SCIRE FACIAS.

(PROCEEDINGS IN.)

BY ASSIGNEES OF BANKRUPT TO REVIVE.

co-partners, to

defendant before bankrupt

cy.

EORGE the Third, &c. to the sheriff of Middlefex, greet- Scire facias by ing: Whereas R. M. and R. G. lately, to wit, in the the affignees of term of the Holy Trinity now laft paft, before the right ho- two bankrupts, nourable Alexander lord Loughborough and his companions, then revive a judg juftices of our lord the king of the bench at Westminster, by the ment obtained by confideration of the faid court, recovered against S. P. late of, them against &c. as well a certain debt of two hundred pounds, as fixty-three fhillings which were adjudged to the faid R. M. and R. G. in the fame court as well for their damages by them fuftained as well by occafion of the detaining that debt as for their cofts and charges by them about their fuit in that behalf expended, whereof the faid S. P. is convicted, as appears to us of record: And whereas we have fince been given to understand and are informed in our faid court of the bench at Westminster, that before and at and after the giving of the faid judgment, the faid R. M. and R. G. were partners and joint dealers in trade together, and that after the giving of the faid judgment the faid R. M. and R. G. became bankrupts within the true intent and meaning of the ftatutes made and now in force concerning bankrupts, and that all and fingular the debts, goods, and effects which were of the faid R. M. and R. G. at the time of their becoming bankrupts were, after they became bankrupts, in due manner affigned unto A. B. C. D. &c. and that although the faid judgment was fo given, yet excution thereof ftill remains to be made; wherefore the faid A. B. C. D. &c. as affignees as aforefaid, to whom the execution of and upon the said judgment ought to be made, and now of right belongs, have humbly entreated us to grant them a proper remedy in this behalf, and we, being willing that what is right and juft fhould be done on this occafion, command you, that by good and lawful men of your bailiwick you make known to the faid S. P. that he be before our justices at Westminster in fifteen days of Saint Martin to fhew if he has any thing to fay or can fay for himself why the faid A. B. &c. as affignees as aforefaid, ought not to have execution against him for the debt and damages aforefaid, according to the force, form, and effect of

the faid recovery, if it fhall feem expedient fo to do, and to re ceive what our juftices fhall then and there confider of him in this behalf, and have you then and there the names of those by whom you fhail give him notice, and this writ. In witnefs, &c. Drawn by MR. CROMPTON.

Seire facias upon GEORGE the Third, by the grace, &c. to the sheriff of ajudgmentofaf- Middlefex, greeting: Whereas C. B. efquire, in the term of fets quando, &c. the Holy Trinity, in the nineteenth year of our reign, in our (after revival by feire court, before us at Westminster aforefaid, by bill, and without

common

conditioned for

one A.B.'s per.

C. IO.

facias) obtained our writ, and by the confideration and judgment of the fame against execu- court, recovered against fir Frederic Grant, bart. J. S. efquire, tors upon their P. G. efquire, J. M. efquire, and D. E. G. executors of the teftator's bond laft will and eftament of fir Alexander Grant, bart. a certain debt of fourteen thousand pounds of lawful money of Great formance ofcer. Britain, to be levied of the faid goods and chattels which were tain articles of of the faid fir Alexander at the time of his death, and which agreement, fet. therefore should come to the hands of the faid fir Frederic, &c. ting forth the to be administered, whereof they were convicted, as appears to indentures, and affigningbreach- US of record: And whereas it was afterwards, in Hilary Term, es according to in the twenty-fifth year of our reign, in our faid court, before us 8. & 9. Will. 3. at Weftminster aforefaid, confidered that O. B. efquire, execu tor of the laft will and teftament of C. B. efquire, fhould have execution against them the faid fir Frederic, &c. executors aforefaid, for the debt aforefaid, to be levied of divers goods and chattels which were of the faid fir Alexander at the times of his death in their hands to be administered to the value of the faid debt, and which fince the rendition of the aforefaid judgment had come to the hands of the faid fir Frederic, &c. executors as aforefaid, to be adminiftered, whereof they were convicted, as appears to us of record: And whereas the judgment aforefaid, in form aforefaid, recovered upon a certain writing obligatory made in the faid fum of fourteen thousand pounds to be paid by the faid fir Alexander, or his executors, to the faid C. B. or to his executors, with a certain condition there underwritten, containing therein, amongst other things, that if one A. B. his executors, adminiftrators, and affigns fhould or did in every respect well and truly obferve, fulfil, and keep all and fingular the covenants, claufes, articles, reftrictions, and agreements, which on the part and behalf of the faid A. B. his heirs, executors, adminiftrators, or affigns, were or ought to be paid, done, and performed, fulfilled, and kept, comprised or mentioned in one indenture of releafe bearing date the twenty-firft of January 1766, and made between the faid C. B. fince deceased, in his lifetime, by the honourable Archibald Sinclair, of the parish of, &c. in the island of Jamaica, efquire, and Samuel Smith, of the fame parish, county, and ifland aforefaid, the true and lawful attornies of the faid C. B. in that behalf duly conftituted, of the one part, and the faid A. B. of the other part, according to the true intent and meaning of the faid leafe and of the parties thereto, then and in fuch cafe the faid obligation was to be void, or elfe to remain in full force

and

was

and virtue: And the faid O. B. further fays, that the said indenture in the faid covenant mentioned was made on the twentyfirst day of January 1766, between the faid C. B. by the honourable A. S. of, &c. and J. S. of, &c. the true and lawful attornies of the faid C. B. in that behalf duly conftituted and appointed of the one part, and the faid A. B. of the other part, whereby and for the confiderations therein mentioned, he the said C. B by his attornies aforefaid, by the faid indenture did demife, leafe, fet, and to farm let unto the faid A. B. his executors, adminiftrators, and affigns, all, &c. &c. [Set out the indenture, the purport of which was, "that C. B. had granted a leafe of a fugar eftate to A. B. for twenty-one years, at the expiration of which term the flaves, cattle, &c. that should be on the estate were to be re-delivered and appraised by two arbitrators, and if upon fuch appraifement they were valued at less than in the valuation marked in the schedule A. that then A. B. to pay the difference, and if on the contrary the said arbitrators valued them at more than is marked in the schedule A. that then C. B. was to pay A. B. the overplus"] as by the faid indenture, amongst other things, more fully and at large appears: And whereas before and at the time of the granting of the faid leafe, and continually from thence until and at the time hereainfter mentioned, the faid C. B. was feifed in his demefne as of fee of and in the faid demifed premifes, with the appurtenances, to wit, at Westminster aforefaid, in the faid county; by virtue of which faid demife fo as aforefaid made he the faid A. B. entered into the faid demifed premifes, with the appurtenances, and became and was poffeffed thereof, the reverfion thereof belonging to the faid C. B. and his heirs; and the faid A. B. being so poffeffed, and the faid C. B. fo feifed, afterwards, to wit, on, &c. all the faid demifed premifes, with the appurtenances, and all the eftate, right, title, claim, and demand of him the faid A. B. of, in, and to the faid demifed premifes, with the appurtenances, for the rest, refidue, and remainder of the faid term of twenty-one years, came by affignment to the faid fir Alexander Grant, by virtue whereof he the faid fir Alexander afterwards, to wit, on, &c. entered into and upon the faid demifed premifes, with the appurtenances, and became and was poffeffed thereof, the reverfion thereof belonging to the faid C. B. and his heirs; and the faid fir Alexander being fo poffeffed, and the faid C. B. being fo feifed, afterwards, to wit, on, &c. all the faid demifed premifes, with the appurtenances, and all the estate, right, title, intereft, claim, and demand of him the faid fir Alexander of, in, and to the faid demifed premifes, with the appurtenances, for the reft, refidue, and remainder of the faid term, came by affignment to the faid fir Frederic, &c. by virtue whereof they the faid fir Frederic, &c. entered into the faid demifed premifes, with the appurtenances, and became and were thereof poffeffed until the end and expiration of the faid term, and the faid fir Frederic, &c. being fo poffeffed, and the faid C. B. being fo feifed of the faid demifed premifes, with the apVOL. IX purtenances,

N ́n

purtenances, he the faid C. B. afterwards, to wit, on, &c. at, &c. in, &c. died, after whofe death the reverfion of and in the said demifed premifes, with the appurtenances, defcended and came to the faid O. B. as only, fon and heir of the faid C. B. by virtue whereof he the said Ó. B. became and was, and ftill is feifed of the faid reverfion in his demesne as of fee: And whereas the said leafe fo granted as aforefaid afterwards, to wit, or, &c. ended and expired by lapfe of time, and at the end and expiration thereof, to wit, on, &c. all and every of the faid demifed flaves and their increafe, mules, fteers, and neat cattle were then living and re-delivered to the faid O. B. and all and every the faid plantation, utenfils, and implements of planting re-delivered, and alfo the houfes and buildings then being on the faid demifed premifes were revalued and appraised by one A. B. and C. D. two indifferent perfons, the faid A. B. being named by and on the part of the faid O. B. and the faid C. D. being named by and on the part of the faid fir Frederic, &c. as affignees as aforefaid, which faid revaluation and appraisement fo made by them the faid A. B. and C. D. was much lefs than the valuation in the schedule marked A, to wit, by the fum of five thousand and forty-three pounds of the cur rency of the island of J. being at the time of the valuation and appraifement aforefaid of great value, to wit, of the value of pounds of lawful money of Great Britain, to wit, at, &c. of all which fad premifes they the faid fir Frederic, &c. afterwards, to wit, on, &c. at, &c. had notice; by reafon whereof they the faid fir Frederic, &c. as affignees as aforefaid, became liable to pay to the faid O. B. the faid fum of pounds, according to the form and effect of the faid covenant fo made as aforefaid; yet the faid fir Frederic, &c. as affignees as aforefaid, have not, nor hath either of them (although a month after fuch revaluation made and notice given has long fince elapfed) yet paid or caused to be paid to the said O. B. the said sum of pounds, or the aforefaid five thoufand and forty-three pounds currency, or any part, although often fince requested fo to do, but to pay or caufe to be paid the fame, or any part thereof, have wholly failed and made default, and the fame and every part thereof ftill remains due and unpaid to the faid O. B. executor as aforefaid, contrary to the form and effect of the faid covenant in the faid indenture contained, and of the faid condition of the faid writing obligatory of the said fir Frederic in his lifetime in that behalf made as aforefaid, of all which premises we have lately received information from the faid O. B. executor as aforefaid, who hath thereupon prayed the execution of the damages aforefaid fuftained by reafon of the breach of covenant fo affigned as aforefaid according to the form of the ftatute in fuch cafe made and provided may be awarded to him, to be levied of the faid goods and chattels which were of the faid fir Alexander at the time of his death to the value of the aforefaid debt in form aforefaid recovered and upwards, and which have fince the rendition of the aforefaid judgment fo as aforefaid come to the hands of the faid fir Frederic, &c. executors as aforesaid,

and

and whereout they can and may fatisfy the damages fuftained by the faid O. B. by reafon of the faid breach of covenant above affigned; and because we are willing that what is juft and right fhould be done, we command you, that by good and lawful men of your bailiwick you fummon the faid fir Frederic, &c. executors as aforefaid, that they be before us at Westminster on

next after to fhew if they, or either of them, have or know any cause or thing to fay for themfelves why the faid O. B. ought not to have his execution against them for his damages aforefaid to be levied of the goods and chattels which were of the faid Frederic at the time of his death in their hands to be administered, and which after the rendition of the judgment first above mentioned fo as aforefaid came to the hands of the faid fir Frederic, &c. executors as aforefaid, to be adminiftered according to the force, form, and effect of the faid recoveries and award of execution as aforefaid, if it fhall feem expedient to them fo to do, and further to do and receive what our faid court before us fhall then and there confider of them in this behalf; and have you there at the faid time the names of them by whom you shall so summon them the said fir Frederic, &c. and this writ. Witness, &c.

E. LAW.

cognizance after

LISTER) MIDDLESEX, to it. Our lord the king fent to Declaration on against the fheriff of Middlefex clofed in thefe words, to wit, a feire facias in PEATS.George the Third, &c. to the fheriff of Middlefex, B R. against greeting: Whereas William Lifter, gentleman, lately in our bail on their recourt before us at Westminster, by bill, without our writ, and feire facias reby the judgment of the fame court, recovered against Richard turned to the Peats thirty-nine pounds of his damages which he had fuftained as alias fcire facias. well by occafion of the not performing certain promises and undertakings lately made by him the faid Richard to the faid William as for his cofts and charges by him about his fuit in that behalf expended, whereof the faid Richard was convicted, as appears to us of record; and although judgment be thereupon given, yet execution of the faid damages ftill remains to be made: And whereas T. F. of, &c. and J. J. of, &c. heretofore, that is to fay, in the term of Eafter, in the eighteenth year of our reign, in our faid court before us at Westminster, came perfonally and became pledges and bail, and each of them by himself became pledges and bail for the faid Richard, that if it should happen that the faid Richard fhould be condemned in the faid plea aforefaid, then they the faid bail granted, and each of them for himself did grant that as well the faid damages and cofts as should be adjudged to the faid William in that behalf fhould be made of their and each of their lands and chattels, and to be levied to the ufe f the faid William if it fhould happen that the faid Richard fhould not pay the faid damages and colts to the faid William, or should not render himself upon that occafion to the marfhal of the Marfhalfea

Na 2