of the faid A. B. in due manner made and exhibited in writing on behalf of himself, and of all the other creditors of the faid Rupert, to the right honourable C. D. then lord high chancellor of Great Britain, for the obtaining of their remedy in that behalf against the faid Rupert, fo being a bankrupt as aforefaid, the faid A. B. and the feveral other creditors aforefaid of the faid Rupert not being then paid or fatisfied their respective debts as aforefaid, a certain commiffion of bankruptcy of our lord the prefent king, founded on the ftatutes made and provided, and then in force against such bankrupts, fealed under the great feal of Great Britain, and brought here into court, bearing date at Westminster, the day and year laft aforefaid, directed to one A. B. and C. D. &c. in due manner iffued, by which faid commiffion our faid lord the king gave full power and authority to the faid commiffioners, four or three of them, whereof the faid lord the king would that the faid A. B. or C. D. should be one, according to the statutes made and in force concerning bankrupts; not only concerning the faid bankrupt, his body, lands, and tenements, goods, debts, and other his effects whatsoever, but also concerning all perfons whatsoever, who, by concealment or otherwife, fhould offend touching the faid premises, or any of them, contrary to the true intent and purpofe of the fame ftatutes, or any of them, to do and execute all and every thing or things whatsoever, as well towards the fatisfaction and payment of the creditors of the faid Rupert, as for and towards all other intents and purposes according to the provisions of the ftatutes aforefaid, as by the faid commiffion, reference being thereto had, may more fully appear: And the faid Robert further says, that the faid A. B. &c. three of the aforefaid commiffioners in the faid commiffion named, by virtue of the faid commiffion, and alfo by virtue of the ftatutes in fuch cafes made and provided, for the better relief of the creditors aforefaid, after the making of the aforefaid-obligatory in the faid declaration, and before the exhibiting the bill of the faid Rupert, that is to fay, on, &c. at, &c. by a certain indenture then and there made between the faid A. B. &c. of the one part, and of the other

part; the one part of which faid indenture, fealed with the feals of the faid A. B. &c. the faid Robert now brings into court here, the day whereof is the day and year laft-mentioned in execution of the commiffion affigned to the faid A. B. &c. amongst other things, the aforefaid debt, in the faid declaration mentioned, and the faid fum of money due and payable by virtue of the faid writing-obligatory, for the ufe of the faid A. B. and all the other creditors of the faid Rupert, who had fought, or who fhould hereafter in due time come in and feek relief by virtue of the faid commiffion, and fhould contribute towards the faid commiffion: And the faid Rupert further fays, that he faid Robert hath not paid the faid fum of money in the faid condition of the aforefaid writing-obligatory mentioned, according to the form and effect of the faid condition, whereby the faid writing-obligatory, at the time of the exhibiting of the aforefaid bill of the faid Rupert, and long before was become and is forfeited, and by virtue of the

2

com

Plea to debt on bond; ift, non eft fastum; 2d,

commiffion and affignment aforefaid, he the faid Robert at the time of exhibiting of, &c. and long before, was and yet is chargeable to pay the faid fum of money in the faid writing-obligatory mentioned, being the fuppofed debt above demanded, to the aforefaid ; and this, &c.; wherefore, &c. if, &c.

ROOKSLY
at fuit of

oyer of bond FAWCETT.

and

}

Hilary Term, 15. Geo. III.

AND the faid John, by A. B. his attorney, comes and defends the wrong and injury, when, &c. and fays, that he ought not to be charged with condition the faid debt by virtue of the faid writing; because he says, that which was given the faid writing is not his deed; and of this he puts himself upon to plaintiff in confiderationfhe the country, &c.; and the faid Sarah doth the like, &c.: And for would live in further plea in this behalf, by leave, of, &c. according, &c. the faid fornication with John prays oyer of the faid writing and it is read to him in these the defendant. words, to wit, "Know all men," [fet out the bond verbatim];

and not for rent

in arrear. I

he also craves oyer of the condition of the faid writing-obligatory, 'and it is read to him in these words, to wit, "the condition, &c." [fet out the condition]; which being read and heard, the faid John faith that he ought not to be charged with the faid debt by virtue of the faid writing; because he fays that he the faid John, being fole and unmarried, made, fealed, and delivered the faid writing with the faid condition thereof to the said Sarah, the the faid Sarah being alfo fole and unmarried, in confideration that the faid Sarah would thereafter unlawfully cohabit and live in fornication and concubinage with him the faid John, and for no other confideration or caufe wha:foever, to wit, at, &c. in, &c.; wherefore the faid writing was and is void in law; and this, &c.; wherefore, &c. if he ought to be charged with the faid debt by virtue of the faid writing.

(a) Plea in bar, AND the faid defendants, by A. B. their attorney, come and that the cattle defend the wrong and injury, when, &c. and say (actio non); bereplevied were caufe they fay, that the faid cattle, goods, and chattels of the faid diftrained da- J. F. in the faid declaration mentioned, at the faid time when mage feasant, the fame were fo taken and diftrained as in the faid declaration mentioned, were taken and diftrained in and upon a certain clofe of and belonging to the faid J. S. for and in the name of a distress for the damage fuppofed to be there done and doing by the faid cattle, goods, and chattels being in and upon the faid clofe of the faid J. S. and not for any rent in arrear and unpaid, to wit, at, &c. And the faid defendants further fay, that thereupon the faid J. F. then and there made his complaint to the faid fheriff of the taking and unjustly detaining of the faid cattle, goods, and chattels by the faid J. S. for the faid fuppofed damage fo then done and doing by the faid cattle, goods, and chattels to the faid J. S. and then and there prayed the faid theriff that the faid cattle, goods, and chattels might be forthwith replevied by him the faid theriff, and (4) This is a plea in repko'n,! (See Pleas, Avowries, &c, in replication for d Areffes. delivered

I

delivered to him the faid J. F.; and thereupon the faid defendants
further fey, that the said sheriff did take from the said defendants
two refponfible perfons as fureties for the faid bond or writing-
obligatory in the faid declaration mentioned for the said damage fo
then supposed to have been done by the fame to the faid J. S. to
wit, at, &c.; and this, &c.; wherefore, &c; if, &c.
W. BALDWIN.

miniftratrix of

gaged.

as

riens

AND the faid William, by A. B. his attorney, comes and de- Plea (to declafends the wrong and injury, when, &c. and fays, that he the faid ration in debt William cannot deny but that he the faid. William is the brother on bond by adand heir at law of the faid R. R. deceafed, in the faid writingobligatory named; nor but that the faid writing-obligatory is the defendant deed of him the faid R. R. his late brother, deceased; but the faid brother and heir William fays, that he hath not nor had any lands or tenements by at law of the defcent from the faid R. R. his brother in fee fimple; and this, &c.'; obligor) wherefore, &c. if, &c. And for further plea in this behalf, by plea, riens per per defccnt; 2d, leave of, &c. fays (actio non); because he fays that he hath not nor defcent, except ever had any lands or tenements by descent from the faid R. R. his the reversion of brother in fee fimple, except the reverfion of certain clofes, enclo- premises mortfures, or pieces of land, with the appurtenances, fituate, lying, and being at, &c. [defcribe the premises as in mortgage deed] of Vide 2. Will.49and belonging to him the faid William and his heirs expectant on the determination of a certain term of fix hundred years commencing the first of May 1765 granted and demifed by the faid R. R. in his lifetime to one E. J.; and also of a certain other term of ninety-nine years, commencing on the first of May 1760, granted and demifed by the faid R. R. in his lifetime unto one H. M. and which faid feveral terms of five hundred and ninety-nine years were affigned and transferred by the faid E. J. and H. M. and ratified and confirmed by the faid R. R. in his lifetime to one J.W. for the remainder of the said several terms, and also the reverfion of a certain meffuage or tenement, fituate, &c. [here defcribe the premifes as in the mortgage deed] belonging to the faid William and his heirs expectant, on the determination of a certain other term of one thou fand years, commencing on, &c. granted and demised by the faid R. R. in his lifetime to one R. T. and E. his wife, and which faid laft-mentioned term of years were affigned by the faid R. T. and E. and ratified and confirmed by the faid R. R. in his lifetime unto one A. W. for the remainder of the faid laft-mentioned term of years; and this, &c.; wherefore, &c. if the said William as brother and heir at law of the faid R. R. ought to be charged with the faid debt, except in regard of the faid reverfions expectant as aforesaid, by virtue of the faid writingobligatory.

Drawn by MR. CROMPTON.

VOL. VII.

F f

AND

defendants, rien as devifees.

Plea to declara- AND the faid John the defendant, E. E. and R. by A. B. their tion, ift, by all attorney, and the faid S. by C. D. her guardian, who is admitted by the court here to defend for the faid S. who is under the age of twenty-one years, come and defend the wrong and injury, when, &c. and as to this, that the faid John the defendant, E. E. R. and S. by the declaration aforefaid are impleaded as furviving devifees of certain lands, tenements, and hereditaments, whereof the faid J. S. the father died feifed in his demefne as of fee, they the faid defendants say (actio non), as furviving devifees in form aforefaid; because they fay, that although they cannot deny but that the faid writing-obligatory is the deed of the faid J. S. the father, yet they further fay, that they have not, nor hath either of them, nor had they or either of them, at any time whatever, any lands, tenements, or hereditaments, of the faid J. S. the father, deceased, (a) whereof he was feifed in his demefne as of fu, as furviving devifees of the laft will and teftament of the faid J. S. the father, deceased; and this, &c.; wherefore, &c. if the faid Henry ought to have or maintain his aforefaid action thereof against him as furviving devifees in form aforefaid: And as to this, that the faid John the defendant is by the faid declaration impleaded as fon and heir of the faid J. S. the father, deceased, the faid John the defendant fays, that he, as fon and heir of the faid J. S. the father, ought not to be charged with the debt aforefaid by virtue of the faid writing-obligatory; because he says, that although he cannot deny but that the faid writing-obligatory is the deed of the faid J. S. the father, yet the faid John the defendant further fays, that he had not, nor had he on the day of exhibiting the bill of the faid Henry, or at any other time before or fince, any lands, tenements, or hereditaments, by defcent from his faid father in fee fimple; and this, &c.; wherefore, &c. if he, as fon and heir of the faid J. S. the father, deceased, ought to be charged 2d Plea, by the with the faid debt by virtue of the faid writing-obligatory: And heir rien per do- for further plea in this behalf as to this, the faid John the defendfent, except the ant is by the faid declaration impleaded as fon and heir of the faid rectory of A. of the value of J. S. the father, deceased, he the faid John by leave of, &c. fays, that he, as fon and heir of the faid J. S. deceafed, ought not to be more, which de- charged with the debt aforesaid by virtue of the faid writing-obligafendant paid to tory; because he fays he cannot deny, &c. [as before], yet the one M. J. in faid John the defendant further fays, [as before] in fee fimple, exof a bend of cept the rectory or parfonage impropriate of the parish of B. in the for faid county of S. with the appurtenances, and the glebe lands,

600l. and no

part fatisfaction

1. ftator's

tythes, offerings, oblations, and obventions thereto belonging and appertaining, which faid rectory, glebe, &c. with the ap purtenances, at the time of the death of the faid J. S. the father, deceased, were and now are of small value, to wit, of the value of fix hundred and thirty pounds, and no more, to wit, at, &c.: And the faid defendant further fays, that the faid J. S. the father, in his lifetime, and before his entering into the faid writing-obliga

tory in the faid declaration mentioned, to wit, on, &c. by his certain writing-obligatory, fealed with his feal, became held and firmly bound to one M. J. in two thoufand pounds of lawful money of Great Britain, to be paid to the faid M. J. when he the faid J. S. the father fhould be thereunto afterwards requested, which payment to be well and truly made the faid J. S. the father bound himself and his heirs by the faid writing-obligatory laftmentioned, which faid laft-mentioned writing-obligatory was made for the payment of a juft and true debt, due and owing from the faid J. S. the father to the faid M. J.; and the faid laft-mentioned writing-obligatory at the time of the death of the faid J. S. the father, remained and was in full force and effect, and not in anywife cancelled, annulled, deftroyed, or fatisfied: And the faid J. S. the defendant further fays, that after the death of the faid J. S. the father, and long before the day of exhibiting the bill of the faid Henry, to wit, on, &c. he the faid J. the defendant, as fon and heir of the faid J. S. the father, well and truly paid to the faid M. J. a large fum of money, to wit, the fum of fix hundred and thirty-one pounds, in fatisfaction and difcharge of fo much of the money then due and owing upon and by virtue of the faid laftmentioned writing obligatory fo made and entered into by the faid J. S the father, to the faid M. J. as aforefaid, to wit, at, &c, which faid fix hundred and thirty-one pounds of, &c. and more was then really and juftly due upon the faid laft-mentioned writ ing-obligatory, and which fum of fix hundred and thirty-one pounds is more than the real value of the faid rectory, glebe, &c. above demanded, with the appurtenances, which defcended to the faid J. the defendant, as fon and heir of the faid J. S. the father as aforesaid, to wit, at, &c.; and this, &c.; wherefore, &c. if he,

except, &c. and

inteftate,

as fon and heir of, &c. ought to be, &c.: And the faid S. for fur- 3d Plea, by one ther plea in this behalf fays, that the, as devilee in form aforefaid, of the devifres ought not to be charged with the debt aforefaid by virtue of the riens per devife, faid writing-obligatory in the faid declaration mentioned; becaufe that the paid the The fays, that the cannot deny, &c. [as before], yet the further full value in part fays, that he has not, nor had the on the day of exhibiting the of fatisfaction of bill of the faid Henry, or at any time before or fince, any lands, two bonds of tenements, or hereditaments, of the gift of the faid J. S. the father, deceased, as his devifee, except one cottage and twelve acres of land, with the appurtenances, fituate, lying, and being in, &c. duly devifed by the faid J. S. the father, decealed, to her the faid S. and the heirs of her body lawfully iffuing, and in default of fuch iffue to the faid J. the defendant, E. E. and their heirs and affigns for ever, as tenants in common, and not as joint tenants; and that the said estate, so devised to the faid S. of and in the faid one cottage and twelve acres of land, with the appurtenances, at the time of the death of the faid J. S. the father, was and now is of fmail value, to wit, of the value of two hundred and thirty pounds, and no more, to wit, at, &c. [here state the former bond to M.J.; and that J. S. the father entered into another bond to one J. G. in four hundred pounds; and that the fame remained in full Ff2 force