dom of Ireland, and the faid defendant in England; and the faid defendant during all that time, by a certain agreement of separation and maintenance for that purpose made and provided, had a large maintenance allowed and duly paid to her by the faid A. B. for her feparate fupport and maintenance; and this, &c.: wherefore, &c. and their damages by reafon of the not performing of the faid feveral promises and undertakings in the faid declaration mentioned, to be adjudged to them, &c. For that the matter contained in the faid replication is not a Caufes of de legal answer to the plea of the faid defendant, and that the faid murrer. plaintiffs have not in their faid replication fet forth the date of the parties to the fubftance of the deed of feparation and maintenance in the faid replication, nor the amount of fuch pretended maintenance, nor when payable, nor have the plaintiffs brought into court the faid deed or counterpart thereof; and for that the faid eplication offers to put in iffue a matter foreign to the matter of bar pleaded by the faid defendant; and for that the faid replication is in other refpects uncertain, &c. Drawn by MR. CROMPTON. A feme covert living apart from her husband, and having a feparate maintenance, may contract and be fued as a feme fole. Corbett, Poelnitz and Uxor. husband before TURTLE AND the faid Benjamin prays a day to im- (4) Replication against parl to the faid plea, and it is granted him, (to a plea of coLADY UNSLEY. &c.; and thereupon a day is given to the verture), that parties aforefaid to come before our lord the king, on, &c. that defendant is to fay, for the faid Benjamin to imparl to the faid plea, and eloped from her then to reply to the fame, &c.: at which day, before our lord the making the proking at Westminster, came the parties aforefaid, by their attor- mifes, and hath nies aforefaid; and the faid B. fays, that notwithstanding anything ever fince lived above alledged by the faid defendant, the faid bill of the faid B. in adultery. ought not to be quafhed, because he fays, that fhe the faid defendant, before the making of the several promifes and undertakings in the faid declaration mentioned, and before the exhibiting of the faid bill of the faid plaintiff, to wit, on, &c. at, &c. in, &c. vo- This was the luntarily, and of her own accord, did elope from and absent herself day when defrom the faid (hufband) her faid husband, and continually from that fendant eloped time until and at the times of the making of the feveral promifes against whom and undertakings in the faid declaration mentioned, and of the ex- the husband hibiting of the faid bill of the faid B. hitherto did, and ftill doth, brought an acabfent herself, and lived feparate and apart in adultery from her tion, and had a faid husband, and hath not been, nor is yet reconciled to her faid this action was husband, to wit, at, &c. in, &c. and that whilst she the faid defendant fo abfented herself and lived feparate and apart in adultery from her faid husband as aforefaid, the the faid defendant made the feveral promises and undertakings in the faid declaration mentioned upon her own credit, and for her own neceffary use and account, folely and feparately, in the manner of a feme fole, and not upon or for the ufe, credit, or account of her faid husband, to wit, at, (~) This is a replication to a plea in abatement. &c. with one Bliffet, verdict before brought. Demurrer to the &c. and this, &c.: wherefore he prays judgment, and that his faid bill may be adjudged good, and that the faid defendant may anfwer over thereto, &c. And the faid defendant, as to the faid plea of the faid Benjamin laft replication. by him above pleaded, in reply to the faid plea of the faid defendant by her above pleaded in abatement, fays, that the fame plea, and the matters therein contained, are not fufficient in law to prevent the faid bill from being quafhed; to which faid plea, in manner and form as the fame is above pleaded in reply, she the said defendant hath no need, nor is fhe bound by the law of the land, to anfwer: wherefore, for want of a fufficient replication in this behalf, fhe the faid defendant, as before, prays judgment, and that the fame may be quafhed, &c.; and for causes of demurrer in law in this behalf, the faid defendant, according to the form of the statute in fuch cafe made and provided, fhews to the court here the caufes following, to wit, for that the faid plea of the faid Benjamin above pleaded in reply is not an anfwer to the faid plea of the faid defendant, but a direct admiffion and confeffion of the fact therein alledged; and alfo for that the fame plea, in manner and form as the fame is above pleaded in reply, contains and endeavours to bring in iffue feveral diftinct matters; and for that the faid replication is in other refpects uncertain, infufficient, and informal, &c. Joinder to ditto. And the faid Benjamin fays, that the faid plea of the faid Benjamin, and the matters therein contained, are good and fufficient in law to compel the faid defendant to answer to the aforefaid bill of the faid B. against the faid defendant; which faid plea, and the matters therein contained, the faid B. is ready to verify and prove as the faid court fhall award; and because the faid defendant hath not anfwered, nor in any wife contradicted the fame, he the faid defendant, as before, prays judgment, and that the faid defendant may be compelled to answer over to the faid bill of the faid B.; But because the court of our lord the king, now here is not yet advifed what judgment to give of and concerning the premifes, a day is given to the parties aforefaid to come before our lord the king at Westminster, on next after to hear judgment thereon, for that the court of our lord the king here is not yet advifed thereof, &c. Argument for Plaintiff. Elopement and adultery, and no re- Adultery pleaded in cafes of dower, If a wife elope from her husband, he Argument for Defendant. Notwithstanding elopement and adultery, fhe cannot be fued alone without her husband While husband living, not in exile or abjuration, wife cannot be fued alone. 2. Black. Rep. 1079. 1195. Upon argument of this cafe, Lord Mansfield faid it was new, and therefore defired to hear civilans; but the caufe being too trifling for plaintiff to expend money upon a further argument, he moved for judgment; and the Court gave it qued refpondeat aufter. AND of AND the faid plaintiffs, as to the faid plea of the faid defendant Replication to by her fecondly above pleaded in bar, fays, precludi non; becaufe a plea of coverprotefting, that the faid plea, in manner and form as the fame is ture, protesting as to the above pleaded and fet forth, and the matters therein contained, are fufficiency infufficient in law to bar the faid plaintiffs from having the faid ac- the plea; protion against her, protesting alfo; that the faid defendant was not tefting alfo, that married to nor under coverture of the faid R. B. in the plea men- the defendant is tioned, in manner and form as the faid defendant hath in her faid not a feme covert. Replicaplea in that behalf alledged: Neverthelefs, for replication in this tion, that before behalf the faid plaintiffs fay, that the faid defendant, before the the cause of acmaking of the faid feveral promifes and undertakings in the faid tion accrued the declaration mentioned, and before the making of any or either of defendant had them, and before the feveral caufes of action in the faid declara-eloped from her husband, and tion mentioned, or any or either of them, accrued, that is to fay, that the work, on, &c. at, &c. eloped from the faid R. R. in the faid plea men- &c. was done tioned; and that she hath from thence hitherto lived, and still doth for the defendlive, feparate and apart from the faid R. R.; and that they the faid ant at her replaintiffs did and performed the work and labour in the decla- credit only. ration mentioned for the faid defendant, and at her requeft, and on her credit only; and that they fold the goods and merchandizes in the faid declaration mentioned to the faid defendant, and her requeft and on her credit only; and that they laid out, expended, and paid the money in the laft Count of the faid declaration mentioned, for the faid defendant, and at her request, and on her credit only, to wit, at, &c.; and this, &c.: wherefore, &c. &c. J. MORGAN. quest and on her coverture, alledging had a feparate AND the faid Charles and Robert, as to the faid plea of the faid Replication to dame by her above pleaded, fay, that by reafon of any thing by plea of cover. ture, admitting the faid dame in that plea above alledged precludi non; becaufe the they fay, that before and at the time of making the said several but promises and undertakings in the faid declaration mentioned, and that defendant from thence until and at the time of exhibiting the bill of them lived apart from the faid Charles and Robert against the faid dame, the the faid her husband, and dame lived, and ftill doth live, feparate and apart from the faid Robert Robertfon her husband; and that the the faid dame had, for and during all the time aforefaid, and has, a large, ample, and fufficient allowance, as and for her feparate maintenance, and which faid allowance hath been, for and during all that time, paid to her the faid dame, to wit, at, &c. aforefaid? And the faid Charles and Robert further fay, that the faid dame, fo living feparate and apart from her faid husband, and having fuch allowance as aforefaid, the faid feveral promifes and undertakings in the faid declaration mentioned were, and each and every of them was, made by the faid dame, as a feme fole upon her own feparate credit, of her faid husband, to wit, at, &c. aforefaid; and this they the faid Charles and Robert are ready to verify: wherefore they pray judgment, and their damages by them fuftained on occafion of of the not performing of the faid feveral promifes and undertakings in the faid declaration mentioned, to be adjudged to them, &c. WILLIAM GARROW. Plea of dure fs of DURESS. AND the faid defendant, by his attorney, comes and imprifon defends the wrong and injury, when, &c. and fays, that the faid ment, and that plaintiff actio non; because he faith, that he the faid defendant, promiffory note was fo obtained, at the time of the making the faid promiffory note in the said first Count of the faid declaration mentioned, and of the faid first promife and undertaking thereupon, was imprifoned by the faid plaintiff and others by s contrivance, to wit, at, &c. aforefaid, and was there kept and detained in prifon until he the faid defendant, by force and durefs of that imprisonment, then and there made and fubfcribed the faid promiffory note in the faid first Count of the faid declaration mentioned, and the faid firft promise and undertaking to the faid plaintiff thereupon; and this, &c.: wherefore, &c. if, &c. And the faid defendant, as to the second, third, fourth, and fifth promifes and undertakings in the said declaration mentioned, fays non affumpfit; and of this he puts himself upon the country, &c. Large. Replication, that And the faid plaintiff faith, that by anything above by the faid defendant was at defendant in pleading alledged, he ought not to be barred from having and maintaining his faid action against him the said defendant; because he faith, that the faid defendant, at the time of the making, &c. (as in the plea) was of his own accord at large, and out of any prifon, and made, &c. &c. of his the faid defendant's own accord and mere free will, and not by any force and duress of imprisonment of the said defendant, as the faid defendant hath above in his faid plea alledged; and this he the faid plaintiff prays may be enquired of by the country, and the faid defendant doth fo likewife: therefore, &c. R. DRAPER. Plea by defend- HUBARD AND the faid M. in his own proper perant in cuftody: at the fuit of fon, comes and defends the wrong and injury, ift, nonn. affump. DA CUSTA. when, &c. and fays, that he did not underfit; 2d, durefs take and promife in manner and form as the faid B. M. hath above thereof compiained against him: and of this he puts himift Count, on a felf upon the country; and the faid B. M. doth fo likewife. And bill of exchange. for further plea in this behalf, as to the first promise and undertak◄ of imprison ment. ing in the faid declaration mentioned, he the faid M. by the leave of the court here for this purpose firft had and obtained, according to the form of the ftatute in that cafe made and provided, fays, that the faid B. M. ought not to have or maintain his aforefaid ac tion thereof against him; because he fays, that he the faid M. before and at the time of the making of the faid bill of exchange in the faid declaration, was imprifoned by the faid defendant and others in collufion with him, to wit, at London aforefaid, in the parish and ward aforefaid, and then and there continued under that imprifonment, and was then and there kept and detained in prifon until he the faid M. through the force and reftraint of that imprisonment, there made and gave the faid bill of exchange in the faid declaration mentioned, to the faid defendant; and this he is ready to verify: wherefore he prays judgment if the faid B. M. ought to have or maintain his aforefaid action thereof against him, &c. free and at large;and there upon iffue. And the faid B. M. as to the faid plea of the faid M. by him To second plea laftly above pleaded in bar, faith, that he, by reafon of anything plaintiff replies, in that plea by the faid M. alledged as to the faid firft promife and defendant was undertaking in the faid declaration mentioned, ought not to be barred from having or maintaining his aforefaid action thereof against him; because he says, that the faid M. at the time of the making the faid bill of exchange in the faid declaration mentioned, was free and at large, and not under any imprisonment; and that he the said M. made the said bill of exchange in the faid bill of exchange mentioned, of his own free will, and not by force or reftraint of imprisonment, as the faid M. hath above alledged; and this he prays may be enquired of by the country, and the faid M. does fo likewife: therefore the fheriffs are commanded that they do cause to come here in three weeks of the Holy Trinity, twelve, &c. by whom, &c. and who neither, &c. to recognize, &c. becaufe as well, &c. This caufe was tried before the Right Hon. Sir Charles Pratt, knt. Lord Chief Justice of the Court of Common Pleas, at Guildhall, London, on Saturday, day of July 1763, the laft adjourned fitting after Trinity Term, 3. Geo. 3. by a fpecial jury of merchants of the city of London, and a verdict of 300ol. given INFANCY. AND now at this day, that is to fay, on Wednesday next after plea of infatry fifteen days from the day of Eafter in this fame term, until which by guardian. day, &c. as well the faid Thomas by his faid attorney as the faid James by A. B. his guardian, who is admitted by the court here to defend for the faid James, do come before our lord the king at Westminster; and the faid James defends the wrong and injury, when, &c. and fays, actio non; because he fays, that he the faid James, at the time of the making the faid feveral promifes in the faid de claration |