felf of a plea, that he render to the faid John, and Elizabeth his No bail in this action till after judgment quod computet. 1 Lev. 300. against aì bailiff for an account. of divers CITY OF BRISTOL, . J. M. complains against G. H. Declaration being, &c. in a plea, that he render to the faid J. a reasonable account of the time in which he was bailiff to the faid J. for this, to wit, that whereas the faid G. from the twenty-feventh day of May, in the year of Our Lord 1740, until the first day of October goods and in the year of Our Lord 1743, at the city of Bristol aforefaid, in the merchancounty of the fame city, was the bailiff of the faid J. and during dizes. that time had there the care and administration of divers goods and merchandizes of the faid J. to wit, two hundred and twentytwo grofs of corks and eight cafks of the faid J. of the value of twenty pounds of lawful money of Great Britain, to be merchandized and made profit of for the faid G. to render account for the fame to the faid J. when he fhould be thereunto after required; yet the faid G. although often required, hath not rendered a reafonable accouut for the fame to the faid J. but hath hitherto altogether refufed, and ftill doth refufe fo to do, to the damage of the faid J. of twenty pounds, and therefore he brings his fuit. And the faid G. by J. L. his attorney, comes and defends the wrong and injury when, &c. and fays, that the faid J. ought not to have his faid action against him, because he says, that true it is that he the said G. had the care and administration of the faid goods and merchandizes of the faid J. to be merchandized and made profits of for the faid J. to render a reasonable account for the fame to the faid J. as the faid J. hath in and by his faid declaration above supposed; nevertheless the said G. for plea, fays, that after the delivery of the faid goods and merchandizes to the faid G. for the purpofe aforefaid, and before the said G. could fell or merchandize the faid goods and merchandizes, or any part thereof, or could make any profit thereof for the faid J. to wit, on the tenth day of September 1740 aforesaid, the said goods and merchandizes were cafually destroyed by fire without the neglect or default of the faid G. to wit, at the city of B. aforefaid; and this, &c. wherefore, &c. destroyed by fire. And the faid J. fays, that by reason of any thing in the faid plea of the said G. above alledged, he ought not to be barred from having and maintaining his account aforefaid against him, because he says, that the faid goods and merchandizes were not cafually deftroyed by fire without the neglect or default of the faid G. as by his faid plea he hath above alledged; and this he prays may be enquired of by the country, &c. Declaration fendant as bailiff of her husband of the moiety of pre mifes. YORKSHIRE, D. E. adminiftratrix of all and firby admini- gular the goods and chattels, rights and credits which were of ftratrix a- T. E. her late husband deceased, at the time of his death, who gainst de died inteftate, complains of O. G. being, &c. in a plea, that he render to the said D. his reafonable account from the time that he was bailiff of the faid T. for this, to wit, that whereas the said O. on the twenty- ninth day of September, in the year of Our Lord 1747, at B. in the faid county of York, was bailiff of the faid T. of the moiety of one meffuage called by the name of West Fryer Houfe, and forty acres of land, forty acres of meadow, and forty acres of pafture, with the appurtenances in B. aforefaid, in the faid county of York, which premises the faid O. had, from the faid twenty-ninth of September 1747, to the twenty-ninth of April 1748, and for all the fame time had and received the iffues and profits of the faid moiety of the said meffuage and tenement aforefaid, to render his reafonable account thereof to the faid T. in his life-time, when he fhould be thereunto requested; nevertheless the said O. although often requested, that reasonable account to the faid T. in his life-time, or to the faid D. fince the decease of the faid T. to which faid D. adminiftration of all and fingular the goods, chattels, rights and credits which were of the faid T. at the time of his death, by W. W. doctor of laws, commiffary and keeper general of the exchequer and prerogative court of the moft reverend father in God M. by divine Providence, Lord Archbishop of York, primate of England and metropolitan, to whom the granting of that administration of right did belong, fince the deceafe of the faid T. that is to say, on the fourteenth of October 1749, at B. aforefaid, in due form of law was committed, hath not rendered, but he the faid T. to render fuch reasonable account to the faid T. in his life-time altogether denied, and the same to render to the faid D. ever since the decease of the faid T. hitherto hath altogether denied, and ftill doth deny; whereupon the faid D. fays fhe is injured, and hath damage to the value of twenty pounds, and thereof the brings fuit, &c. And the faid D. brings into court here the letters of administration aforefaid, granted to the faid D. by which it appears to the court here, that the faid D. is adminiftratrix of all and fingular the goods, chattels, rights and credits which were of the faid T. her late husband deceased, at the time of his death, the date whereof is the fame day and year for that purpose mentioned. against de G. B. by D. E. widow, his mother, who is admitted by the Declaratio court of our lord the king here to profecute for the faid G. who by infant, is under the age of twenty-one years, as next friend of the faid by guardian, G. complains against T. G. being, &c. in a plea, that he render fendant as to the faid G. his reafonable account from the time that he bailiff of was bailiff of the faid G. for this, to wit, that whereas the faid moiety of T. on the first day of May 1748, at B. in the county of York, premises. was bailiff of the faid G. of the moiety of one messuage called by the name of Weft Fryer Houfe, and of forty acres of land, forty acres of meadow, and ten acres of pafture, with the appurtenances in B. aforefaid, in the faid county of York, which premises the faid T. had, from the first day of May until the seventh day of June 1780, and for all the fame time had and received the iffues and profits of the faid moiety of the faid meffuage and tenement aforefaid, to render his reasonable account thereof to the faid G. when he fhould be thereto requested; nevertheless the faid T. although often requested, that reasonable account to the faid G. hath not rendered, but the fame to him to render hath hitherto altogether refused, and ftill doth refufe, to the damage of the faid G. of the faid two hundred pounds; and therefore he brings fuit, &c. gainst ano ther, for KENT, James Jefferys v. Richard Hares, &c. in a plea, that Action of he render to him areafonable account for the time that he was bailiff account by of the faid James; for that whereas he the faid defendant for a long one joint time, to wit, from the first day of June, anno Domini 1753, un- tenant atil, &c. at, &c. was proprietor of one undivided moiety and bailiff of the faid plaintiff of the other undivided moiety of a certain mare, money reand during that time had the care and management of the faid ceived by mare, and the letting out to hire of the faid mare for the advan- letting a tage and profit of the faid defendant and plaintiff, to render a rea- hire. Stafonable account thereof to the faid plaintiff when he fhould be tute 4 thereto afterwards requested; yet the faid defendant, although Anne, c. often requested, hath not yet rendered the faid reasonable account 16. §. 27. to the faid plaintiff, but he fo to do hath hitherto wholly refufed, gives this and ftill refufes, to the faid plaintiff his damage of fixty pounds; and therefore he brings fuit, &c, Pledges, &c. mare to action. Vide the fame, and Com. Dig. vol. 1. 96. B. & Co. Rep. 272. GENERAL INDEBITATUS ASSUMPSIT. Declaration in B. R. in an award entered in fpective life times. ON AWARDS. MIDDLESEX, to victament of Mary H. declared, cutors J..executors of the last will and teftament of Mary H. deceafed, comgeneral in plain against Ifabella H. being, &c. for that whereas on the 11th debitatus af. fumpfit by day of June, A. D. 1784, at, &c. aforefaid, divers difputes, executors differences, and controverfies had arisen, and were then and there against an depending between the faid Mary H. in her life-time, and one adminiftra- John Hughes; and thereupon, for the putting an end to the faid difputes, differences, and controverfies, the faid Mary H. in her life-time and the faid John H. on the fame day and year, at, &c. to by testa- aforesaid, fubmitted themselves to ftand to the award, order, artor and in- bitrament, final end and determination of F. W. of, &c. and teftate in R. G. of, &c. arbitrators indifferently named, elected, and chotheir refen, as well on the part and behalf of the faid John H. as of the faid Mary H. to arbitrate, award, order, judge, and determine of and concerning the faid difputes, differences, and controverfies, fo as the award should be made in writing ready to be delivered on or before the 24th day of September then next enfuing; and whereas afterwards, and within the time in that behalf limited for the faid F. W. and R. G. to make their award concerning the premises as aforefaid, to wit, on the faid twenty-fourth day of September, A. D. 1764, the faid F. W. and R. G. in due manner made their award, order, and determination in writing of and concerning the premises fo referred to them as aforefaid, then ready to be delivered to the said Mary H. and John H. and bearing date the day and year laft aforefaid; whereby the faid F. W. and R. G. did then and there amongst other things award and order that the faid John H. his heirs, executors, or adminiftrators, fhould, on or before the 25th of March next enfuing the date of the faid award, well and truly pay, or caufe to be paid unto the faid Mary H. her executors, administrators, or affigns, the fum of nine hundred and eighty-three pounds and two pence halfpenny, with intereft for the fame after the rate of four pounds by the hundred by the year from the day of the date of the faid award; and the faid F. W. and R. G. did then and there by their faid award farther award and order that the faid John H. fhould within the fpace space of one month then next enfuing execute taccounts, reckonviary H. a general release of all actions, fuits, de beginning of the world to ings, and demands what foever the day of the date of the nerein recited bonds of arbitration; H. fhould within the fame time in like and that the faid manne cute to the faid John H. a like general release of all actions, fuits, damages, accounts, reckonings, and demands whatfoever, from the beginning of the world to the day of the date of the faid recited bonds of arbitration; of all which faid premises, he the faid John H. afterwards, to wit, on the twenty-feventh day of September in the year aforefaid, at, &c. aforefaid, had notice: and the faid J. and A. in fact fay, that the faid John H. afterwards, and after the making of the said award, to wit, on the 1st day of October, A. D. 1765, at, &c. aforefaid, died inteftate, poffeffed of and entitled unto divers goods, chattels, and effects of great value, to wit, of the value of three thousand pounds: and the faid J. and A. further fay, that adminiftration of all and fingular the goods, chattels, and credits, which were the goods, chattels, and credits of the faid John H. at the time of his death, after the death of the faid John Hughes, to wit, on, &c. at &c. aforefaid, by F. by divine Providence archbishop of Canterbury, primate of all England and metropolitan, was in due manner committed to the faid Ifabella, to wit, at, &c. aforefaid; and by virtue thereof the the faid Ifabella, to wit, on the day and year laft aforefaid, at, &c. aforefaid, became and was poffeffed of divers goods and chattels, which were the goods and chattels of the faid John H. at the time of his death and the faid J. and A. further fay, that the faid Mary H. afterwards, to wit, on, &c. at &c. aforefaid, made her last will and testament in writing, and thereby conftituted and appointed them the faid J. and A. executors thereof; and afterwards, to wit, on the day and year laft aforefaid, at, &c. aforefaid, died: and the faid J. and A. further fay, that the faid fum of nine hundred and eighty-three pounds and twopence halfpenny, in the faid award mentioned, at the time of the death of the faid Mary H. was wholly due and owing and unpaid to the faid Mary H.: y reafon of which premises the faid Isabella as administratrix as aforefaid, became liable to pay to the faid J. and A. as executors as aforefaid, the faid fum of nine hundred and eighty three pounds. and twopence halfpenny, in the faid award mentioned, together with intereft for the fame from the day of the date of the faid award after the rate of four pounds per cent per annum; and being fo liable, fhe the faid Ifabella in confideration thereof, afterwards, to wit, on the day and year laft aforefaid, at, &c. aforefaid, undertook, and faithfully promifed the faid J. and A. to pay them the faid fum of money in the faid award mentioned, together with intereft for the fame as aforefaid, when the the faid Ifabella fhould be thereto afterwards requested. And whereas the faid Isabella, 2d count as adminiftratrix of the faid John H. as aforefaid, afterwards, to more genewit, on the 11th day of June, A. D. 1772, at, &c. aforefaid, was indebted ral. |