him, &c. And for further plea in this behalf, by leave of the court here for this purpofe firft had and obtained, according to the form of the ftatute in fuch cafe made and provided, the faid Jofeph fays, that the faid John and Elizabeth ought not to have annum. or maintain their aforefaid action thereof against him, because he That amoiety of fays, that a moiety or half part of the said leafe in the faid agree- leafe hath not ment mentioned, to commence from and after the twenty-ninth been affigned. day of September then next enfuing the date of the faid agreement, hath not any time hitherto been made or affigned by the faid John and Elizabeth, or either of them, to the faid Jofeph; and this he is ready to verify: wherefore he prays judgment if the faid John and Elizabeth ought to have or maintain their aforefaid action thereof against him: And for further plea in this behalf, That defen. by leave of the court here for this purpose first had and obtained, dant was drawn in by plaintiffs, according to the form of the ftatute in fuch cafe made and provid- who falfely re ed, the faid Jofeph fays, that the faid John and Elizabeth ought prefented trade not to have or maintain their aforefaid action thereof against him, to nett Sool. per because he fays, that before the execution of the faid agreement in the faid declaration mentioned, to wit, on the fourth day of Auguft, in the year of Our Lord 1792, at London aforefaid, in the parith and ward aforetaid, the faid Elizabeth falfely and fraudulently reprefented to the faid Jofeph, that her faid trade or bufinefs of a printfeller, carver, and gilder, in the said declaration mentioned, netted the clear annual fum of eight hundred pounds, and was capable of being confiderably increafed, in order to induce the faid Jofeph to enter into and execute the faid agreement in the faid declaration mentioned: And the faid Jofeph further faith, that by means of fuch falfe and fraudulent reprefentations, to wit, on the fixth day of Auguft in the year aforesaid, at London aforesaid, in the parish and ward aforefaid, he the faid Jofeph was fraudulently drawn in and induced to execute the faid agreement in the faid declaration mentioned, and for no other cause whatsoever, when in truth and in fact the said trade or business in the faid declaration mentioned never did nett the clear annual fum of eight hundred pounds, wherefore the faid Jofeph fays, that the faid agreement is void and of none effect; and this he is ready to verify wherefore he prays judgment if the faid John and Elizabeth ought to have or maintain their aforefaid action thereof against him, &c. G. WOOD. And the faid John and Elizabeth, as to the plea of the faid General demurJofeph firft above pleaded in bar, fay, that the faid plea and the rer. matters therein contained, are not fufficient in law to bar the faid John and Elizabeth from having and maintaining their aforefaid action thereof against the said Jofeph; to which faid plea, in manner and form as the fame is above made and fet forth, they the faid John and Elizabeth are not under the neceffity, or in any wife bound by the laws of this realm to anfwer; and this they are ready to verify wherefore, for want of a fufficient plea in this behalf, they the faid John and Elizabeth pray judgment and their damages Joinder in de muirer. damages on occafion of the premises, to be adjudged to them, &c. And the faid Jofeph fays, that the plea aforefaid by him the faid Jofeph, in manner and form aforesaid first above pleaded, and the matters in the fame contained, are good and fufficient in law to bar them the faid John and Elizabeth from having and maintaining their actions aforefaid thereof against him the faid Jofeph; which faid plea, and the matter therein contained, the said Joseph is ready to verify, and prove as the court, &c.; and because the faid John and Elizabeth do not answer to that plea, nor the fame hitherto deny the faid Jofeph as before, prays judgment, and that the faid John and Elizabeth may be barred from having and maintaining their action aforefaid thereof against him the faid Jofeph : And the faid Jofeph fays, that the plea aforefaid by him the faid Jofeph in manner and form aforefaid fecondly above pleaded, and the matters in the fame contained, are good and fufficient in law to bar them the faid John and Elizabeth from having and maintaining their action aforefaid thereof against him the said Joseph; which faid laft-mentioned plea, and the matters therein contained, the faid Jofeph is ready to verify and prove as the court, &c.; and because the faid John and Elizabeth do not answer to that plea, nor the fame hitherto deny the fame Jofeph as before, prays judgment, and that the faid John and Elizabeth may be barred from having and maintaining their action aforefaid thereof against him the said Jofeph, &c. Iffue on third plea. G. WOOD. Judgment on demurrer for plaintiff. Eafter Easter Term, in the twenty-fixth year of the reign of king George the Third. ment by co of their trade. MIDDLESEX, to wit. Richard Greenwood complains of Declaration on James Crookfhanks being in the cuftody of the marfhal of the articles of agreemarshalsea of our fovereign lord the now king, before the king partners in trade himself, of a plea of covenant broken: for that whereas by articles (pawnbrokers), of agreement made, concluded, and agreed upon the twenty-firft for the better fuday of July, in the year of Our Lord 1783, at the parish of St. ture regulation Mary-le-bone, in the county of Middlefex, between the faid Richard Greenwood, by the name and description of Richard Greenwood, of Bird-ftreet, Oxford-street, in the parish of St. Mary-le-bone, in the county of Middlefex, pawnbroker, of the one part; and the faid James Crookfhanks, by the name and defcription of James Crookfhanks, of the fame place, parish, and county aforefaid, pawnbroker, of the other part (which faid agreement, fealed with the feal of the faid James, the faid Richard now brings here into court, the date whereof is the fame day and year aforefaid); it was thereby witneffed that whereas they the faid Richard Greenwood and James Crookfhanks had used, exercised, and carried on the trade or bufinefs of pawnbrokers for several years then laft paft; and for the better understanding each others intentions in a more clear and better way and manner in future, it was agreed by and between the faid parties that, in future, neither of the faid parties fhould, if in town, be abfent from their faid bufinefs, and of attending their fhop on any Saturday evening from four until twelve, under the penalty or forfeiture of the fum of two pounds two fhillings, fuch forfeitures to be demanded by the party at home of and from the party so abfenting himself; and the faid parties did by the faid agreement agree to pay the fame, and all other forfeitures therein mentioned and contained, let who would be the defaulter; and it was thereby further agreed by and between the faid parties, that each party should, when defirous of being abfent for any space of time exceeding one day from their faid business, give the other party proper notice thereof, at least one day, of his intentions, and have the consent of the other before he should be at liberty to leave the faid fhop and bufinefs, under the forfeiture of five fhillings; and further, that one or both of the faid parties fhould and would attend to see the faid fhop opened from March the twenty-fifth to September the twenty-ninth in every year at fix o'clock every morning, (Sundays excepted) under the penalty of ten fhillings for each omiffion, and under the like penalty from the twenty-ninth of September to the twenty-fifth of March in every year, to see the said shop opened and fit for the difpatch of bufinefs at eight o'clock in the morning; and that each party fhould take his alternate turn with the other each and every day with refpect to going out or being abfent from the faid fhop and business; and that if the party whofe turn it was to attend fhould absent himself without the confent of the other, on fuch day or time, he should forfeit for each offence the penalty of ten fhillings; and further, that if either of the faid parties whofe turn it was to attend fhould abfent himself from the time of opening the fhop to 4 fhutting ift Breach. fhutting it during the whole day from the faid premifes, the time or fpace of fifteen minutes, except fuch party was necellarily obliged to be abfent by being fummoned before any magiftrate, or to provide for the family in eating or drinking, the defaulter fhould in that cafe (except as was therein excepted), forfeit to the other party for each offence the fum of ten fhillings; and it was also agreed by and between the faid parties, that the time of clofing the fhop bufinefs fhould, during the fummer fix months (that is to fay), from March to September in every year the shop fhould, with the aforefaid exception, be fhut every evening at nine of the clock; and that neither of the faid parties fhould make any journey into the country, or elsewhere, without giving the other party due notice what time he should return, and that fuch party not returning within two days from the time he appointed to return, unless hindered by illness, or fome unforeseen accident, fhould forfeit to the other for every breach of offence the fum of one pound one fhilling; and lafily, it was agreed by and between the faid parties, that if either party made default in not setting down on a flate, or book kept for that purpose, any fum or fums of money, goods, or wearing apparel, or any thing or things taken from or out of the faid premifes by either of the faid parties, or by their means, confent, or privity, or if either of them fhould at various times draw from, or take from out of the faid shop or premises, or from the box or till in the faid fhop any money or things, that on proof of any fuch things or money being taken away or drawn, the party taking away any fuch things, or caufing the fame to be taken or drawn away, and should make fuch default in fetting down the fame, or fhould not duly account for the fame, or for goods bought for the ufe of the faid business, shall forfeit to the other the fum of three guineas for every fuch neglect or default; and for the due performance and fatisfaction of the faid agreement, each of the faid parties did thereby for himself, his executors, and adminiftrators, covenant and agree with the other, his executors, and administrators, well and truly to obferve and perform all the agreements therein mentioned; and in default of any one article well and truly to pay fuch penalty, forfeiture, fum and fums of money to the other, as in and by the faid agreement is mentioned and expreffed to be paid by the defaulter; as by the faid articles of agreement, reference being thereto had, amongst other things, will more fully and at large appear: And although the faid Richard hath well and truly performed and fulfilled ail and fingular the covenants and agreements in the faid articles of agreement mentioned, on his part and behalf to be done and performed; yet protesting that the faid James Crookfhanks hath not performed and fulfilled any thing in the faid articles of agreement mentioned, on his part and behalf to be done and performed, in fact the faid Richard fays, that after the making of the faid articles, and whilst the said Richard and James ufed, exercifed, and carried on the faid trade or bufinefs of pawnbrokers, to wit, on the twentieth day of August, in the year of Our Lord 1784, at the parish of St. Mary-le-bone aforefaid, in the county aforefaid, the faid James took from out of the faid fhop and premifes, in the faid articles of agreement mentioned, where the faid Richard and James fo ufed, exercifed, and carried on their faid business, a certain hat, to wit, of the value of five fhillings, being part of the goods belonging to and in the cuftody of the faid Richard and James, as co-partners in the faid trade or business as aforefaid, and did not fet down the fame upon a flate or book kept for that purpose, nor did duly account for the fame, according to the form and effect of the faid articles of agreement; but on the contrary thereof, the faid James made default in fetting down the fame as aforefaid, and did not duly account for the fame as aforefaid, contrary to the force, form, and effect of the faid articles of agreement, whereby the faid James forfeited and became liable to pay to the faid Richard the fum of three pounds three fhillings for fuch neglect or default: And the faid Kichard further fays, that 2d Breach. after the making of the faid articles, and whilft the faid Richard and James ufed, exercised, and carried on the faid trade or bufinefs of pawnbrokers, to wit, on the fourteenth day of October, in the faid year of Our Lord 1784, at the parish of St. Mary-lebone aforefaid, in the county aforefaid, the faid James took from out of the faid fhop and premifes in the faid articles of agreement mentioned, where the faid Richard and James fo ufed, exercised, and carried on their faid bufinefs, certain plates, to wit, twelve pewter plates, to wit, of the value of fix thillings, being part of the goods belonging to and in the cuftody of the faid Richard and James as co-partners in the faid trade or bufine fs as aforefaid, and did not fet down the fame upon a flate or book kept for that pur pole, nor did duly account for the fame according to the form and effect of the faid articles of agreement, but on the contrary thereof, the faid James made default in setting down the fame as aforefaid, and did not duly account for the fame as aforefaid, contrary to the force, form, and effect of the faid articles of agreement; whereby the faid James forfeited and became liable to pay to the faid Richard the further fum of three pounds and three fhillings for fuch neglect or default: And the faid Richard further fays, that after the making of the faid articles, and whilft the faid Richard and James ufed, exercifed, and carried on the faid trade or bufinefs of pawnbrokers, to wit, on the faid fourteenth day of October, in the faid year of Our Lord 1784, at the parish of St. Maryle-bone aforefaid, in the county aforefaid, the faid James took from out of the faid fhop and premifes in the faid articles of agreement mentioned, where the faid Richard and James fo used, exercised, and carried on their faid bufinefs, a certain metal fnuff box, to wit, of the value of three fhillings, being part of the goods belonging to and in the cuftody of the faid Richard and Janes, as co-partners in the faid trade or bufinefs as aforefaid, and did not fet down the fame upon a flate or book kept for that purpose, nor did duly account for the fame according to the form and effect of 3d Breach. the |