the faid Samuel and William
Cooper, ai&gnees as aforefaid, to the damage, &c. &c.
Firft, Ncn eft faStum. Second, Jl^io non^ Becaufe they fay, pj^
that the (aid houfbold goods, utenfils, ftock, and goods in pledge,
befides plate, jewels, and wearing apparel, china and glafs, in the
€ud declaration mentioned, and by the faid plaintiffs above fup-
pofed to have been burnt, confumed, and deftroyed by fire in the
faid dwelling-houfe, were not, nor any part thereof burnt, con-
fumed, or deflroyed by fire in the faid dwelling-houfe, in manner
and form as the £iid plaintiffs have in their faid declaration above
alledged. And of this they put themfelves upon the country, &c.
Thirdly, AStio non^ Becaufe they fay, that the faid dwelling-
houfe at the faid time, when, &c. in the faid declaration men-
tioned, was fraudulently fet on fire by the faid plaintiffs, with in-
tent to defraud them the faid defendants. And this they are ready
to verify. Wherefore, &c. if, &c. F. Buller^
Tbif declaration is in covenant, yet I der Aflumpfit ; but the Audtnt will find it
have giYcn it here as if policies of aiTu- under its proper head, Cotsnakt» In
lance wta a diftind head not cUfled un- the Ik sax.
XKD OF TH£ FIRST VOIUMS.
I N D E X.
GENERAL DIVISIONS OR HEADS, AND LEADING
TITLES IN THE CIVIL DIVISION-
ABATEMENT^PLEAS IN.
ANALYSIS.
i. To the Jurifdiaion. ) /j\
!• Local. J
# Local 7
n. ) and J Of Privilege 1
I Tranfitory. \ i ^' By R^afon of Dignity of Pcrfon J (a)
12. Defenoant's Office J
II. To the Pcrfon '\
!• Of plaintiff.
I. In Difability — (Itt Puis Darrein Continuance).
That PUintiff is f i. Abjured.
2. An Alien.
3. Attainted {See Conviflicd).
4. Baftard.
5. ConviiSied of
ti. Felony, j
J 2. Popifli Recufaocy^ \
(3)
I i3' Not going to Church.
6. Excjbmmunicated..
7. Moilk.
8. Out Wed.
9. Waived.'
Ljo. Villeiii.
t. Baron and Feme. (4)
3. Coverture. {$)
4. Executors and Adminiftratdrs. (6}
5. Heir. (7)
6. Infant. (8)
7. Joint ContraSors {See PartneriJ* (9)
8. Jointenants and Tenants in Common (5«Non- 1 .^.
Tenure— Sole Tenure. - - - J Vi^^
9. No fuch Perfon in being. (11)
10. Other Perfonsnat aamed (S^^ Executors andAdmi- ? /,^t
niftrators). i ^**<
11. Partners (S//. Joint Contractors^), (13)
a. Of Dcfiendant. \(ia)
2. Baron and Feme. ?^ ^'
a. Coverture. (15)
z» Executors and Adminiftrators (5^^ other Pcrfofls not J ,,.
^ named). H^^J
4. Heif. (17)
<• Infancy. (18)
o. Joint ContraSors (J^^ Partners). (19)
7. Jointenants and Tenants in Common {See Non-7 / \
Tenure— Sole Tenure). 1 ^^^^
6. Partners {See Joint Contra^ors). (2i)
III. To
iNDEX TO LEADING f ITLES OR ri|ADS'
ffi; To tlie Writ and Connt. -y
1. Tq the Form of the Writ > {%%)
i. Addition of 3
1. Plaintiff, n
2. Defendant, L ^23)
3. Place. 3
" iSrS^' jMi-priSo. .f (a4).
3. Mifnomer of -^
1. Plaintiff, / . .
2. Defendant, C '^-5;
3. Place. 3
4. Mifprifibn of |
1 he Vill or Hamlet, Pairifli, Hundred, and \ f iM
County. J ^
K. Nofuch VilL (27)
6; Variance ^
1. Between the Writ and' j
1. Declaration* ' ^
2. Specialty. r (*•/
3. Teftament. !
4' Letters of Adminiftration. J
' 2. Between the Plaint and Declaration, f 26)
1 To the ASlVm of the Writ. I ^
1. Adion mifconccived. i ^^^
2. Another Caufe of Action depending. (31)
3. Things done after the original Purthafe, and exhibit- 1 , ^
ing Bill. j (3*)
4* Non-Summons. (33)
5. Non-Tenure. (34J
6. Sole Tenure. (35)
picas in Abatement,—!. Pun darrein C%ntinuance, (36^)
i 1 n ^are Impedit, (37)
3. In Replevin. (38)
4. In 5r/r^ Facias, (39)
Demurrers to Pleas in Abatement. I^See Demurrers to Pleas.)
Judgments in Abatetnent. [See Judgments.)
rioccfs in (5^^ Pradlical Forms).
I. Jurifdiftion. (i)
J. Local.
Vol. PRBciDEirrsnf
I. Books I'/'Pii ACT let,
f^^e , , , , REPORTEas, &c«
ig« The jurifdiflion of the feflions for the Tower Hamlets
pleaded in abaceinent of an indidlment at the Middlefex
feflions {See Crlmitial Divifion, fo/},)
x8. pica in sbatrmcnt to an indiSiment in £.R. that thehoufe is
in the parifti of Tiverton, which is chartered by letters
patent from Geo* I. authorizing a ma^^or^ recorder ^ 2ec. to
tab
IN THE CIVIL DIVISION.
%foi*^ Precedents/*
1* Books^Practici :
fagm ^ K£PORT£RS, &C.
take cognizance of all things within the pariHiy and eir-
cladingjullices of the county. {J^ee Criminal Divilion.)
Demurrer, and joinder, {^ee Demurrers to Pleas).
45. Plea to the jurifdidlion of B. R. that x^^'vtnut is within the
principality of H'aies, and that defendant ought to be
impleaded in the court of great feffion,
49. Plea^ that the caufe of a^ion accrued within a county p^a^
time,
49. Plea in trtfpafi to the jarirdidion of B. R. that the caufe of
adion aroie in the great feffions of Wales.
CI. Plea ofantient demejnet and that the lands are pleadable io
the court of the manor.-* Similar plea,
51. Plea, that the a6lion arofe out of the jurifdifUon of Ely.
ibo. Plea to the jurifdidion of an inferior court ; Replicatioa
theretOj that the caufe of a^ion accrued within the jurif«i
didion.
68. Plea to the jurifdidion^ that the caufe of adion arofe in
IVaUs.
69.78. Plea, that thecaafeof a6lion arofe out of the jurifdiiTtion*
79* Plea in abatenient to the jurifdi^lion, a tufiom in tbt
city of London to count upon a concefjit fohoere in the
mayor* s court, where the debt is not a fpecialty ; judg*
m'ent of refpondeas oufter (See Judgments in Abate-
ment).
In ejedment, that lands are parcel of the manor of B. which
isf ancient demefne ; B. R. demurrer with caufes ; join*
der, continuanc ; judgment, reJf>ondeaj oafter, • • 2, R. P. B. R. 37
plea to the jurifdidion of court or B. R. in Wales ; demur-
rer thereto, and joinder, . • • t.Wd^.igjM
The jurifdidion of the court of admiralty pleaded, i. Mod. Ent. 2. tiifi. 17,
That the adlion accrued out of the jurifdi^ion of the marihalfea court, to wit, at LI
and not S. 3. JnJI, Cl. 14. 2. A^o. Ent, 1.
7hat tenements are impleadable in the court of Chefter, Rob, Ent. i. 3. Inft, CL
14. £r. F. M. 473. Demurrer, for that plea is after imparlance, a. Mo.
Int. I.
That lands are held in ancient demefne ; replication, that they are held in fep at
common law, Br. Red. ^o^. 3. Injf, Cl. 9, 2. Mod. Ent. 2. and held of a
manor in right of the church, Ra, Entr. 101. Fet, Intr. 91.* Finch, 6c,
That tenements are impleadable in the manor court, J^r. R, 504. 3. Ittfi. CL 8*
Tho. 2, 2. Mo. Int. 2.
.That locus in quo is within the cinque ports, Br. R, 475. ^. Jitfi, 7^ 2. Mo. Int. 2.
I. Br, 163. JJf. 352. Mooret Z';6* Her. 7. Jurifdiflioo of the admiralty
pleaded, Chf. 17.
That the land is held of the king as of his manor of B. which is apcic^ demefm ;
replication, that it is held of a corporation impleadable at common law, i. Bro, \.
That the place, and ^\ other the lands in the m$inor, are held of the kin;r> and
impleadable in the manor court, and not elfewhere ; replication, that the pFace it
pleadable at common law, Tbomp, 2. 3. I^fl. CL 8. Hauf. 103.
That lands are held of the manor of B, which are antient demefne, Tbomp. a.
Mo. Entr, 249.
' T^at land is within the manor of C* and which is held of £• as of the manor of N.
which is fituate within the manor of C. which is held of a prince, and part qftbi
fntnty fsUa^ine ofChrfier i 'vd that all lands, as well within U^c cowot^of Chefter
INDEX TO LEADING TITLES OR HEADS
it withoot tke coanty. are held of earls of Chefter* and are im Readable befipra
jttAices there, and not el fe where ; demurrer* RoS. Entr. u l»{tr. CL 14.
J5r*. F. M. 473. Ra. Entr. 419. Fet. Intr, 33.
Trefpafs that/tfcia in ^m, ^c. ia wichia the dftqut poitty 3^ /4^. CL y, Br. R,
fartition that tenements are held of the nanorof B* which is ancient demeAic, and
im pleadable in the court of the manor by writ of right ; replicaaoq, that
plaintiff's great-grandfather held tenements of the king as of his caftle of W« in
free focage ; and traverfes, that they were held of the manor* AT/. Bmt» ^XJ*
Tre/ifofs that lands are ancient demefse ; repUcation> that a fine was levied 10 R« i
rejoinder, that the dofe in the dedlaration is not contained in the fine, Herm 3ci«
jiJhuzS^, Tbomp* 347. Br. R. 504.. Rob. Ent. z^o, ; rejoinder, that after
the levying R. fued out a writ of right clofe of the faia lands, and proTecuied lift
the court of the manor, Tbomf^ 34S.
That the hoofc and clofe were pared of the manor of D. and are held of the ttrnt
manor, which is antient demefne, 3. Infi, CL 19.
Jtationabili parti of lands in B. R. againft the chamberlain of Cbifttr^ 9/ Utmds im
Chefier, who prays judgment if tie ought to anfwery and jndgncat that be aofwcr,
|. 7^.213.
Debt on bond that defendant is a tiwfr, and thnt the fpecialtjr wai made 'Ufithin lAf
Jiannary^ where, and notelfewhere, he ought to be impleaded, i. Br. 93. Privi-
lege of member of parliament pleaded, Br. 167,
Aifize of two acres of land ; plea that one acre is held of a manor which is of
ancient demcfne, and another acre of another manor, which ia nUb antient
demcfne ; trial by Doomfday Book, RtL. Etitr. 5S. Fet. Iittr. 151.
Trefpafs, that the locus in quo ia tbe new affignment, and all the other landa in the
vill, are held of the manor, which is antient demefne ; replication, that tbe hems
is impleadable at common law« H$r* 733.
That all the tenements in the vill are impleadable in the GnildbaU there by wrk of
rights and dcvifable, Ra. Entr. 375. fV#« /mr. 91.
% Local and Tranfitory (a).
Of P«.iy|L^oi — By Reafon
J I. Of Dignity of Pcrfon; and
C 2. Of Dpicndaat's Office.
Vol*.
I.
I. Plea of privilege of defendant m cUrk tftU trr^t to tha
chief jaftice of the court of C. B. pleaded to an a^on in
B. R,
4. Replication tn a plea of privilege by an mttwney of the
C B. in an a^ion brought in B. R that plaintiff is an
attorney of B. R. and as fach impleaded defendant in
B. R. by attachment of privilege.
5, 6. Plea to the jurifdidxon of the court of C, B, of privilege
by a fworn clerk in the lord treafurer's remembrancer's
office in the exchequer, fued here, and Opinions ; with
judgment of quajftur biUn for the defendant.
|6, Plea in abatement that the bill is filed againft defendant ag
a common perfop, <^nd not as dtrk t9 tbe chief cluri.
iN THB CIVIL DIVISION.
Wotm ?KtQZt9VVtim
I« Booki^Paactici,
J^age &BPOJiTiKn &^
2LQ* Plea of privilege of an attorinyM a farimr with another
attorney^ one of B. R. the other C. B. (^^# Partner
Defendant, /^; J,
33* Plea of privilege bv an attorney fued by affignees of a baiU
k^nd given by hiQi> and proceeded agaiiUl as a common
perfon ; and Opinion.
39. Plea to the jurifdidion of privilege by an attorntf of C. Bf
to an ad»Qn brought a^ainft him in B. R.
Heplication to a pleafimilar to the laft, that the plaintiff is
an attorney of B. R. and as fuch impleaded the defendant
in B. R. by attachment of privilege.
^1 • Plea of privilege by an attonuj of B. K. pleaded to an a^lon
brought againil him in that court as a common perfon ;
withTMotes,
47. Plea» that defendant is an attorney of B. R. and ought not to
be declared againil in the cuflody of the marfhal.
48. Plea by attorney fued in B. R. that he is aa attorney of
V. Bt
5 3.64. Plea by an attorniy of C* B. that he id impleaded by origin
nal writ, and not by bill {See Plea to the Writ, fcfl.).
That defendant ij| a filazer of B. R. an4 fuable by bill only, LiU.
Ent. 6* ... * 9*R.P. B. R. It
J L ' an attorney of C. B. lilL Ent* 3. Jb. 16
That defendant is a prothonotary's clerk, and fuable by bill only,
and not bv writ, - - - - 3« R. P. C B« {
That defei^oant is %n attorn^ of C, B- to an a£lion in B. R« Lili.
Ent, 9. - ^ - - « • - lb, 9
Defendant pleads his privilege of a Sxty clerk in chancery ; 1. JPllJ. Rep. zzm
plaintiff replies, (hat the defendant was difcharged out of
prifon under the Infolvent Debtors A^, and his office
afligned to the clerk of the peace for the benefit of the
creditors : upon demurrer, judgmAit for the plaintiff ;
firft, the defendant has concluded hio^f^^if to fay he has not
adigned his office, becaufe it appears by the replication
that he has ; fccondly, defendant ought tQ have alledged
that he is actually attendant on his o$ce.
pleaf that a (erjeant at law ought to be fued by original,
and not by bill ; general demurrer and joinder, - PI. jtff, |o<|
^lea in abatement \o the writ, and declaration in ai> attach*
ment of privilege for a prothonqtary of C, B, - !• Ld. Rajm» 289
That the defendant is an attorney of C. B, i. JMSm/. int. a^
A piea of privilege that the defen4«it is a filaawr of B. R. i. Mod. Emt. 4.
P|ea to the jufifdiQIon of the court, that tl^e defendant is an attorney of C. B»
i.McdmBmt.iu Liiljf, ^,
for a meffenger of the exchequer tjjr his privilege, | . Mod, Ent. 11 • Ple4 ii^ahat&r
ment by privilege of the exchequer, 1. Mod. Ent. %2. Lnt. 44*
That defendant is a baron ^jft^ffdnqueforttt vyhere,and not el^where, he ought to
be impleaded, l>y letters patcst Edw. L and confirmed by Elix* 1 demurrer^
Mob. Entr. 199. Ci. J^. f o,
That defendant is one of the o$eers of the Mint of our lord the king, and that
£d, U . by letters parent granted that the qfUcers and minifters of the Mint (hould
be impleadol before the warden of the Mint, and not elfewhere. Vamp. 3.
That 4efendant is a tally-cutter and receivfr in the exchequer. Ibid.
flea by deouty ferjeant at arms ctf the treafury of the exchequer impleade4 in the
9f R« \bid% 4*
INDEX TO LEADING TITLES OR HEADS
t
ClerJk of the exchequer impleaded in B. R. ^er fpecial imparlance ; demiitrer,
pebt hy attorney of C. B, againft the marihal for an j^fcape ; plea, that he ought not
to be impleaded elfewhere than in B.R. , demurred and jud^mcht of rej^ndest
oiijiir, 2, Bro. bo.' Her. ^ly.
Plea by one of the fcnior filazers pf C. B. impleaded in B. R. Tlomp. 4»
By attorney of C. B. z. Mo. Intr. 7, By an attorney of C. B impleaded in B. R. ;
replication, that defendant is forejuJged^ and removed from his oflice ; rejoinder,
nul tiel record, and iiTuc, and dies datui to bring in the record, Thomp. 4. 3, Infi.
CI. 32. £r. r. M 496.
That defendant is one of the filazrrs of C. B. 5. hr/f. CL 32. 2. Mo.' Int. 8.
By clerk in chancery impleaded in B. R. Ihomp, 5. 3. Inji. CI. 30- Br. y M*
497* S^^' ^^^^ ^/ fervant of one of the fix clerks in chancery impleaded in
B. R. Rob. Entr. 21Q.
By one of the chancellor's bedals of the univerfity of Oxford ; privilege granted to
univerfity by H. VIII. and confirmed by Hat, 13. Eliz. ; and prays allowance of
the iaid privilege j. apd pie i in B. R, Thomp. j. p.
Defendant is ferjeant at law, and ought to be fued by original, and not by bill,
CI. JJf. 5. Demurrer and joinder, Ra Ent. 178. ret.Iutr. 128.
Privilege as fervant of one of the lords of parliament pleaded, A^/V. 93.
privilege of exchequer p-eaded after imparlance, fwuing exceptions as iveU to the
Kvrit as to count, is not good on demurrer ; cthcrnvife favin^ all exceptions ^wbaipi"
gfuer, I. Lut. 44, Fid. 639. Privilege of an attorney of B. R. j judgment' of
rej^vdeas aufitr.
JJebt on bond ; plex of privilege as attorney of C. B. ; replication, that for five
' years before the original^ defendant had not profecuied or defended any fuit, &c. j
demurrer, and judgment for plaintiff, i. Lut. 165.
Count" by the king againft a bilhop for contempt, and withdrawing from parlxa^r
njent ; defendant pleads, that he ought to be proceeded againft in parlianaent
pnly ; demurrer, 4. 7^/?, 15. .
"Plea by attorney q{ C. B. impleaded in B. R. Br. 169. 172. By clerk of the pro-
thonotary impleaded in an inferior court, Br. 146.
That defendant is a fervant of the archbi(hop, chancellor of EngUnd, and produces
his writ; replication, that defendant is a fummoner in court cliriftian j and tra-
ycrfes that he is a domefli: j 'and iffue, Ra. Entr. 473. I^et. Intr. 62. Plea by
fervant of one of the clerks in chancery ; demurrer ; and judgment of r^jpondeas
eufter. Ibid. Plea by clerk in chancery difallowed after imparlance. Ibid, l^ct.
Int. 148. By a fervant producir.g his writ out of chancery ; replication, that he
i^ not a fervant, and ifTue, Ra. Ent, yji. Br. i6f. 167.268. Verdid for
flei^ndant, 168. ' Plea, that he is a fervant to a clerk in chancery ; writ
theTeuJ)on pleaded, and imparlance ; replicaiion, that the defendant, on the day
of the original purchafed, was a notary public ; and traverfesj, that he was a
domelUc, and i'due, Ra7 Entr. 472. Br. 163.
Cafe in trefpafs againft J. wKo produces his writ, attefting, that he is the fervant of
the chief clerk of B. R ; replication, that he is farmer oi the lands of the chief
ckrk ; demurrer, MoUtt 82.
Plea by clerk of exchequer impleaded in C. B. ; plaintiff does notgainfay, fo pri-
vilege allowed, Mr, 161. hy auditor of the king's revenues ; aud demurrer,
lb. 171. By fervaat of chancellor of exchequer^ and im pleadable there. Her, 3.
Servant of one of the auditors of the exchequer, and produces the writ ; replw
cation, not a fervant ; and iflue : cur. adtj..vult of the *vemre Jkcias^ Ra. Ext,
^73. Fet, Intr. 6i. Servant of a lord of the treafury, and produces;
replication^ that the privilege -belongs to the officers attending the accounts Aod
bufinefs of the king, and their fervants, that principal is treafiirer, and
defrn^antis bb deputy in the poft; d^mprrer, Ra. Entr. 473. ^ix. Imtr.tx.
U. Ta
(3)
JN THE CIVJL DIVISION.
tti To th^ Perfon of Plaintiff.
• III Difability.
1. Abjured- ^
2. Alii:n.[See fleshy Executors itk^d
Tcftator was jtf/V«, p^,)
34 Attainted.
4. B^ftard.
5. Convifted of
I, Felony,
a. Popifli Rdctiftncy.
3. Not going to Churcli.
6. Excommunicated.
7. Monk
8. Outlawed.
^. Waived.
lo. Villein. J
That plaiiitifFis abjurfd, to writ of privilege, Ctif, j. : and that Writ bf privUegt
is defedivcy /^/V. 3. .
That demandant ii a badard. Vet, Intr, 88. 223.
Vol.
J.
74> 75* 7^« ^^^^ ^^ abatement to the perfon of plaintiif
convi(3ed of felony^ replication thereto; /r«-
fert of letters patent."
That plaintiiF is attainted of felony ; demarrer, C^. £ff/. 246. '
That plaintiff was indidted at the quarter feiCons for not going to ehurch; and
proclamation according io the ilacute» and did not render hi^tnfiplf, and fo was
c9n*ixiSid ; replication, convidion was pardoned by fpecial pardon ; defendant
liiaintaiDs his bar ; plaintiff demurs ; and judgment of rtjpondtas oufier awarded*
3, Len>, R£p, 5, 6.
Ao 9utla*wry pleaded in abatement upon exigent only, without 2rn original and other
procefs, I. Mod, Ent. 23. 5. Mod, 144.. 2. Show, 443, 444.
Pl^t ofMlawry of teftator to indebitatus etffumpfit for money received tO the ufe^
teftator, x.Lit, x6oi.
In Ttir^/iia Af, outlawry pleaded, i.Lut, 273.
outlawry pleaded after fpecial imparlance ; and plaintiff* replies, that he is not th?
fame perfon; demurrer and joinder, Cii/, zi. Demurrer, and refpondeoi^oufitf
awarded, i^ Lmt* 6. to make full defence come femble.
in dower» tenant pleads, that demandant is ivaived; replication, that he wa^ eom«
inoraiit at ano:her place, &c. ; demurrer; and judgment for tenant, i,Lut. 37.
Outlanury pleaded in cafe after judgment fn debt ; replication, nul tiel record ;
rejoinder, that there is fuch record, and fails on the day, 1 . Ero, 7. 2. Mo. hitr,
c6. Thorn, 8, 9. in debt ; and fimiiar replications and iiTue ; and defendant
fails on the day to brine in the record ; yet judgment of rrfpntideai idt* JCii,
^ imi^ 224. Ui^tlatvry ofplaintifi' before bill exhibited, Clif. 14.
Vot*
1.
89. 58. Plea in abatement, that ^hxaxxSii^ pofijhrfcufantcon^i^
61 • Similar pka<
Plea in abatemettt, that plaintiff is waived, i. Med. 12. Lut. 39.
Otttiawrv pleaded io tMltmeht fubtedeji?illi, i. Mod, Er.t. \t . Luiiv, 6
Vol. L I \ Thst
INDEX TO LEADING TITLES OR HEADS
Thatplainttflfis a W/r/M ; replication, that he is a baftard ; rejotnier» tkix h€ik
legitimate ; and writ awarded to the bi(hop» i. Bro, 6. f^et. Intr. 3^^ Iiitr,6m
Pled ofvilienage by defendant againft plaintiff on original^ ^•Iuft, CL 22. 24. in
writ on original, Ih, 27. In writ on ca.Ja, Ih,
Protefting» thai plaintifF u a <villftn ; plea, that he was commorant in another vifl ;
and ifTue, Rti. Ent 646.
That plaintifF is a /0///& veeufant conviSt^ and has not conformed, 1. J^r'A. 5.
Thomp. 185. Br6. R d, 466. Itjir. CL I9. 2. Mo. Intr. J. Clft, 3. 1 1.
Pica in abatement, bscaufe the plaintifF is a popitti recufant convi£l, i. Mc^m £ar.
13. Clift.y
That plaintiff is a mcnk^ Ra. Eufr* 368. 482^ 483. 663. Fgf, Intr. 199. 27.
Vol. PaBCBDENTs/ff
I. BOOKS0/ Paactick,
Pa£i Rmi'Ortbrs, &c.
7. 42* 51, $2. Plea to the per{bn, that plainti^ is an alien ene-
my born ; replication, that plaintifF refided in thefr
kingdoms in time of peace, and Aill refides under the
prote^ion and licence of our lord the king.
6x. Replication to a plea of alienage, that he was bom in Ger'*
many^ and under the protedion of the king of England ;
demurrer thereto, and joinder. {^See Demurrers to
Pleas).
That plaintiFis an alien enemy, S. P. LilL Ent, i. 2. R. P. B. R. 3
Plea, that plaintifF is an alien enemy, i. Mod, Ent. 9. i. Salk. 2. 46. Lilfy^ i.
Afton^s Entries y 11.
That plaintiff is an alien enemy ; replication, that he is a native, born under the
allegiance of our lord the king of England, 3. Inftr. CL ig. 2. Mo, Intr. 3.
Cti/t. 4. CL /Jf. in. Ra, Ent. 252. Vet. Infr. 49. Finch, 65. TtL 148-
Replication, and Engljhhy hirtb^ Ra. Ent. 60 §• JJht. 11.
Plea, that the teflator was an alien ; replication, that teflator, at the time of the
making the bond and ever fince, by the licence and under the prote^ion of the
king, nas been at a certain place in England ; demurrer ; and judgment of
refpondeas cufter^ i. Lut. 34. That plain^ifr is an alien boru in Scotland ; demur-
rer, Co. Pcfinat* 1.
1 hat plaintiff is an Irifhman, and not of the kindred who are entitled to tlie pro-
tcflion of the Englifh law, Da'v. 38.
^ OL. PRECEDBKTSr«
L £ooKS0^ Practice*
Page KfiPOaTERS, i^c.
15. £xcommunicr.tion of plaintiff pleaded after the Ufi ccn*
tinuatice in the county lourt.
RepHcaiion, ii\AX afur the lad cent' nuance plaintifii
bbtained letters of abiolution, LiiL E/:t. 9. a. R. P. S, R.y
Plea, that the plaintiff was excommunicated by judges delegates, i. Mod. Ent* 15.
I. Lht, 17. jL^cy, 89. KeiL 177. 3. Le'v. 334. 1. Lut, 40.
Replication to plea of excommunication to perfon of plaintiff in abatement, letters
•f abfolution after general imparlance, i. Mod. Ent. 22.
That plaintiri:*is cxcoiLniUnicate, i,Brc, 5. Tbomp. 9. Br. R. loe. yinft. CL. 17.^
Mo. Entr. 3. Clf 13.
That plaintiff docs i.oidcny, fo plaint rem.iins qu€ufiue,lfc. PL Gen. 10.
Kcplication,vthat pkintiff has been abfolvrd from lentence of excommunicatioD,aBd
defendant 10 anlw^i j judgment for j^laintift*, Id, ic.
In
IN THE ClVlL DIVISION.
tn Mtf » deibniMt pleads exeommanication of plaintiiF; replkatioil, abfoltttioiii^—
w^dadtri that plaintiff and perfon abfolved are not d&e and the fame perfon ;*
vejoindeo that they are ; and iffae, PL Gen. 72.
f'hac {Jlaintiff is excommonicated by judges delegates ; demarrer» and rrfpondMS
•mfttr awai'ded, becattfe no certificate of .tht judges delegate ^as producod \ and
concioiicfn to the plea is bad« 1. Lut. \^l
2. Baron ^nd E^me ("4)4
To aen aAirni bntughtby a femefole, the defendant pleads in abatemexitof the writ* .
that plaintiff is covert of J. B. at the day of the writ parchafed, i. Mod*
Eat, 7, ' '
In /•rnudm in remmnr by barcm 1^ feme^ abatement^ for that the rev^rfion is
alledged to be in fenieonlv» when it fliould be in baron and feme, 3. Inft. CL 105.;
deinurrer» Her,^^. Apt. 339.
PormcdoB by baron and fe'mt of a moiety ; plea, that the fether of the wife had
another daughter called A. who had iffue M. yet living, to whom, together with
dema&dant) the adion accrued ; replication that (he is dead, RtK Bnt, 36a.
3. Coverture (5)*
VoLa PaECBDBNTSlJi
1. Books ^pR ACT ici»
P^ge Rfipoaxias, &c*
47. Plea, that pkmtiff is ilDder coverture.
Special imparlance ; demife of the queen iuggefted )
€P'vertur€ of the jflaintiff pleaded in abatement to
debt on bond ; replication, traverfmg the coVer-
tare ; rejoinder, taking ilfue. Lilt. Ent. ya, 123
That plaintiff feme married a/ier original purchafed % replication thereto^
AJb. £nt, 9-
That plaintiff after original purchafed took hufband, i* Bro. 7. Br. R* 181. 203.
204. 3. I»fi. CL 30. 2. Mo. Ent, 7. Clif. 8, 14*
That plaintitt after original purchafed took hu(band ; replication, that plaintiff
was divorced for caufe of pre- contract before original purchafed, Rob* Ent. 3.
That plain tiff and wife were not married according to the ecclefiaftical law at the
timeof fuing out the writ, 3. Imfi, CL 60. Hanf. 103.
'Tliat at the time of the death, &c. M. was covert of R. M. her now hufband, and
that plaintiffs had counted ill on a reverter, 3. Injt. CL 10$.
That marriage between A. and M. was never folemnizedi Clif, 23. Ne unquet
accouple in ioial matrinunh, CL Jff. 78* In dower, that demandant took hulband
pending the writ, Co. Entr. 173. 1 . Br. 1 • IfTue thereupon, that demandant did
DOt Isl\u hufbandf JJbt. ^. l . Br. 1 1 8. JJhi. 1 o«
4.. Executors and Adminiftrators (6).
Vol.
I.
I J. Plea in abatement to an adioti at the fuit of an executor, that
ttftator conftituted plaintiff and another executors, <wiw it
tni tuuntd (to Other Perfons not named Plaintiff,/^.)*
1 i 2 Plea
INDEX TO LEADING TITLES OR UW)$
^bi. PRiCBDIiCTSflf
T. BooKS^pRACTin/
Page RspoRTBft^ Ac.
14* Pfea in abatement, that plaintiffs are not execators.
57; Piet^ chat plaintiff is adarinifbacrix, traverfing her being an
executnx.
6j» PIea> plaintiff* is adminiiirator« and traverfes that he is exe«
cator.
Another exocator not named in the writ and repiiados, s» R. P. C. B. t
Plain abatement, that two of the execntort pkuatifs are wttbia the age of rcreotoes
yeart^ 1. M9J. £nt* 16. a. Satmif, 209^ . .
Deii on bond by executor of H. ; plea, that defendant was boond in the fame obli-
gation to B. as welt as H. ; and it does not appear ta the deckratioa that B. died io
the li/e-tiaie of H. i.jBr^. 4. That teftator, on day of exhibitiDg bSil, was
alien ; replication, that be died before the day, Fi. dm. 336« Bsrf* 107* Tm*
Terfe, rephcatioa» and ifltie.
Tint teftator made plaintiiFand another execoior, and traverfe» tba( phinnMhSak
execetor ; replication, that uftator oMuie plaintiff fole exeeator* Br. R. wot^
plea, that'teftator was an alien ; replication, that teftator, at the time of the making
the bond, and ever 6nce, by the licence and prote^on of the king, has been at a
place in England ; demurrer, and judgment of t^fomieai omfttfa 1. Lmi. 34.
5. Heir (7).
Plea in abatement, by which the defendant confeflcth the death of Winiam White
without ilTue, and that the plaindfF was couiin and heir; but further faith, that the
(aid William Whiter the fixth of September 1660, by his will, devifed all the
lands, &c« to the plaintiiF in tail, with feveral remainders over ; that the platnoC
by the death of- the faid William White^ was feifed of the reve^fioo in tail, i. Med»
Ent. 5* Lutw* 1557. Traverfing the difcent to the plaintiff' alledgcd in the
^OOttt.
Itijormedon in difcenier abatement, for that plaintiff is named in the writ fon and hdr
of H. only, when it (hould be fon and beic ^ H. and A. his wife ; plaintiff eon-
feilci, 1. Br9% 170.
6. Infant (8).
Voi« PaieBDaMT>i«r
L BoaRSf^PaaoTKif
58. I^lea in abatement, that plaintiff b an infant, and has de-
clared by attorney.
kz. Pled, that plaintiff )s an infant, and onght to fue hyfneJbdn
amf*
An afpeal abated ex qfia'o by the conrt, becanfe the ap|el-
lanti belbg under age, brought it in perfon* • a. Ld^ Raym. ^289
That plaintiff is ah infant, 1 . Mod. Enti 20.
That plaintiff, an infant, Ought to fue by next friend, and not by attorney, i.Br9. u
Br, R4 475. 466. $:In/lr. €U 55. ijf. Cli/. ii. I. Br. i6yi Her, 1.
7. joint Coiitraftor^ (9).
ft
That others were named is the indenture, who cigU \t be made plainDffii alfiv
Hif.g.
t. JO!A1Cfla»l»
••
IN THE CPVIL DIVISION.-
8. Joiatcnatjts and Tenants i^ Co.Tiiion ^lo).
Vot.
X.
67. Plea in treCp^Cs, that plaintiff and another were jointenants.
7X. Plea> that the plaintifF had nothing in the dofe in whi^hf &C»
but in common with A. B.
The defendants plead in abatement, that the plaintifand another llrangef are tenantf
in common, and the other not named in the writ, x. MqJ, Ent. 19.
That pJaintifF has nothing, milefs in a joint capacity, I • Mod. Eni. a f • CUft* 7.
TreJ^ufs that plaintiff had nothing in the tenements in w)ueb, &c. nnlefs in common
with W. ; replication, and new siffignment, Tbo. 12. Hanf. 103* 3. Inft. Ch
That plaintiff had nothing at the time of the trefpaft, nnlefs together ondivided with
J. W. Ih. 89. Replication, and new affignment, CUfu 23.
That plaintiff had nothing in the meffaages m the new aiitgqment, unlefs in common
with P. ; replication, that he is fole feifed ; and travei?es« that P« had anx^hing^
I. Sro, 8* Hanf. 1 03.
Forcible entry ; plea, that plaintiff had nothing in the manor, unlefs in common with
W« ; replication, that plaintiff's father was feifed« and difcent to plaiqti^ I and
traverfes the tenancy in common, Ka. Ent. 3^3.
Fprgery of deeds ; that plaintiff had nothings aniefiin common with C. ; demorrer.
^*- 357-
Yrejftofs ; that plaintHFhad nothing where treipafs com mitted« nnlefs jointly with C.|
replication^ fole feifed in fee, Ra. Eni. 615. fV/. /t/r. 16^*
yigntoft two, and one pleads notgailty, /^. 615. AgiiaiJL R. and S. ; &. pleads,
that plaintiff holds the turbary jointly with an abbot ; S. pleads, that plaintiff
. holds jointly with the abbot and l|im ; replication to both pleas, U, 653. />/•
Iitir, 164. For taking wool ; plea in bar, that the wool was theproperty of plain*
{iff and one M. who delivered it to defendant ; iffoe 00 the prqperty, U» x^ft
Q. No fucb Perfon in Bfing (i ^),
Vcp.
I.
fo. Plea, fhat pljintiff is dead, and np fich perfon in being when
llin bill was exhibited,
No foch perfon in being ; replication, (here is fuch perfoi) tt L. PL Geif, 8, 3. Itf/f.
CI. 77. 2. Mo. Int. 13. Ka, ^utr.. 49. 92. -f^'O 34S* Dig. 122* Hir. 5,<S»
JJbt. 10.
In afize agiamlt A. and B^hi8 wife, that there is no foci^ A, ; demtitrer> Ph. Sg.
Xrelpafs againft A. and B.; A. pleads, that thdre is no fbch perlbn called C. ^.
' ngainft whom plaintiff brings his writ together with the defendant m being | B«
hUiSbipxoiS[\xi, Ra. Entr.6M. Fet. Jntr. ij^y
115 XO. O^hff
INDEX TO LBAmNO TITLED OR HEADS
lo. Other Perfqns not named (tz).
Sa BxicoTpat ^n4 Administrators, Plaintipf, amte. JpfHTKNASTTf
andTRNANTi in Common, Plaintiff, amte.
Vol, Precedent* *«
I. BoopVpRAcTicf,
Pa£i Reporters, &c«
1 3. Ple» in fbat^Qient tp ^n 4^ipn at tt^c fi)it of ^n ttxeci^or, tha^
teftator conilitaied plaintiljf and apbiher perfon txecutors^
who is not named. (See lsxecu(ors« &c. aHte»)y
That there was another churchwarden not Aamed in the bill ;
(jeipurrer an^ caufes^ - « • • 2« R. p^. B. |t« |
II. Partner^ (13J.
17. Plea in abatementy that foine of the plaintiffs were partn$;rs
with the defendai^ts, and therefore coald not fue.
A pica in abatement after oyer, that the pla}otiff*8 partner is not named in the wrib
i. Mod. Eui, ZQ. CItft, 8.
IL To the Perfon pf Defendant
J. Baron and Feme (14).
Vol*. PRCCeDEN^si«
K Books 9/I^RACTacB^
F^ii R BARTERS, ic^
^. PlcRi (hat defendants fued as nan and wife wf unque^ accou- ^ ■ .
pit in loial matrimome*
7* Replication thereto.
^. Plea of niifnomer in thp CbriJUt^n name pf wife pleaded tp
an a£iion againft hufband and wife^ (^r//^.Mi(nomer
pf Defendant).
I||. Plea in aoatement by hQ(band and wife faed as gxeemrix^
that adminijlration was granted tp tj^e deffnc^fii 'Eli^-
Jy iMLroii and feme, mifnorocr in the wife, in B. ^. - a. R. p. B, R. ^g.
That F. thf ^ifc of A. {named in the wrjt Dachcfs of $•) h^^ loft her name of di>.
nity by marriage, li Bro, 3. *
fcifrjudgmimt. the wfit of fammona fuppofei the defendant to be tenant ; abateineqt,
for that plaintiff 18 tenant for years, and the rcverfion belongs to defendant's wtft
fQv)Ut,RoLEuf.X2,i. ""^ rr . i-wr
?: Corertorf.
IN THE Civil. Dr/rsioR
a. Coverture Ci5^«
Vox*. Pricedents im
f« Bpoks0/*Practicii,
6, ^^Replication in ajfumpfit to a plea of covertur? in abatement,
viz. that defendant is not covert, and ilTue thereon |
award of inquiry conditional ; *venire,
31, Replication to a plea of covertore in abatement, protefling
as to the fttffidency of the plea ; protefting alfo, that the
defendant is not a feme covert ; for replicaiiont before
the caufe of adllon accraed» the defendant had eloped from
her han>and, and that the work, &c. was done for the de-
fendant at her reqaeft^ and on her credit only.
41, Plea in abateiiient to the perfon of defendant's coverture }
ftffiJavtt of truth of plea. (5*/^ Practical Foras),
c 7« Plea, that defendant is under coverture.
X*hat defendant a feme is married ; replication and rejoin*
dcr, LilLEnt. 1. - ^ - j.R. P. B. R. 13
Plea, that defendants were not married according to eccle-
fiaftical law, LilU Eut, ±. • • s. R • P, C. B. ; t
Plea of coverture of defenaant fued as foje, • Imp. Pr. C. B. 266
Plea in abatement ; defendant under coverture at the time
of the writ \ replication and rejoinder^ » a. R. P. C. B. 157
Replication to ^ plea of coverture, that the defendant is concluded by way of ^oppet^
bv reafonpf her imparlance, 1. MoJ But, 8. Lut*w. 93.
Covertore pleaded, i. Mod, Em, 9. Med, Cafes^ 230. Rnym. 395. A replication
thereto.
Thai defendant after original porchafed was covert ; replication, that (be was fole ;
and traverfes» H^nj. 104* Br, R, 203. 3. Br. i)8. Aflyf. 8. Htrk, 5,
Replication, was not covert, Cl. Aff. j. 14. 3. Imfir. CL 60, 61, 61. Reg. PL
290. PL Gen. 4. CL Mom, 435. 8. Mo, Jaf, 7.
That plainiiflF, at the time of fpeaking the words, was, and yet is, defendant's wife ;
replication, that ihe was not, nor is, the wife of defendant s and iiTuc, z. Br^.
63.
That defendant was covert at the time of the promise made*, cfi/* 5- CL Aff. 8i.
Not covert pleaded in an inferior court, C/. AJfs 106.
At>ateroen: ; plea, coverture ; efloppe) by imparlance ; judgment of reffemduie
^'wfier, for that the pica was only in abatement, and not pleadable after imparlanoea
},L»/, 23. ^
3. Escecutors and Adminiftrators (16X
$(e QTHEa Pehsons not NAMIQ* DKriNPANT*
Vol.
13, Plea in abatement by defendant fued as executor, that te(^
tator appointed defendant i^nd another (who is not named
i defenaant) es^ecutor, (See Others not namcd^ ante.\
<i 4 Fka
INDEX TO LEADING TITLES O^ H&ADS
Vol. PnECfpfifrTtm
L Books ^PRAC^ict*
14. Plea by defetidant ftied as execiitor, that the ^flator ap« *.
pointed aa execator, who renounced, aod that admtni-
firatron durante minor itate was granted to defendant. I
15. plea in abatement, hujbandand *ivi/i fued as executrix, that I
admin iilration was granted to the defendant Elizabeth.
56. Plea byadmintftratrix fued as executrix, that (he ought to b^
fued as adminidra^rixY and not as executr}^.
f^. Plea, that others^ who ate co-executors are not oamed de-
fendants.
That defendant is adroiniflrator, not executor, Liil. Ent. 5. 2. R. P. B. R- f^
Plea in al><itement to an adlion by the prefcnt agaiofl the late
, churchwarden, that another was churchwarden with de-
fendant not named ; travertlng that defendant wa$ fole
churchwarden, - - • *' . • X///- £«/• M
Plea, adminillrators and not executors, i. iliW. Ent, 4^
Plea in abatement, that (he is an adminidratrix duramti minorliate of ao lofaot*
1. ti&d. £nt 14. I. Luinju. 20.
Pl^a in abatement, that the tel\atpr was alive at th^ time of the writ parchafe4«
\,Mod*Enui%^ Zff/. 13.
That in the writ, chat defendants were execqtors, and had no additions as fuch,
i.Bro, ?. 3. Infr, C{f p.
I>ebt agailDft one executor, that teflator made defendant and one B. exrcutors, vbo
is alivt and not named in the writ ; replication, that teflator did not appoint B.
executor ; and i/Tue, I. Sro. 4. Thomf. 1 • 3. Infi. CI. 46, 47. ^/. Gn. 1 1,
12. z, Mo. Infr, 1 3.' Replication, that tcftatdr made defendant fole executor;
fhGen^m 11. Replication, that B. defendant never adiainiAered as executor^
Tbomp* 1. Han/. ib2. Rob. £nt, 229. 3. /v^r. (^. 48. Thvi admHrfiratsom
was ^rafited to apibtner, and not to defendant, CJ, JJf. 105.
Jn dekt by T. as adminiftrator of i^. ; plea, that A. made T. and one W. execotors \
and traverse, that A* died intpflate, Tijomp. 14c. 3. I^^r. CL 42- Bro. T. M.
Debt ag^ifiA executor of S, ; plea, that S. died inteHate , and ^dminidratioo wsfi
^ committed ic defendant ;' replication, that S. made defendant executor; and
travcrfe, that he died inUflaie, PL Gen. 263. p/r/. 15, 16, '' After iequeflratioh
riiade by ordinary of inielUte's goods, fi, Gfn. 12. THst adminiffration was
committed to defendant, and that one J', who is alive is not named in the bill,
Ti^mp. f. PL Gen. 337. 2. Mo.Intr. 18. '
J)€Li againd executor ; plea, that teOator mad^ defendant and another executor not
' named in the writ ; replication, that executor nt t named die3 before original
purchafed, Br. R. 199. Clif. i^. That T. died inteilaie, and adminiffration
was comipitted to A. ; and traverle, that defendant is executor, Qr tdibiDiJiered a^
execotor,*T'^c-7f^. 1^1*.
Debt a^ainft exeiutor of L tl}at I. died inrcflate, nnd adminiftration was roinmitud
* to defendant ; replication, that defendant, before iidminiftration committed^
adminid'ered gopds as fixecutor ; and demurrer, 2. ytnu'ijt, Jodgmem for
plaintiff. • -' ' ' • •' ^
^^agairrft two executors ; plea, that W. dicdintedate, and that defendant too^ pal
' Jetters of adminiftration to the diceafed, and fo ought co be'impleald^d as addUai*
ftrams, Hanf,t(>: * ' . . :*
piea by adminiftr'ator that letters of adminiftration were revoked, Thomf, 92%. In
(ofif plea by /i^r^/^ executors by attornej^ tba^ fwoof the execiftort iltfe vithhr
Me, Tiz. icvenieen yeats. - • - '
<
IN T1|B iCIViL DIVISIOir.
Fbr that qrocntor is wUluii age by anoroey, a. Sand, zoq*
For that defendants, as execotors, had no additions* y fiiftr, CL (q*
J^A/ agaitti^admintftrator After oyer of thevirrit ; the defendant pleads, that tlfewrtf
is tefted before the letters of admiaiftration* and plea held good on demarrer^
I. Lut. 8, 9*
"phat teftator was alive at the time of the writ porchafed, and rej^vkias wtt (jr fault
ia thf pica, A. 13.
Judgsaeot that writ te qaaihed* becaufe it appears that thp writ bears date befoiv
flBoney doe, U. t^.
In debt againU adxniniflrator» plfa that he is adminiftrator dun^ti mimn^HiOt^ j^ml
demorrer ; and reffvmdtas oufter awarded f(^r want of the avefoient ; and this he li
ready to verify, Ih. 20.
jfUkmpfit againit executor \ \l% pleads, that he is adminiftratojr by letters pat<«|
granted hy theD, of CanteriMiry, &c« } and held 'bad on demorrer, for that it
was not averred that inteftate had bona notahiliat i* ^«^« 29.
\fk dett in B. R. by baron and feme adminiftratrix di homh 90m, lie* againft execmrix
after fpecial imparlance ; plea» ^hat adminidratiop was committed to her on, &c«
by the vicar-general and official of thebifliop of D. ^c. ; demorrer, and judgment
kgainfl defendant for not traveriiog that no adminift ration was had hfj^ott letters. ((f
adininiftratiop granted to hiffli '|.X«r. 8^,
4. Hck /17).
• I. '
Pagt
43. flea in abateisent by ijefendant foed as heir of infra 4ft4Um^
' ^ (Sig Infont Defendant f9/i.).
43» Similar plea to debi on bond aga«o4 an heir of obligpr ; pa*
rol demurrer, defendant being under age. (See infant
Defendants pcji.j RiPLxcATioNto this pl^.
Is debt againft an heir, that there was another heir aliv^ befide defendant; agalni|
whom p]ain(|ffihould have brought his a£kion. Thorn/. 9. ylj^fir. CL 48.
Heir a^ law, fued of>on the bond of the anceftor, fJeaos, tha( plaintiff brought |hq
aSioa pending againft her as exe^ptrix, 3. Lev. Rep, and Lev. Ent. 25. $4, ctj
pebt againft brother and h^ir ; plea, that brother, op the d^y'bf original purchafed*
was aliire, /fir. I. , * ?? - . %
5* Infancy (18).
Vol. FRXcfDBKTstil^
I* Books #)^Practics^'
^^^ « RlPORTBaS^ frc. *
43. PlealnatM^efflenttby^en^antfuedaiiWrofif^iS^jn^M
(See Heir Defendant^ ante,),
^3* 'Sisiilar plea todebfom iond^gi^vh an Mr •/ obligor ; parol
demorrer* defimdaftt being under age ; vepKcation to the
above plea, (te Heir Defendaoi, antw^).
c9. Plea, that defendant ia an infant.
6 1. Plea, that defendant is a minor, and ought not to anfwer dll
of full kge.
Infancy pleaded by guardian, LilL Xnt. 3. - • j. o p^ g, {^^ .^
Infra eetatem ^ Veplication, neccfiaries; \M0r/. Pr. all. 1, R. P. C. B A
Plea of infancy ; replication, full age, and ifine, Morg, Pr, zz^, zzi*
Infancy p1e<^d^ by gui^iaii^ l. Mod. ii, Lilly, %.
T ... -■ ...... ^j^
INDBX TO LEADING TITLES OR HEADS
6. Joint Contraftors (19).
Sfi Par7K£rs Defendant, p^/i*
Vol.
I.
33
a
i6. Pfea» that another joined in the promiie, and that tho pro-
mi (e was not made by defendant alone.
17. Replication thereto, that defenda^nt alone promifed.
I J. Plea in bar ; noft ajfumpfit to fome counts, and tn abatement
to others, that the promifes wer% made jointly «vitb ano-
ther, and not by the defendant alqne.
Plea in abatement, that one C. N. and one W. K. promifed
jointly with defendant, and that defendant ^i\ pot pitH
ipife ; replication and iflue.
Plea in abatement of the writ and count in dth$ m^ hand, ^hat
two were jointly bounds and only one fned.
47# 49* PIa^ M to all except, &c. that the proroifes, if any, were
made by defendant and one J. K* jointly, traverfiqg tha^c
they were made by defendant alone; rbfliqaTICIn^
that they wer^ made by the defendants feparately«
J 7. Plea, that another figned the bond with the defendant.
{. Plea, thatdefendantwasbound jointly with another, who ia
living not named.
68. Plea, that the promifes were made by defendant and not
A. B. and that the faid A. B. is ftill alive.
That others not named in the declaration jointly executed
bond with defendant, LiU. Eat. 2.
That another covenanted and executed charter-party of
affVeightm^nt jointly with defendant, UlL Rnt. y.
^ea in abatement to the count in affumpfit for ufe and ocok
pation, that the promifes were ouide by defendapt and
one G« B. jointly^
PaECBDEWTare
BooKs^PiiAcrics#
Itf^oaTEas, ftc
2. R. P. B. R. 17
ii. 18
I, H. Bl. Rep. S36
piea in abatement, thi^t the defendant fealed the bond jointly with B. P. and G.
who are ro^ named, i. Mod^ 10, 5. Zdod. 144. Lilly^ 2.
That defendant is jointly bound with another not named, 3. Inftr* CL 48. 2. Mo,
Ut, 17. €lif. 4. 7. Aflft. 7.
7hat the purchaie in the declaration mentioned was made by 4pfendan^ and apother
who is not named in the writ ; replication, that the purchafe was made by defend*
ant alone ; and traveife, that it vaa made by defendant and another, ■• Bro. 8.
Um. 102.
CV^, that the contr^ was made by defendant and another jointly 2 ref^c^tioBi
that it was made by defendant alone ; and traverfe, 1 . ^ns . 8.
7hat as well the twp others name4 ip the bpn4 ^ ^ defendap^ were jobtly bopod^
7. Joi&teimnta
IN THE CIVIL BIVISIdN.
^. Jpintenants and Tenants ip Common (29),
Sff NoN-T£KURE an4 So^^ TES^oiLfi.
PmciDBlfTllll
Books ^ P&ACT ipi|
RSfO&TBtl, 4c«
J.n trefpifs, th^ one of defendants if tenant in coanon with
plaintiff; B. R. replication, fole feifed ; traverfe, dc-
jnarrer with caufes, joinder, continuance, and a^davit of
(ratb^ ^ • • • « r 9.R*P.B.R«40-*4|
^n dovser, jointenancy with feme to part, nQn-tennre to the refidue, 3. Infir* CLoz^
Vtt. Imtr, 114. 4^* to. z* Mo* Entj %6f Jointenancy with feme |>y deed to
part ; replication, Ible tenore, Ra.Enn 233. Ftt, Intr. 114,
J^9-w9r ag^inft two s to part feverally plead non-tenafe, Rob. Emir. ajS7. Jpint9«
nancy wiih wife \^y deed ; replication, fole tenure ; fcLfa. to wife 10 maintain
jointenancy, Ra, Ent. 415. 233.
^Jp^. Difdaimer by one ; others plead, that they hold jointly wjth R. and H. bf
deed from 1. pleaded in court ; replication, that defendants are fole tenants, and
traverfe that others bare anything ; /cir$ facias to maintain the jointenancy* ^U
Qen. 120. Hob, Ent. 134. Ra, Ent. 62. 66. f^/. Jnt. 143. 248. 187. 139*
That tenant holds tepementt jointly with Af l)y feoffment | replication, fole tenorCv
w^. 325.
Jpintenancy with wife mfori^g/fom by fiqe ; replica^on, fole tenure ; and tra?erie« tha(
wife had anything ; and iflue, Co, £«/• 317.
In afisu, that he is jointenan^ wnh wife pf lands oo( of lyhich a rei)t arifes of thp
grant of H. and others by deed pleaded in court ; replication, that defendant held
lands wherepuc, &c. from plaintiff, and diffetfed him of the rent, and afterwards
enfeoffed the faid H. apd another, and c]andeftinely toolj back the eftate to hiifi
and his wife ' to defraud plaintiff, and he alone rook the profits ; demurrer^
Ra, Em, 80. Joiiitenancy with one L. by deed from J* pleaded in covrt ; repli*
cation, that he alone was feifed until diffeifed by defendant* who enfeoffed I. who
re- enfeoffed defendant \ plaintiff re-entered> and |vas feife^l till the diffeifin^ i^
Snt. 62.
fartitioHt that defendant has nothing in tenements unlefs in common with plaintiA
and others not named in the writ i'r^plioation, that plaintiff and defendant hold 191
jointepancy ; and traverfe, that other perfons have anything, Co. But. 41.
^ght of ward againft W. and J. $ W. pleads jointenancy of the Iai)d fvith Q« an4
non»tenure of the body ; J. non-tenure of land and body ; replicatioo» foje tenants
of the land, and tenants of the body, Ra. Ent. 386.
^refpafs agaiuft J. and M. ; J. pleads non-tennre^ M« pleads joiptemmcy with one
H. of the gift ; replication to both plf:as, that he was feifed until defiendants diffeiicd
him and enfeoffed Grangers, who took the profits ; rejoinder by J. that the faU
W. and H. received the prpfits, a^^ traverfes that he and W. received the profits {
^nd W. pleads, that he and H. held jointly, and traverfci thft l|e a(id J. topk :tiq
vrpfits ; and iflue on both tra? erfes, Ra* Entr^ fi6.
Q. Partners
INpEX TO I/BADING TITLES OR HEADS
8. Partners (21).
See JpiNT Contractors^ anie*
Vot. PseetDBVTtr*
I. Books^Practici,
Page BlFO&TE&s»&c«
^7* PleA in abatement, that tW prMiiies were made by defend*
ant and twentj^two x>ther partners not named jhmIj^ eifikA
not feparatelj ; replication to the above plea.
^$. Replication to iimilar p)ea.'
^8« Plea in al^tement, that the promiCes were made by the de-
fendant and his partners jf«^«//r» and not by him feparate-
ly ; Special demnrrerj and joinder. (See Demarrer to
Pleas.)
99, Plea of fr'wHege of an altemey a partner with anotbet
attorney/ one of fi. R. the other C f^^ (See. Privilege,
emte.)
44. Plea in abatement in an adlioQof a^Sravi^/ in B. R* declaring
againft one only in a partnerfiiip det)t.
59. P)ea, that the promifes were matle hj defemdatif jeiml^ witl|
another, with whom be was partner.
ho. Replication, that defendant and. his pretended partner |re
one and t|ie fame perfoo.
f artoeffli^p pleaded in abacenent, • • Imp. Fr; C. B, a^r
For that partners are not named )n the writ, €Uf^ 8.
III, To tl^c Writ and Count.
I, Tq the Form of the Wm (zi),
I.
t. Plea« that defendant is in coftedy o(lhe (heriff, and «oC of
the Aiarihal.
^. Plea in abatement, that defendant is not lA euterneyt as al^
^ ledged in the bill. ■
y. Plea in abatement of the writ, that there it ap retam there- ^
' on, and no pledges found.
^ 0. Abitetnent to the writ in im^rr , that dcoeafed fi^and was l^
knight.
35. Pies in abatement to the £ril count in the declaration ; e^
nvrit rf error fen^/rg to the lecond ; and nil de*
hit,
4 1 . Plea in abatement, that defendant is not an eutoruey, as zU
ledged in the bill.
53. Plea by an attorney of C. B. th^t he is impleaded \fy erfgiMul
'urit, and not by hili. {See Privilege, ante.)
73. Plea in abatement for pnuing the wife's name b^bre the
' hufband's ; cen/ejes plna, and prays a better writ. (^f#
TttdgmcBt^ in Abatement.)
■ . ■ m
IN THB fclVIL Divifeldil,
Vot» PABClDBKrt«ii '
I. Books ^Pft ACT iciE»
Pagi RiPORi*ER,«, &c«
73* Flea in abatement for omittiog a word in die wrti^ and •
jodgment of quafitmrbilU*
it. Plea m ^<i^/ by adminiftrator for omitttog two words in
abatement; plaintiff 'confefles^ and jadgment* i^^H -
judgmentB.) .
74 Like jadgmenc lo like plea. (^r# Jodgments.) ^
it. Plea in abatement, tkat one of the defendants died before
the writ foed out ; aep ligation thereto.
77. Plea in abatement to the writ and declaration, tbat pLuntifl'*^
teltator was a bankrnptwand never <ibtatned hia certifi-* ^
cate.
A writ of error depending in the exchequer chamber in
abatement to an a^ioa of debt on jodgmcot Hi B. R. UlL
Ent. 11. . - - • - - a.R«P.B. R. 27
Plea in abatement to a ftmJ permit tat to pall down certain
boiMtnga, for that the writ doth not.ihew the nature and
nomber of the baildings ; demurrer^ and joinder, - ^.L^Ray. N.Ed. 1^3
Plea in abatement to adion'oC debt for bribery at an eledlon
of a prior foit iniHtuted for the fame caofe i nphcatha^
tlMt before that fait was inftitnted» plaintiff in this foed
out and ferved his writ of latitat 1 rejotntlir» that before
the exhibiting of the bills of eithen the plaintiff in the fbr-»
sner fuit iffued bis iatitat^ which was ferved on defendant
before notice of plaiadff^s writ in this fait ) fmrtj^inderf
Ihewing the true time of iffning each laiiitUf in contra-
diftindion to the fiditions relation to the laft diay of Term
when Aied out tn Vacation, and that piaindff's had prio-» ^
rity; fpedal demurrer to farrcjoindery for being a de-
panare from the replication, which ftates a latitat feed
oot by plaindff on thirtieth Juae^ bot furrejoindeff alledgea
that it iffoed firfi Jttijft and for not ttaverfing, &c the
priority of iervice averred in defendant's rejoinder, - 5. Burn Rep. 14!^
Plea in abatement to declsratlcn for money lent and advanced,
another adioo pending for the fame debt ; demar^cr and
joinder, - • - - •a. Ld. Raym« 1205
That plaintiff died hefire faing oot the writ 9 replication/ Aill alive* 3, hftt. CL 65.
i.Bro.\. t, M0. Ent.l^,
That plaintiff died a/tei(mg o«t the writ, Clifl. 6.
ttafpeah that the elder brother of the appellant was alive at the time of the appeal,*
and died after the appeal food oat, Hon/. 258.
In trefpafs againft A. and B. not guilty by B. and that A« diedbefcftv the day of faing
bht the writ } repifcation, that he is alive, CA JJf. 10. 2. Mc. Int. 15.
iri ajpscet that there is no foch corporation, /V/. Intr, 200^ No fu'ch bifiiop in
England, Ra. Ent, 1 8.
Writ againft dean and chapter ; plea^ that deanery wis diiTolved by a£l of parlia*
nent, Ra. Ent, 10 li
A plea in abatement, becaufe the plaintiff died before fuing out o the writ, t. McJ.
Ent. 20. Cli/t. 6.
In tre/fa/s^ becaufe Orchard is pat ia the writ, contrary to the form of the RcgiHcr,
l.Bro.l. ^. Jfrjir. CI, ^l;
iFoi that land is demanded by half an acre of land, u Bro. 3. CL JJ* 8
For
lUtJEX TO LEADING TITLES OR HEADS
For that it was according to the law and coftool of fhe kiogdom of cor lord Pb^^
and lady Mary, aad queen of Englandt when it fliould be according to thecoftoa
of onr kfngdom of £ng]and> i. Br. x. Han/. 103.
For word {per) omitted in tbe writ ; and judgment thereon, CL JJfi a. Rig. fL%z%4
In tte/pa/s, (chat tenant deforced bim, &c.) omitted in tbe writ* CL Jff» 14. a. Ahm
Int. 19. ''
For that in the original there are only foarteen dayc between tbe ttfit and retam,
and leave to purchafe a better writ, 3. Injtr. CL 59. Ajh/^ 6« For that there if
incongruous Latin in tbe origioal« CL AJf. a* Ajbt. 5.
For defeat of form, for that the name of the wife is put before the Mme of the baf-'
band in the defceat ; and the demandant confeflest and has leare to get a better
. writ* C/, JJj. 12. RigipL 289. Hgr. 7.
In the ikxlx, a certain number of beads it not named^.i. Br: n
In irifpafs^ for that there is no fuch form in the Regifter, fMO^z ctamfiUm Jre^t a
aUrawt, Roh.Ent. l.
That it does not appear by the retttm ef the writ that phistiiF found to the (beiif
pledges to profecute, U.
In aceedas ad Curiam, for that ih the writ it was collinranded to the {kerifffhat be
faoold come to the court of the manor, and not to the court of the Lord R»*$
, manors 1 • Br: 7.
In rr^/j^/r^ abatement, fo^ that tbe word {mi/uttgium) is written with adoobkiT, wsA.
thtword (rtddat) fliould be {reddani)i and the word (tfr.) is inferted io tio
writ, and not ioi the RegtHer ai writs ; demurrer, and nfpwduu ouftiTp z* Smid,
.30. ^
No fuch writ in the Regifxer of vrHtt, 3. lafir. CL 57*
For ialCe Latin, CL Aff. 1,3. i.Uftr.CL 57/ Regi pL 2^t* t. Mo* /«/. fr.
1 ft. That the averment of the life on the original writ of a perlon unduly ooilawed is
in the wrong county $ ad, falfe Latin 1 ^d, repugnancy, Ci//» i.
Flea to tmtire facias at tuft prius^ for that it was commanded to the (herif of S.
^hen the iiTue ought to be tried by men of the eity of L and tuenirt /a^isu dt na/vo
awarded, 1. Bro. Zi
Id ajji^t plea in abatement^ for that writ was not according to tbe form of the
Regilter, odavas inllead of a^fahas 3 and that they were two words having no
iigoification ; and that the writ was returnable before our lord the king at Weft«
minfter at a ^Ay certain, when it ought to be returnable uhicunqut, (^c« f^id. 90*
For iofufficlericy of the return of original, 2. Mo Intr. it:
That writ was made returnable by the late Oieriffi when it ought to ^ returnable by
the prcfent, CL A£. y* x.Bro. 3.
For that tbe IherifFhad no authority to return, Clif, 9.
Varianae between tbe M^rit and Regifter> Rig, pL 276. z. Mo. Itttr. tt. {See p^»
Variance.)
Variance pleaded after imparlance ; replication^ /r^rr/W/ uon, becaofe imparlaace vu
fpeciait Cli/. so.
Defendant in the original is defcribrd of a pariih, via. A. and it is not aUedged ii
what county the pariih 15, Ra4 Entr. 49.
Debt againft the iherifF alias diQus, ^c. on efcape ; abatement, for that the ah'oi
diSus is iurplufage^ not being founded on the fpecialtyj Htr. 7*
That he claimed to be his right omitted in tbe original, Ajhti 6. Htr. 6. AJhL 6.
Formedon of a cottage againti the form of the Regifier, Her. 464. Afi^t. 32s.
For that the defcent of the demandant is not alledged in the writ^ Co. £9/. 320.
I. Additida
IK THE CIVIL iHVlStO«^ TJ
I. Addition of
1. PlaintiiF. ^
2. Defendant. M^^S)*
3. Place. J.
1. Addition of Plaintiff.
VoLfc PRlCIDENTtikr
I. fioOKS^PRACTlCf^
46. Pica in abatement^ that ^ifetMF wat no baronet when he
fued in the fiile of knight and baronet.
Plea in abatement agatnft a clerk of fi. R. that plaintiff is a
knight ; demurrer ; joinder \ jodgment of nffondtAt
•u^tf^ , . • . 1. Ld. Raym. 1014
Plea to an aftion brooght. by an mttvmv^ that he was forejudged , i. M^d. Eat. 3.
Mifnomer of the addition, i. Mod. Ent. 20.
In d0wet» that demandant was a knight at the time of fuing forth the writ» C/. Jf. x.
I, luftr.Ci.Si. Reg. pLztj.
That baron demandant was made a knight before his deaths and hrnti cdjfttwr^ CU
AS. «:
That plaintiff loft her dignity by marriage, I, Br9. 3.
2. Addition of Degree of Defendant.
ToL. PaSCEDBNTS in
I. Books ^pR ACT icff>.
Pagt ^ KsPORTEas, &c«
3. Plea, that defendant is of another addition than that by
which he is faed» namely, mircbant inftead of broker ;
replication to the above plea> that defendant was a bro*
ker, as, ^c.
24. Pica in abatement of the writ (in treffafs in C. B. againft
feven defendants^ after plea by two of not gatlty) by four
others jointly of the want of proper additions.
25. Special demurrer thereto, with canfes, and joinder (/?«
Demurrers to Pleas) ; plea of mifnomer by feventh.
26. Special demurrer thereto, and joinder thereto {Sit Mifno-
mer of Defendant, ^. and Demurrer to Pleas).
38. Plea, that defendant is of another addition than that bv which
he is fued ; replication, that defendant was a broker.
54. Plea, that defendant is named without his addition car<vir,
54. Similar plea, innboUer ; replication thereto, that he fued
outoriginal againft defendant by his proper addition,
t'j. Plea, that defendant is a prieft in holy orders^ and not a
yeoman.
That defendant is an efquire, LiU. Ent. 6. • 2. R. P. B. R. 9
A dodor of phyfic, Liil,Ent,2. - ' - - /^,y^
The want of addition, - - * 2. k. P. C. B. 5
That defendant is a baronet, and not a knight and baronet, Z///.
iff/. 5. - - • • • - /^y^, 5
Abateroerit
mhsx TO LiAi)iMa TitiES- ais-'ktAtts
P^tCBDKlITi fa
. &BPO&TErS, tfc.
Al>atement in ;^efpafs, defendant a ycottaD* and aot a
cheefemon^er» - . • • • * a« R. P.C. ft. 157
^lea in abatement for wast of addition removed into B. R. CI. AflT. 40S
Abatement, for that the, defendant is a baronet, and not a knight aiul baraoett
' I. MeJ. Ent. 24. cl MoJ. 50k. : ,
That dcfendams are ntiices and not fiftefs to WUliair, i. Moi. z.
Mifaomer of addition of degree^ 1 . Mod, lo. i . Salk, 7 •
That defendaat is 41 yeoman, and traverfe that he is a gentiemao» ^/. Gm^ 4.
That defendant is known by ijkie name of T. gendeman, and trarorfea dwt hie it
known by the name of T. broker^ R^. EiUr, 91. Rafi* 108. Jfit* a. Uf. Btm.
Ft. %. Not an efqinre» Htr. i\ That T. the wife of A« (named in dio wnt l>«elielii
of S.) has loft her nameof dignity by marriage* i. Br9. $. That defetf^aai ia a
chafMoaff, ^nd aot a hu(ban40lan, 3. Imfl. CU 8Cr- R^, Emt, ie8. i^ei. ttUr. 44.
Afift. a» 6^* 222. 217. A batcher, and not a, hnibandman, 2I Mmi. Inir. iii
That defendant is a baronqt, aad not a kaight And baronet, i. Vma. i^ dlfi
17* That defendant is a gentleman, and not a pbyficiao* Ci^.96.
In an>^l agtioA afpinfter* pica ihat flie U a gentUwoaaii | xAnp^l, that dcfcadmi^
was profecoced b^ that name* Djrtt 88*
3. Addition of ?]I^C6.
Vol* pREC^DKNTS/iff
I* Boors ^pRACTICi;
Pagi AepoItsjls* &C.
73. Plea, tliat C. is parcel of R. in trefpafs at R.
lio addition of pUce of defendarit^sdwelling in 1
and C.
the writ ^
demurrer ; joinder ; continuance ; judgment re/pondeas
oufitr, - - - - . i . RP. B R . 37
That there are two vills in iMe coonty» vii. Old M. aad New M. and neit|liBr with-
out an addithht and traveries that there is a vill in thejcoaaty called M. wichooc
addition, l.Infir. CU 72. CL AJf, 4. i. Bro, 2. Mo. Im(. 3^1. 343.
1?) irf/pM/i at R. and C. defendant fays; chat the f«d place called C. is within ilie
iaid vill of R. aod parcel of the viU j plaintiff traverfes, aod Mue, Gi. Jfy
Rig. pL 287.
j?6r defed of adfition, viU or hamlet. CUf. 1 5, itf. ,
ir.S7l^'*'"=- ^ ^'*>'
Vow.
L
63. Plea in abatement to an MiSlfHikt, that the def^n^aqt was
^ C99Vir/amt in the pariih of Stt M.and not in the pariih of
A. as is* feppofed by the lodiAment,
5f. plea, that detendanc was commorant in the pari(h ^ St.
James^ traveriing his commorancy at L. ; repUeatiou
tbereco ; din dauts to I'tjom* ^ - «
Pie»
Jilt THB CIVIL division;
Vol.*
I.
#j. TkMf diAt 4efe&duit wtt eommomit ht At parilk oT St« .
immei, sod tnverfiogp tluit hs was commoraDt io Lon*
oil; tBPLrcATioN» that the defeadsnt^Yome (hort timo
before the ifliiing of the writ, was commoraot in Londoo ;
damwrtct thereto, aod joioder {Sa Demarrer to PieaS|
2^« Plea'iaabatementi noa-comoiortiicf.
Flea of mHjprifioo of commoraaef, !• M#/. &f« 7.
In Mi 00 Dood defendant pleads f that he wu commorant at B, in another connt/ ;
ffwplication, that defendant is fo defciibed in the bond, 10.H.6.S.
^hmt defendants were commoraot at B. C« and trarerfe* that they were commorant at
C B. I. Sn. 6. |. itt/r. CL 81. Ra. Etti. tot. 19J. 299. f^et. Intr. 8o«
Replication* that pan&is named as well by one name as another, Ra. Ent. loo.
Upf9r Bimcb Pr. 5%. J^. Snf. 300. 298. That he was commorant at B. In cho
coootjr of S. and trarerfes* that he was commorant at B. in the writ named, CL Jjl
13. 2 and fame in apfud^ and iifae* HtmJ. 86$.
Roplication to a plea of mifprifion of commorancy* that H. is a hamlet of L. a
rejoinder, that it is m vill by itfelf» K^ Em. 108. That defendant is called
R. Do« and not R. Dy* and was commorant in another place. Id. 298.
Osie defendant pleads mirnomcr* another pleads that he was commoraot in anochef
▼illt Id. 6io. Vtt. Inir. 4|.
IMf againft W. of L. ; and aefendant fays, that he was at L. as a gueft only, and
was not commorant with his family at L* 1 replicatiooy that at the time of execat*
ing the deed, and before, defendant was commorant wich his family at L. and not
su agneft ; demnrrer ; and judgment for pl^ntiff, Ra. Eatr, i6o.
flea 10 abatement of the writ, that there is no fuch town or hamlet to an aftioa
gui tamp U Mod. t.
3* Mifnomer of
z. Plaintiff. )
%. Defendant. ? (25}%
3. Places
I.^ Mifnomer of Plaintiff'a Nllne.
PaxcaDiNTS im
BoOKS^PftACTIClp
Rt^onTsM^ Apc«
&Gfnoner in the Sik of plakitifs a corporation % traTerfi»
and demnrrer thereto ; joinder % condnoance % iftA
jadgment of u/pmukat otlfier, Lili. Ent. 4. * * S. R* P* B« R* t
lliiaoiiicr in the fiile of a corporation, t* M$A Emf. tz.
i. Mifnocaer of DefendMit's Namob^
Vol.
I.
I • Plea of oufttomer of the defendant to tkt cbriJHm md/kfm
aamt.
Vol, L ^K R^IiottiM
IN1>£X TO LEADING TITLES Olt HEADS
Vol. pRBCCDIVTStf
L Books 4/Pi.actics«
Pa^e RironTERSj Jtc.
2. Replication ofuelU pr^/iqui to ttie abotre i»let4
s« Plea of mifaoiner of defcDdant^A Junumt in the county nmrt %
^gidofvU of the plea.
9. Plea of mifnomer in chrijtian name of wife pleaded in an
adion againft bujiand mad wfi (Seg BaMd abd Feme
Defendant an/f).
l6« Plea in abatement by two defendants in ir»vir of a mifno*
mer of one*
26. Plea in abatement in trt/pafi againlt feveh in C. B. of mif-'
Domer by the feventh of chriilian name, after plea by
two of not guilty» apd want of additions jointly of ch6
other four ; fpectal demurrer thereto, and joinder {Sa
Addition of Defendant antty and Demurrer to Pleas).
32. Plea in abatement of the bill in B. R. of mirnomer in
defendant's furname.
34* Mifnomer of chrijliau name ; plea in abatement Thomas^
and not John.
|7» 38. Plea of mifnomer in the defendant's chriftian name %
replication thereto, that defendant is called and knOwa
as well by one name as the other.
47* {o. Plea of mifnomer of defendant's chriftian name.
8i. Plea in abatement* that the defendant was baptized by the
name of William, traverdng that he was erer called or
known by the name of Mattheiv,
Mifnome)* in defendant's chrijiian name, Lill» Entl 6,
C. B. Imp. Pr. 266. - • . - 2.R.P.B.R, 8. 19.31
Of defendant's y«n7tfwf, LHL Ent. 1. PL Jff. 452. Ihid. I
Mifnomer in defendant's chriftian name ; imparlance to
plea ; further imparlance ; replication ; elloppel ; de-
fendant put in bail by name of Elizabeth ; demurrer ;
Joinder ; continuance, Lih. PlacitanM, i. « Jhid. 31. 339 34
Plea of mifnomer in abatement of the wiit in trejpa/s, a. K. P. C B. i(
Plea in abatement* that defendant was baptized by the
name of Richard James, and not James Richard ; de-
inarrer> and joinder, • - - 5. T. R,i9^
Mifnonter in the fumamet l. Mod. Ent. 19. l. Mod. Ent. 8. 4. Mod. 347*
61 Mod. tt;. I. Salk. 675. Mod. Cafes , 289. Lilly Ent, 1.
Plea in abatement for mifnaming his name of baptifm, i. Mod. Fnt. i8. Lut, 10.
^Yax di/tndant is called J. R. and not J. W. ; replication, that he is called as well
by the name of J. W, as by the name of J. R. ^bo. i. CL Af. 103. PI. Gem.'}.
Replication, and iflue, Ra. Entr. 40, 50. 54. 108, 296. 334. 5164 616. Fgi. Imtr.
IJ. 44. 221, aia. Upper Bench Pr. 3, 4/hu l»
That defendant is called W. Sper^&ell, and not W, Sper/ell ; replication, that he is
called as well by the one name as the othm', CL JJf. 1 1. Replication to tiie mif-
nomer, C/. Mar. 435.
Name of baptifm, x.Lnt. lo. Mifnomer in abatement of bill, JJbt. i.
Plea by one defendant^ that the other bein^ an outlaw was miffiamed in the addition
of junior for feoior ; demurrer ; and judgment to anfwer over, for that one
defendant cannot plead mifnomer of his co-defendant, 1. Lut. 35.
That defendant is named W. L. of H. and not W« L. of L. in abatement ; repUcap
lioB« that he is caUed as in the writ* Ra. Em* 353. /V/. lutr. 211.
Trcfpafs
In tub Civtt DIVISION.
9lM[/j^afi igainft A. «sd B; ; A. pleads in bar, B; pleads miroomer of the furname s
repfication> called as well by one name as the other> Rg* £»/. 6io« f^a. Intr.
43*
IVrit for W. and Agnes his ^ife ; plea^ that name of the wife is Anna, Hn* i.
I^lea oJF mifnomer in caHody of lheriff> Ra. 6i6.; at large, lb.
TMree deftiidants come ib their own perfons^and fay^ that they are the fame peribna
agsunft whom plaintiff brings his writ t iirfl fays, that there are two of the fame
ia the fame vill, and that he is junior ; fecond fays, that he is commorant in ano*
ther vill ; and the third pleads mifnomer, Ra» Entr, 6io. t^eti InU 43. Aflift. 3.
Mifnomer of cbrifiimn name, Tbo, 1. FL Gin, 8. 3; Itifir. CL 68* 70* 2. mom
Int, 12. Clif^ 16. Raft^ £nt» 296. Her. 9. Suraami, i*Br9% 3* Tbo. U
3. Itiftr. CI. 07. Rig. //. 288. Her. li
Mifnomer (Pleaded in abatement of bill in B. R* Tb^. i«
Mifnomer oicbriftiam name 6f wife in the writ of fumiiions, CL Affl 12. 3. Injtr.
Ci. 68. Reg. pL 289. Han/. 119.
C* Jt abd B. cdme in their oivn peHdbs, aod'^fay^ that ihey are the fame perfons
againfl whoa plaincilT brings his writ ; C. fays, that there are two of xhe fame
name in the fame vill, and that he \% junior ; J. fays, thajt he is commorant in ano-*
ther vill ; fi. pleads mifnomer, 3, Infir. CL 68*
3. Mifnomer ot Place.
Mifhdmer of parifh in appeal 61 death, Br. Red. 2. Reg,pU 284.
\n appeal, that within the county of Middlefex there it a certain p«riih called by the
name of St. James within the Liberty of Weflminfter, bat not by the name of the
parifii of St. James, Weftminfter ; demnrrer thereto, i. Br9» 2. Br. R. 2«
2. Mo. Iut» 13. In dfhwiert that part of the lands demanded lies in M. and not vti
£. nor W. ; replication, that M. is a hamlet of £. Rob. Int. 28$. Formedom, that
part of the lands demanded lies in G. and traverfes that it lies in H. and iffiie«
3. Bro. 16c.
Id trejpafi at K. and C. that C. is within the vill of R. parcel of the fame, CU AJf%
3. 13.
That there are two vills in the coontry, viz. Old M. and New M. and neither with*
out an addition : replication, that the vill is called M. only, Ra. Bnf. 47. io8.
)oo, 30 1 « 615. 646. f^et. Int. 44. 217. 222. Her* 9. Moile, 138. Afit. 3.
. Replication, that defendant is fodefcribed in the bond ; demurrer, Ra, Ent. 159.
4. Mifpriifion of the Vill,Hamlet,Pari{h,Hundrcd,and County (26) ;
5. NofuchVill(27),
Yot^
I.
Page
72. Plea in abatement in an appeal (A nvanAtr for mifnaming the
pariih ; demorrcT ; and judgment {See Demurrers, \
Judgments).
H^ Plea in abatement for not diftiaguiihine the vill.
i^. Plea in abatement for naming the defendant of a place which
is no vilU
73. That C. is parcel of R. in trefpafs at R. and C»
Mifnomer of the town wherein the entry and trefpafs Is fnppofed to be pleaded ia
abat^ent, i. Mod. Ent. 19.
K k 2 Abatement
INDEX TO LBAD^O THXES OH HEA2)S
Abttement in Hui and Cfy, for that tbe bniMfrcd b the coaat u pared of
handred* i. Mpd. Eut. 19.
A plea in abatement* that there b no fuch town or hamlet to a fw tMm» i. M§JU 8»
By milbking the conaty, i. Mod^ Ent. la.
No fnch vill in the county ; replication, there If foch a vill in the connty caBod W.
1. liffl, Ck 77. Rm. Ent. io8. 298. 334* 35]. Djer^ 1^7. Fei. /ar. Ml 86. 1 af^
Upptr BtMeS Pr. i. Her. 8. 4fif* X* C«f// Jaf. 1 a i.
Tr^fafi at I. in the vill of fi. } defendant fays, that !• is no vill, nor hamletj not
place oat of the vill» CL Jtjjf. 1 3* 3. Injlr^ CL 70. Re^. pL a87«
Grand cafi againft A* and B. ; law at the day of non»fummons by A. B* s pfe^ nO
foch viU in the county ; demorrer* Ra. Emir. 424*
Tre/pa/t at W. in the pariih of L. ; that W, it in the vill of D, within thepariili of
L. and traverfes that it is a vill, &c. called W* ; and i£be, Ra, Emt. 684.
In /(frmgdom, that land deotanded bin C. and not in B. Raft, Emt. 36a. Htr. 6. JUk*
322. Vit* Intr. 90. In tiffixe, that part of the lands lie in another vill, It^jg^
That the corporation b maier, br^tlmn, dec. of B. and craTerfes that h b a m*
CemityoLS. /f.68.
6. Variance
Between 1. W^^ ^
3I T^aincnt; and r(^)*
4. Letters of Adminiflratiom J
Yo^« PaaeaniNTs /•
1^ Books ^ Pa ACT lci»
fmgi ^ KKPoaraas, He
69. Pfea of variance between the wnt and fpecialty.
70. Plea of variance between the writ and fpecialty after tftr.
70* Plea in abatement of variance between the original and
fpecialty ; and the like ptea t^ier oyer^
Plea of falfe Latin in the bond, defflandine a different fum
than that mention^ in the bond» LiU. Emi* 5* • * 2. ft* P. B* R. 1>^
between declaration and deed» • a. R. P. Q. B. a
Abatement for a variance between the writ and the county for that he brings the
writ and the count ; and that he brings the wi it as a knight and baroncij and
ooontt as an efquire, i. Mod^ Ent* 7.
Debt on bond dated a7th April, 2. Anne ; 9^er of the orieinaI» which was telled
xft April in the fame year ; abatement* that the writ was brovght before the date
of the bond ; replication, that the writ on which he declares was another writ,
which b entered ink4ec vtrba^ and was tefted after the date of the bond ; rejoinder
by way of eAoppel, by reafon of tyeri demttrrer* condading as if her plea had
been a plea in bar ; and jndeircnt for plaintiff, Lut, 1642.
In dibt oil bond defendant pleads, that the bond was made to xhtftiiber decealed* and
not to they^of that namr, Cl^i. 7. In debt on bond for 800K 0y#r and plea in
abatement, for that the writ and declaration are not warranted by the bond, becaafe
in the bond it is ^Sogen/is inflead of§Anfntis ; plaintiff confeffes, Br. R. i^.
Rig, PL 279. ^ 2. Mp.lmtn 10. 17. i. Br, 127. H^b. 19. JJ^t. $. Htr. 5^
Between the writ and deed, 3. Injfr, 39. 100. CI, Aff, tt 3. Rrg, pL 278. a8i«
JJtt.^t 4. In pUintiFs addition, Ra* Entr. 4S9«
70/Plea
IN t^Rfi CIVIL DlVtUOV,
Vot.
I.
70b PteahtbtteoientefftrfaficebctwccBditwritAndtdfaHneat
in diit by aa ucttwtir.
Flct in abttementf that the writ is dated before the ktieri of adniniflntioii*
t* JIM. £m. 17. Lat, 8,
For variance between the writ and teliainent« CL Jiff. 14* ^x* fU aio. 3. Iifir^
Ci. 40. 4S, a* Mi. /iir* 1 1. Jfit, 5,4.
Variance oetween original and letters of admioiilration beiof omitted oat of the ori«
gtnalf mUrni D* and jodgment on the v: jw of the Conrt« j. /^r* CA 44* itf#« /jr^«
It* i*£«/»S|9^
»• Between th^ Plaint and Declaration (29).
Vot.
I.
8» Plea of varianioe between original writ and declaration.
9. Plea of variance between the writ and cbiint to the mMtkUm .
7 x« Plea in abatement ibr variance between the plaint and de«
claration.
^r variance between the writ and declaration* 3. ln/tr» CU 30. ^5. Iteg. Pi 277.
a. Mo. Intr^ 9* In partition, Jfii* 4. In the name ot plaintiff, ti. Writ
knightf and count efqnire, Hir. 3,
Between the writ and bill in B. R. i • Bro. 3. 3, Mc. Int. lo.
Between the writ of ix/u* and declaration* in the name of defendant^ i. Bro. 4*
Between plaint and declaration, Clif. $0. In the infmor court, for variance between
plaint and declaration in ^k^ Br. B. i, a. B££^ Fh i%z*
2. To the ^^im of the Writ.
I. Adion tnUconceived (30).
Dfit 00 bond, that it was made in aaother cooatx, and prayt* that pbintiff may be
examined thereon, and Jits dtums, Rm. Bnu 1 79. Where plaintiff is examined in
court, and judgment toqnafli the writ, lb. 184^ -
In mitmnt prays, that writ may be quaihed without eaufe (hewn, and judgment to
quafli the writ, for that a former aAion was tried in another county, /e. 9 1 •
Amdita quirtU in C. B. on ftatote merchant } plea, that Court has not cognizance
thereof, I. Jnd.txf^
Original writ for chattels, and Count of one thing only, £Err. 4,
Yre/fafi for taking a dog, and Count for takbg one dog one day and another the
other» Hir. 3. .
On the ftatuu •/ Laicunrf ; plea, that defendant was^n apprentice, and not a
icrvaat ; and mue, Ra. Mnt. 422. -
In dih, that one of plaintiffs died before original purchaied ; replication, that he is
alive, Ra.E/it^ t6l. ^l/ht. 9« In tre//aji} and replication, that be died after*
wards, /^. ia6« One pf plaintifi died pending the writ, and leave to get a better
writ, ^. 16, .
^ K k J / Raviihment
INDEX TO LEADING TITLES OR HEADS
Ravifimfnt of ward of daa^hter» that daaghcer took baron before the writ paPv
chafed ; demurrer ; and judgment to anfwer over, Ra. Eat, 394.
Formidtn in di/ander ; abatement, for that it ought to be in remainder,. if/r. 465.
FormiJom of a manor and ckacei that cbace is parcel of the manoi' ; demurrer^
Ih^ 470.
F9rnudon after partition, that one had nothing in tenements at the time of the par^«
tion ; and iffue, Va^ Jntr. 179.
Entry t where demandant alledged the entry bjr H. when entry was by W, aod act by
H.; and iflue, Ra. Sntr. 249. Fit, Int. 176.
Where J. is alledged fon of W. and W. has no fon called J. Ra, Eatr. ^o.
Hut and Cry ; that hundred in the writ is parcel of another hundred, and nqt a hoor
dred by itfrlf, J^#r. 8..
In trtj^afit that plainttflF held lands of defendant by certain fervices, and ^efeqd^nc
came to diftrain for rent unpaid ; and prays judgment of the writ *oi et armis ;
replication^ that defendajit was a trefpaller, and traverfes the tenure^ Ra. Emitn
BBPQRB PAUSB OP ACTIQN ACCRUBD.
Fagi
5$. Flea to the a^idl of the writ, that the plaintiflF fued out the
original writ of attachment of privilege btfort thi eaufi of
a^ion accrued,
63, 6^1 65* Plea, that the original was fued out before the
cauie of a^ion accrued ; demurrer, and joinder {fee De-
murrers to PleaSf &c.) ; judgment of rej^ondtas oufter {fee
Judgment in Abatement).
In deht on bond, that plaintiff fued oqt an original writ hefore day efpaymeaa^ i. Br^
1. 3. Rl, Gen, 346. ylnjfr. CI. 53. J^t. 7. Her, 5. ; and judgment, Br. IR,
350. Writ fued out before day 0/ apfearance^ Clif, \o. In trefpafs^ that pUi^titf'
fued out writ he/ere day on which trefpafs was done, 1. Bro, 4. 3. Infir, CL 54.
a. Mo, Int. 15. Clif, 19.
For that the writ of ca.Ja, did not iflue before the writ of fez, fa. againft baO^
3. Infir, CL ?3» • .
That writ was uied oat before caufe of adloq accrued, Clif, lo. 19. Confeffioa of
the plea.
Delt by baron andfemie^ that plaintiff fued out their writ before their mfiriiage wm
• celebrated ; replication, that macriagc va? had before original purchafedl^
i.^r#. 4*
For that the bill is in eafe^ and ought to be in account, 2. Mo, Int, 18.
For that a party is named in the writ who did not fign the indenture^ ^Mf\ 4*.
For that the debt is not fpecified according to tktftaiut/t^ Clff 7.
In account y^y the African Company, that the Company made defei^dant and others
their r ceivers, who received money jointly ; replication, that defendant alooc
received the money, and trav.erfcs, that it vfM received jo\nt(y, Br, R, i.
For that adion is laid in the connty in debit Clif 6. That property is in the
defendant, lb. toy, ""
That after the purchafe of the eoods, defendant gave a bon4 to fe^ure the payment
' of the money ; replication, that he did nQt, Hanf, 104,
Debt 00 judgment ; plea in abatement, that (be Record' was removed bj writ of
' error into tne exchequer coamber ; demurrer i and jodgm^t 9f reffq^ii^gs otifier,
1. Lut, 601.
FUa in abatement iufortaedon by Usj^etituti, i« Lut. Sjr*
IN THE CIVIL DIVISION.
:>l)iit on a 'writ o/wafie ; plaintiff entitles himfclf to the reversion by difceat « ,
"cSefendant pleads, that hit title was by devife» 8ec. and traverfei the difcent ; aiid
ftield well on general demurrer, i, Lut. 1557.
ft
2. Another Caufe of Action depending (31)*
01: pRBCIDBirTS7V»
I. Books^Practick»
je RiPORTBRS* 8e^
8. Plea in abatement of an a^ton of di^t on bondln B. R.
that a prior a'flion is depending for the fame caafe iq B. R.
37. Plea in abatement to declaration ^m tarn on the ftatuu of
Car, 2. r. 8. againjf a hut chtr for felling It^vt cattle 9 another
adlion pending at plaintiiPs luit for the fame offence.
Plea of a former fait depending for ^tjanu caufe of adVion
in xhtfame court.
Replication of itul tirl record to fach a plea.
^3. 64. Plea, another aflion depending in C. B.
^9* Plea to a popular action, that a prior fait is depending
againft another perfon for the fame offence,
plea in abatement for the joinder of inconiident caafes of
a^ion in one bill*
ya. The like plea, when the caufes of aftion depend on twe*
fcveral titles.
72. Plea it) abatement, that the bill is in cafe, which ought tobc
in account.
Lis pendens in fame court ; replication, nul tici record, LilL
Ent. 2. • - - - - 2. R. P. B. R. 19
Lis alihi pendens \ and replication, LilLE/it.y, - . - Ibid. 2^
Replication of nultiel record of 3u\othcr a Aion depending for
the fame capfe in the fame court of B. R. - 9 Lill. Ent. 7
Kejoinder thereto, that there is fuch a record j contlnoance
' thereto; general demurrar ; and joinder, - • Uid^ti
Pl«a of another adion depending in C. B. i. Mod. Ent, $. Lill. Ent. 7. a. Salim
715. 2. C/. Englsfi Tutor 9 lot. Special imparlance, demife of the queen*
Another a&ion pending in the fame coort, 1, Mod. Ent. lo. t. Soli. 71^, M^of^
539* h, Co* 11 8. 2. Vittt. 170* a. Cro^ 481* l^oy, 82, Bird, 122* 3, Ca^
In d4t, that plaintiff fued but a former writ for^he iaroe debt, which is yet pending,.
I. Bro. 6. That plaintiff impleaded defendant in the mayor'* court of the city of
L. in the fame adtion, which is yet exiftbg, and not difcontinued ; nul tiel record
. thereto, ^0^,£ff/. 222.
Talfe smprifomnent ; defendant pleads, that plsdnriff in a Term paft fued defendai\t
by that writ for an affault and imprifonmeott and thercopon by hi» attorney com-
plained, firhich is yet pending, i7r«. 22e. 7. iVt. /iv/r, 14.
On xJtitftatute $. £/iis.tothe bill firft exhibited by another for the fame offence, whicl^
ii yet pending ; replication, that the bill was firft exhibited by fraud ; rejoinder,
' that it was truly and jufily exhibited ; and traver fes the fraud and iffue, Tbomp. 6.
Rgplicatit^ by i{ul tifl r$(ord, and \S^t ; and dies datus to bring in the record^ Thomp.
148. ytd.i^j. . ^
Information ; that informer exhibited a prior information againft defendant in the
(inoe ^ourt for (he fame offence, which is yet pending, Br^ R. 4 j^.
K k ^ la
IMDBX TO LBA0IN6 TITLES OR HBADS
*
la Mtf at to part ml Abet^ ts to 1 6K defendant pleads another faiD pending^ j. Jjgilr*
Ch 97* I and replication by covin i rc^oinder^ ibat it wu truly and j^ jr rrhilmirf j
lb. 90. Surrejoinder* and iflueon thefr«ud« Vid, 1^7.
A^on pending for the fame caufe in G. B; Clif. 2»
Another bill pending in trffimfi, lb. %, 9. la.
That plaincif fued out ano her original for the faaae debt, CL AJfi $. 3. /^/Kr. CAr
400, iOI.
J>ibt ; defendant pleads in abatement of the writ* that another writ b pending, 'knd
j nd ^ment for the fame debt ; and the record thereof fent by writ of error into B. lU
Rob, Ent, z.
Another adion pending on a writ direded to the flteiUTof Wilts 1 replicatioii, that
nothing was done on that writ» bot that another writ of the fame ujit was hnm^kt,
dire£^ed to the (heritf' of Southampton ; apd defendant appeared to that writ, aad
on that he declares ; demurrer thereto, and judgment for defendant, for that the
adionis brought in Middlefex, and that the plea had fdfified his writ, i* Lttf* 3)«
In trifiafi again (I three, plea another adion pending againft two of them, bot nothing
pleaded as to third ; judgment for plaintiff to recofer daniages, for tha;^the ple^
begins and concludes in bar, I* Lut. 41*
In ajj^e, that plaintiffs and others brooght their writ on the fiatnteof Forcible Bnlrj
for I he fnioe trefpafi ; replication, that it was another ; demurrer, Ra. tmi. 6^
Tnat plair.(iff brooght another writ of alEne, which is yet pending ; and demwrer,
Jb. f V -4^/^Wf that plaintiff^rooght a former writ ; anddemorrer, C§* Zmir* 59,
Iziahuintt that pUinttff brought another writ; uul tUlretord thereto, Dyer^ a&g,
Dt v.: againft mdmiidfirai^r, that plaintiff brought a former a&ion againft defincdnt^.
whu imparled | mui tiel rgif^rd ihtftiOp Hir^ 2. JJb. 7*
Tiea, dot defendant wu in a former Term attached to anfwer plaintiff of a plea
e««r#^ {^c* I and tberenfon by his attorney he deckred, &c, C#. Ent. 50^
|. Thing* done after Original pxircbaftd ?/^^\
and txbibiting Bill. jV3*/-
^$k ^ bond, that plaintiff nfter original porcbafed made a relenfe of part of tihs
debt ; replication, that defend4nt was bonnd in another bond, and relenfed rart
• thereof i rejcMnder, that the releafe was for part of thedUtt denuuded^ ; and i|be^
That plaintiff releafed to defendant t^xw fning ont the writ, FL Gem* $, 6.
Thns it appears by the declaration |hat the demife waa ande after exhibiting dM
bill. Tbmf. t.
Ill dtbt^ that plaintiff receired part p{ the debt demanded after pri^'nal pnrchafed |
repHeati ^n, that he fold defendant goods, im part of wht^b plaintiff received port,
and rreverfet^ that he received part of the debt demanded, Rob. Jlwt. 3. Rtif»
|a ^fim»» (hat pla miff after fuing o^t original took npon bin the order of knight of
the Bath ; ipetial demurrer, fid. 93.
^rlc of |rr#r pleaded in the exche^oer in abateONHpt of the* writ, CUf. i|.
jDeetaratTon on feifrai fiffmrnffiu in an action brpoght by feme after tasparhncc |
defendant pfeadst that>^«rr tbinimt purcbmf$d plaintiff took baron ILD* ; rcpl|c**
t!on» that fince the pnrchsie of the writ ihe did npt take ^aron the (aid H. ; and
this, ^c. ; demurrer, for that plaimif does fM>t attr (M wna fj|)|e | and jfi^gnmil
'^ KodiipaiaBlf
IM THS CIVIL DIVISIONt
4* Non-Summons (33);
5. Non-Tenure*
6. Sole-Tenure*
fgiii cmpi tgainft tlirec } one fayst that he it (ble ttnant» and was biodert d bjr
cmimmm «f lur 1 fame plef by two others ; replication, tenants in common, ttm^
Mnt. sjro. AffxaSi one of a moiety ; the other tenant comes at the retnrn, and
iaya^ that he is bit tenant : imparlance ; replication, tenanu in common* Ik^
^r^afs againft three one makes default on ^tgramitapit andcooats agidnt two
otMrs I one pleads am diffttfivitt the other fole tenure and wmUJeifimt ; repll»
cadon, that all difleifed, entered, and enfeofied Grangers, who took dM profits }
rejoinder, non difiifi'vfnmt, JU, Stur. tjt.
Vm-Jummms to the retarn of \}m grtmd caft^ %• Inftr^ CU 84. 9f •
Tre/fafi againft three ; one as to third part fays, fole tenant and nan J&ffeijhnt ; two
others fay » fole tenants and mvn di£9ifi*tf€runt \ replication, all jointenants of tho
firft third part, and tenants of the other third part> Rm^ Entr* ayj,
fTmud»m agaioft four ; one pleads, that he is fole tenlbt of part, and as to r^vo
all plead non^tenure ; rephcation, all lenanu in common, Ka. Sni. j^f. Fa^
JmiTp 78,
ymrh mtrum agunft A. and J. who plead, that they are not tenants in common, bat
A. holds one acre thereof ; itjg, ^c, Ra. Em. 419.
Jnyirwedpe imdi/cendirt defendant pleads to part npft'-temttrt, and fhews who is tenant
to the other part ; that demandant had entered ; and replication to noA-tenare,
that the tenant was tenant* &c. ; demarrer to the refidoe ; judgment for the de->
mandant, for that the lad plea was reptignant, and alfo for that the time of thst
entry of demandant is not ailedged, |. Lut. 37.
Mon^'tennre in dmetr^ I» Btp* 205. 2. A&. tntr. \i. Ra* StU^ 230* ajt, tytf
AJht. toi. a^t.
To part. R9h. MnU t^. I* tro. 202*
fmrwudw^ 2. Br§. 164* RM.Ent^ 440. 14s.
Againft A. and B. s A. pleads non-centire •; B. fays, that he is ible tenant ; aa4
vouches, 4/bi^ 325.
Of lands and rents, Rm* Em. 2^3^ 362, Fei. Intp 7* 361. C#. EnHr. 32^. Fet^
Jlmtr. 114* 3. Br. 200. 3. Br, 312^
Writ 9f right ; non*tenure pleaded ; replication, that he is tenant ; iflne, verdifi^
and judgment thereon, and writ of feifin awarded, i. Br9. 314* To part replica*
• Uon, and pats himfelf upon the grand afliae, \. Bro.jt$.
Ferar#4^49jr to part of hwds and rents ; non<-tenare to the refidueofthe lands me Jm0
pas : rephcation, that plaindfis are tenanu of the lands demanded, and rccei? ersof
the rents, %. Bro. 164.
In «jla#,non-tenore ; #/>f, bfc* : plaintiff never feifed ; itji,lic. % no wrong done^
£§i. Ent. 1 28. Ra. Ent. 66. One pleads non-tennre, the other voachea ia a
wnkofaiti againft two, Htr. io.
NON-TENURE, BY DEPENDANT (34)-
Sa JoiKTENANTt andTiNANT* in Com mow.
)n tr^ftfu that A. on the day of foing forth the writ, and long be|bre> was feifed In
fee, and died pending the writ ; the lands defcended to tenant | and traverfes,
that he was tenant on the day of (iiing out t|ie writ ( replication, that he was tenant*
«n4 imveiflf'f (Wfec 4i^ ^fjpd pending t^c writ i and iffoe, ia. E»t* 416.
In
IND£X TO LEADING TITLES OR HEADS
Ivkformtdon^ non-tenare ; replication, that he broaght another writ* to vrhich teime
perfedled his law oi non-fummons ; another writ purchafed, on which procefs till
the eiToin after view, and then leave to fae out a better writ ; and that he was
tenant on the day of fuing forth the writ ; and i/Toe, lia. Ent, 417.
Plea of non-tenure in dowir^ i. Br^vm^s Ent, 205. z. Mod. Intr. 16. J^a. Emi^
a^a. AJbi. 10. 2$8.
Similar plea to part. Ra. Eat, 233* Fei. Ent, 114, 5. Brawnl„ 206. RMm/im*i
. MMtriiS$ 2^6. I. Brown's E«t, tot, R4, Eni, 230. 253.
Similar pha xnformidon, 3. BrownL 312. 2, Brown' sEmt, 164. Ra, Ent, 440* 142.
C9. Efft, 3a ^ 329.
Plea of non-tenure in writ of right ; replication, that he is tenant ; and ifTae* vor-r
didt and jadgcDcnt thereon, and wric of feifin awarded, 1. Brown's £*«/« 3^4-
Similar plea to part ; replicaiion £miiar ; and puts himfeif apon the graact affiac.
I.Brown's Ent, 313.
Plea xnformtdoH to part of lands and rents ; non-tenure to refidae of landt mo domm
pas\ replication^ that they are tenants of lands demandedi and receivera of ibe
. rent, t,, Brown's Ent, 164. Ra, Ent, ^6^.
Plea of non-tenure in a/^me, and fo, &c. i pleads never feifedj and fo^ Sec, ; ««/ tort,
Robinfin's Ent, 128. Ra, Ent, 66.
{Plea, that defendant was not tenant as of the free tenenoene at the time of the writ*
3, Ii^r, CI, 83. Replication, and iffue, Ci, AJf, 8. Brown's V, M, 4J9.
Flea by two to the return of the grand cape, non-tenure to the writ ; the third
pleads that be is fole tenant, and was never fummoned, 3. Injr^ Cl^ 84. Ra^'
Ent, 281.
Plea by defendant, that tepements defccnded tp l^is father, who is yetfeifed, 3. lafir^
C/, 84.
Pl^agf non-{pnurein/0rM^^<0« in abatement i|fter imparlance 1 plaintifF replies, that
the tenant,^ before the fuing out original, enfeoffed divers perfons unknown by
fraud, and that he could not have nptice of the names of the perfons againft whom
tbewritof fummotts offormedon in di/cender was fued out ; that tenant coociaoally
receives the ifTues and profits, by which by the ilatute, being the pernor of the
profits, he ought to be adjudged tenant j demurrer, 3^ Lev, A*^. 52. Ra, Em^
III, 363.
Plea of non-tenare, (hewing vyho is tenant, i. Lut. 85 1. 6^
Plea vci/ormedon in di/cender ; as (o part non- tenure, and (hews who is tenant to the
o^her p^rt. ; tba^ demandant l)a<i. entered, &c. \ replication to non-tenure, that
the tenant was tenant, &c. ; demurrer to the refidue ; judgment for the <)emand-
jint, for that the latl plea was repugnant, and alio for that ao lime of the entry of
demandant is alkdged, |. Lut, 37,
Plea in</Mi»^r.againft two to part fcparat^ly, npn^tenure. Rah, fw/, 267.
]n tre/pafs^ Ra, Ent, 440. Fin, 65. Keplicacion, that E. fui vived A. and S. an4
died, and that the right ren^ained to the demandant ; and tenant on the day of the
death of £. was tenant, &c. from thence until the original pnrchafed, within a year
|(f(er the de^th received the prqfit^, and pught to \itt adjudged tenant by (latuie |
rejpinder> that he was not teuant on the day of the d?ath> Ra^ pnt. 364. i^ct.
Ent, 90.
Cejjfdvit againd C. and M. of five acres of land ; as to two, non-tenure ; as to one
C. fays, that he is fole tenant ; and as to two others, non-tenure ; M. as to one
acre pleads non-if nure ; as to faid two other acrea fays he is fole tenant ; replicai
tion, ch^tthey are tenants in common, Ra, Ent. 1 11. Co, Ent. 224*
|n trejpa/i againft L. and 1. his wife and C. non-tenure by C. ; L. and I. anfwer as
tenants of three parts and part of a fourth part, and plead feveral ^leas to a
moiety of a moiety of another moiety and refidue ; replication to the thfee pteaf \
and becaufe the demandant did not anfwer to the plea of non-ienure by C.
^emandiipt as to C, tqkes nothing by his writ, ^^7. Entr, 375,
IN THE CIVIL DIVISION,
tj^<tfi agatnft two ; noii*tenure with dtfclaimer by one; th« other pleads^ tl|at hp \%
jote tenant, and that he did not difleife, Ra, Bnt. 276.
'w^g/fa/s againft two ; one pleads non-tenare ; the other, that he is fole tenant^ ^nd
pleads to iflue ; and no anf^ver to plea of non-tenure, Co, Ent. 219.
lea» nt qtdd juris clamant, Ra, Ent, J36«
lea, that he is not perceiver or deforceanc of the rent, nor tenant of the lands from
whence the rcntiiiues, Ra Ent. 4,40. IfTue, that ht is tenant and deforcer.
[sk ^^ of rent defendant fays, that it is a rent charge ifluing oat of certain lands,
of part of which defendant js ten#nt, and traverfes that he is tenant of the r^fidqe;
replication, that he is tenant of the entire tenements* Ra, £«/. 44.0.
E.n aoiver^ to part non-tenare, bat that the fame are cuftomary lands of the maiior»
and like to the other part; replication, tha{ defendant is tenant of the tenemenu.
^nd traverfes ti^at ;hey s^re caftomary lands ; and feparace iflues, Ra, Ent. ajf •
jSOLE TENURE (3S).
Flea In do^tr againft two ) both plead, that he holds in feveralty, and as to the
refidue feverally plead non tenuri ; demurrer, Rohinf, Ent, a6y«
Plea in a/psce ; by one^ nuitorf; by the other, that he is fole tenant, and traverfes that
' the others have anything in the tenements ; etji, Vc. uul t§rt, %. Br9um\ M^t.
42. 3. Inftr.CU 93.
Plea of feveral tenancy in a writ of Jowir, i* Lut» ii*
^lea of feveralty by tenant, i. Bro^n*j Ent, 267.
QranJ cape a^ainft one, and the fajnie daygiven to another, who fiiys he is ible tenant^
and vouches to warranty, Ra. Ent. 24^ Againll A* and fi. ; A. fays, that he if
fole tenant, and was o^ver fomrooned ; fame by B. ; replication, that they are
tenants in common, Ih. Z'ji. Againft A. and B. ; A. makes default; B. fays»
that he is fole tenant, and tenders his law of non-fummons ; replication, tenants ia
commop, 16. 282. Demurreri and eftoppel in abatement, {See Demurrer.)
I^lea oiiftoppel, that tender after fpecial imparlance ought not to be pleaded, Cliflm
17. 19. 203.
Similar plea aftisr imparlance in abatement ; defendant ooght not |o ple^d, fb, i8.
Sed 'vide 21. where after fpecial imparlance defendant pleads qMtiawry ; and
replication not the fame perfon ; demarrer, and joinder.
Similar plea : ntariance pleaded after unpar]ance» Id. 20. Replication^ preclude
non, becaufe imparlance is fpecial, lb. 23. Thamp. 2. 11 8* and \. Brown* s
Ent. 8.
For that defendant was not tenant of the freehold at the time of the writ, 3. Inflr^ CL
^3. Replication, and iifae, CI, AJf, 8. Bro. V. M, 4C9.
To the return of the grand cape, two plead non-tenare to the writ ; a third, that he ia
fole tenant, and never fummoned, %, Infir, Ci, 84.
Plea, that lands defcended to his mother, who is yet feifed, 5. Injr, 86.
In/brmedoM^ non-tenure pleaded in abatement after imparlance ; replication, that
tenant, before fuing out original, enfeoffed divers pcrfons unknown by fraud,
and that he had no notice of the names of the perfons agntnft whom to fue ovt
his writ of formedon ia de/cender ; that the tenant continues to receive the iffuet.
and profits,' by which by ilatate he ooght to be adjudged pernor of the profits ;
demurrer by tenant, 3. £rv. Rep, 52.
|n dower againft two, one pleadsy^/r tenmre as to part, and as to refidue they feverally
plead wni^ienure ; demurrer, R^, Entr» 267*
In ajfixcy plea by pne nnl tort, by another that he is^^r temantt and trayerfes that
others mid anything in the tenements ; etfi^ lic^ nul iort^, 2, Bro. 41. 3^ It^x^
t/. 93. •
{o dAiuer^ pica of feveral tenancy. |. !»/. 11.
INDEX TO LEADING TITLES OR BEADS
ftea of noft^tenore, fliewinfr who U Icmiitj Ik 85 1^6^ Deftndaot pleads, fluli i
if teRantin ievcralty, |. Br9* $6^
NoD«-teoore ; repHcacion^ that E. uirvived A. tndS* and died ; the iMita rtwaSm
to the demandant ; and the tenant, on the day of the death of cl was teaatt,
and from thence ontil the orieinaJ parchafed mihin a year after the dcaft
received the rents ; in which cale he ooght to be adjudged tenant by the ftatue 2
rejoinder, that he was not tenant on the day of the death, Rs. gmi. $6^^ IW«
£«/. 90. ^ ^
Ceffaviu noo-*tetture ; replication, that defendant made a feoffment to pciibot"
unknown, and took the profiu ; rejoinder, that he did not take the profitt, Xa»
Enu 111.
Cefinni againft C. and M. of five acres of land ; u to two aeres, noo-tenore; as tol
one acre C. fays, that he is fole tenant, and as to two other acres non-ieoaie i\
M* as to one acre pleads non-tenore, and as to two other acres (aja be is ink
tenant ; replication, that they are tenants in common, Ik
Trrfprfs againft L. and J. his wife and C. ; non*tenare by C. ; L, and J. aofwcraal
tenants 6f three parts and part of fourth part, and plead feveral pkaa to the
' moiety of the moiety of the other moiety and reiidue $ replicatioa Co thofe
•three pleas ; andbecanfe demandant does not anfwerto the plea of the aferefaid C«
. of noo*tenar^ demandant as to the faid C« ukes nothing by his writ» Ra, Efur^
Plett in Abatement*
Puis Darrein Continuance (36)«
DSATHy EkCOMMVHICATIOWs CdTBRTU&I.
Vol;
!•
$5. ExccmmmkatiMt of plaintiff pleaded after the laft contintt*
ance in tin cmuty C9urt.
15. Plea to an infwmati^m in the exchequer, that one of the
defendants is dead iince the laft cootinaaace, {%n Cri*
minal Divifion).
^4, 7J, Plea, that plaintiff died /Kf/ dmrnm ۤuimutmtt\ as*
fLicATfow thereto, andiffoe*
Aa excommunication pleaded in abatement of the writ after the hft eontiaBaoce,
I. Jfs^, £»r. 21 »
That plaintiff died after the laft conttnoance, Tbemp. 3.
That plaintiff died after the laft continuance ; replication by attorney, that he b
alive ; and iffue, i« Br9. 3* %. FL Gen* .7. Br. R. 199, C/, Jtf, 6» 7.
3. Injlr. CL 64. Rig. pL 193. In B. R. Tbmp* 3- 171- R0» Bnir. 108.
Vet. Int. 84. Jfe. 8. 384,
Death of one defendant pleaded ; the other prays imparlance ; and pleads, Hmt^f*
113.
Jn dtht againft two admini/trMteru that one died after the laft contbuance^ Rr. it*
>7$* hftrmefyn^ that one of tenants died, after tiew and after the lift coati-
nnance $ and leave given to pat chafe a better writ» FLGen, y
That plaintiff became ^v«#r/ alter the laft ctmtinamce ; replication, thatflieislble;
and traverfe, FL Gtn, 4* And in attaint, Jk 134. After laft coniinoance by
bill, TAcmf. i.
That plaintiff after the laft continnance of writ ef/dri/aciat^ was cOTeri | demanee
Ipecial I aad judgment of rt/fcn4eat s^ar, ^ia. 77^
la
IN THE CIVit DIVISION.
'$ Ait plaiatf entered iato the lands after the laft condDamce, Ar*
«&
^MMMMf^ tnai piasaiar eacerea mip lae lanos atier coe laic connDaancef lur* e «
JPA G«v. i; That demandant^ &c- i{«. i?«#. 30. 107. 36$. ^//, £«/. 59* Jn
^mWy that demandant after verdi6t» nod before j«dgmettt> entered iato the lands*
Tkmt sUter lat contmuance plaintiff receired part, i. Bn. 8« Tbomf. a» Hm^
no2« it^r. jffsf. i6o* f^et. Intr. 50*
at plaindff was outlawed after the laft concinaance, CUf. 3*
m by defendant at the affixes, an award made fince the lafl continuance ; replica*
dOQ* nalmwmrd\ and iflae, ^r« ^. i8i*
Oadawry of plaintiff after the laft continnance, Clif. 3.
]>eat]a of one of tenants a^cer laft continuance, Ra* Eutr. 107. After eflbin on fum*
moSISj li* In ^ttmmt]w[y plead, that defendant died after the laft continuance 1
desnnrrer, X«. £«/• 9s.
In miuumi^ that one of pliuntiffj took bartH after the laft continuance : replicatioo,
tlMit ihe is fole, U. 91. Fit. Int. 62.
la dn^ntr^ that demandant after the laft continuance entered into part o{ the land^,
and occnpied them ; replication, that flie cohabited there with a man, and remained
there with him as tenant; at will ; and traverfes the entr/ ; and iftue, Ra. Eutr^
Plaint in dower that (he remained there till Friday after fifteen days <)f
rinity to tranfad bnfinefs, before which day a diffeifee re-entered upon the lands ;
plication, that he did not diffeife, lb, 232.^
wedmt ; that king Edward the Fourth being feifed granted lands with a condition*
virhich defcended on Queen Elizabeth, v^o granted the commiflion ; aud that
mfter the laft continuance^ the title found for the iiueen, Hir. 44.1.
Yhat plaintiff was made a knight after the laft continuance, ka. Em/. io6« Fa^
Imir* 50.
2, ^art Impedit (sy).
^lea in abatement to a ftuun imfidit, that there is no fuch -writ in the Regifter of
Wriu« uMfui. Sut. lU Luuzm
Abatement in fuart imptdit^ that the patron is not named in the writ with the parfon,
I. JIfJ. Em. 6« a. Lmt. 1088.
Abatement of the original writ in quart iwtpidU^ !• ilf«^. 7.
in mmart am admjit defendant pleads, that the word {exclufias) has no certain iignl*
Acadon, Br. Rm i. Re^. P/. 191*
In ff^' imftdh by barw andfime, that wife died after the laft continuance without
iflhe ; demurrer, Wi. Em. 771*
^juNTi impedit on ftatnte of £mony ; abatement, for that the patron is not named ia
she writ with defendant ; demurrer ; and noU$ profiqui by Attorney General,
Br. R. 410. }• U^. Rip. 15. Clif. 23.
^uari impedit a^amft the bimop and clerk, who plead, that the plaintiff ir«r^i(/ omb*
ibir nvrii againft the biOiop only, which is yet pending ; replication, that plaintiff,
after fuing tormer writ, prefented hfs clerk, whom bilhop refufed ; and traverfes*
the himdrami in the former and the prefent writ is one and the fame; demurrer,
Wi. Emt. 783.
i^re impedit % plea, that plaindff is tpapift nettfeim cen^iarfer fawf he is £/alkd\Q
prefent by 3« Jac* ; demarrtr, W. Em-. 752.
^sre impedit for difturbance in the life of teftator concludes in now ftayingexecutioa.
of the will ; and on plea in abatement, for this caure the writ was abated on
demurrer, i. JLm. 3.
Abatement in qtuare impidit^ that the patron was not named in the writ brooght by th«
king on a title arifing by fimony» a. Lm. id88»
^are impedit of an ab&y againft R. C. a canon ; plea, two defoodants of the famo
name ; fSenior fays, that he ii the abbotg and prays judgment of tho wriv, for thst
U
INDEJt TO LEADIN(S TITLES Ok »Eil)s
be is notn&med abbot ; junior fays, he is the canoo, and no other, and prifa jod^^
m^ni of the writ* fot that fie ti impleaded Withbot his faperior, Ra. Eatr. 466.
^//. /»/. 71.
^are imfedit, that in the county there are twro churches called, rxz. S. in the V^
and S. dk the Mount ; add traverfet, tHat the church it called S. onlv, Ra: Eatr,
3. Replevin (38^^
Vol, Precboevts/v
!• Books ^RACTica^
Page ^ ^ Rsr«aTxas» &c.
^8. Plea in replevin, that the property is in bimfclf ; and tra*
▼erfes plaintiff's property.
f^^ Pica of property in %ftrangtr.
Plea in replevin, property in aflranger ; connfance as bailiF;
damage feafant, LilL Ent, 358. ; replication^ property in
plaintiff ; and iffue* - • - 2. R. P. C* B. 7
Similar replication \ and for a return, the defendants, as bailiffs
of D. a freeholder, acknowledge the taking in the locus in
^Ktfj damage feafant, - - - - - - LilL Em/, 35S
Plea in abatement to the declaration in replevin, that the
defendants took the cattle in another place than mentioned
in the declaration i and for a return« conufance as bailiffs to
J. H. the leffee from year to year of C. C. the tenant in
ee of the locui in ^uo, for damage feafant ; plea in bar,
taking iffueon the traverfeof the place, * - liiJ, y^
Similar p)ea in abctement ; and for a return, one of
defendants avows » and the other as his bailiff makes
conofance, for damat^e feafant in the avowant's freehold ;
replicatfOD, taking iffue on the travexfe to the place^ JbU. 378
In replevin by laron an J feme, that the'property in the goods was in the hufbaodonly*
3, Injtr. CL 55. C/. Jffl 99. Reg, PL 292. Mo, Entr, 17.
That goods were the property of defendant, and that they belonged t* plaintiff*. Br,
R. 2.
Replevin againft }• chaplain of the chantry ; plea, that furname of defendant if
wanting, and that chaplain is not a name of dignity ; judgment for defendant,
Ra^ Eutr, C70. Vfper Bench Pr. 96.
Keplevin againft R. and M. his wife and W. ; R. pleads »•« cepit ; M. pleads, that
iheiswifc ijiE* and iffue ; W. makrs conufance as bailiff of ii. and M* his wife;
p)ea in bar, that (he is not his wife. Her. 6^8. Replevin by iaron emdfeme, that
the goods were the good:* of the baron only, Jpt. 6. For chattels, and for the
detention ; plea, that plaintiff delivered to defendant the chattels to keep fafely,
in which caie plaintiff (hould bring his adlion for the detention, and not replevin;
replication« de injuria /ua, and traverfes the delivery, Ra. Ent. 569.
4. Scire Facias (39)»
precidbxts /•
Books 0/'Practici»
Reportsrs, Sec
Plea to /iire/aciaSp' quare exeeutionem nen in error, that there
are not fifteen day^ between thc/^i and letuxn ; demurrer ;
and joindcri LiU^ Ent. ^* 2. R. P. B. P- '4
Plea
IN THE CIVIL DIVISION.
PHECB DENTS fV
Books ^Practicb,
Rkport£rs> &c.
Plea to/ctrefacias quare ixecutianem non,Vi wnt of error retarn*
able in the excheqaer chainber» - - 2, R. P* B. R. 25
Plea in abatement 10 fcire facias by the executrix of the exe-
cutrix of a recoveror againil the recoveree of a judgment in
debt on bond againft the heir of the obligor quare ixecu^
si^ntm nca of SL reverfion of premlfc-s held upon Icafe for
iife and year?, when fuch reverfion fhould fall into po^Tef-
• iion, for that th: plainiifF ought not to claim the premifes as
\veT freehold ; demurrer ; and joinder thereto, - ' LiII, Ent. jf*
Plea in abatement to the fame by a cerretenant, that the heir is
not named in the writ, - ^ - - - J6id. 3 S3
Infancy ; plea in the fame by the heir of infancy in himfelf ;
and prayer, that the parol may demur i demurrer ; and
joinder thereto, - - . •
Plea in abatement to fcire facias quare executionem non, that
9iU0\\itT J'cire facias was depending in the fante court for the
fame caufe, - - - - . j^^j^ ^^^
Replication after two imparlances, that the plea on the ^r^ fcire
facias was difcontinued, - - - • Hid, 393
Rejoinder thereto, »«/ tiel record of difcontTnuaDCC ; furre-
joinder^ there is fuch record, and referring thereto by
Term and roll, • - . .
Plea ofwjit of error pending in the exchequer chamber pleaded in abatoment to
fcire facias, 1 . Mod, Ent, 24, Lilly^ II.
Plea in abatement, that there were but fourteen days between the iefiezxi^ returo of
the fcire faciat, I . Mad, Ent. 16. 1 « Lut, 2 5 .
Plea in abatement^ that one of the terre-tenants is not fummoned, i. Mod, Enu it.
a. Saund. 8.
A writ of error pending in the exchequer-chamber pleaded to a fcire facias why
eyectttien ought not to be fued out on the judgment. Sec i. Mod, Ent, u.
-Ltiif, 3,
Scire facias againft terre-tenant, for that he is not returned tenant of the freehold •
demarrer, Ca.Entr, 62^, '
To fcire facial on a judgment ^W tarn for not going to church defendant pleads
that the informer in hiswrit prays cxccidob for all the money recovered, Jhef, Mr
230. . ' *
To/c/Vf /2iaVi/ againft terre-tenants, demurrer/ for that they arc not named by their
particular names in the writ, i. Lut 269.
Scire facias 5 plea, zoothtr fcire facias pending, i. Lut. 280. ; and outJaivrj in bar,
Jhid, 273. •
Scire facias in debt, that plainnfF died after the laft continuance; replication, that
he is alive, J/ht. 416.
Scire facias againft A. and B. widow and adminiftratrix ; that A. took B. to wife
which plaintiff acknowledges ; acid leave given to get a better writ, Ra, Ent.
3?6.
Xvi fcire fxcias, that one of plaintiffs died at D. ; replication, that he is alive at S
Off, Br. 345.
To fcire factas againft terre-tenants, abatement that all tenants arc not named
2. I^ent, 103. * *
That will of fcire facias is not dircflcd to the fljcriff of the county ivhere the record
of the judgment is, CUf, ii.
Outlaivrf
INDEX TO LEADING TITLES OR HEADS
OmtJawiy pleided in tbttement of the writ o( Jtin/aeiss, CUf. 9*
To debt on ydn faciei againft admioiftrator* defeodtiit pleads an ondairrj nut
rererfed againft inteftate» and fhu admimfirm'vk ; defliiifrer« and rejoinder, Bh
R. 218.
Scin facias agiinft terre-tenants, who plead in abatementt that one of the teoams wss
not fammoned, on which the Jtirt facias was awarded againft htm ; and 00 the
fnrt facias retarned, rtfffmdiat tmfitr^ a* SamU 8* Other tenants noo-faauiion^
a. Vtat. 103.
Sehf facias^ becaofe there were only fourteen days between, tiftt and the fctam ef
fori facias \ demumr thereto ; and plea held good, i. JW. >(•
Jl^^/^rMi/ againft terre-tenants; they plead non-tenure fpeciaHy, vis. dnt R. and
S. feifed in fee, demifed to J. C. for yean, who demifed to defendant at w31 % and
trareries the freehold, TJnf Br. aaj. Demurrer.
ACCOUNT— PLEADINGS IN^
ANA^LYSIS.
L At CemmoD Lav,
I. Bailiff;
2. Guardian in Socaig e. (( i )•
3. Receiver*
IL Since die Statute 4. Anne^ fc. 16^ f. 27.
U By one f Executor
Admhuilrator againft f' '^
L another. J
- 2* r Jointenant ^ -
I Tenant in Common O^^
( againft another. ^
m. neaS)&c« I. By Bailiff;
!• Ni unfuif Salltvut* 1
2U Receptor. \{^)*
3. PUm Omputavit. J
2* Receiver^
j.Ne unques Rtceptcr^Xf \
a. PUne Cmputavii. l^^^'
3« Before Auditors of Difchaige and
Allowance
IV"* Judgments in (See Judgments).
Froccls (See Praiilcal Forms).
Receptor.
I. At
JM tH£ CtVIL CfVlSION.
m
At Common Law.
' Againft i. Bailiff. "^
2. Guardian in Socage. Mi).
3. Receiver. j
Precedents «p
Books of Practice,
Reporters, &c.
Againft a hai^iffhy the hands ofrhc plaintiff, LUl, Enf. 467. f. R, P. B. R. 544.
Declaration in account hj the pre fen t churchv:arden againft
the late churchwarden, LilL Ent. 12. - - 2. R. P. B. R. 4}
Pica in abatement thereto, that another was churchwarden
with defendant who is not named {See anu AbatfmeKt).
Declaration in ixccoant againd guardian and baiUiT, LilU
Ent, 13. - - - - i . lhid» 44.
Declaration in account as haiUf of goods and chattels ;
'p\.':3. ne unquss ballizus^ - . - - 16/a, ^6
Declaration in an adion of account agaipft defendant,
sis being the fur-vivifrg bailiff of the plaintiff: ift.
Pica in bar, the defendant protefting that he never
was the bailiff of the plaintiff to rcndfer an account to
him, but that J. S. was his fole bailiff ; travcrfes
without this, that he, the defendant, and J. S. were ,
the bailiffs of the plaintiff, as he haih allcdged in his decla-
ration ; fecond plea in bar, the ftatute of Limitations ;
third, that defendant was governor of Fort St. Gcorgp,
and that J. S had the fole management of felling the mer-
chandizes configned by the plaintiff. Replication to the lirit
plea takes iffue opon the travetfc; iffue to the fecood plea ;
to the third plea, as to parcel of th? goods avers, that the
management of the coniignmdnt was lefi to J. S by agree*
ttient between the defendant and J. S as joint fadors,
without the confent of the phiniiffj ; and this he is ready to
Verify. The like replication to the third plea as to the
refidue of the gcods. Rcjcindcr to the replication to the
fecond plea, that the account did not concern trade and
merchandize ; and thereupon the fecond iffue is joined ;
rejoinder to the replication to the third plea ; as to parcel
the defendant fays, that upon delivery over of the j»oods to
J. S, all concern whatfoever of the defendant in the care,
truft, and mara;>ement of the ^oods ceafed, and was at end.
The like rejoinder to the replication to the third plea as to
the relidue of the goods. Surrejoinder as to parcel of the
goods; the plaintiff fays, that upon delivery over of the
goods to J. S. all concetn of the defendant in the care,
truHf and management of the goods did not ceafe, nor wr.9
at an end; and thereupon the third iffue is joined. The
like fuf-rejoinder as to the reiidue of the goods ; and there*
upon the fourth iffue is joined. Verdidl ; and judgment
quod computet. Plea before aaditors ; demurrer to that
plea; joinder in demnrrcr ; continaances by curia admfan
'ijuli ; final judgment fcr the plaintiff"'; fitisfadlion acknov^-
ledged, - ... - 2, wnr. R^p, 74—94.
Declaration in account by prefcnt againft the late cHyurcknvar*
dens ; plea in abatement theretOa another was cUurcbwJir*
Vol, I. L 1 An-
V
INDEX TO LKAOtsa TlTtES OR HfiADtf
PmCltff ITTt t0
Books ^PaAcrict*
RironTiKij dec-
den with defendant not named ; traverfing. that defendant
was fole charchwarden ; fpectal demnrrer thereto for uncer-
tainty in the plea, and containine in it a negative pregnant,
ftnd.for waisxvig full defence, and traveriing nutter not tra-
Terfable, • ^ . . l.ill. Eat. 1 1
Againfta bailiff who had the care of divers goods of plaintiffs,
to render an account thereof, « « . . . PL A£ 36
Decta ration in account againft a bailiff by the hands of the
plaintiff of goods, &c« to merchandize and make profit of;
bar, iallivui non ; judgment, that defendant Wage his law ;
tale for a lionfuit, -^ • - - Lill. Ent. 467
Acconnt ^ainft bailiff, t. Med. Ent. 42. Lnt, ;8. Bar, that he hath fiiUf
accounted ; replication^ that he hath not accounted ; and iffne, i. Af«^. Eat. 43.
Copot by executrix of deceafed joint merchant and the furviving joint merchant
againft the bailiff, &c. at a place certain ; plea, an award by umpire ; and jadg«
ment for the plaintiffs, for that plaintiffs liave no means to compel the ezecuiion
of it, I. Lut. 56,
Acconnt againft a bailiff for one hundred and thirty-two bjifliels of com ; plea, pUm
iompmta*vit ; verdid for the plaintiff ; judgment to account ; capias awarded
againft defendant ; auditors afligned ; bail for defendant ; judgment for plainiiff
to recover according to the value of the coVn alledged in the count, ne/» Br. 58,
63.
Againft a bailiff to render an account, Thomp. 96. Roh. Ent. 4. On an imfimnl
c^mputajjetf lb» 5. 120, X2f.; and like declaration with fatisfadlion as to pare,
lb.
By the prefeot church'wardent againft late churchwarden for money and goods re*
ceived, Br. Red. j«
Againft four defendants, where two are outlawed, Rch. Ent. 5.
By furviving euiminiftrator <uMtb <wii/ annexed igUni^. bailiff of goods and receiver of
foreign money, f^id. Ent* 75. Rob. Ent. izt.
^y executor againft bailiff. Fid. Ent. 76. Againft bailiff receiver or fa^or in partr
beyond the feas, Rob. £nt. 4.
Count againft bailiff having adminifirstion of divers goods ; and a fimilar count in an
inferior dourt, Rob. Ent* 1 23.
Againft bailiff having the care and ttdminifration of divers goods to fell and
merchandise, Rob. Ent. taj. %. Br. Ent. 38. Br. Red, 9. ii. £1. Aff. 59.
Re. Det. J.
By infant by prochein ami againft bailiff, i. Br, 114. 118.
Againft the bailiff of office of conftable of the caftle, and iffues and profits thence
ariiing,as well of that office as of keeper of all the forefts, parks, warrens, and other
place, to the fame office belonging, through his hands, ice. to mrrchandize, an4
profit, therefrom to be made for plaintiff, Br. Red.^. i. Br. 1 18*
Againft bailiff of goods to trade for plaintiff, Br. Red. lo.
Againft bailiff of a manor, Ra. Ent. 1 7. Of lands, lb, Co. Ent. 46. Of dove«cotes,
2. Cro. 49 1 • Of mills, JJbi. 104. Of a hundred and liberty, 1. Br. 52. Of
lands, cattle, and goods, ^«« £»/r« 17. Keiw. i^y Ftt.Int.zz. z^. Againt
bailiff of a park, having care of the kids, la Herne^ 7. 6.
Bv hufband and wife againft bailiff of meffuages siad lands of the wife whilft fok^
'yBr.$.
By executor againft bailiff, Jfit. 104.
i^ gain ft bailfff^r\A receive having the cart and management of divert qoantities of
coals, 1* Mod. Ent. 49*
Againft
IN THE CIVIL DIVISION.
Ag9itnft bailiff and receiver having care and management of all the lands and tene*
oieocs, renu, profiu, e(bte« £cc. of plaiatiiF« as well as perfonal, i. SSo'd.Evim
49.
Againft bailiff of hoafes and chattels, and receiver of money to the joint nfe of
plaimiff and defendant* Ra.Mnt. 18. 17* Co, £ni, ^y*
Againft the occupier of com .to joint ufe, t, £r. $|. Of divers goods » i. Br^ ^1.
z.Cro* 410. Againft bailiff of, a redory, &c. 3, Br. 6. Againft bailiff ad
receiver of manor and goods for a time certain. Her. 11. By 6aroM qnd r^me
againft bailiff of houfes and lands and receiver of wife whilft fole, Co» Emt, 47.
Jtig, 13$. I. Br, 5 u By a priorefs againft bailiff and receiver of her predecef-
jbr, Reg, 135. Bv a warden of gn hoaifckeeper againft bailiff and receiver -of
plaintiff's predeceffor, Re^^. 135. ,
Sy the executor of leifee for a year of ^ manor againft one of the tenants of a manor
c}eAed at a court to be fteward of the manor by cuftom, Ra, Ent, 20. Againft
bailiff of the office of conftable of a caftle and keeper of a foreft thereto belongings
and receiver of money » x. Br, 46.
Againft a bailiff of an office and receiver of monies, 1. Mod, Enip 50.
Againft bailiff and receiver of noniet; plea» It. 50, 519
Againft bailiff of a hundred, U, %\.
2. Againft Guardian in Socage.
Account againft a gnardian in focage» Roh, Ent, ^. i. Br, 1 14. Of a manor, J?^
£nt, a I. Fet. Int. 62. Of lands, Ra, Ent. 21. Co. Ent. 47. Rep. It6.
T.N,B.R.M%, Fet.N.B.R.s^* .
Againft gnardian in focage, to account for profits during infancy and guardianfhip*
1. Mod, ^a/, 52. Lilly y 13. i. Fent, 105. 1. Salk. o.
Plea in bar, that defendant had the cuftody for a certam time, and rendered an
account to plaintiff when he came of full age, who demifed to defendant parcel of
the manor for the balance of the account had ; traverfes, that he had the guar*
dianOiip before or at the day ; replication, that he did not account, Ra. Sntm
That defendant had no( the guardianfiiip of the manor, lb*
3. Againft a Receiver.
pR£CSDBNTSr«
BoOKS^Plt ACTICI9
Rbportbrs, 5rc«
Declaration in account by one partner againft two others not
a^g with him, but receiwag the whole profits, . PI. AS. 35
Account by iaron and feme and a third perfon againft a receiver of money belonging
to baron and feme and a third perfon received of J. W. ; plea, ne unques recei'uer,
and iffue ; fpecial verdidt ; auditors affigned ; defendant prays to be difcharged,
and fays, that he ei(pended one hundred pounds aforefaid in maintenance,' Sec. of
lYie/eme of the plaintiff and the third perfon for the fpace of eight years ; and
iffue ; verdid for plaintiff ; defendant committed in execution ; and after error is
brought, and judgment affirmed, t. Lui. 47.
Count againft receiver by 0/i&fr hands, JfFin, Ent. t. 6. Rohinf, Ent. \iz. By the
hands of plaintiff and another ^ Br. Red. %, Againft a bailiff and lecsiver, Tbomf.
96. QU 4f S^M S3* S4« ^^ Die. 4.
L I a Againft
INDEX TO LEADING TITLES OR HEADS
Agalnft a receiver under agreement to employ for the joint ufe of plaintiff. Ro^* M sf
119. For rencarrear, 16* 120. For moner, to render an account of it. /^. 120
Accoant again (l an attorney, Ih. 120. AgainU a receiver by bill for money received*
Ih. 120. fVi. Etit. u Againft receiver of money for the joint ofe of plainciff'aDd
defendant, i,Bmi6. Ra. Ent, 19. Rig. 1 3^* 1 36. H. 10, B, 3. 19. 3, Br, 7.
Same by executor ^ Reg* 13^. F* N, B, R. 1 17. Same by a merchant* Re^. i 3^.
F. N. B, R, iij. I. U/1. 172.' Againft occupier of corn for joint ufe, £r, Rei,
6. Fordivers goods and chattels between plaintiff and defendant tojolnt ufe, to be
equally divided, Br, ReJ. 6. Againft receiver of monies to be paid fervants for
faUnes, Br* Red. 7.
Againft a receiver of afam of money for a day* ^. Br, i. 3. AJbu 104. Of feve-
ral fums of money for a time, Ra. Eat, 19. ^et. Int. 21. i. ^r« 45. Hsr^ ii*
13. Of feveral fams at different timet, 3. Br, 4.
Againft an attorney by bill for money received at one time* Her^ 12. A^inft a
receiver for a time by the hands of M. ; ten pounds by the bands of R. hy ap«
pointnient of M. ; fix pounds, &c. Her, 13. Againft a receiver, two hundred
pounds for ^ time, vix. on a day certain ; twenty pounds at another day ; fony
pounds, &c. H. 6. 33. Of money received to pay fervants their wages, i. Br, 52.
Of money arifing froni the hire of part of a ihip. Town/, JuJg. 13;. ^y the trea*
furer of a college, for the profits arifing from the manors belonging to the trea«
fury \ againft a ivoman receiver 9 22. B* 3* 17* hy baron and feme ^ Reg, I3?«
By a prior, lb. By the mafterof a houfc, lb. By y\i^ corporation oi a city* /i.
136. Againft the late church-ward^ni, for money received by them* i. Br* 50.
By ^;ir/?fj//or againft receiver for a time, Co, Ent, 47. By baron and feme €xt^n*
rrixf for money received on a day certain, Ra. Ent, zo. By the abbot and ano-
ther executor, Reg, 13^. By executor and huft)and and wife co-executors, lk„ 136*
Of mtney received by the hands of the late wife of L. W. deceafed* AJbu
*°5- . . . .
Declaration in account by "^x^^tvucharchtvardens againft the then late churchwardens;
imparlance; plea, that tney were neypr ^hofen churchwardens * account before
fiuditors* ^c. 1. idod, Ent, 53.
PRBCEDENTS in
BoOKS^/PaACTI^E,
Reporters* &c«
Account by theprefent churchwarden againft the late church-
warden, - r r r - - 2. R.P. 6. R. 49
Account for monies received by the hands of divers perfons.-— By ont einrchvfardem
again(l another, 1 . Mod, Eat. 48. By feme foie by guardian againft receiver of the
promts of part cf a neife that belonged to plaintiff and his brother deceafed* Rob,
Ent, 11^
Account aeainft defendant as bailiff of a liberty and franchifeof a hundred and half
the hundred of C. and the manors and tenements of plaintiff in B. Sec, for the time*
and as keeper and adipiniftrator of the execution and return of all writs* warrants,
and precepts, and perceiver and receiver o{ slW fees, advantages, and profits* by
ipiibn of the execution and return of them within the hundred* and withia
manors and tenements* to the ufe of plaintiff, and from the profits thereon tp be
made, HT)d render an account, Bro*wn. Red. 7.
AgJiinft receiver cf a fura of money on a certain day, BroivnL ied* 7. tFinJt Entm
6. Similar count by plaintiff by the hands of J. C. Bro%ffnL Red. S,
Againft receiver of feveral fams of money for plaintiff by hands of J, C. and M- W.
Brown}. Red. 8. CI. Aff. 54.
Py I he Roya^ African Company againft one as b^iljff and receiver of Uieir ^oyal
Society io Lpndon^ j^rciy/n/. R^id^ i^ '
IN THE CIVIL DIVISION.
Ag'^tnft bailiff and receiver having tbe care and adminldration of all tlie lands and
tenements, rents and profits, of lus whole eUate of plaintiff, at well real as per*
fonaU Rea/Ts Dec. i .
Againft bailiff and receiver of goods and nosey received by the bands of ^ to trade,
I. BrovtH, £nt, 117.
^gainft defendant to render an accoont, and to pay the moiety of money recf^ived fay*
the defendant, t.Samkws, 45*
JI. Since the Statute,
T Executor
-D I or
^y ^^^ (Adipiniftrator
J againft Another
PRECBDBlTTSdr
Books ^ Practice
Declaration in account by executor ^tteuant in common for the
iflaes atfd profit^ of three nndiyided fourth parts againft
defendant as bailiff ; 2d« in his own right, • . 2. R. P. B. R. S(
Declaration by >adminij{rntrix againff defendant as bailiff of her
hufband of the moiety of premifes, • . - . 73^, %%
Peclaration in account by executor of a merchant againft his
Py one<
f Joir.tenant
or
Tenant in Common
(, againft Another
Vol.
I,
Pnie
9k Declaration in account by hujbanii end njcife againft their
tenant in common as her bailiff whilil flie was fole, for
rent of an eftate ; 2d Count, to render an account of
what defendant received morjs than his reafonable ihare
of the profit^ fipce t^e marriage.
%Z* Declaration in account by one jointenant agaiqft twopthera
as his bailiffs, for his ftiare of the rents of an eftate
under the ftatute 4. Anne, c. 16. f. 27.
83. Declaration in exchequer againft bailif in account by one
tenant in common againft another.
^3* Declaration in B. R. in account by one jointenant againft
another, for receiving more than his ftiare of the rents
of an eftate; fee ft. Anne, c. |6. f. 17.
94. Declaration in account by plaintiff an ikfaht by frochein
ami againft defendant, for not accounting for the rents
9f lan^f lirbich were held as fepants in common ; $4
C^nty
INDEX TO LEADING TITLES OR HEADS
Vou
1.
Coaot» as tenant in common of two undmded fire parts
in other premifes ; 3d Count, nearly the fame ; 4th
Coont* of one nndivided fifth part of other prenifea*
Declaration by bvjband atid wifi againft a teoaot in com*
mon with the wife of a copyhold eftace.
tf . Declaration againft a bailiff for an account of divers goods
and merchandizes ; plea, that the goods were deftroyed
by fire ; replication, that the goods were not deftroyed
by fire.
•9. Declaration by in/aMVhj guardian againft defendant at
bailiff of moiety of the premifes.
99. Afiion of account by one jointeoant agabft another^ Ibf
money received by letting a mare to hir^
nip pleas in Account.
I. By Bailiff:
I. Ni unquii BaUhuSf 1
5t. Nf Receptmr. ((4)»
3. PUne Computayiif J
f kji, wu not bailiff of houfes and lands, Co, Ent. 46. 3. Br, 6. Was not bttSff
of houfes, lands, 'and goods, nor receiver of Ithe money, Ra.Ent* i8. C^.'Emi^
47. 3. £r, 7. Was not bailiff of houfes, nor adminiftrator of goods, Fet. Imtr^
22 $i As to being bailiff of houfes and lands, was not bailiff; as to SBoney
received, was not receiver, //fr. 12, Ra, Emt, 7* 18. Vtu ha* si. As 10
bailiff of houfes and goods, that a difconrfe was had between plaintiff and ddcad*
ant, and not being able to agree, defendant demtfed the houfes and fold the goods
to him ; and travecfe» that he was bailiff; as to the money, he receited it Law-
fully through plaintiff's hands on that day ; as to iHe other money received, ho did
not receive it, Ra^ Em. ly.
As to houfes and part of the goods, was not bailiff; as to fturt of the money, wm mi
i:eceiver ; as to refidue of goods and money, si!rir/ comfmlmvit on a certain dxj ;
and traverfes, that he was bailiff or receiver afterwards ; replication, that he was
bailiff and receiver; and traverfes, that be accounted, Ra, fmi. 18.
Defendant confeffes himfelf to be plaintiff's bailiff, and to have the care andmanage^
mentof the goods in the declaration mentioned ; judgment to account, andaccouiu
made before auditors, CL Aff> $8, 59, 60, &c.
^ever was bailiff, Hanf. 83. Never was bailiff for part of the limes /^^ <^#"/f»
f§vit for thereliditei C/. .^ 125.
2, By Receiver;
I. Ne unquei ReaivirA . *
a. PUm Computavit, J f 5/*
^ever was receiver of the money for a time, Ra. $mu Ftt. Int. 21. 115. Sttwrn
for a day,, ^a. Ent^ 19. Never receiver of money to the joint iife, Ih, 1. Br. 7.
That defendant was pl^intiff'-s bailiff, and on that account received the mocry ;
liad irfvcif^s, ti|4t be wai Reiver cp reqder an ac^covntj lb. 4 j. That defei»d
txeci
am
IN THB CIVIL DIVISION.
txecuitr of M. received the money of the lute wife of M. to perform her will t
and craverfes, that he was receiref to plaintiiF, Jjht. 105. Plea by defendant in
account agaioft receiver after per iegem^ and eflbin thereon ; m mmquu rttei-vtr,
Thwm/bemd^s JudgmiHts^ 17. Rch. Eat. I20. ^/. Eat. 7.
Coonc againft J. D* receiver of money by the hands of A. R. knight ; defendant
pleads, m unques recet^mr ; and the jary find fpecially, that R. was indebted to H.
m two hundred pounds ; chat H. appointed D.. to receive it ; R. required D. to
, borrow for him two hundred pounds of one A« ta pay to H« and D* did, and R.
became bound to I. for the faid two hundred pounds ; after D* appoints his fane
to pay to H. the faid two hundred pounds fo borrowed ; and upon the receipt b^ the
hands of R. the jury doubt, and judgment againft D. IVinch, Ent, 6,
Plea^iKf unqMct receiver ^ and judgment againii defendant by nihil Meit to account
before auditors ailigoed by ihe Court ; feverai iiTues on this account ; and demurrer
to one demand i and nil Mcit on that, and confeflion to four others ; jury £od»
that defendaot bad difburfed feventy-eight pounds, that is, eighteen pounds more
than plaintiff demands by hit account; and fo plaintiflPhad no ^aufe of afiian»
Winch. Ent. i.
Ui unques receiver to an accooot rendered, CL AJf. 79. Ht^nf. id;.
a* Plent Cmfitftavity 2cc* Payment and Delivery of Money received.
By receiyer» that he had fully accounted to plaintiff, Ra. Entr. ae. JJht. io5.
hy the late churchwardens, that tbey bad fully accounted with plaintiff at tkay
ought, !• Br. 50*
That defendant was a common carrier, and received money to \>efMid to J. to whona
defendant paid it, 3. Br. 3,
For feverai fums of money received at feverai times ; as to money received on the
firft day, that plaintiff and one M* were partners in merchandise, tec. and that
defendant received the money to be paid to M. to whom defendant paid ic ; fame
plea as to the monies received after ; replication, did not pay, 3. Br. 4..
That I. by whofe hands the money is alledged to have been received, delivered the
money to defendant to deliver to teilator, to v^hom defendant delivered it ; replU
cation, that he did not deliver, Ba* Ent. 20. Same plea ; replication, that
defendant received money to trade with; and traverfe, that 1. delivered the money
to be delivered to W. Ra, Ent, 20. Fet, Jntr. 26.
As to four pounds received fully accounted with plaintiff; as to four pounds reiidae
was not receiver, Ra. Ent. 20. As to four pieces of cloth wai^ not receiver ; as
to four pieces refidue fully accounted, Ih.
At to pan of the money received, fronts l^c. he was not receiver ; and as to the reft,
that plaintiff was indebted to defendant, and defired htm to receive money in part
fatisfaftioo ; and craveri'e, that he received it to render an account, Ra. Ent. 20.
As to part of the money received, that onfuch a day fully accounted before auditors;
and traverfes, that he was receiver afterwards ; as co the refidoe of the money
received, that he is ready to account ; replication, that defendant, after that day,
received all the money mentioned in the declaration, Ra, Ent. 19. Fet. Int. 126.
As to all the monies received before that day, piene cemputai/it ; as to all received
afterwards, never was receiver, Ra. Ent. to. i. Br. 53.
Plea, rendered a full account before auditors ; and demurrer, Fid. 78. Plea, after
account made paid fuch a fum, Han/. 105. Plea confeffes and avoids, that ha
rendered a final accooot, Ih. Flea, no fuch account. Pi. Gen. a 12.
Plea, that defendaot, as late churchwarden, fuHy accounted with plaintiff, late
churchwarden; and iffue, Br. Red. ^. Plent compntavit^ Cl.Jf.ttu Replica*
tloa, and iffue ; bar hy fUuec^mfnotvin CL Jff, $2. Rob. Ent. 152. //. Gm. 213.
J. Pleas
INDEX TO LEADING TITLES OR HEADi
3. I^leas before Auditors of DIfcharge and Allowance, &c.
1 4 Delivery of Goods.
2. Payment of Money ; and I (6)*
3, Ne unques Ballivui ne Receptor.)
Tkat defendant delivered to plaintiff the money by the hands ; replication^
that he did not delivery Ra» Bnt, 15. Ftt. Intr, 125. That plaintiiF paid the
money to platniifF; replication, did not pay, Ra. E/it, 16. i. Br. 49. Thac
defendant paid ten pounds, and allowance made for that fam, IB. RepIicatfon»
*lid not pay, 3. Br. a. That defendant delivered to plaintiff good^ by way of
paynient ; replication, did not deliver, Ra. Ent. 15. Fet. Intr. 2$. Th^t
defendant paid ten pounds for ^oods which were delivered ^s payment ; replica-^
tk>n» did not deliver, Ra. Eni, tj. That defendant paid twenty pouuda
pto duobus lajtis of falmon delivered to platntifT by way of payment ; alUwanct
uniui lafti thereof to plaintiff, and as to the other, that be did not deliver, lb*.
'1 hat defendant paid money for the carriage of wool ; allowance thereof to piain^
tiff, lb. That defendant foU goods received from divers perfoos redding abroad
for divers fums of money, with which he charges himfelf, and prays a further day
to dlfcharge himfelf therefrom, lb. That defendant paid money for the dutiea iii
l^oods abroad ; and becaafc it appears to the auditots that this matter is infufiicient
to entitle defendant to allowance, defei»dant for that part is in arrear, Ibi
Thac one L is indebted to plaintiff ii^ forty pooodt fojr a bill, and for pai-ceJs of
goods fold ; the fame is difallowed, lb. That one L. is indebted to plaintiff for
part of the goods fold ; difallowed, Ra.. Ent. 16. That plaintiff agreed with
defendant de fuliatUne pannotum ; replication, no foch agreement | for plea^
defendant did not deliver to ^\klti\x^ pannumfuUaium, Vet, Int. 125.
Defendant prays allowance for the annual herbage and pafture of plaintiff's cattle^
for board by the month for a year, for clothes and other neceffaries bought for
plaintiff, for the profits of an acre of land occupied by plaintiff for a year, for
hay, and money paid for tithes, and in refped of homage ; auditors allow parts
and difallow the rcil, C0. Em. 47.
Defendant convided in thirty pounds, twenty pounds, and thirty-three pounds ;
plea in bar> payment of twenty pouud& to P. and ten pounds to R. by plaintiff^s
order; as to forty (hillings, parcel of the faid twenty pounds, paid to H. by
appointment of plaintiff ; as to eighteen pounds, refidue ciicreof, bar, thac
defen4Aot received them of W# 10 be paid to plaintiff^s ufe, and that the faid
plaintiff ordered defendant to pay to Sw ; and lame of ihirty-chree pounds ;
.demurrer as to th; whole but forty ; and to that fum replication, that delendant did
. not pay them to the faid [i. Her, 16.
Piea, did not account before auditors ; and iffue on that, Uanf. 104.. After account
paid the fum, lb, 214.
Plea, ne unques fon buUtffy 2. Brown^s Eut. 38. Never was baiUff, CL AJf. 85*
Similar, i^L Gtn, 212.
Plea^ was not bailiff of manors, nor manager of profits, nor receiver of the moneys
I. Brovjn, its. Never^was bailiff, CI. JJ/l 82.
Flea, ne unquet bailiftior receiver ; and judgment on that, FiJian, 76.; and iffoet
Bl. Gen. 112. Robtaf Ent. 115. HanJ. 10^.
Plea to count by baron and feme againft bailiff of lands and tenements and receiver
of rents and profits thereof, that he was not bailiff, nor bad the care of lands and
teocmems, nor received profits thereof, BrotAmL Red. 9. A> unques nxeh/er-
to accoum rendered, CI. AJf. 79. FLQen. 212, R$binjfii*s tnt. 120. Never
bailiff to plaintiff^ uor had ti^c care^ &c. Rebmj\ Eat. 4. . 1 . Brovjn. 1x4.
Plc2*
IN THE CIlVIL DIVISION.
jnetip that defendant never bailiff* to teftator, nor care of goods and chattels ia the
Ibip. never was committed to him to trade for their joint ofe, &c. nor receiver of
faid money by the hands of R. and W. to trade and to make a common profit and
to render an account, Robin/. Ent. ^.
Plea, that defendant was bailiff' of plaintiff, and received money ; and traverfes*
chat he was receiver to render an account ; replication, that defendant was
recover front, i^c» ; and iflue. Brown, Rid, 2> 3.
Ni unques Bailiff ox Receiver, and Plene Computavit.
Flea in bar, that defendant fully accounted with plaintiff for goods, and merchan*
dizes, and money, 1. Brown, 117.
Plea to parcel, ^/(TW comfutavit ; to refidoe, ne unques recei'ver, Robin/, Ent, 122.
Plea to part, pUm computavit ; to relidue, non/um in/ormatm \ replication and iffue
to noH computawt, Browvl. Red* 6* CL Ajj, 57. Plene computavit to part ; to
refidne, ne unques recei*ver, i^c, Sanders^ 105. As to part of the time, never bailiff;
as to the relidue of time, plene computamit, Reafs Dec. 2, 3. ; and iffue, CL A/J,
123, 124.
plea to count againft joint occupier of goods and chattels uncore prijl to render ao
account, BrownL Red* 6.
Plea, pleut computavit for part, confeffion for the other part, and never was receiver
for the relidue, CL Aff, §6. Replication, non computavit ; and iffue ; judgment
that defendant account, lb, 57. Fl, Gen, 214.
Plea, that defendant was plaintiff's receiver at another time than in the count men-
tioned, and that for that time he accounted before auditors ; and traverfes the
time in the count ; replication maintains the count ; and iffue, BrownL Red, 7.
plea to count againd defendant as receiver of one fum on one day for plaintiff by the
hands of J. C. protefting, that he never was receiver ; for plea, that defendant
was a common carrier, and received money to pay I. to whom defendant paid ;
and iffue, Brotunl, Red. 8.
Keplication, protefling, did not receive ; for plea, that defendant did not pay«
iiCm a* in the plea he alledges $ rejoinder, that he did pay ; and iffue« CL Affl
55-
Account for goods which fivould come to defendant's hands \ plea, that no goods
came to his hands, t . Sanders, ico. Replication, that one filver chalice came.
Plea, that he expended the money in repairs and other neceffary charges^ i. Sanders^
45-
Plea, received goods to trade, which were felonioufly ffolea from defendant |
replication, they were not ftolen ; and iffue, Robin/, Ent. izy
Flea, money received to carry from place to place was (lolen, lb, 1 1 9.
Plea confeffes that he was receiver, but that he rendered a final account in the prefence
of A, and B. Robin/on^ s Ent, 123. Uan/, 105*
Plea, that defendant received one hundred pounds 19 trade, and made a juft account
in writing, for which plaintiff gained fixty-two pounds per cent, which defendant
offered to pay with uncore pri/i, Rohin/, Knt. 119.
Account for two fums of money received two feveral days ; as to money received
on the firfl day, that plaintiff and one M. were partners in trade, and that he
received the money to pay to faid M. to wh. m defendant paid it ; fimilar plea to
the money received the fecond day ; replication, proteffing, that plaintiff* and M.
* were not partners ; for plea, that defendant did not pay, BrowuL Red, 8. Re*
joinder, and iffue on payment.
Count by merchant agamll his fa^or as bailiff of goods to trade for plaintfff; plea,
by cuflom of merchants, adventure with profit and lofs ; replication traverfes the
cttftom ; rejoinder, and iffue on the travene^ BrownL Red, 9, lo.
Vol., t. Mm Plc%.
INDEX TO LEAPING TITLK OR HIAD3
pka, proteiling for pica a» to part, that plaintiff was lAdthtcd to def^tedam io €*(
/ iiundredand twenty pounds, and requeiled to pay 1; for plaintiff' three handrcd and
£fcy-eight pounds ; and at the fame time plain tifFdeiitered to defeodaot partof
the goods to fell, and money ^hereupon retained in part. payment of tke aforeftkf
four hundred and feventyteight pounds ; defendant fold the goods for thrkc Iiqd*
. dreJ and eighty-fix pounds, which he retained ; and as to the reiidQe of the pleSa
foreign attachment, Bro*wnh Red, ii.
f Ic^, as to part of the time, never was bailifF nor receiver } as to refidoe of che timcp
pUne comfutavitf ReatTs Dec* z,
I^'e unques receiver for p2Lni plem cempMtavit forrefidue | repltcatioD/a»«CMi|^araviV;
and ifTuc, C/. AJf, 124.
Flea« thatplaintiffdifcharged auditors from hearing the account; repiicatiooj aeaf
and iflbe, HanJ, 10/^. PL Gen. 21^. ' -
Plea, infancy in account; replication, of full age. Brown. F, M. 46$.
Plea, ilatate of Limitations ; replication, that the account concerns trade, FiMoM^
' 76.
Plea, anJ prays allowance of pzlyment of money and expences, and allowance of
furplus ; plaintiff con fefTes parat, eft computare ; allowance as to the refidoe;
f^ys, that defend<inc did not pay nor deliver, &c. praut, fie. ; and ifliie joioed«
2. Bronvn. Ent. 40.
Plea, as to tC^enty-ihree pounds of one hundred ponnds, he paid it ; as to fevcnteeii
pounds thereupon, and a'i to iixty-three pounds refidue, he paid A, by the
appointment of plaintiff ; replication, that he did not pay ; and three feveril
I^Tues, Bro^'^L Red. 4.
Plea, that he paid money for the carriage pannorum ; allowance thereon by plaintiff,
Brown^s Ent, 10.
Judgment, that defendant accopnt; auditors afligned by the Court by the afTent of
' plaintiff*, who fix a day; defendant bailed, who at the day delivered an accooot
to auditors, and prays allowance thereon, namely, money for clothes, meat, drink,
bedding, and other things, requeued, expended, and paid for plaintiff ; replication,
that defendant d^d not pay ; and iffue, i. BroKvn, 11^.
|$imilar ; and audiiors report to the Court, that the account is difficalt ; farther day
is given ; apditcrs deliver an account as follows in h^c verha^ if^c. ; defendant
prays allowance of money paid and expended ; replication, as to part, plabtif
allows it ; as to refKiue, did not pay, 2. Brown, 3S.
i^ccount made and delivered inio court, whicn follows in -h^e 'veria, l^c, ;
defendant admits money received, but pleads a general rejeafe ; fpecial demurrery
1. Bro<wn*i fnt. 1 1 7.
Pn judgnit-nt 10 account, defendant renders himfelf, and is committed to the mar(ha] {
nudiiors nre aHigiled, who fix a day ; defendant bailed ; auditors bring the
account into court, cujui ienor fellows in bac lerba, £5c. ; defendant pleads (cvcral
payments, whiph he claims to be allowed ; rcplica:ion, ncn/ohjit as to all ; and
feparate tffues ; vtr.ire facias awarded de medittate lingka ; verdid for plainuff,
Rchin/on^i Entriefj Ii$.
Cbnft-iTion of the adlion ; auJ'tors afTignecl; account delivered into court, by which
defendant charges nimft- If ; monies received for goods fold ; and claims to be
allowed the fame ; plaintiff allows p re, and difallows the other part ; iffiie thereon;
:!nd/or the refidue defendant pleads, cuflom of merchants, an adventure on the
)ofs ; replication, proielUng, &c. ; traverfes the cuHom ; and iffoe, Brewid,
Red. 9.
Dctcnd'ant on a judgment to account is taken on a capias and committed totheFIcctj
auditors afligned, who fi^ a day ; bail for the defendant ; account made and fet
Pcfeodant
INTHECIVILDIVISION.
:X>iefendaat eonvided in one hundred ponnds received by the hands of G. ope hnDdre4
pounds by the hands of T\, and twenty pounds by the hands of L ; bar> tiiat he
|mid feventy pounds to A. and T. and fifty pounds to P. by plaintiff's order ; like
plea for eleven pounds and fix pounds ; and to the reiidae^ that plaintiff was
indebted to I. in ome hundred pound s» and I. was likewifef indebted to defendant ;
mnd plaintiff and defendant agreed, that defendant (hoald retai% faid one hundred
pounds, which he retains by plaintiff's order ; replication, that he did not pay faid
Several foms, and as to one hundred pounds, he did not retain by plaintiff's order ;
and iffue, Robinfim^s Emtria^ 117.
As to five pounds claimed by defendant for labour about the care and management
of goods, auditors are refpited until the iffue between the parties be tried,
MrownLRed* 10.
Plea of fUme comfu/avit for part; confei&on of a£Hon for part ; and to refidue, srr
Mttjues receiver, CLJff.^d. Judgment, that defendant account, U, $7.
<Conieffioo that jdefeodant was plaintiff's bailiff, having the care and difpofal of ?Qods
to trade in thp count nailed ^ judgment to account ; account made before auditbrSf
CUAJf. s8. .
T*! tie of the account of guardian of profits of meffuages, I. Brown* Emt. ii^,
rPhe'like of hailiff for goods received, a. Brozvn, Ent. 39.
/kod of ictcmv/ar a time of monief received, Ji$ii/ifin*s Ent. 1 16«
ANNUITY— PROCEEDINGS IN.
Su Wrxt of.
«
ASSUMPSIT.
ANALYSIS OF THE ACTION QF. )
Su Ihpbz 4U tit End »f ktivurnx\ V /% ■*'
END OF THE FIRST VOLUME.
3 bios Qb 131 115 Q
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