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No III. them at the time of the making the said writing obligatory

should finally cease and determine. And the said Wiliam fur. ther faith, that although he afterwards, to wit on the fixth day of January, in the year of our Lord one thousand feven hundred and fifty-five at Banbury aforesaid, requested the faid

Charles to pay to him the said William the said seventy-five Proteftando. pounds, yet (by protestation that the said Charles hath not stood

to, obeyed, observed, fulfilled, or kept any part of the said award, which by him the said Charles ought to have been food to, obeyed, observed, fulfilled, and kept) for further plea therein he faith, that the said Charies the said seventy-five pounds to the said Willliam hath not hitherto paid : and this he is ready to verify. Wherefore he prays judgment, and his debt aforesaid,

together with his damages occasioned by the detention of the Demurrer. faid debt, to be adjudged unto him, &c. and the aforesaid

Charles faith, that the plea aforesaid, by him the said William in manner and form aforesaid above in his replication pleaded, and the matter in the same contained, are in no wise sufficient in law for the said William to have or maintain his action aforesaid thereupon against him the said Charles; to which the said Charles hath no neceflity, neither is he obliged by the law of the land, in any manner to answer : and this he is ready to verify. Where. fore, for want of a suficient replication in this behalf, the said Charles, as aforesaid, prays judgment, and that the af relaid

William may be precluded from having his action aforesaid there. Causes of upon against him, &c. And the said Charles, according to the

form of the statute in that case made and provided, thews to the court here the causes of demurrer following; to wit, that it doth not appear, by the replication aforesaid, that the said arbitators made the same award in the presence of two credible witnesses on or before the said first day of January, as they ought to have done, according to the fo:m and effect of the condition afore

faid; and that ihe seplication aforesaid is uncertain, insufficient, Joinder in and wants form. and the aforesaid William faith, that the plea domurier. aforesaid by him the said William in manner and form aforesaid

above in his replication pleaded, and the maiter in the fame contained, are good and fufficient in law for the said William to have and maintain the said action of him the said William there

upon

deniurrer.

upon against the said Charles; which said plea, and the matter No III. therein contained, the said William is ready to verify and prove n as the court shall award : and because the aforesaid Charles hath not answered to that plea, nor hath he hitherto in any manner denied the same, the laid William as before prays judgment, and his debt aforesaid, together with his damages occasioned by the detention of that debt, to be adjudged unto him, &c. no Continů. because the justices here will advise themselves of and upon the ances. premites before they give judgment thereupon, a day is thereupon given to the parties aforesaid here, until the morrow of All Souls, to hear their judgment thereupon, for that the said justices here are not yet advised thereof. At which day here come as well the said Charles as the said William, by their laid attorneys; and because the said justices here will farther advise themselves of and upon the premises before they give judgment thereupon, a day is farther given to the parties aforesaid here until the octave of saint Hilary, to hear their judgment thereupon, for that the said justices here are not yet advised thereof. At which day here come as well the said William Burton as the faid Charles Long, by their said attorneys. caherefore, the record Opinion of and matters aforesaid having been seen, and by the justices here the court. fully understood, and all and singular the premises being examined, and mature deliberation being had thereupon ; for that Replicas . it feems to the said justices here, that the said plea of the said cation in

fufficient. William Burton before in his replication pleaded, and the matter Judem nt therein contained, are not sufficient in law, to have and main- for the detain the action of the aforesaid William against the aforesaid

. fendant Charles; therefore it is conüidered, that the aforesaid William capiat per take nothing by his writ aforesaid, but that he and his pledges of breves prosecuting, to wit, John Doe and Richard Roe, be in mercy for his false complaint; and that the aforesaid Charles go thereof without a day, &c. and it is farther conüdered, that the afore- Amerce. said Charles do recover against the aforesaid William eleven pounds ment.

Cofts. and seven shillings, for his costs and charges by him about his defence in this behalf sustained, adjudged by the court here to the faid Charles with his consent, according to the form of the statute in that case made and provided : and that the aforesaid Charles Execution.' may have execution thereof, &c.

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· N III. lege himself to be bound to the said William in the faid sum of

two hundred pounds of lawful money of Great Britain, to be paid to the said William, whenever after the said Charles should be thereto required; nevertheless the said Charles (although often required) hath not paid to the said William the said fum of two hundred pounds, nor any part thereof, but hitherto altogether hath refused, and doth still refuse, to render the fame; wherefore he faith that he is injured, and hath damage to the

value of ten pounds: and thereupon he brings suit, (and good Prefert in proof.} And he brings here into court the writing obligatory curia. aforesaid ; whích testifies the debt aforesaid in form aforesaid ; Defence.

the date whereof is the day and year before mentioned. 2nd the aforesaid Charles, by Richard Price his attorney, comes and defends the force and injury when [and where it shall behove

him,) and craves oyer of the said writing obligatory, and it is read Qyer pray- unto him (in the form aforesaid] : he likewise craves oyer of the

of the condition of the said writing, and it is read unto him in these bond, and condition, words: “ The condition of this obligation is such, that if the wis. to pero « above bounden Charles Long, his heirs, executors, and ad. form an

“ ministrators, and every of them, shall and do from time to “ time, and at all times hereafter, well and truly stand to, obey, os observe, fulfil, and keep, the award, arbitrament, order, « rule, judgment, final end, and determination, of David Stiles, of Woodstock in the said county, clerk, and Henry Bacon, “ of Woodstock, aforesaid, gentleman, (arbitrators indifferently “ nominated and chosen by and between the said Charles Long « and the abovenamed William Burton, to arbitrate, award, “ order, rule, judge, and determine, of all and all manner of óc actions, cause or causes of action, suits, plaints, debts, duties, “ reckonings, accounts, controversies, trespasses, and demands « whatsoever had, moved, or depending, or which might have “ been had, moved, or depending, by and between the said parsc ties, for any matter, cause, or thing, from the beginning of “ the world until the day of the date hereof,) which the faid “ arbitrators shall make and publishing of or in the premises, in or writing under their hands and seals, or otherwise by word of “ mouth, in the presence of two credible witnesses, on or before " the first day of January next ensuing the date hereof; thor

award.

as this

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such award,

" this obligation to be void and of none effect, or else to be N° III. “ and remain in full force and virtue." fühich being read and

Imparlance. heard, the said Charles prays leave to imparl therein here until *** the octave of the holy Trinity; and it is granted unto him. The same day is given to the said William Burton here, &c. ContinuAt which day, to wit, on the octave of the holy Trinity, here a come as well the said William Burton as the said Charles Long, by their attorneys aforesaid : and hereupon the said William prays that the said Charles may answer to his writ and count aforesaid. and the aforesaid Charles defends the force and in- Plea; jury, when, C. and faith, that the said William ought not to N have or maintain his said action against him ; because he faith, that the said David Stiles and Henry Bacon, the arbitrators beforenamed in the said condition, did not make any such award, arbitrament, order, rule, judgment, final end, or determination, of or in the premises above specified in the said condition, on or before the first day of January, in the condition aforesaid above mentioned, according to the form and effect of the said condi. tion : and this he is ready to verify. Wherefore he prays judgment, whether the said William ought to have or maintain his said action thereof against him (and that he may go thereof without a day.] 2nd the aforesaid William faith, that, for any Replicathing above alleged by the said Charles in pleadings, he ought tion, set

- ting forth not to be precluded from having his said action thereof against an a vard. him; because he faith, that after the making of the said writing obligatory, and before the said first day of January, to wit, on the twenty-sixth day of December, in the year aforesaid, at Banbury aforesaid, in the presence of two credible witnesses, namely, John Dew of Chalbury, in the county aforesaid, and Richard Morris of Wytham, in the county of Berks, the said arbitrators undertook the charge of the award, arbitrament, order, rule, judgment, final end, and determination aforesaid, of and in the premises specified in the condition aforesaid ; and then and there made and published their award by word of mouth in manner and forin folloiving, that is to say: The said arbitrators did award, order, and adjudge, that he the said Charles Long should forthwith pay to the said William Burton the sum of leventy-five pounds, and that thereupon all differences between YoL. ΙΙΙ. Mm

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No III. them at the time of the making the said writing obligatory

l hould finally cease and determine. And the said William fur.

ther faith, that although he afterwards, to wit on the sixth day of January, in the year of our Lord one thousand feven hundred and fifty-five at Banbury aforesaid, requested the faid

Charles to pay to him the said William the faid seventy-five Preteftando. pounds, yet (by protestation that the said Charles hath not stood

to, obeyed, observed, fulfilled, or kept any part of the said award, which by him the said Charles ought to have been food to, obeyed, observed, fulfilled, and kept) for further plea therein he faith, that the said Charles the said seventy-five pounds to the said Willliam hath not hitherto paid : and this he is ready 10 verify. Wherefore he prays judgment, and his debt aforesaid,

together with his damages occasioned by the detention of the Demurrer. said debt, to be adjudged unto him, &c. and the aforesaid

Charles faith, that the plea aforesaid, by him the said William
in manner and form aforesaid above in his replication pleaded,
and the matter in the same contained, are in no wise sufficient in
law for the said William to have or maintain his action aforesaid
thereupon against him the said Charles; to which the said Charles
hath no neceflity, neither is he obliged by the law of the land,
in any manner to answer : and this he is ready to verify. Where.
fore, for want of a suficient replication in this behalf, the said
Charles, as aforesaid, prays judgment, and that the af relaid

William may be precluded from having his action aforesaid thereCauses of upon against him, &c. And the said Charles, according to the demurrer.

form of the statute in that case made and provided, thews to the court here the causes of demurrer following; to wit, that it doth not appear, by the replication aforesaid, that the said arbitators made the same award in the presence of two credible witnesses on or before the said first day of January, as they ought to have done, according to the fo:m and effect of the condition afore

said; and that the replication aforesaid is uncertain, insufficient, Trinder in and wants form. And the aforesaid William faith, that the plea demurier. aforesaid by him the said William in manner and form aforesaid

above in his replication pleaded, and the matter in the fame contained, are good and sufficient in law for the said William to have and maintain the said action of him the said William there

upon

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