BYE-LAWS.

ON appear; and the said royal college of surgeons further say, that the said Samuel Hunt, before the day of the date of the said last-mentioned letters patent, to wit, on the said 4th day of June, in the year of our Lord 1789, was a member of the said late corporation of surgeons, established by the said act, made and passed in the 18th year of the reign of his said late Majesty King George the Second, and so remained and continued such member thereof, until the dissolution thereof, to wit, at London aforesaid, in the parish and ward aforesaid; and the said royal college of surgeons in London further say, that the said Samuel Hunt, so having been such member of the said late corporation of surgeons as aforesaid, afterwards, and after the making of the said last-mentioned letters patent, to wit, on the 21st day of April, in the year of our Lord 1800 aforesaid, at, &c. was willing to become and be a member of the said college, by the said last-mentioned letters patent established and incorporated, and did afterwards, and within six calendar months after the date of the said letters patent, to wit, on [ *412] *the same day and year last aforesaid, at, &c. aforesaid, testify his acceptance of

his said late Majesty's said last-mentioned letters patent, and his consent to become a member of the said college, by then and there signifying such his acceptance and consent in writing, to the court of assistants of the said college; and the said S. H. then and there became, and was, and still is, a member of the said royal college of surgeons in London, to wit, at London aforesaid, in the parish ward aforesaid; which said last-mentioned letters patent, after the making thereof, to wit, on the 2d day of May, in the year of our Lord 1800 aforesaid, at London aforesaid, in the parish and ward aforesaid, was duly accepted by the said master and governors, and other members of the said court of assistants therein named, and also by divers, to wit, one hundred members of the said late dissolved corporations, and also, by divers, to wit, twenty persons, who, since the dissolution thereof, had obtained such letters testimonial as aforesaid, under a seal, purporting to be the seal of the said late dissolved company or corporation; and the said royal college further say, that afterwards, to wit, on the 8th day of January, in the year of our Lord 1802 aforesaid, at the said college, being the said hall or council-house of the said college, situate in Portugal Row aforesaid, the said George Chandler then and there being the principal master of the said college, and the said Thomas Keate and Charles Blicke then and there being the governors of the said college, and the said Charles H., J. W., W. L., S. H., J. E., W. L., T. F., J. B., J. H., J. H., W. B., H. C., D. D., J. S. C., E. F., W. N., J. W., and E. H. then and there being members of the said court of assistants, did then and there respectively duly assemble and duly hold a court of assistants of the said royal college of surgeons, in order to treat and consult about and concerning the rule, order, state, and government of the said college; and the said last-mentioned master, governors, and court of assistants being so assembled as aforesaid, did then and there, in pursuance and by virtue of the said last-mentioned letters patent, duly make and ordain the following bye-law, rule, and ordinance, the same appearing to them the said master, governors, and court of assistants so assembled as last aforesaid, requisite and convenient for the regulation, government, and advantage of the said college, and the same bye-law, rule, and ordinance not being contrary to law; and whereby it was then and there duly ordained, that every member of the court of assistants

ON

BYE-LAWS.

*should annually pay the sum of forty shillings, and every other member of the college who should reside in or within seven miles of the city of London, should pay the sum of twenty shillings towards defraying the necessary charges and expenses of the college, which several annual sums should be due and payable upon the 24th day of June in every year; and the first part thereof should be due and payable upon the 24th day of June, 1802; which said last-mentioned bye-law, rule, and ordinance, so made and ordained as last aforesaid, afterwards, to wit, on the same day and year last aforesaid, at London aforesaid, in the parish and ward aforesaid, and pursuant to the directions of the said last-mentioned letters patent, and according to the form of the Statute in such case made and provided, was examined, approved of, and allowed by the right honorable John Lord Eldon, then lord high chancellor of Great Britain, the right honorable Lord Ellenborough, then chief justice of his late majesty, assigned to hold pleas in the court of our said lord the now king, before the king himself, and the right honorable Richard Pepper Lord Alvanley, then lord chief justice of his late Majesty, of the bench at Westminster, to wit, at London aforesaid, in the parish and ward aforesaid; of all which said several premises the said Samuel Hunt, afterwards, to wit, on the same day and year last aforesaid, at London aforesaid, in the parish and ward aforesaid, had notice; and the said royal college of surgeons further say, that the said Samuel Hunt, being such member of the said royal college of surgeons as aforesaid, on the 21st day of April, in the year of our Lord 1800 aforesaid, resided, and hath thence hitherto resided, within seven miles of the city of London, to wit, in the parish of St. Martin in the Fields, in the city and liberty of Westminster aforesaid, in the county of Middlesex aforesaid, to wit, at London aforesaid, in the parish and ward aforesaid; and by means thereof, and by virtue of the said bye-law, he the said Samuel Hunt, after the making of the bye-law, to wit, on the 24th day of June, in the year of our Lord 1804, at London aforesaid, in the parish and ward aforesaid, became and was liable to pay, and ought to have paid to the said royal college of surgeons, a large sum of money, to wit, the sum of twenty shillings, of lawful money of Great Britain, for one year of the said contribution, ending on the said 24th day of June, in the year of our Lord 1804 aforesaid, towards defraying the necessary charges and expenses of the said royal college, whereby, *and by reason of the said last-mentioned sum [ *414 ] of money being and remaining wholly unpaid, an action hath accrued to the said royal college of surgeons, to demand and have of and from the said Samuel Hunt the said last-mentioned sum of twenty shillings, residue of the said sum above demanded; yet the said Samuel Hunt, (although often requested so to do) hath not as yet paid the said sum of forty shillings above demanded, or any part thereof, to the said royal college of surgeons, but hath hitherto wholly neglected and refused, and still wholly neglects and refuses so to do, to wit, at London aforesaid, in the parish and ward aforesaid; to the damage of the said royal college of surgeons of £10, and therefore they bring their suit, &c.

ON FOREIGN
JUDGMENTS

AND JUDG-
MENTS OF
INFERIOR
COURTS.

V. ON JUDGMENTS OF FOREIGN OR INFERIOR COURTS.

For that whereas the said plaintiff, heretofore, to wit, at a supreme court of On a Jamai judicature of our sovereign lord the king, holden at the town of St. Jago de la ca judgment Vega, in and for the island of Jamaica, and within the jurisdiction of the said (6) (1). court(c), to wit, at, &c. (venue) the last Thursday in August, in the year of the reign of our said lord the king, and in the year of our Lord —, before the honorable —, esq. chief judge of the said court, and his associates, then sitting judges of the same court, by the consideration and judgment of the same court, recovered against the said defendant, as well the sum of £- current money of the said island of Jamaica, for his damages, which he had sustained by occasion of the non-performance of certain promises and undertakings before that time made by the said defendant to the said plaintiff, as also the sum of £- current money of the said island of Jamaica, for his costs and [ *415] charges by him about his suit in that behalf expended, to the said plaintiff, *by

On a Scotch decree(e).

the said court of his own assent, then and there adjudged, whereof the said defendant is convicted, which said judgment still remains in that court, in full force and effect, in no wise satisfied, recovered, or annulled, (that is to say) at, &c. (venue) aforesaid. And the said plaintiff in fact saith, that he hath not yet obtained execution of the aforesaid judgment, and that the damages, costs, and charges aforesaid, in form aforesaid recovered, are of great value, to wit, of the value of £-(d) of lawful, &c. to wit, at, &c. (venue) aforesaid, whereby an action hath accrued to the said plaintiff, to demand and have, of and from the said defendant the said sum of £- parcel of the said sum above demanded. -[Add counts on debt, for the debt upon which the judgment was obtained, money counts, and the account stated.]

For that whereas heretofore, to wit, on, &c. a certain decree and sentence was made, in and by his majesty's court of sessions in Scotland, to wit, at, &c. (venue) in a certain matter then depending in the same court wherein the said plaintiff was pursuer, and the said defendant was defender, by which said de

(b) As to when debt or assumpsit lies on the judgment of a foreign or inferior court, see ante, 243, notes. Becquet v. Macarthy, 2 Bar. & Adol. 951; 1 Crom. M. & Ros. 277, and see form of declaration, Scott v. Bevan, 2 Bar. & Adol. 78. See also as when such judgment is conclusive, id. Also as to the form of the declaration, id.

(c) These words are unnecessary, and the declaration would be good without them, upon special demurrer. 1 Wils. 319, 520.-Com. Dig. Pleader, 2 W. 12. See form in Assumpsit, and notes, ante, 243; and notes to the next precedent.

(d) To ascertain the value in this case, multiply the current money by five, and then divide by sevwhich produces the amount in sterling English money. The value to be recovered is that sum

en,

in sterling money which the currency would have produced according to the actual rate of exchange between Jamaica and England at the date of the judgment, Scott v. Bevan, 2 Bar. & Adolph. 78.

(e) See the form in asumpsit, and notes, ante 245; and that assumpsit lies, see 1 M. & P. 663.— 4 Bing. 686, S. C. Debt lies upon the decree of a colonial court of Equity which has no pow er to enforce its decrees in this country, 1 Campb. 253. It does not lie on a decree of an English > court of Equity, though it be for the payment of a specific sum of money, when it is founded on equitable considerations only, 3 B. & A. 52; (2) nor on a mere interlocutory order of a court of law, 2 H. B. 248. 4 Taunt. 705. when it lies on a rule of reference, 1 Sid. 452.-3 B. & A. 57.

(1) See the precedent, Richards, Adm. v. Bickley, 13 Serg. & Rawle, 395, which was debt upon a Barbadoes judgment. When the foundation of the foreign judgment is a specialty, and it is so stated in the declaration, the Statute of Limitations (actio non accrevit) is not a good plea, ibid. >

(2) In Pennsylvania an action of debt is maintainable on a decree of a court of Equity of a sister state for the payment of money. Evans adm. v. Tatem, 9 Serg. & Rawle, 252. The considerations upon which the decree was founded do not appear by the report. >

ON SCOTCH

DECREE.

cree it was found, and the lords of council and sessions being the judges of the same court, did thereby then and there find the said defendant liable to the said plaintiff in the sum of £- sterling, as the said plaintiff's salary for eighteen nights he had been engaged to perform by the said defendant at certain theatres, &c. -[Set out the adjudicatory part of the decree carefully] as by the said decree and sentence more fully appears(ƒ), of which said decree and sentence the said defendant afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, had notice, which said decree and sentence still remain in full force and effect, not in anywise reversed, set aside, or otherwise vacated; and the said plaintiff hath not obtained any satisfaction of or upon the said decree or sentence for the said several sums of money so decreed and ordained as aforesaid, whereby an action hath accrued to the said plaintiff, to demand and have of and from the said defendant the said sum of £-parcel of the said sum above demanded. And whereas also the said defendant afterwards, to wit, on the said, &c. Second at, &c. (venue) aforesaid, had become and was indebted to the said plaintiff in general. the further sum of £— of like lawful money, upon and by virtue of a certain decree and sentence before then made in and by his said majesty's court of sessions in Scotland aforesaid, in a certain matter then depending in the same court, wherein the said plaintiff was pursuer, and the said defendant was defender, by which said last-mentioned decree and sentence the said defendant was decreed and ordained to pay to the said plaintiff divers sums of money, in the whole amounting to the said last-mentioned sum of £- which is still wholly unpaid and unsatisfied to the said plaintiff, to wit, at, &c. (venue) aforesaid, whereby an action hath accrued to the said plaintiff to demand and have, of and from the said defendant the said last-mentioned sum of £- other parcel of the said sum above demanded. [Add counts for the original debt for which the decree was obtained, and the money counts, and account stated in debt, and breach.]

count more

ment recov

court of

(g).

For that whereas the said plaintiff, heretofore, to wit, on, &c. (the day when On a judgjudgment given, or about it) in the court of record of our said lord the king of ered in the borough the borough of Liverpool, in the county palatine of Lancaster, holden in the common hall within the exchange, before P. W. B. Esq. the mayor of the said Liverpool borough, according to the custom of the borough aforesaid, from time whereof the memory of man is not to the contrary, used and approved of within the said borough, by the consideration and judgment of the said court, recovered against the said defendant the sum of £14. 7s. parcel of the said sum above demanded, which in and by the said court was adjudged to the said plaintiff for his damages which he had sustained as well as by reason of his not performing certain promises and undertakings then lately made to the said plaintiff by the said defen- [ *416 ] dant in the borough aforesaid, and within the jurisdiction of the said court,(gg) as for his costs and charges by him about his suit in that behalf expended, whereof the said defendant was convicted, as by the record and proceedings thereof remaining, &c. which said judgment remains in full force and effect, not

(f) As to this averment, see Doug. 1. 5 East, 473.

(g) Debt lies on the judgment of an inferior court, see 243 a; and see ante, 243, as to assumpsit, and the note as to the form of declaring.

(gg) This allegation seems essential in debt upon the judgment of an inferior court, Read v. Pope, I Crom. M. & Ros. 302; Salter v. Slade, 1 Adol. & Ell. 608. >

ON SCOTCH reversed, vacated, set aside, annulled, paid off, or satisfied, and the said plaintiff' has not as yet obtained any satisfaction or execution of the said judgment in form aforesaid recovered, whereby an action hath accrued to the said plaintiff, to demand and have, of and from the said defendant, the said sum of £14. 78. parcel of the said sum above demanded.—[Add counts on the original cause of action, account stated, and breach.]

VII. FOR ESCAPES.

For that whereas the said plaintiff heretofore, to wit, in

year of the reign of our lord the now king, in the court in his custo- of our said lord the king, before the king himself [or, if the judgment were in

(1) Shewell v. Fell, 3 Yeates, 17. 4 Yeates, 47. And the insolvency of the person in custody would be no defence to the action. Wolverton v. The Commonwealth, 7 Serg. & Rawle, 273. Į