AN

A

Action.

See Conspiracy.

An action of indebitatus assumpsit will not
lie to recover the interest accruing upon
a judgment debt during the suspension
of the execution by the creditor. Nor
can the plaintiff shew an express pro-
mise to pay such interest under a ge.
neral count. Beedle v. Grant and Dar-
ling.
433
If a credit given is voluntary, subsequent
to, and making no part of the original
contract, it may at any time be retract-
ed. But if it make any part of the ori-
ginal contract, it is so material a part of
it, that if an action be brought within
the time limited for the credit, it cannot
legally be supported unless it was not a
bona fide purchase by the vendee. Fisher
v. Brown.
Debt on recognisance entered by private
informer, upon motion and order for new
bail to prosecute a complaint before a
Justice holding a Court of Inquiry, will
not lie. Hazen et ux. v. Smith and Cas-
well.
105

See Trustees.

405

General indebitatus assumpsit for work and
labour done will not lie upon a promise
made by the defendant to pay for the
work, &c. done under the contract of
another, though the work, &c. was done
upon the defendant's buildings, and for
his eventual benefit. Sherman v. Stan-
350
But if there is a count in the same decla-
ration for money had and received, and
verdict for the plaintiff, the Court will
not on motion set it aside, if it appears
that substantial justice had been done
between the parties. Id.

ton.

ib.
An action for deceit will not lie against a
purchaser who makes false affirmations
in his own favour in order to obtain a
day of payment Fisher v. Brown. 387
An action will not lie to recover back mo-
ney or chattels advanced upon a con-
tract malum in se. Barnard v. Crane.

457

An action founded on tort may be sustain-
ed against one or more defendants; and
if two defendants join in pleading the
general issue, and the Jury find one
guilty and exculpate the other, this will
be no cause for setting aside the ver-
dict. Wright v. Cooper and Tousey. 425

Plaintiff may enter himself as bail for costs of prosecution on the original process in civil suits. Adams v. Davis. 3 The sheriff shall at his own risk take such bail for prisoners admitted to the liberties of the gaol yard, as in case of escape shall be sufficient to satisfy a judgment in favour of the creditor in money. Udall v. Rice. 213 In action on the case against the sheriff for taking insufficient bail, a non est returned by the sheriff's deputy on the execution which issued upon the sci. fa. against the bail may be so far impeached as that the sheriff may shew in his defence under the general issue, that the

bail was of sufficient property to respond the judgment at the day of the date of such execution. Sherwood v. Pearl. 314 Upon the surrender of the principal by his bail on mesne process in a Justice's Court, the magistrate can order him into the custody of a proper officer. If none such be present he can appoint one, who may detain him upon the parol order of the magistrate, whilst the Justice's Court continues open; but the officer cannot justify detaining his prisoner one moment after the Court is adjourned with or without day, unless he has a mittimus from the justice. Abells v. Chipman. 377

Bail-bond.

A promise made by a sheriff to a debtor within the liberties of the prison, "that if he escaped he would not sue him until he had prosecuted the bail," will not operate a defeasance of the bail-bond, if the principal be sued at the same time with the bail. Rice v. Pollard et al. 230

Bar.

See Qui tam.

In a plea in bar to debt on a foreign judgment, it is necessary to aver that the judgment was recovered contrary to the lex loci. Waddams v. Burnham. 233

See Bond.

A promissory note, dated 6th November, 1787, barred in six years, under the act of the 10th of March, 1787, taken in connection with the act of the 28th of October, 1790. Bailey v. Russell. 334

Betterments.

Objections to a declaration for betterments cannot be taken in opposition to the filing, but must be made in the common course of pleading to such declaration. Bingham, ex dem. Barlow and Bradley, v. Smith. 287

Bond.

If a bond be executed jointly and severally by three, and alteration is made in it by the consent of two of the obligors in the absence of the third, and afterwards the