Page images
PDF
EPUB
[graphic]

"this obligation to be void and of none effect, or else to be "and remain in full force and virtue." SSlbfcb being read and heard, the said Charles prays leave to imparl therein here until the octave of the holy Trinity; and it is granted unto him. The fame day is given to the said William Burton here, CSV. ContinuAt which day, to wit, on the octave of the holy Trinity, here ance" 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. 3nD the aforesaid Charles defends the force and in- Plea; jury, when, (Sfc. and faith, that the said William ought not to ^^,ch 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 condition: 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.] 3lnt> the aforesaid William faith, that, for any Rcpiicathing above alleged by the said Charles in pleadings, he ought 'I0"' sctnot to be precluded from having his said action thereof against an award, 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 Banbnry aforesaid, in the presence of two credible witnesses, namely, John Dew of Chalbury, in the cou,nty aforesaid, and Richard Morris of Wytham, in the county of Berks, the sold 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 form following, that is to fay: 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 seyenty-five pounds, and that thereupon all differences between Vol. III. M m them

Demurrer.

N* III. them at the time of the making the said writing obligatory 'J should finally cease and determine. And the said William further faith, that although he afterwards, to wit on the sixth day of January, in the year of our Lord one thousand seven hundred and fifty-five at Banbury aforesaid, requested the said Charles to pay to him the said William the said seventy-five Prctestar.de. pounds, yet (by protestation that the said Charles hath not stood to, obeyed, observed, fulfilled, or kept any part os the said award, which by him the said Charles ought to have been stood 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 to verify. Wherefore he prays judgment, and his debt aforesaid, together with his damages occasioned by the detention of the said debt, to be adjudged unto him, Use. «Jno 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 fame contained, are in no wife 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 sufficient replication in this behalf, the said Charles, as aforesaid, prays judgment, and that the aforesaid William may be precluded from having his action aforesaid thereupon agninst him, &V. And the said Charles, according to the form of the statute in that cafe made and provided, lhews 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 fame 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 so-m and effect of the condition aforesaid; and that ihe replication aforesaid is uncertain, insufficient, ar.d wants form. TttlX) the aforesaid William 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 fame contained, are good and sufficient in law for the said William to have and maintain the said action of him the said William thereupon

Cavses of demurrer.

[ocr errors]

upon against the said Charles; which said plea, and the matter N° III. therein contained, the said William is ready to verify and prove 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 said 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. 31 nt) Continubecause the justices here will advise themselves of and upon the aDCespremiles 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 CharLs 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 said Charles Long, by their said attorneys. Jslberefure, 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 Replicait seems to the said justices here, that the said plea of the said "^? in" William Burton before in his replication pleaded, and the matter Judgm.-nt therein contained, are not sufficient in law, to have and main- for tke detain the action of the aforesaid William against the aforesaid o"t^tjmi;7 Charles; therefore ft fs COnQoerCD, that the aforesaid William eapiat ftr' take nothing by his .writ aforesaid, but that he and his pledges of *"*'• 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, is'c. 3nD ft id farther COnS&ereO, that the afore- Amercesoid Charles do recover against the aforesaid William eleven pounds ££]?f' and seven shillings, for his costs and charges by him about his defence in this behalf sustained, adjudged by the court here to the said 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.

M m a 3fter

N° III. 35ftcrlUarDo, to wit, on Wednesday next after fifteen dayi '" -' of Easter in this fame term, before the \ord the king, at Wester assigned." minst", comes the aforesaid William Burton, by Peter Manwaring his attorney, and faith, that in the record and process aforesaid, and also in the giving of the judgment in the plaint aforesaid, it is manifestly erred in this; to wit, that the judgment aforesaid was given in form aforesaid for the said Charles Long against the aforesaid William Burton, whereby the law of the land judgment mould have been given for the said William Burton against the said Charles Long: and this he is ready to Writ of &■;- verify. %tllt the said William prays the writ of the said lord har'mon t'le k>nt0 warn tne ^a'^ Charles Long to be before the said lord the king, to hear the record and process aforesaid: and it is granted unto him: by which, the sheriff aforesaid is commanded that by good [and lawful men of his bailiwick] he cause the aforesaid Charles Long to know, that he be before the lord the king from the day of Easter in five weeks, wheresoever [he (hall then be in England,] to hear the record and process aforesaid, if [it (hall have happened that in the same any error shall have intervened;] and farther [to do and receive what the court of the lord the king shall consider in this behalf.] The fame day Sheriffs 's given to the aforesaid William Burton. 3t tDbl'ch l)aj> before retumj the lord the king, at Westminster, comes the aforesaid William njia. ]jUrton, by his attorney aforesaid: and the sheriff returns, that by virtue of the writ aforesaid to him directed he had caused the said Charles Long to know, that he be before the lord the king at the time aforesaid in the said writ contained, by John Den and Richard Fen, good, &c; as by the fame writ was commanded him: which said Charles Long, according to the warning given him in this behalf, here cometh by Thomas Error as- Webb his attorney. KlhcreuiJOn the said William faith, that in tirtfa the record and process aforesaid, and also in the giving of the

judgment aforesaid, it is manifestly erred, alleging the error aforesaid by him in the form aforesaid alleged, and prays, that the judgment aforesaid for the error aforesaid, and others, in the record and process aforesaid being, may be reversed, annulled, and entirely for nothing esteemed, and that the said Charles m:iy rejoin to the errors aforesaid, and that the court of the said

13 Jord

lord the king here may proceed to the examination as well of N° III. the record and process aforesaid, as os the matter aforesaid above' ■■»■■ J for error assigned. 3lno the said Chailcs faith, that neither in Rejoinder; the record and process aforesaid, nor in the giving of the judg- B.r<ftBfc ment aforesaid, in any thing is there erred; and he prays in like manner that the court of the said lord the king here may proceed to the examination as well of the record and process aforesaid, as of the matters aforesaid above for error assigned. 3Jnt) Continubecaatz the court of the lord the king here is not yet advised ance" what judgment to give of and upon the premises, a day is thereof given to the parties aforesaid until the morrow of the holy Trinity, before tmV lord the king, wheresoever he mail then be in England, to hear their judgment of and upon the premises, for that the court of the lord the king here is not yet advised thereof. At which day before the lord the king, at Westminster, come the parties aforesaid by their attorneys aforesaid: C£U;ct£tipon, as well the record and process aforesaid, and the Opinion cs judgment thereupon given, as the matters aforesaid by the said court. William above for error assigned, being seen, and by the court of the lord the king here being fiilly understood, and mature deliberation being thereupon had, for that it appears to the court of the lord the king here, that in the record and process aforesaid, and also in the giving of the judgment aforesaid, it is manifestly erred, therefore it ie confioetco, that the judgment aforesaid, judgment for the error aforesaid, and other6, in the record and process of the "*>• aforesaid, be reversed, annulled, and entirely for nothing es- reverse"' teemed; and that the aforesaid William recover against the afore- Judgment said Charles his debt aforesaid, and also fifty pounds for his damages '£■,'«• which he hath sustained, as well on occasion of the detention of Costs, the said debt, as for his costs and charges unto which he hath been put about his suit in this behalf, to the said William with his consent by the court of the lord the king here adjudged. And Defendant the said Charles in mercy. "amerced.

[ocr errors]
« PreviousContinue »