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fhould happen to be ordained upon the faid affairs, fo that for want of fuch power, or through an improvident election of the faid knights, citizens, or burgeffes, the faid affairs might in nowife remain unfinished; willing nevertheless, that neither the faid theriff nor any other sheriff of that his faid majefty's kingdom should be in anywife elected; and the faid election in the faid theriff's full county fo made diftinctly and openly under his feal, and the feals of those who should be prefent at fuch election, the said sheriff fhould certify our faid lord the king in his chancery at the day and place aforefaid without delay, remitting to our faid lord the king one part of the aforefaid indentures annexed to the faid writ, together with the faid writ, which faid writ afterwards, and before the return thereof, that is to fay, on, &c. at the borough of T. aforefaid, in the faid county of C. was delivered to F. K. efquire, who then and from thenceforth until and after the return of the faid writ was fheriff of the faid county of C. to be executed in due form of law; by virtue of which faid writ the said sheriff afterwards, and before the return thereof, that is to fay, on, &c. in the faid eighth year aforefaid, at the borough of T. aforefaid, made his precept in writing, fealed with the feal of his office of theriff of the faid county of C. directed to the mayor and burgeffes of the borough of T. of and for the election within the faid borough, being within the faid county of C. of two burgeffes of the fame borough, according to the form and effect of the faid writ; by virtue of which faid precept afterwards, and before the return thereof, to wit, on, &c. in the faid eighth year of the reign of his prefent majelty at the borough of T. aforefaid, in the faid county of C. an election of two burgeffes of the faid borough, to serve as burgeffes of the faid borough at the then next parliament, to be holden as aforefaid, was had and made: And the faid J. C. further fays, that at the time of the committing the feveral offences hereafter mentioned, and before and from thenceforth until and at the faid election, Francis Thomas Fitzmaurice, earl of Kerry, in the kingdom of Ireland, and Archibald Buchanan, efquire, were candidates, that they might be elected and returned to ferve as burgefies for the faid borough at the aforefaid then next parliament, that is to fay, at the borough of T. aforefaid: and the faid J. C. further fays, that the faid A. C. not regarding the ftatute in that cafe made and provided, nor fearing the faid penalties therein contained, after the twenty-fourth day of June, A. D. 1729, and before the faid election of burgefles for the faid borough, to wit, on, &c. in the faid eighth year of, &c. at the borough of T. aforefaid, in the faid county, he the faid A. C. then and there, and from thenceforth until and at the time of the election aforefaid, having or claiming to have a right to vote in the faid election, and to give his vote in the faid election, did receive and take of and from P. C. efquire, a large fum of money, to wit, the fum of twenty pounds of lawful money of Great Britain, as a gift or reward for his the faid A. C. giving his vote in the faid election for the faid Francis Thomas, and A. B. contrary to the form of the ftatute

P 2

Declaration on

the

ftatute in fuch cafe made and provided; whereby and by force of the said statute an action hath accrued to the faid J. C. to demand and have of and from the faid A. C. five hundred pounds, part of the said one thousand pounds above demanded: And the said J. C. further faith, that the faid A. C. not regarding the ftatute in that cafe made and provided, nor fearing the faid penalties contained therein, after the twenty-fourth day of, &c. and before the said election of burgeffes for the faid borough, to wit, on, &c. in the faid eighth year of, &c. at, &c. he the faid A. C. then and there, and from thenceforth until and at the time of the election aforefaid, having or claiming to have a right to vote in the said election, and to give his vote in the faid election, did agree to receive and take of and from the faid P. C. a large fum of money, to wit, the fum of twenty pounds of lawful, &c. as a gift or reward for his the faid A. C. giving his vote in the faid election for the faid Francis and A. B. contrary to the form cf, &c.; whereby and by force of, &c. five hundred pounds, refidue of the faid one thoufand pounds above demanded; yet, &c. [Common conclufion in debt.]

MIDDLESEX, to wit. R. H. complains of W. H. the elder, general W. H. the younger, and R. W. being, &c. of a plea that they claufe of the render to him the fum of twenty pounds which they owe to and turnpike act of the 7. Geo. 3. unjustly detain from him, &c.; for that whereas the faid defendants, on, &c. at. &c. were and ftill are indebted to the faid plaintiff in the fum of twenty fhillings of lawful money of Great Britain, being forfeited by an act of parliament paffed in the seventh year of the reign of his present majefty, intitled, “ An "Act to explain, amend, and reduce into one Act of Parliament "the general Laws now in being for regulating the Turnpike "Roads of this Kingdom and fe: other purposes therein mention"ed," by reason whereof and by force of the faid act of, &c. an action hath accrued to the faid plaintiff to demand and have of the faid defendant the aforefaid twenty fhillings, parcel of the faid twenty pounds above demanded; and alfo, whereas the faid defendants, on, &c. at, &c. borrowed of the faid plaintiff the fum of nineteen pounds of lawful money of Great Britain, to be paid to the faid plaintiff whenever they fhould be thereto afterwards requefted; yet, &c. [Common conclufion in debt.]

Plea

thereto,

nalty within the

And the faid defendants, by T. W. their attorney, come and that defendant defend the wrong and injury, when, &c. and fay, that they do not tendered the pe- owe to the faid plaintiff the faid twenty pounds or any part thereof time limited in in manner and form as the faid plaintiff hath above thereof comthe notice of plained against them; and of this they put themselves upon the country: And for further plea as to the faid twenty fhillings in the firft Count of the faid declaration mentioned, they the faid defendants by leave, &c. according, &c. actio non; because they fay, that before the time of exhibiting of the bill of the faid plaintiff in

action.

this behalf, to wit, on, &c. at, &c. the faid plaintiff did caufe to be delivered to them the faid defendants a certain note in writing, bearing date the fame day and year laft aforefaid, fubfcribed in the name of the faid plaintiff, to take notice that, on, &c. they did travel with, use, and drive [here recite the notice to the end down to witness], under which faid notice the faid plaintiff then and there alledged and gave notice in writing that his attorney was Mr. Long, of Clement's Inn, No. 9, ground floor; and the faid defendants further fay, that the faid plaintiff and his place of abode then was, and from thence hitherto hath been, and still is wholly unknown to them and each of thein, and that the said offence mentioned in the faid notice was and is the fame identical offence mentioned in the faid declaration of the faid plaintiff, and that the faid defendants after the receiving the faid notice, and before the time of the commencement of the faid action against them, and within ten days next after the receiving of the faid notice, to wit, on, &c. at, &c. did offer to pay the faid fum of twenty pounds to Henry M. Long, being the fame perfon mentioned in the faid notice, fo being fuch attorney to the faid plaintiff, by way of amends for the fuppofed offence in the faid notice mentioned, and then and there tendered the fame by way of fuch amends in payment to the faid Henry, according to the form of the faid ftatute mentioned in the faid declaration of the faid plaintiff, to receive which of and from the faid defendants he the faid H. M. L. then and there wholly refused: And the faid defendants aver, that the faid fuppofed offence mentioned in the faid notice, and the faid fuppofed offence mentioned in the firft Count of the faid declaration are one and the fame offence, and not divers or different offences, and that the faid R. H. the now plaintiff, and the faid R. H. whose name was fo as aforefaid fubfcribed to the faid notice are one and the fame perfon, and not divers and different perfons; and this, &c.; wherefore, &c. if, &c.

And the faid plaintiff, as to the faid plea of the faid defendants Replication by them laftly above pleaded in bar, says precludi non; becaufe that they did protesting that the faid plea in manner and form above pleaded, not tender. and the matters therein contained, are not fufficient in law, and that he hath no need nor is he obliged by the law of the land to answer thereto; for replication in this behalf the faid plaintiff fays, that they the faid defendants did not, nor did any of them tender to the faid H. M. L. in the faid laft plea mentioned the said sum of twenty fhilllings, in manner and form as the faid defendants have above in pleading alledged; and this he prays may be enquired of by the country; and the faid defendants do the like, &c.; therefore, &c.

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Declaration on

the ftatute of

C. 13. against a

dealing in corn

EDWARD HEWETT
against

FOR that whereas by a certain act of parliament of 21. Henry 8. BENJAMIN H. PEPPER, CLERK, &c.) our lord Henry the Eighth, clergyman for late king of England, made in the twenty-first year of his reign, holding tithes, it was enacted, ordained, and established, that no fpiritual perfons, and a form up- &c. &c. [the 1ft and 5th fections of the 13th chapter are here reon leafe, and for cited] as by the faid act of parliament, relation being thereunto and wood. had, may more fully and at large appear; and the faid Edward who fues as aforefaid fays, that the faid Benjamin, on, &c. and long before was, and from thence hitherto hath been, and yet is a spiritual perfon within the intent and meaning of the faid act; neverthelefs the faid Benjamin fo being a fpiritual perfon within the intent and meaning of the said act, not regarding the faid act, nor fearing the penalties therein contained, he the faid B. after the making of the faid act, while the faid B. fo was fuch fpiritual person as aforefaid, to wit, on, &c. at, &c. in, &c. did take to farm to himself of and from one S. H. and of the leafe of the faid S. H. made after the making of the jaid act, and while he the faid B. fo was fuch fpiritual perfon as aforefaid, to wit, on, &c. at, &c. certain hereditaments, to wit, ail and fingular the great tithes of corn yearly arifing, renewing, jpringing on and coming off certain lands, to wit, two hundred acres of land, with the appurtenances, fituate, lying, and being in the parish of, &c. in the faid county of W. to hold to him for and during and to the full end and term of divers years mentioned in the faid leafe, and fully to be complete and ended, and held and occupied the fame hereditaments and farm under and by virtue of the faid leafe; and by reason thereof, for and during the full and whole time and pace of eleven months before the day of exhibiting the bill of the faid Edward, who as well, &c. he the faid B. during the whole space and time of eleven months, being and continuing fuch spiritual perfon, against the form of the itatute in fuch cafe made and provided, whereby and by force of the ftatute in fuch cafe made and provided he the faid Benjamin forfeited for his faid offence to our faid lord the now king and the faid Edward, who fues as aforefaid, one hundred and ten pounds, to wit, the fum of ten pounds for each and every of the faid eleven months in which he the faid Benjamin fo held and accepted the faid hereditaments and farm under and by virtue and reafon of the faid leafe; and whereby and by force of the faid ftatute in fuch cafe made and provided an action hath accrued to our faid lord the now king and the faid Edward, who fues as aforefaid, to demand and have of and from the faid Benjamin, for our faid lord the king and the faid Edward, who fues as aforefaid, the faid fum of one hundred and tea pounds fo forfeited as aforefaid, parcel of the faid two thoufand four hundred and eighty pounds above demanded: And the taid Edward who fues as aforefaid, &c. [2d Count more general than the firft]: And the faid Edward who fues as aforefaid further fays, that the faid B. fo being a fpiritual perfon as aforefaid within the intent and meaning of the faid act, &c. &c. [like the 1st Count, except that instead of what is in Italic you fay,] at the parish

2d Count.

3d Count.

aforefaid,

aforefaid, in the county aforefaid, did take to farm to himself of and from one W. R. and of the lease of the faid W. R. made by the faid W. R. to the faid Benjamin after the making the faid act, and while he the faid Benjamin fo was fuch fpiritual perfon as aforefaid, to wit, on, &c. at, &c. in, &c. for a certain term of years mentioned in the faid leafe, certain other lands, to wit, one hundred acres of land, with the appurtenances, fituate, lying, and being in the parish and county aforefaid, and held and occupied the fame by virtue of, and under and by reafon of the faid laftmentioned leafe, for and during the whole space of time of eleven months next before the day of exhibiting, &c. &c. [as in the first Count, mutatus mutandis to the end. [4th Count like the third, with the fame alterations as between the first and fecond. 5th Count like the former ones to the offence], during the time that he the faid Benjamin fo was and continued fuch fpiritual perfon as aforefaid, to wit, on, &c. and on divers other days and times between that day and the day of the exhibiting of the bill of the faid Edward, who fues as aforefaid, at, &c. in, &c. bargained and bought to fell again for lucre, gain, and profit, a large quantity of corn, to wit, wheat, barley, rye, beans, peas, oats, contrary to the form of the ftatute in fuch cafe made and provided, and which corn fo by him the faid B. by himself bargained and bought to be foid again at the refpective times of the faid bargaining and buying the fame, was of a large value, to wit, of the value of one hundred pounds; whereby and by force of the faid ftatute the faid B. forfeited to our faid lord the king and to the faid Edward, who fues as aforefaid, three hundred pounds for his faid last-mentioned offence, being treble the value of the faid corn fo bargained and bought to be fold again as aforefaid, and whereby, &c. an action, &c. [5th Count, bargained and bought, &c. by his fervant. 7th and 8th Counts like the fifth and fixth, only for wood inftead of corn. 9th and 10th Counts like the fifth and fixth, only for wool inftead of corn. 11th and 12th Counts like the fifth and fixth, only for malt inftead of corn,

a

LONDON, to wit. William Beatty, who fues as well for Declaration on our fovereign lord the king as for himself in this behalf, complains the statute of of Thomas Langdon, being in the cuftody of, &c. in a plea that he 5. Eliz. c. 4. for render to our faid lord the king and to the faid William, who fues taking an apprentice to as aforefaid, the fum of twenty pounds of good and lawful money of hoemaker for a Great Britain which he owes to and unjustly detains from them; lefs time than for that whereas the faid Thomas, before and at the time of the feven years, and committing the feveral offences hereafter mentioned, was an houfe- for fetting a perfon at work holder of the age of twenty-four years and upwards, dwelling and in the trade of inhabiting in the city of London, being a city corporate, to wit, a fhoemaker at the parish of, &c. in the ward of, &c. and there ufing a certain who had not art, mystery, or manual occupation, that is to fay, the art, mystery, or manual occupation of a fhoemaker: And the faid William in fact further faith, that the faid Thomas so being such householder

been an appren

tice.

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