ATTOR- Declara tion by an In the Common Pleas. Michaelmas Term, 1 Will. 4. (to wit.) C. D. was attached by his Majesty's writ of privilege issuattorney ing out of his said Majesty's Court of the Bench here, to answer unto A. B. of C. P.(h) gentleman, one of the attornies of the same court, according to the liberties and privileges of the same court, for such attornies, and other officers of the same court, from time immemorial used and approved of therein, of a plea of trespass on the case (or as the plea is); and thereupon the said A. B. in his own person, complains, whereas, &c. (Conclude as usual.) Pledges, &c. [ *31] *In the Common Pleas. Bill Michaelmas Term, 1 Will. 4. To the Justices of our Lord the King of the Bench. (to wit.) A. B. by E. F. his attorney, complains of C. D. gentleman, against an one of the attorneys of his Majesty's Court of the Bench here, present here in attorney court in his own person, of a plea of trespass on the case, &c. (or as the plea is). For that whereas, &c. (Conclude as in K. B. 1 Rich. C. P. 262. Andr. Rep. 247.) of C. P. (i) Declara tion thereon after appear. ance. In the Common Pleas. Michaelmas Term, 1 Will. 4. next after (to wit.) Be it remembered, That on in this same Term, A. B. came into his Majesty's Court of the Bench here, by E. F. his attorney, and brought into the same court here his certain bill against C. D. gentleman, one of the attornies of his said Majesty's Court of the Bench here, present here in court, in his own person, of a plea of trespass on the case (as the plea is); and there are pledges for the prosecution thereof, to wit, John Doe and Richard Roe; which said bill follows in these words, that is to say, To the justices of our lord the king of the Bench, to wit, A. B. his attorney, complains of C. D. (to the end of the bill.) by INFANTS. Declara infant in Ellenborough. INFANTS. Michaelmas Term, 1 Will. 4. -(to wit.) A. B. by E. F. who is admitted by the court of our lord the now tion by an king, before the king himself, here to prosecute for the said A. B. who is an K. B. (j) infant within the age of twenty-one years, as the next friend of the said A. B. complains of C. D. being, &c.- -[2 Saund. 117 f. Tidd's Prac. 9th edit. 99.] In the Common Pleas. Declara Michaelmas Term, 1 Will. 4. (to wit.) C. D. was attached to answer A. B. of a plea of trespass on tion by an the case (as the plea is), and *thereupon the said A. B. by E. F. who is adinfant in mitted by the court of our lord the king C. P. of the bench here, to prosecute for the 264.-Plead. Assist. 305. It seems a Ser- said A. B. who is an infant within the age of twenty-one years, as the next INFANTS, friend of the said A. B. complains that, Whereas, &c. ASSIGNEES OF BANKRUPTS, &c. Ellenborough. ASSIGN- Michaelmas Term, 1 Will. 4. (to wit.) A. B. and C. D. assignees of the estate and effects of E. F. a bankrupt, according to the Statute (k) in force concerning bankrupts, complain of G. H. being, &c. (as ante, 12.) For that whereas, &c. (See forms post, 97.) (to wit.) E. F. was attached to answer A. and B. assignees of the estate and effects of C. D. a bankrupt, according to the Statute in force concerning bankrupts, of a plea of trespass on the case (as the plea is); and thereupon the said A. and B. assignees as aforesaid, by G. H. their attorney, complain that, Whereas, &c. (See form, post, 97.) (to wit.) A. B. and C. (the said B. and C. being assignees of the estate and effects of E. F. a bankrupt, according, &c. as above) complain, &c. (See form, post, 101.) By assig nees of two or more (to wit.) A. B. and C. D. assignees of the estate and effects of I. K. a bankrupt, under and by virtue of a commission of bankruptcy duly issued and awarded against the said I. K. and E. F. and G. H. assignees of the estate and effects of L. M. a bankrupt, under and by virtue of a commission of bankbankruptcy duly issued and awarded against the said L. M. according to the Statute in force concerning bankrupts, complain of O. P. being in the custody, &c. For that whereas, &c. rupts, unral commissions, to recover a debt due der seve to the joint estate (1). By the assignees of an insolvent debt (to wit.) A. B. assignee of the debts, estate, and effects of C. D., heretofore an insolvent debtor, and duly discharged from imprisonment according to the force, form, and effect of an act of parliament made at Westminster, in the 7th year of the reign of his late Majesty King George the Fourth, intituled, "An Act to amend and consolidate the laws for the relief of insolvent or (m). debtors in England," according to the force, form, and effect of the said act, complains of E. F. being, &c. (if in C. P. or Exchequer, alter the commence (k) The Statute now in force is the 6 Geo. 4. c. 16. See forms, Morg. Prec. 453. Plead. Assist. 311.-2 Rich. C. P. 80, 93.-Lil. Ent. 41. As to how assignees sue when there are different commissions, &c. see ante, vol. i. 16. The trustee or assignee of a bankrupt under the Scotch Sequestration Acts, has no power to sue in this country on a chose in action.-4 D. & R. 669.-6 M. & S. 126. (1) See ante, vol. i. 16.-2 J. B. Moore, 3. (1) See, as to what is a sufficient averment of the plaintiffs' title to sue as assignees, Fletcher et al. v. Pogson et al. 5 Dow. and Ryl. 1. } ASSIGN ELS. By the assignee of an insolvent, after the remo. val of the ment accordingly.) For that whereas, heretofore, and before the said C. D. subscribed his petition for his discharge from imprisonment, according to the provisions of the said statute, to wit, on, &c. at, &c. (See the forms in assumpsit, post, 101; and in trover, post, 838.) (to wit.) R. B. assignee of the remaining debts, estate, and effects of T. A. an insolvent debtor, and duly discharged from imprisonment in pursuance of an act of parliament made at Westminster, in the 7th year of the reign of his late Majesty King George the Fourth, intituled "An Act to amend and first assig- consolidate the laws for the relief of insolvent debtors in England," the said nee by the R. B. having heretofore been appointed an assignee of the debts, estate, and Insolvent Court. effects of the said T. A. remaining unsettled, undisposed of, and not applied by one A. N. before then assignee of the debts, estate, and effects of the said T. A. the said A. N. having before then been, under and by virtue of the said act of parliament, removed from such trust and office as assignee as aforesaid, complains of R. S. &c. (Proceed as usual as in other actions at the suit of assignees, as post, 101.) Conclu sion in K. B. by assignee of a bankrupt or insolvent. The like in C.P. To the damage of the said plaintiff, as assignee as aforesaid, of £- and therefore he brings his suit, &c. Pledges, &c. Whereof the said plaintiff saith, that as assignee as aforesaid he is injured, and hath as such assignee sustained damage to the amount of £— and therefore he brings his suit, &c. [*34] EXECUTORS AND ADMINIS TRATORS. Beginning an execu *BY AND AGAINST EXECUTORS AND ADMINISTRATORS. Ellenborough. Michaelmas Term, 1 Will. 4. (to wit.) A. B. executor of the last will and testament of E. F. deof a decla- ceased, complains of C. D. executor of the last will and testament of G. H. ration by deceased, being in the custody, &c. (Ante, 12. See 1 Saund. 112, n. 1, 2. The form is the same against an executor de son tort, 1 Saund. 265. In debt, whether by or against an executor or administrator, omit the words "owes to and." See ante, 13.) tor against an execu tor in K. B. (n). The like in By the ex (to wit.) C. D. executor of the last will and testament of G. H. deceased, was attached (or, "summoned") to answer A. B. executor of the last will and testament of E. F. deceased, of a plea of trespass on the case (or as the plea is ;) and thereupon the said A. B. executor as aforesaid, by G. H. his attorney, complains that, Whereas, &c. (to wit.) A. B. executor of the last will and testament of E. F. deecutor of ceased, which said E. F. in his life-time and at the time of his death was executor of the last will and testament of G. H. deceased, complains, &c. an execu tor. (n) See forms, 2 Rich. C. P. 142.-Plead. A. 9. 346.-Lil. Ent 26, 7. 50. See a form, post, 104. See a form, post, 105. See a form, post, 106. (to wit.) A. B. administrator of all and singular the goods, chattels, and credits which were of E. F. deceased, at the time of his death, who died intestate, complains of C. D. administrator of all and singular the goods, chattels, and credits which were of G. H. deceased, at the time of his death, who died intestate, being in the custody, &c. (Ante, 12. See forms, post, 109, &c.) By a surviv ing execu. tor. By husband and wife, executrix. Against an executor. By an administra tor against an administrator in K. B. (0). [*35] By an ad (to wit.) C. D. administrator, &c. (as ante, 34.) was attached (or in debt or covenant "summoned") to answer unto A. B. administrator, &c. of ministraa plea, &c. tor against an administrator in C. P. By an administra tor de bowith will nis non (to wit.) A. B. administrator (with the last will and testament of G. C. deceased, annexed) of all and singular the goods and chattels, rights and credits, which were of the said G. C. deceased, at the time of his death left unadministered by W. B. and E. S. in their life-time, now respectively deceased, and which said W. B. and E. S. in their life-time, and at their deaths, annexed. were the executors of the said last will and testament of the said G. C. deceased, complains of G. H. being in the custody, &c. (See form, post, 111.) See a form, post, 110. See a form, post, 111. By an administrator durante minore ætate. By a survi ving administrator. By an ad trator limthe origi ited until nal will, or a copy thereof, be into the Archbish (to wit.) A. B. administrator of all and singular the goods and chattels and credits of E. F. deceased, limited until the original will and testament of adminis the said deceased, or an attested copy thereof, should be brought into and left in the Registry of the Court of the Registry of the Archbishop of Canterbury, Primate of all England, and Metropolitan, and letters of administration to the same annexed, of all and singular the goods and chattels and credits of the deceased, should be applied for and granted by the same court, but no further brought or otherwise, or in any other manner, complains, &c. For that whereas, &c. (as usual in other actions at the suit of an administrator, see forms, post, 109.) op's Court. Yet, &c. (as post, 35 a) nor to the said plaintiff after the death of the said E. F. (to which said plaintiff, after the death of the said E. F. to wit, on, &c. at, &c. administration of all and singular the goods, chattels, and credits, which were of the said C. D. at the time of his death, limited until the original, &c. (as above) by was granted. To the damage of the said plaintiff as ad- Profert. ministrator as aforesaid, and therefore he brings his suit, &c. with this, that the original last will and testament of the said deceased, or any authentic or other copy thereof, hath not yet been brought into or left in the Registry of the (0) See a precedent, Plead. A. 369, &c. EXECU TORS AND Court of the Archbishop of Canterbury, and letters of administration, with the same annexed, of all and singular the goods, chattels, and credits of the said TRATORS. deceased, been applied for or granted by the same court, and the said letters of administration are now in full force and effect. Against an administrator de bonis non with will annexed. See a form, post, 113. And the said A. B. brings into court here the letters testamentary of the said Profert by E. F. deceased, whereby it fully appears to the said court here, that the said an execu- A. B. is executor of the last will and testament of the said E. F. deceased, or in K. and hath the execution thereof, &c. B. (p). Profert by the executor of an executor (q). Profert by a surviving executor. Conclu administrator in K. B. (r). And the said A. B. brings into court here as well the letters testamentary of the said E. F. deceased as the letters testamentary of the said G. H. deceased, whereby it fully appears to the said court here that the said E. F. in his life-time was executor of the last will and testament of the said G. H. deceased, and that the said A. B. is executor of the last will and testament of the said E. F. deceased, and hath the execution of the last wills and testaments of the said E. F. and G. H. respectively, &c. See a form, post, 105. (To the end of all the counts in the declaration.)-Yet the said defendant sion of a not regarding his said promises and undertakings, but contriving and intenddeclaraing to deceive and defraud the said E. F. in his life-time, and the said plaintion by an tiff as administrator as aforesaid, after the death of the said E. F. to which said plaintiff after the death of the said E. F. to wit, on, &c. (date of grant) at, &c. (venue) aforesaid, administration of all and singular the goods, chattels, and credits, which were of the said E. F. deceased, at the time of his death, who died intestate, by (christian name of the archbishop, &c.) by Divine Providence, Archbishop of Canterbury, Primate of all England, and [*36] Metropolitan (s), in due *form of law was granted), in this behalf, hath not as yet paid the said sums of money, or any part thereof, to the said E. F. in his life-time, or to the said plaintiff, since the death of the said E. F. (although often requested so to do ;) but he so to do hath hitherto wholly refused, and still refuses to pay the same, or any part thereof, to the said plaintiff, to the damage of the said plaintiff as administrator as aforesaid of; and therefore he brings his suit, &c. (Add a profert to the letters of administration, as next form.) Profert by an admin (To the end of the declaration to the word "suit," &c. ut supra). And istrator in the said plaintiff brings into court here the letters of administration of the K. B. (p) This profert is not necessary until declaration. (9) See forms, Co. Ent. 1. b.-Lil. Ent. 165, 6, (r) See forms, Lil. Ent. 165, 166, 399; and as to administration by a diocese, Com. Rep. 17. (s) This is to be taken from the grant of the administration. If the administration was granted by the vicar-general and official principal of a bishop, instead of the words in italics, say "by A. B. vicar-general and official principal of the Lord Bishop of Chester." |