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ICO) care made and Piovu who falsely re.

him, &c. : And for further plea in this behalf, by leave of the court here for this purpose firft had and obtained, according to the form of the statute in such cafe made and provided, the said Jofeph says, that the said John and Elizabeth ought not to have or maintain their aforesaid action thereof against him, because he That amoiety of fays, that a moiety or halt part of the said lease in the said agree- lease hath not ment mentioned, to commence from and after the twenty-ninch been assigned. day of September then next ensuing the date of the said agreement, hath not any time hitherto been made or assigned by the said John and Elizabeth, or either of them, to the said Joseph ; and this he is ready to verify: wherefore he prays judgment if the faid John and Elizabeth ought to have or maintain their aforesaid 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 according to the form of the statute in such case made and provid." by plaintiffs, ed, the said Joseph says, that the said John and Elizabeth ought presented trade not to have or maintain their aforesaid action thereof against him, to nett 800l. per because he says, that before the execution of the said agreement annum. in the said declaration mentioned, to wit, on the fourth day of August, in the year of Our Lord 1792, at London aforesaid, in the parilh and ward aforelaid, the said Elizabeth falsely and fraudulently represented to the said Jofeph, that her said trade or buli. ness of a printseller, carver, and gilder, in the said declaration mentioned, netted the clear annual sum of eight hundred pounds, and was capable of being considerably increased, in order to induce the laid Joseph to enter into and execute the said agreeinent in the said declaration mentioned: And the said Joseph further faith, that by means of such false and fraudulent representations, to wit, on the sixth day of August in the year aforesaid, at Lon. don aforesaid, in the parish and ward aforesaid, he the said Joseph was fraudulently drawn in and induced to execute the said agree. ment in the said declaration mentioned, and for no other cause whatsoever, when in truth and in fact the said trade or business in the said declaration mentioned never did nett the clear annual sum of eight hundred pounds, wherefore the said Jofeph fays, that the said agreement is void and of none effect; and this he is ready to verify : wherefore he prays judgment if the said John and Elie zabeth ought to have or maintain their aforesaid action thereof against him, &c.

G. Wood.

And the said John and Elizabeth, as to the plea of the said General demur. Joseph fiift above pleaded in bar, say, that the said 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 same is above made and set forth, they the faid John and Elizabeth are not under the neceflity, or in any wise bound by the laws of this realm to answer; and this they are Teady to verify : wherefore, for want of a fufficient plea in this behalf, they the said John and Elizabeth pray judgment and their

damages

damages on occasion of the premises, to be adjudged to them, &c. and the said John and Elizabeth, as to the plea of the said Joseph by him secondly above pleaded in bar, say, that the said plea and the matters therein contained are not sufficient in law to bar the said John and Elizabeth from having and maintaining their aforesaid action thereof against the said Joseph, to which said second plea, in manner and form as the same is above made and set forth, they the said John and Elizabeth are not under the necessity, or in any wise bound by the law of the realm to answer; and this they are also ready to verify : wherefore, for want of a sufficient plea in this behalf, they the said John and Elizabeth pray judgment and their damages on occasion of the premises to be adjudged to them, &c.; and the said John and Elizabeth, as to the plea of the said Joseph lastly above pleaded in bar, say, that by reason of any thing in that plea contained, they the said John and Elizabeth ought not to be barred from having and maintaining their aforesaid action against the said Joseph, because they say, that the said Elizabeth did not make such representation to the said Jofeph as the said Joseph hath above in his said laft plea alledged; and this the said John and Elizabeth prays may be enquired of by the country, &c. &c.

P. DAUNCEY.

murrer.

Joinder in de- And the said Joseph says, that the plea aforesaid by him the

said Joseph, in manner and form aforesaid first above pleaded, and the matters in the same contained, are good and sufficient in law to bar them the said John and Elizabeth from having and maintaining their actions aforesaid thereof against him the said Joseph ; which said 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 same hitherto deny the said Joseph as before, prays judgment, and that the said John and Elizabeth may be barred from having and maintaining their action aforesaid thereof against him the laid Joseph : And the said Joseph says, that the plea aforesaid by him the said Joseph in manner and form aforesaid secondly above pleaded, and the matters in the same contained, are good and sufficient in law to bar them the said John and Elizabeth from having and maintaining their action aforesaid thereof against him the said Joseph ; which said last-mentioned plea, and the matters therein contained, the said Joseph is ready to verify and prove as the court, &c.; and because the said John and Elizabeth do not answer to that plea, nor the fame hitherto deny the same Joseph as before, prays judgment, and that the said John and Elizabeth may be barred from having and maintaining their action aforesaid thereof against him the said Joseph, &c. Issue on third plea.

G. W00D.

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Easter Term, in the twenty-sixth year of the reign of 'king

George the Third. MIDDLESEX, to wit. Richard Greenwood complains of Declaration on James Crookfhanks being in the custody of the marshal of the

articles of agree

le ment by comarshalsea of our sovereign 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-first 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 Middlesex, between the said “ Richard Greenwood, by the name and description of Richard G reenwood, of Bird-street, Oxford-street, in the parish of St. Mary-le-bone, in the county of Middlesex, pawnbroker, of the one part; and the said James Crooksbanks, by the name and description of James Crookshanks, of the same place, parish, and county aforesaid, pawnbroker, of the other part (which faid agreement, sealed with the seal of the said James, the said Richard now brings here into court, the date whereof is the same day and year aforesaid); it was thereby witnessed that whereas they the said Richard Greenwood and James Crookshanks had used, exercised, and carried on the trade or business of pawnbrokers for several years then last past ; 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 said parties tliat, in future, neither of the said parties should, if in town, be absent from their faid business, and of attending their shop on any Saturday evening from four until twelve, under the penalty or forfeiture of the sum of two pounds two shillings, such forfeitures to be demanded by the party at home of and from the party so absenting himself; and the said parties did by the said agreement agree to pay the same, 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 Mould, when desirous of being ablent 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 said shop and business, under the forfeiture of five shillings; and further, that one or both of the said parties Thould and would attend to see the said shop 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 shillings for each omission, 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 dispatch of business at eight o'clock in the morning; and that each party should take his alternate turn with the other each and every day with respect to going out or being absent from the said shop and business; and that if the party whose turn it was to attend inouid absent himself without the consent of the other, on such day or time, he should forfeit for each offence the penaliy of ten Ihillings; and further, that if either of the said parties whole turn it was to attend should absent himself from the time of opening the shop to

shutting

4

mily in eatin moned before party was premises, the t'in

fhutting it during the whole day from the said premises, the time or space of fifteen minutes, except such party was neceflarily obliged to be absent by being fummoned before any magistrate, or to provide for the family in eating or drinking, the defaulter should in that case (except as was therein excrpted), forfeit to the other party for each offence the sum of ten shillings; and it was also agreed by and between the said parties, that the time of closing the shop business should, during the summer fix months (that is to far), from March to September in every year the shop should, with the aforesaid exception, be shut every evening at nine of the clock ; and that neither of the faid parties should make any journey into the country, or ellewhere, without giving the other party due notice what cime he should return, and that such party not returning within two days from the time he appointed to return, unless hindered by illness, or some unforeseen accident, should forfeit to the other for every breach of offence the sum of one pound one fhilling; and lastly, it was agreed by and between the said parties, that if either party made default in not setting down on a nate, or book kept for that purpose, any sum or sums of money, goods, or wearing ap. parel, or any thing or things taken from or out of the said premises by either of the said parties, or by their means, confent, or privity, or if either of them should at various times draw from, or take from out of the said shop or premises, or from the box or till in the said shop any money or things, that on proof of any such things or money being taken away or drawn, the party taking away any such things, or causing the same to be taken or drawn away, and should make such default in setting down the same, or should not duly account for the fame, or for goods bought for the use of the said business, shall forfeit to the other the sum of three guineas for every such neglect or default ; and for the due performance and satisfaction of the said agreement, each of the laid parties did thereby for himself, his executors, and administrators, covenant and agree with the other, his executors, and administrators, well and truly to observe and perform all the agreements therein mentioned ; and in default of any one article well and truly to pay such penalty, forfeiture, sum and sums of money to the other, as in and by the said agreement is mentioned and expressed to be paid by the defaulter; as by the said articles of agreement, reference being thereto had, amongst other things, will more fully and at large appear: And although the said Richard hath well and truly performed and fulfilled ail and singular the covenants and agree. ments in the said articles of agreement mentioned, on his part and behalf to be done and performed; yet protesting that the said James Crookshanks hath not performed and fulfilled any thing in the said articles of agreement mentioned, on his part and behalf to be done and performed, in fact the said Richard says, that after the making of the said articles, and whilst the said Richard and James used, exercised, and carried on the said trade or business of pawnbrokers, to wit, on the twentieth day of August, in the year

ift Breach.

ar

of Our Lord 1784, at the parish of St. Mary-le-bone aforesaid, in the county aforesaid, the said James took from out of the said shop and premises, in the said articles of agreement mentioned, where the said Richard and James so used, exercised, and carried on their said business, a certain hat, to wit, of the value of five shillings, being part of the goods belonging to and in the custody of the said Richard and James, as co-partners in the said trade or business as aforesaid, and did not set down the same upon a Nate or book kept for that purpose, nor did duly account for the same, according to the form and effect of the said articles of agreement; but on the contrary thereof, the faid James made default in setting down the same as aforesaid, and did not duly account for the same as aforesaid, contrary to the force, form, and effect of the said articles of agreement, whereby the said James forfeited and became liable to pay to the said Richard the sum of three pounds three shillings for such neglect or default: And the faid kichard further says, that ad Breach. after the making of the said articles, and whilst the said Richard and James used, exercised, and carried on the said trade or business of pawnbrokers, to wit, on the fourteenth day of O&tober, in the said year of Our Lord 1784, at the parish of St. Mary-lebone aforesaid, in the county aforesaid, the said James took from out of the said shop and premises in the said articles of agreement mentioned, where the said Richard and James so used, exercised, and carried on their faid business, certain plates, to wit, twelve pewter plates, to wit, of the value of sıy. Thillings, being part of the goods belonging to and in the custody of the said Richard and James as co-partners in the said trade or business as aforesaid, and did not let down the same upon a flate or book kept for that pur. pole, nor did duly account for the same according to the form and effect of the said articles of agreement, but on the contrary thereof, the said James made default in setting down the same as aforefaid, and did not duly account for the same as aforesaid, contrary to the force, form, and effect of the said articles of agreement; whereby the said James forfeited and became liable to pay to the said Richard the further sum of three pounds and three shillings for such neglect or default : And the said Richard further says, that gd Breach. after the making of the said articles, and whilst the said Richard and James used, exercised, and carried on the said trade or business of pawnbrokers, to wit, on the said fourteenth day of O&to. ber, in the said year of Our Lord 1784, at the parish of St. Maryle-bone aforesaid, in the county aforesaid, the said James took from out of the said shop and premises in the said articles of agreement mentioned, where the said Richard and James so used, exercised, and carried on their said business, a certain metal snuff box, te wit, of the value of three shillings, being part of the goods bea longing to and in the custody of the said Richard and Junes, as Co-partners in the said trade or business as aforesaid, and did not let down the same upon a slate or book kept for that purpose, nor did duly account for the same according to the form and effect of

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