high court of chancery then being at Weftminster, in the County of Middlefex) her faid original writ against the faid W. C. by the name of W. C. late of Wales, in the faid county of S. innholder, in the fad plea of trefpafs on the cale directed to the then sheriff of S. which faid writ follows in thefe words, to wit, Gco. 2. &c. (fet out the writ); 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 had found pledges to profecute, to wit, J. Doe and R. Roe, and the faid W. C. had nothing in his bailiwick whereby he could be attached, neither was he found in the fame, as by the said writ and return now remaining, affiled of record in the court of our faid lord the king here before his juftices, to wit, at Westminster aforefaid, more fully appears; and this the is ready to verify: wherefore, inafmuch as the faid W. C. is named in this writ innholder, according to the form of the ftatute of Additions, the faid Jane prays judgment, &c. that her faid writ may be adjudged good, and that the faid W. C. may further answer, &c. R. DRAPER. tachment of pri AND the faid W.K. in his proper perfon, comes and defends the plea to the acwrong and injury, and fays that the faid R. in Michaelmas Term, tion of the writ, in the twenty-first year of the reign of our lord the present king, that the plaintiff for the recovery of his damages, by reafon of not performing the fued out the ori faid promifes in the faid declaration mentioned, did profecute out sinal writ of atof the faid court of our faid lord the prefent king, before the king vilege before the bimfelf, the fame court then and there being at Westminster, in caufe of action the faid county of Middlesex, in a certain original writ of our faid accrued. lord the king, of attachment of privilege against the faid W. K. directed to the fheriff of Middlefex, whereby the said sheriff was commanded that he should attach the faid W. R. if he fhould be found in his bailiwick, &c. (fet out the writ) which faid writ the faid R. afterwards, and before the return thereof, that is to fay, on the 10th day of January 1747, at Westminster aforefaid, delivered to C. G. efq. and E. D. efq. then being fheriff of Middlefex, to be executed in due form of law; at which day of the return of the faid original writ, that is to fay, on Saturday next after eight days from the day of St. Hilary, come the faid R. and the faid W. K. alfo appeared in the faid court here to anfwer the faid R. according to the exigency of the faid original writ; and the faid theriff, to wit, C. G. and E. D. efquires, returned by virtue of the faid writ to them directed, that they had taken the faid W. K. whole body they had ready, as by the faid writ and return thereof in the court of our faid lord the king, before the king himfelf, here to wit, at Weftminster aforefaid, remaining on record, more fully appears and the faid W. K. further faith, that the faid original writ of privilege of attachment, profecuted as aforefaid Plea, that admi granted to the defendant and by the faid R. was profecuted by the faid R. with intent to implead the faid W. K. for the cause of action in the faid declaration above fpecified, to caufe him to appear in the faid court here, and to declare against him for the caufe of action in the faid declaration above mentioned, according to the courfe and cuftom of the faid court; and the faid R. according to fuch his intent afterwards, to wit, in the fame Hilary Term, did declare, by bill against him the faid W. K. in manner and form aforefaid: and the faid W. K. further says, that the faid cause of action in the faid declaration mentioned, did not accrue to the faid R. at any time before the fuing out the faid original writ of privilege of attachment; and this, &c. wherefore he prays judgment of the faid writ and declaration thereupon, and that the fame may be quashed. JOHN FORD. AND the faid C. N. and W. J. in their proper perfons, come niftration was and defend the wrong and injury, and pray judgment of the faid bill of the faid W. B. because they fay, that the faid J. W. on another perfon, the tenth day of February 1747, at H. aforefaid, died inteftate, who ought to after whofe death, adminiftration of all and fingular the goods, have been made chattels, and credits, which were of J. W. at the time of his defendant. Plea by adminis fued as admini as executrix. Salk. 297, 298. 5. Mod. 145. death, by G. P. doctor of laws, in and throughout the whole archdeaconry of St. Alban's, in the diocefe of London, official lawfully appointed, to whom the committing of the whole adminiftration of right did belong, on the fourth of March 1747, at, &c. in due form of law, was committed to the faid C. N. W. J. and one E. B. of St. Alban's, widow, jointly; and that the said E, together with the faid C. N. and W. J. as adminiftrators, did there adminifter divers goods and chattels, which were of the faid J. W. at the time of his decease, which faid E. is ftill living, to wit, at H. aforefaid; and this, &c. wherefore, inasmuch as the faid E. is not made a co-defendant with the faid C, and W. in the faid bill, the faid C. and W. pray judgment of the faid bill, and that the fame may be quafhed. AND the faid E. by her attorney, comes and defends the wrong Aratrix fued as and injury, and prays judgment or the faid bill of the faid T. beexecutrix, that caufe the fays, that the faid J. on the first of November 1738, the ought to be at S. aforesaid, died inteftate, after whofe death, adminiftration of ftratrix, and not all and fingular the goods, chattels, and credits, which were of the faid James at the time of his death, by N. N. mafter of arts, and archdeacon of the archdeaconry of Totnefs lawfully conftituted, to whom the committing of the faid adminiftration then of right did belong, upon the twenty-fourth of November 1738, at, &c. in due form of law was committed to the faid E. in which cafe the faid T. ought to have named the faid E. adminiftratrix of all and fingular the goods and chattels which were of the faid J. at the time of his decease, who died inteftate, and not 3. Vent. 178. executrix executrix of the laft will and teftament of the faid J.; and this The is ready to verify: wherefore the prays judgment of the faid bill, and that the fame may be quafhed; with this, that the faid E. will verify that she did not adminifter any goods and chattels of the faid J. before the adminiftration commited to her as aforefaid. executrix. AND the faid E. by his attorney, comes and defends the force Plea, that the and injury, and prays judgment of the faid writ, because he fays, plaintiff is admithat the faid J. K. on the firft of September 1726, at the parish ratrix, traveraforefaid, died inteftate, after whofe death, adminiftration of all ing her being and fingular the goods and chattels which were belonging to the faid J. K. at the time of his death, fince the decease of the faid J. K. that is to fay, on the firft of December, in the year aforefaid, was in due form of law committed to the faid C. to wit, at the parish aforesaid; without this, that the faid C. is executrix of the last will and testament of the faid J. K. as the faid C. by his faid writ and declaration hath above fuppofed; and this, &c. wherefore, fince that the faid C. is not by his faid writ named admi niftratrix of the goods and chattels which were of the faid J. K. the faid E. prays judgment of the said writ, and that the fame may be quashed. AND S. L. against whom the faid J. hath brought this action Plea,that the des by the name of S. M. comes and defends the wrong and injury, fendant is under and prays judgment of the faid writ, becaufe fhe fays, that the overture, the faid S. before and at the time of fuing out the original writ Vide Cafes of the faid J. was under coverture of one J. L. her husband, Temp. Gul. 3. which faid J. L. is still living, to wit, at Westminster aforefaid; fo. 503. what a and this he is ready to verify: wherefore, inasmuch as the faid proper replication to this plea J. L. is not named in the faid writ, the prays judgment of the faid vide plea of cowrit, and that the fame may be quafhed. verture in plaintiff, in Burr. 3. V. p. 14. 124, defendant. AND the faid W. by his attorney, comes and defends the Plea, that another wrong and injury, &c. and prays oyer of the faid writing obli- perion figned the gatory, and it is read to him in these words: "Know all bond with the men," &c. (fet out the bond, but not the condition) which being read and heard, the faid William fays, that the said G. in the faid writing named, duly fealed and executed the said writing, and thereby became jointly bound with the said W. to the faid J. to wit, on the fame day and year aforefaid, at L. aforefaid, and that the faid G. is ftill alive, to wit, at L. aforefaid; and this he is ready to verify: wherefore, inasmuch as the faid G. is not named in the faid writ, the faid W. prays judgment of the faid writ, and that the fame may be quafhed, AND declared by at torney. Plea, that the AND the faid R. by his attorney, comes and defends the wrong plaintiff is an and injury, and prays judgment of the above declaration, because infant and hath he fays, that the aforefaid D. is now within the age of twenty-one years, to wit, of the age of nineteen years and no more, and that the aforefaid D. by W. D. his attorney, in the court here in the plea aforefaid hath declared, whereas by the law of the land the faid D. by his next friend in the faid court to be admitted, ought to have declared; and this he is ready to verify: wherefore, inafmuch as the faid D. being within age, by W. D. his attorney, in that plea in the faid court here hath declared, the faid R. prays judgment of the faid declaration, and if he to the fame ought to be compelled to answer. Plea,that thedefendant is an in fant. Plea, that others cuters are not dants. AND the faid J. by R. W. his guardian, who is now admitted by the court of our faid lord the king here to defend for him the faid J. who is under the age of twenty-one years, comes and defends the wrong and injury, when, &c. and faith, that he is under the age of twenty-one years, that is to fay, of the age of fifteen years, and no more; and this, &c. wherefore he doth not intend that during his minority he ought to answer the faid plaintiff of the faid debt as aforefaid, and prayeth therefore that the faid plea may remain till the full age of him the faid J. AND the faid T. and J. in their proper perfons, come and who are to exe- defend the wrong and injury, and pray judgment of the writ made defen- aforefaid, because they fay, that the aforefaid J. F. in his lifetime, at N. aforefaid made his laft will and teftament in writing, and thereby made, conftituted, and appointed the faid T. and J. together with A. F. his wife, and one E. F. his fifter, executors of his faid laft will and teftament, and afterwards there died; after whofe death, the faid A. F. and E. F. administered divers goods and chattels which were of the faid F. at the time of 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 E. are ftill living, that is to fay, at N. aforefaid; and this, &c. wherefore, fince the faid A. F. and E. are not named defendants in the writ aforefaid, the faid T. and J. pray judgment of the faid writ, and that the fame may be quashed. Plea, that the AND the faid E. by her attorney, comes and defends the plaintiff is a po- wrong and injury, and fays, that the faid plaintiff, at the time pfo recufant con- of exhibiting the faid bill of the faid J. and long before, was and ever fince hath been a popish recufant, and the faid J. now is, and before the day of exhibiting the faid bill was duly convicted of popish recufancy, to wit, at the general quarter felfions 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 faid Weft Weft Riding, by adjournment on the twentieth day of October, in the nineteenth year, &c. before G. B. and H. J. efquires, and others their fellows, then juftices of our faid lord the king, affigned to keep the peace of our faid lord the king within the Weft Riding aforefaid, and alfo to hear and determine divers felonies, trefpaffes, and cther mifdemeanors within the faid Weft Riding of the county aforefaid; which faid conviction was eftreated and certified from the faid court of the feffions aforefaid into the court of our lord the now king, before the king himfelf, according to the form of the statute in that cafe lately made and provided, and the fame there still remains in its full force, ftrength, and effect, not reversed or annulled; and this fhe is ready to verify by the faid record: wherefore fhe prays judgment of the said bill, and that the fame may be quafhed, &c. AND the faid defendant, by A.B. his attorney,comes and defends Plea to a popu the wrong and injury, and prays judgment of the faid bill, be- lar action, that cause he says, that in the faid Term of St. Michael, before our a prior fuit is depending against lord the king at Westminster, came one George Lake, by C. D. another perfon his attorney, and exhibited in the court of our faid lord the king, for the same of before the king himself here, to wit, at Westminster aforefaid, his fence. certain bill against the faid defendant in the cuftody of the mar- See the fubfefhal of the marfhalfea of our fovereign lord the king, before the quent proceed. king himself, of a plea of debt, and found pledges of profecuting, ings, and the reto wit, John Doe and Richard Roe; and by the faid bill the faid port of this cafe, 3. Burr. 1424 George complained against the faid defendant, being in the cuftody, and of a plea, &c. and for that, &c. (fet out the declaration) as by the record and proceedings thereof remaining in the fame court of our lord the king, before the king himfelf here, to wit, at Westminster aforefaid, fully appears, which faid fuit still remains depending and undetermined, and in the faid court of our faid lord the king here, to wit, at Weftminster aforefaid; and the faid defendant avers that the faid Benjamin Pitt, named in the faid bill of the faid George L. and the faid B. P. the now defendant named in the faid bill of the faid R. C. are one and the fame person, and not other or different; and the faid fuppofed offence in the faid first count of the said bill of the faid G. L. mentioned, and the faid fuppofed offence in the faid firft count of the faid bill of the faid R. C. mentioned, are in fact one and the very fame identical offence, and not other or different; and this, &c. wherefore he prays judgment of the faid bill of the faid R. C. and that the fame may be qualhed. J. NASH. AND the faid Henry Noah, in his proper perfon, comes and Plea, that the defends the wrong and injury, when, &c. and prays judgment of promifes were the original writ of the faid John, because he fays, that at the dant jointly with time of making of the faid feveral promifes in the faid declaration another made by defen with men- whom he was partner. |