ACCOUNT. 2d count, for OMERSETSHIRE, to wit: Robert Phillips, late of Part- Declaration in lock, in the county aforefaid, yeoman, was fummoned to an- account by the fwer to William Clare, clerk, and Alice his wife, late Alice Phil- husband and lips, widow, in a plea that he render to him his reafonable account their tenant in wife against for the time in which he was bailiff of the faid Alice, whilft common as her fhe was fole, and of the faid William and Alice, in right of the bailiff whilft she faid Alice, after their intermarriage, &c. And thereup, the faid was fole, for William and Alice, by William Lee their attorney, fay, that rent of an eftate. whereas the faid Alice and the faid Robert, whilft the the faid A. profits fince the was fole, to wit, on the tenth day of March in the year of our marriage. lord 1740, and long before, and from thence continually until her intermarriage with the faid William, held together and undivided, as tenants in common, a certain farm, confifting of a meffuage and divers, to wit, thirty acres of land, ten acres of meadow, and fixty acres of pafture, with the appurtenances, commonly called and known by the name of Weft Haddon, otherwise Lower Haddon, in the parish of Winsford, in the county aforefaid, and the faid Robert, during all the time aforefaid, had the care and management of the whole tenements, to receive and take the rents, iffues, and profits thereof, and as bailiff of the faid Alice, of what he received more than his juft fhare and proportion thereof, to render a reasonable account thereof to the faid Alice, when he fhould be thereunto required, according to the ftatute in fuch cafe 4. Ann, c. 16. lately made and provided: and although the faid Robert, during f. 27. all the time aforefaid, at the parish of Winsford aforefaid, hath received more than his juft fhare and proportion thereof, to wit, the whole rents, iffues, and profits of the faid tenements, with the appurtenances, yet the faid Robert, although often required, hath not rendered his reasonable account in this behalf unto the faid Alice, whilst the was fole, nor to the faid William and Alice, or to either of them, fince their intermarriage, but hath hitherto refused, and ftill refufes, contrary to the form of the faid ftatute. And alfo for this, that whereas the faid William and Alice, in right of the faid Alice and the faid Robert, afterwards, to wit, on the twenty-fourth day of June, in the year of Our Lord 1743, and count of what defendant received more than his reasonable share of profits fince the marriage. VOL. I. G from 2d count, to render an ac Declaration in rents of an eftate,under the ftatute 4. Anne, c. 16. f. 27. from thence continually hitherto, have held together and undivided, 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 aforefaid, with the appurtenances, to receive and take the rents, iflues, and profits thereof, and as bailiff of the faid Wiliam and Alice, in right of the faid Alice, of what he the faid Robert received more than his juft fhare and proportion thereof, to render a reafonable account to them, when afterwards he should be thereunto required, according to the form of the ftatute in fuch cafe made and provided: and although the faid Robert, during all the time laft aforefaid, at the faid parith of Winsford, hath received more than his juft fhare and proportion thereof, to wit, the whole rents, iffues, and profits of the faid tenements, with the appurtenances, yet the faid Robert (although often requested) hath not rendered to the faid William and Alice, nor to either of them, his reasonable account in this behalf, but hath hitherto refufed, and still refufes, fo to do, contrary to the form of the said statute, whereby the faid William and Alice fay that they are prejudiced, and have fuftained damage to the value of one hundred pounds; and therefore they bring their fuit, &c. WILLIAM BROOKS, late of, &c. and Jafon Shepherd, late account by one of, &c. were fummoned to answer to Andrew Hartshorn of a plea, joint tenant athat they render to him a reafonable account of the time that they gainst two others, as his were bailiffs of the faid Andrew in Crawley, in the parish of bailiffs, for his Witney aforefaid, in the county aforefaid. And thereupon the fhare of the faid Andrew, by James Jefferfon his attorney, fays, that whereas the faid William and Jafon, on the first day of May, which was in the year of Our Lord 1756, and continually from thence until the fixth day of May, anno Domini 1761, were together jointly the bailiffs of the faid Andrew for and during all the faid time, taking and receiving all the iflues and profits of one meliuage or tenement, with the fulling mills, mill-flocks, and utenls thereto belonging, called and known by the name of Crawley Mills, and of a piece or parcel of meadow ground, called the Ham, containing by eftimation two acres, and of feven acres of meadow ground, and of one acre and an half of meadow ground, and of one acre and an half of coppice, with the appurtenances, fituate, lying, and being in Crawley, in the parish of Witney aforefaid, in the faid county of Oxford, whereof the faid Andrew and the faid William and Jafon were jointly pofleffed for a certain term of years, to the common profit of them the faid Andrew and the faid William and Jalon, and to render a reasonable account thereof to the faid Andrew, when they the faid William and Jafon fhould be thereunto required by the faid Andrew: nevertheless the faid William and Jafon (although often requested) have not, nor hath either of them, rendered a reasonable account thereof to the faid Andrew, but to render the fame have, and each of of them hath, wholly denied, and ftill do, and each of them doth, deny to render him the fame. Damages five hundred pounds, &c. account by one PEMBROKESHIRE, John Campbell Hook, efquire, a Declaration in debtor of our faid lord the now king, cometh before the barons of the Exchequer the Exchequer, on the day of (in the ufual Exchequer gift bail.ff,in form) of a plea, that he render to the faid John Campbell a rea- tenant in comfonable account of the time wherein he was bailiff of the faid John mon against Campbell, in the parish of Angel, in the faid county of Pembroke; another. for that whereas the faid C. D. on the first day of January, anno Domini 1764, and from thence continually until the day of the exhibiting of the bill of the faid John Campbell, was bailiff of the faid John Campbell for a certain farm or tenement, confifting of divers, to wit, one meffuage, two barns, two ftables, two orchards, two gardens, one hundred acres of land, forty acres of pafture, forty acres of wood, forty acres of underwood, with the appurtenances, called Horn Farm, otherwife Horn Tenement, other wife Court-houfe Farm, fituate, lying, and being in the faid parish of Angel, in the faid county of Pembroke, for and during all the time taking and receiving the iffues 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 undivided moiety or half part thereof, to the common profit of them the faid John Campbell and the faid C. D. and to render a reafonable account thereof to the faid John Campbell, when he the faid C. D. fhould be thereto afterwards requested; yet the faid C. D. (although requested) hath not rendered any reafonable or other account thereof, or of any part thereof, for the time aforefaid, or for any part thereof, to the faid John Campbell, but hath hitherto wholly refufed, and itill refufes, to render the fame to him. Damages, &c. B. R. in account more than his fhare of LANCASHIRE, . John Slater complains of William Hill, Declaration in being in the cuftody of the marshal of the marfhalfea of our lord by one joint tethe now king, before the king himself, in a plea, that he render to pant aga oft an. him a reasonable account of the time that he was bailiff to the other, for refaid John at Ribchefter, in the county of Lancaster; for that ceiving whereas the fi John and William heretofore, to wit, on the first day of January, in the year of Our Lord 1788, and continu- the rents of an ally from thence until the commencement of this fuit, have held Seeftat. 4. Anne, together, as joint tenants, a certain tenement, conlifting of [here c. 16. f. 17. See defcribe the premises at the time of the demife by the defendant to Opinion infra. the prefent tenant, with convenient certainty, as nearly as fuppofed to be fet out in the leafe]; and the faid William, during all the time aforesaid, had the care and management of the whole of the faid tenement, with the appurtenances, to receive and take the G 2 rents, Declaration in rents, iffues, and profits thereof, and as bailiff of the faid John, of Opinion upon the following cafe. Qu. I Think the articles of agreement for the co-partnership are not binding upon the parties for want of a separate stamp; for one stamp will not be fufficient for two feparate deeds, which the leafe and articles certainly are in their own nature, and which they import to be by being complete in themselves under different feals of different dates, and differing in their subject matter. The only queftion therefore as to the validity of each will be, "Which was first executed ?" And as the leafe ftands first upon the paper, is of a prior date to the articles, and is refer red to by them, I take it for granted that it was first executed: for these reasons I take the leafe to be a good one; and if fo, Slater and Hill are joint tenants of the premifes thereby demifed to them. And though Slater has not affented to the demife by Hill, and therefore is not bound by it, yet I think if he can prove that Hill has received any rent, he will be entitled to recover his share of it from Hill in an action of Account, by virtue of the ftatute of 4. Anne, c. 10. f. 27. I must obferve however, that though the articles of co-partnership are not binding, the affignees of Pye will be entitled to share with Slater and Hill the flock in trade; for as to that, they became joint proprietors by the purchase of it jointly. A the articles are not ftamped, I am of opinion neither of the parties can maintain an action against the other for the penalty contained in them: but they may be at any time made good by the p1yment of the penalty at the Stamp-office, and having them ftamped. THO. BARROW. HEREFORDSHIRE, J. Samuel Fincher v. John Warburaccount by ton, &c. in a plea, that he render to him his reasonable account for plaintiff, an in- the time in which he was bailiff of the faid Samuel in the several fant, by procbein ami, against de. parishes of H. and I. in the faid county of H. And thereupon fendant, for not the faid Samuel, by A. B. his attorney, who is admitted by the accounting for court of our lord the king here to profecute for the faid Samuel, the rents of lands who is an infant within the age of twenty-one years, as the next which were held friend of the faid Samuel, complains, for that whereas the faid as tenants in common. John, divided five parts in other John, and Margaret his wife, in right of the faid Margaret and the faid Samuel, and divers other perfons whofe names are to the faid Samuel unknown, heretofore, to wit, on, &c. and long before, and from thence continually hitherto have held together as tenants in common certain premises, to wit, ten meffuages, ten cottages, two hundred acres of land, one hundred acres of meadow, one hundred acres of pasture, and one hundred acres of wood, with the appurtenances, in the faid feveral parishes of H. and I. in the county aforefaid, and the faid John, during all the time aforesaid, had the care and management of the whole tenements aforefaid, to receive and take the rents, iffues, and profits, and as bailiff of the faid Samuel, of what he received more than his just share and proportion thereof, to render a reasonable account thereof to the faid Samuel, and his share thereof, when he should be thereto requested, according to the ftatue in such case made and provided: and although the faid John, during all the time aforefaid, at the several parishes aforefaid, hath received more than his juft share and proportion thereof, to wit, the whole rent, iffues, and profits of the faid tenements, with the appurtenances, yet the faid John, although often requested, hath not rendered a reafonable account to the faid Samuel, but he so to do hath hitherto wholly refused, and ftill refufes, contrary to the form of the aforefaid ftatute. And 2d count as tewhereas the faid John and Margaret bis wife, in right of the faid nant in com. Margaret, and the faid Samuel heretofore, to wit, on, &c. and mon of two unfrom thence continually hitherto have held together, as tenants in common, divers, to wit, two undivided five parts of certain other premises, & premises, to wit, ten other meffuages, &c. with the appurtenances, in the faid feveral parishes of H. and I. in the county aforefaid, and the faid John, during all the time aforefaid, had the care and management of the whole of the faid two undivided five parts of the tenements last aforefaid, to receive and take the rents, iffues, and profits thereof, and as bailiff of the faid Samuel, of what he received more than his just share and proportion thereof, to render a reasonable account to the faid Samuel, when he fhould be thereto requested, according to the ftatute in fuch cafe made and provided: and although the faid John, during all the time last aforefaid, at the feveral parishes aforefaid, hath received more than his juft fhare and proportion thereof, to wit, the whole rent, iffues, and profits of the faid two undivided five parts of the faid laftmentioned tenements, with the appurtenances, yet the faid John, although often requested, hath not rendered fuch reasonable account to the faid Samuel, but he fo to do hath hitherto wholly refused, and still refuses, contrary to the form of the aforefaid ftatute. And whereas, &c. (this count the fame as the laft, only omitting 3d count. what is in italic), And whereas the faid John heretofore, to wit, 4th count of one on, &c. and from thence continually hitherto, at the faid feveral undivided fifth parishes of H. and I. in the county aforefaid, was and hath been part of other premifes. bailiff to the faid Samuel of one undivided fifth part of certain other premises, to wit, ten other meffuages, &c. with the appur G 3 tenances, |