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Declaration on

a judgment of non prof.

King's Bench, Hilary Term, 37. Geo. III.

CITY OF WORCESTER AND COUNTY OF THE SAME CITY, to wit. William Lancashire complains against James Smith, being in the cuftody of the marshal of the marshalfea of our lord the now king, before the king himself, in a plea that he render to the faid William the fum of ten pounds of lawful money of Great Britain, which he owes to and unjustly detains from him; for that whereas the faid William lately, to wit, on the nineteenth day of April 1796, at the city of Worcester aforefaid and county of the fame city, at the court of Richard Morton, gentleman, then sheriff of the faid city and county of the said city, then and there held before the fuitors of the faid court, according to the custom of the faid court from time immemorial, and by the judgment of the faid court recovered against the said James fourteen fhillings and tenpence, parcel of the faid fum of ten pounds above demanded, for the costs and charges of the said William by him fuftained, for that the faid James did not prosecute his fuit in the faid court against the faid William, whereof the faid James is convicted, as by the proceedings thereof remaining in the faid court more fully appears, which faid judgment ftill remains in full force and effect, not in the leaft annulled, reverfed, or fatisfied; whereby an action hath accrued to the faid William to demand and have from the faid James the faid fum of fourteen fhillings and tenpence, parcel of the faid fum of ten pounds above demanded: 2d Count, on a And whereas also the said James afterwards, to wit, on the fame day and year aforefaid, at the city of Worcefter aforefaid, and county of the fame city, had borrowed of the faid William nine pounds five fhillings and twopence, further parcel of the faid fum of ten pounds above demanded, to be paid to the faid William whenever afterwards he the faid James fhould be thereunto requested; yet the faid James, although often requested, hath not yet paid to the faid William the faid fum of ten pounds above de. manded or any part thereof, but to pay the fame to the faid William he the faid James hath hitherto and ftill doth refuse, to the damage of the faid William of twenty pounds, and therefore he brings fuit, &c. Pledges, &c.

mutuatus.

J

DEBT ON PENAL STATUTES.

Declaration qui MIDDLESEX, to wit. John Brightmore, who fues as well tamon the ftatute for our fovereign lord the king as for himself in this behalf, com24 Geo. 3. c. 7 plains of John Parr, being, &c. of a plea that he render to our for giving a re- faid lord the king and to the faid plaintiff who fues as aforesaid, proper ftamp. the fum of ten pounds of, &c. which he owes to and unjustly de

ceipt without a

tains from them; for that the faid defendant after the twentyfifth day of March, A. D. 1784, and before the exhibiting the bill

of

did caufe to be

of the faid plaintiff who fues as aforefaid against the said defendant, to wit, on, &c. at, &c. in, &c. did caufe to be written a certain Vide the act of receipt then and there given by him the faid defendant to the faid 23. Geo. 3. c.49. plaintiff for the payment of money, that is to fay, for the payment written, &c. of the fum of one pound of lawful money of Great Britain, by the then and there faid plaintiff to the faid defendant, in which the fum mentioned given. therein was then and there expreffed to be in full of all demands, and which faid receipt was then and there liable to a certain ftamp duty, that is to fay, a ftamp duty of fourpence, charged and impofed in and by a certain act made at the parliament of our faid lord the king, holden at Westminster in the twenty-third year of his reign, entitled, "An A&t for repealing an Act made in the "twenty-third year of the Reign of his prefent Majefty, entitled, "An Act for the charging a Stamp Duty upon Bills of Exchange, "Promifiory Notes, or other Notes payable otherwife than upon demand, and for granting new Stamp Duties on Bills of "Exchange, Promiffory and other Notes, and alfo Stamp Duties on Receipts," upon a certain piece of paper without the fame being firft duly ftamped, as in and by the faid act is directed, and upon which there was not then and there any ftamp or mark refembling the fame, contrary to the form of the ftatute in fuch case made and provided; whereby and by force of the faid ftatute the faid defendant forfeited and became liable to pay for his faid offence the fum of five pounds, and thereby and by force of the statute in fuch cafe made and provided, an action hath accrued to the faid plaintiff who fues as aforefaid, to demand' and have for our faid lord the king and himself in this behalf, of and from the said defendant the fum of five pounds fo forfeited as aforefaid, parcel of

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the faid fum of ten pounds above demanded: And alfo for that the 2d Count, did fid defendant, after the faid twenty-fifth day of March 1784 afore- fign, &c. faid, and before the exhibiting, &c. did sign a certain other receipt then and there given by, &c. &c. [as in firft Count to the end]; yet, &c. [Common conclufion in qui tam actions].

ant, for per

WARWICKSHIRE, to wit, W. B. who fues as well for Declaration on the poor of the parish of B. in the faid county of W. as for him- the ftat. 10. feif in this behalf, complains of W. B. being, &c. of a plea that Geo. 2. c. 28. he render to the faid poor of the faid parish and to the faid W. B. against defendwho fues as aforefaid, one hundred and fifty pounds of, &c. which forming in cerhe owes to and unjustly detains from them; for that the said de- tain entertainfendant, after the twenty-fourth day of June, A. D. 1737, and ments of the within fix calendar months next before the exhibiting the bill of ftage without the faid plaintiff, to wit, on, &c. in the parish of, &c. in, &c. being licenced. did for hire, gain, and reward, act, reprefent, and perform a certain part, to wit, the part of Amintor, in a certain entertainment of the ftage called Daphne and Amintor, without any authority fo to do by virtue of letters patent from his majesty or his predecefors, or without licence from the chamberlain of his majesty's household for the time being, contrary to the form of, &c.; where

by

2d Count.

Declaration in

the exchequer

fence of a bill.

by and by force of, &c. the faid W. B. forfeited for his faid offence the fum of fifty pounds, whereby and by force of, &c. an action hath, &c.: And the faid W. B. who fues as aforefaid, further fays, that the said defendant, after the faid twenty-fourth day of June, A. D. 1737, and within, &c. to wit,, on, &c. in, &c. did for hire, gain, and reward, perform a part in an entertainment of the ftage, to wit, in a certain entertainment of the stage called a concert of vocal and inftrumental music, without any authority, &c. &c. [as in firft Count to the end.]: And the faid W. B. &c. &c. [fame as the laft, only that the defendant played on another day]; yet, &c. [Common conclufion in qui tam actions.]

MIDDLESEX, to wit. Ofwald Truefit complains of Thodebt on statute mas Becket, gentleman, one of the the attornies of the court of 2. Geo. 2. c 23. our lord the now king, before the king himself, present here in 124. for acting court in his own proper perfon, in a plea that he render unto him as a folicitor in the faid Ofwald two hundred pounds of lawful money of Great upon the de- Britain, which he owes to and unjustly detains from him, &c.; for that the faid Thomas, after the first day of December, A. D. 1730, to wit, on the fourteenth of March, A. D. 1785, at Weftminfter, in, &c. did in his majefty's court of equity in the exchequer chamber at Westminster aforefaid, in his own name, defend a certain fuit there then depending in the fame court, and wherein J. M. H. and J. B. were complainants and the said Ofwald and Jane his wife, late Jane Bromly, R. B. and J. W. were defendants, as folicitor for and on the part and behalf of the faid Ofwald, Jane his wife, R. B. and J. W. for and in expectation of gain, fees, and reward, without being at the time he the faid Thomas fo acted as folicitor as aforesaid admitted and inrolled in the fame court in which he fo acted as aforefaid, as by the faid ftatute in fuch cafe made and provided is required, contrary to the form of the faid ftatute; whereby and by force of which faid ftatute the faid Thomas forfeited and became liable to pay for his faid offence the fum of fifty pounds, whereby and by force of the aforefaid ftatute an action hath accrued, &c. &c.: And the faid plaintiff in fact further faith, &c. &c. [2d Count fame as the firft, omitting in what name defendant practised, and on whose behalf, &c. &c. 3d Count.]

paying the

Declaration on MIDDLESEX, to wit. William Flemming, who fues as the statute of well for our lord the king as for himself in this behalf, complains Anne, for not of William Flanaghan, being, &c. in a plea that he render to our duty of fix. faid lord the king and the faid William, who fues as aforefaid, one pence for every 20s, for money taken with an apprentice. 8. Ann, c. 9. f. 32. gives the duty from 368. to 395. directs when and how to be paid, and 9. Ann, c. 21. f. 7. perpetuates that ftatute, and f. 66, gives the penalty.

hundred

hundred and fifty pounds, which he owes to and unjustly detains from them; for that whereas after the first day of May, which was A. D. 1715, and before the exhibiting the bill of the faid William Flemming, who fues as aforefaid, to wit, on, &c. one M. B. did by a certain writing, to wit, by certain articles of agreement in writing duly entered into, executed, and figned within the city of London, bearing date the day and year laft aforefaid, put herself apprentice to the faid William Flanaghan, and he the faid William Flanaghan did then and there by fuch writing accept and take the faid M. B. as his apprentice, to learn the trade and bufinefs of a mantua-maker, and with him the faid William Flanaghan as an apprentice to ferve from the day of the date of the faid writing unto the full end and term of three years from thence next enfuing, and fully to be complete and ended: And the faid William Flemming, who fues as aforefaid, in fact further faith, that before the exhibiting the bill of him the faid William Flemming, to wit, on, &c. there was given and paid to the faid William Flanaghan, and he the faid William Flanaghan then and there received with and in relation to the said M.B. as fuch apprentice to the faid William Flanaghan as aforetaid the fum of twenty pounds of like lawful money, which faid fum fo given and paid with and in relation to the faid M. B. as fuch apprentice as aforesaid, was and is contained and inferted in the aforefaid writing; whereby and by force of the ftatute in fuch cafe made and provided he the faid William Flanaghan, as master of the faid M. B. became liable to pay and ought to have paid to our lord the now king, within the time by the ftatute in fuch case made and provided limited, and according to the true intent and meaning of the fame, the fum of ten fhillings, being the duty of fixpence for every twenty fhillings of the faid twenty pounds fo given and paid with and in relation to the faid M. B. as fuch apprentice as aforefaid, and bythe ftatute in such case made and provided charged and made payable: Yet the faid W. Flemming, who fues as aforefaid, in fact faith, that he the faid William Flanaghan, being juch mafter of the faid M. B. as aforefaid, did not at any time within one month next after the date of the faid writing at the head office for famping or marking of vellum, parchment, or paper, pay to the receiver-general for the time being of the faid duties on stamped yellem, parchment, and paper, the faid duty charged and payable for the fum of twenty pounds in fuch writing inferted as aforefaid, according to the true intent and meaning of the ftatute in fuch cafe made and provided, nor hath he the faid William Flanaghan at any other time fince hitherto, or in any other manner whatfoever paid the faid fum of ten fhillings, being the duty aforesaid, to cur faid lord the king, but hath wholly neglected fo to do, and therein failed and made default, contrary to the form of the fatute in fuch cafe made and provided; whereby and by force of the ftatute in fuch cafe made and provided, the faid William Flanighan forfeited for his faid offence the fum of thirty pounds, to it, at, &c. by reafon whereof and by force of the ftatute 11. fach

cafe

ad 'Count.

3d Count.

cafe made and provided an action hath accrued to the faid William Flemming, who fues as aforefaid, to demand and have for himself and our faid lord the king of and from the faid William Flanaghan the faid fum of fifty pounds fo by him forfeited as aforesaid, parcel of the said sum of one hundred and fifty pounds above demanded: And the faid William Flemming, who fues as aforesaid, further fays, that after the first day of &c. which was A. D. 1715, and before the exhibiting of, &c. to wit, on, &c. the said M. B. did by a certain other writing, to wit, by certain other articles of agreement in writing duly entered into, executed, and figned within the faid city of London, by the faid William Flanaghan or A. F. his wife, and bearing date, &c. put herself apprentice to A. F. then and ftill being the wife of the faid W. F. and the the faid A. F. did then and there by fuch laft mentioned writing accept and take the faid M. B. as her apprentice, to learn the trade and business of a mantua-maker, and with her the said A. F. as an apprentice from the day of the date of the faid laft-mentioned writing unto the full end and term of three years from thence next enfuing and fully to be complete and ended: And the faid William Flemming, who fues as aforefaid, in fact further faith, that before the exhibiting of, &c. the faid William Flemming, who fues as aforefaid, in London aforefaid, there was given and paid to the faid William Flanaghan, and he the faid William Flanaghan did then and there receive with and in relation to the faid M. B. as fuch apprentice to the faid A. F. as laft aforesaid, the fum of twenty pounds of like, &c. which faid fum fo given and paid with and in relation to the faid M. B. as fuch apprentice as laft aforefaid, was and is contained and inferted in the faid laftmentioned writing; whereby and by force of, &c. [finish this Count fame as the laft, only omitting what is in Italic]: And the faid William, who fues as aforefaid, further faith, that after, &c. and before the exhibiting, &c. the faid William Flemming, who fues as aforefaid, to wit, on, &c. the faid M. B. did by, &c, and bearing date, &c. agree to ferve the faid William Flanaghan, and the faid William Flanaghan did then and there by fuch laft-mentioned writing accept and take the faid M. B. as his fervant, to learn the trade of, &c. and with him as fuch servant as last aforesaid serve from the date of, &c. unto the full end, &c.; And the faid William Flemming, who fues as aforefaid, &c. &c. [as the laft Count to the end, only instead of faying "apprentice" fay "fervant"]; yet the faid William Flanaghan, although often requefted, hath not as yet rendered the faid fum of one hundred and fifty pounds fo by him forfeited as aforefaid and above demanded, or any part thereof, to our faid lord the king and the said William Flemming, who fues as aforefaid, or either of them, but he to render the same to our faid lord the king and the faid William Flemming, who fues as aforefaid, or either of them, hath hither to wholly refused and ftill refuses fo to do, to the damage of the faid William Flemming, who fues as aforefaid, of twenty pounds

an

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