payable yearly. in bar. half ready to verify; wherefore the prays judgment and a return of the faid goods and chattels, together with her damages, &c. to be adjudged to her, according to the form of the statute in fuch cafe 2d avowry, for made and provided, &c.: And for further avowry in that behalf, half a year's rent the the faid Elizabeth, by leave of the court here for that purpofe first had and obtained, according to the form of the ftatute in fuch cafe made and provided, well avowed the taking of the faid goods and chattels in the faid dwelling house in which, &c. This is traverfed and justly, &c.; because the faid that the faid William, for the in the third plea fpace of half a year and more next before and ending on the feastday of St. Michael the Archangel, which was in the year of Our Lord 1771, and from thence until and at the faid time when, &c. enjoyed the faid dwellinghouse in which, &c. with the appurtenances, under a demife thereof theretofore made to him, at the yearly rent of twenty-fix pounds four fhillings payable half yearly at the feaft of St. Michael the Archangel, and the Annunciation of the Blefled Virgin Mary, by equal and even portions, and during all that time held the fame of the faid Elizabeth by virtue of the faid demife as her tenant thereof, at the rent aforefaid; and because thirteen pounds two fhillings of the rent aforefaid, due and payable by the faid William to the faid Elizabeth for half a year of the faid term ending on the faid feaft-day of St. Michael the Archangel, in the faid year of Our Lord 1771, on that day, and from thence until and at the faid time when, &c. were in arrear and unpaid to the faid Elizabeth, fhe the faid Elizabeth well avowed the taking of the faid goods and chattels in the faid dwelling houfe in which, and juftly, &c. for and in the name of a distress for the faid rent fo in arrear and unpaid, which faid rent then still remained, and was due and owing to the faid Elizabeth; and that the was ready to verify; wherefore the prayed judgment and a return of the faid goods and chattles, together with her damages, &c. to be adjudged to her, according to the form of the ftatute in fuch 1ft Plea in har, cafe made and provided, &c.: And the faid William said that the faid de injuria juu pro- Elizabeth, for the reafons by the faid Elizabeth in her faid first avowry pria. above alledged,ought not to avow the taking of the faid goods and chattels in the faid dwelling houfe in which, &c. as juft; because he faid that the faid Elizabeth, at the faid time when, &c. of her own wrong took the faid goods and chattels in the faid dwelling houfe in which, &c. and unjustly detained the fame against gages and pledges, until, &c. in manner and form as the faid William had above thereof Traverting the complained against her; without this, that the jaid William endemife in first joyed the faid dwelling house in which, &c. under a demife thereof made to him by the faid Elizabeth, in manner and form as the said Elizabeth had above in her faid firft avowry alledged; and that he was ready to verify; wherefore inafmuch the faid Elizabeth had above avowed the faid taking of the faid goods and chattels in the faid dwelling houfe in which, &c. above done, he the faid William prayed judginent and his damage, on occafion of the taking and unjuflly detaining the faid goods and chattels, to be adjudged to avowry. 1 d and conclufion him, &c.: And for further plea in bar to the faid firft avowry of 2d Plea in bar to the faid Elizabeth, he the faid William, by leave of the court here firit avowry, nofor that purpose first had and obtained, according to the form of thing in arrear, the ftatute in fuch case made and provided, faid, that the f.id Eli- to the country. zabeth, for the reafons by the faid Elizabeth in her faid first avowry above alledged, ought not to avow the taking of the faid goods and chattels in the faid dwelling houfe in which, &c. as juft; becaufe he said, that at the time when, &c. nothing of the atorefaid rent mentioned in the said first avowry of the faid Elizabeth was in arrear or unpaid from the faid William to the faid Elizabeth, as the faid Elizabeth had above in her faid first avowry alledged; and that he prayed might be enquired of by the country, and the faid Elizabeth did the like: And for further plea in bar in 3d Plea in bar Elizabeth at the fame time when, &c. of her own wrong, took de injuria sua pro- in manner and form as the said William had above thereof com plained against her; without this that he the faid William held the Traverse of de faid dwelling boufe in which, &c. of the faid Elizabeth, by virtue mile. of the faid demife in the faid laft avowry of the faid Elizabeth mentioned as her tenant thereof, in manner and form as the faid Elizabeth had above in her faid laft avowry alledged; and that he was ready to verify; wherefore inafmuch as the laid Elizabeth had above avowed the faid taking of the faid goods and chattels in the Eid dwelling house in which, &c. above done, he the faid William prayed judgment and his damages, on occafion of the taking and unjustly detaining the faid goods and chattels, to be adjudged to him, &c.: And for further plea in bar to the faid laft avowry of 4th Plea in bar the faid Elizabeth, he the faid William, by leave of the court for to the laft avowthat purpofe firft had and obtained, according to the form of the ry, no cert in ftatute in fuch cafe made and provided, faid that the faid Eliza- arrear, and conbeth, for the reafons by the faid Elizabeth in her faid country. laft avowry above alledged, ought not to avow the taking of the faid goods and chattels in the dwelling houfe in which, &c. as juft; because he faid, that at the faid time when, &c. nothing of the faid rent mentioned in the faid laft avowry of the faid Elizabeth was in arrear or unpaid from the faid William to the faid Elizabeth, as the iaid Elizabeth had above in her said clufion to the avowry alledged; and that he prayed might be enquired of by Replication to the country, and the faid Elizabeth did the like, &c.: And the firft plea to firft fad Elizabeth, as to the faid plea of the faid William by him firft avowry, taking above pleaded in bar as to the faid avowry of the faid Elizabeth by iffue on the tra her firft above made as before, faid that the faid William enjoyed verse. the faid dwelling house in which, &c. under a demife thereof made to VOL. VII. C him, him, in manner and form as the faid Elizabeth had above in her fald first avowry alledged; and of that she put herself upon the coun2d Replication try, &c.: And the faid Elizabeth, as to the plea of the faid Wilto first plea, to liam by him first above pleaded in bar to the faid avowry of the fecond avowry faid Elizabeth by her laftly above made as beforefaid, that the fame. Demurrer faid William held the faid dwelling houfe in which, &c. of the faid Elizabeth, by virtue of the faid demife in the faid laft avowry of the faid Elizabeth mentioned, as her tenant thereof, in manner and form as the faid Elizabeth had above in her faid last avowry alto ledged; and of that fhe puts herself upon the country: And the fift replication. faid William faid, that the faid plea of the faid Elizabeth by her above pleaded by way of reply to the plea of the faid William by him firft above pleaded in bar to the faid avowry of the faid Elizabeth by her first above made, and the matters therein contained were not fufficient in law for the faid Elizabeth to have a return of the faid goods and chattels adjudged to her, &c. to which faid plea of the faid Elizabeth fo pleaded by way of reply, in manner and form as the fame was above pleaded and fet forth, he the faid William was not under any neceffity, nor in anywife bound by the law of the land to anfwer; and that he was ready to verify; wherefore for want of a fufficient replication in that behalf he the faid William prayed judgment and his damages, on occafion of the taking and unjustly detaining the faid goods and chattels, to be adjudged to him, &c.: And for caufes of demurrer in law, accord11t, not taking ing to the form of the ftatute in fuch cafe made and provided, he Caufes iffue on the words of the traverse. the faid William fet down and fhewed to the court here the caufes following, to wit, for that the faid Elizabeth had not taken iffue on the words of the traverfe of the faid William by him offered to the faid Elizabeth in and by his faid first plea in bar, but had wholly altered the fame, and had attempted to put an immaterial point in iffue wholly different in fubftance, matter, form, and words, and which entirely altered, changed, and destroyed the fenfe, meaning, and effect of the faid traverse so offered 2d, infufficient by the faid William to the faid Elizabeth as aforefaid, and which in other refpe&s. was also in itself a matter not ifluable; and also for that the faid 2d demurrer to replication was in other refpects uncertain, infufficient, and infecond replica- formal, &c.: And the faid William, as to the faid plea of the faid tion. Elizabeth by her above pleaded by way of reply, as to the faid plea of the faid William by him firft above pleaded in bar, as to the faid avowry of the faid Elizabeth by her laftly above made, he the faid William faid, that the faid plea fo pleaded by way of reply and the matters therein contained were not fufficient in law for the faid Elizabeth to have a return of the faid goods and chattels to be adjudged to her, and to which faid plea of the said Elizabeth fo pleaded by way of reply, in manner and form as the fame was above pleaded and fet forth, he the faid William was not under any neceffity, nor in anywife bound by the law to answer; and that he was ready to verify; wherefore for want of a fufficient replication in that behalf he the faid William prayed judgment and his damages, on occasion of the taking and unjustly detaining the fa:d country, and murrer to fecond faid goods and chattels, to be adjudged to him, &c.; and for caufes Caufes, That it of demurrer in law, according to the form of the ftatute in fuch concludes to the cafe made and provided, the faid William fet down and fhewed to ought to have the court here the caufes following, to wit, for that the faid Eli- concluded with zabeth had concluded her faid replication to the country, when by a verification. law the ought to have concluded the fame with a verification, and thereby have given the faid William an opportunity to confefs and avoid traverse or deny the matters pleaded and fet forth by the faid Elizabeth in her faid replication, and alfo for that the faid replication was argumentative, uncertain, and informal, &c.: And Joinder to the the faid Elizabeth faid, that the said plea of the faid Elizabeth by first demurrer. her above pleaded by way of reply as to the plea of the faid William by him first above pleaded in bar to the faid avowry of the faid Elizabeth by her first above made, and the matters therein contained were fufficient in law for the faid Elizabeth to have a return of the faid goods and chattels adjudged to her, &c; which faid replication, and the matters therein contained, the faid Elizabeth was ready to verify and prove as the court fhould award; and because the faid William had not answered the faid replication, nor till then denied the fame, the faid Elizabeth as before prayed judgment and a return of the faid goods and chattels, together with her damages, &c. to be adjudged to her, c.: And 2djoinder in de the faid Elizabeth, as to the faid plea of the faid Elizabeth by her above pleaded by way of reply as to the faid plea of the faid William by bim firft above pleaded in bar, to the faid avowry of the faid Elizabeth by her laftly above made, faid, that the faid plea fo pleaded by way of reply and the matters therein contained were fufficient in law for the faid Elizabeth to have a return of the faid. goods and chattels to be adjudged to her, &c. ; which faid replication and the matters therein contained the faid Elizabeth was ready to verify and prove as the court should award; and because the faid William had not answered the faid replication, nor till then denied the fame, the faid Elizabeth as before prayed judgment and a return of the faid goods and chattels, together with her damages, &c. to be adjudged to her, &c.; and fuch proceedings Taliter proceffum were thereupon afterwards had in the faid court of our lord the fuit. king, before the king himself (the faid court then and ftill being held at Westminster, in the county of Middlesex) in the plea aforefaid, that afterwards, to wit, in Trinity term in the faid twelfth year of the reign of our lord the now king, by the confideration and judgment of the faid court there, it was confidered that the faid William Lucas should take nothing by his writ, but avowant. that he and his pledges to profecute fhould be in mercy, &c. and Mercy, &c. that the faid Elizabeth Hardy might depart the faid court with demurrer. Judgment for out day for ever difcharged therefrom; and that the faid Eliza- Retorno habendo. beth Hardy should have a return of the faid goods and chattels, &c. as by the record and proceedings thereof ftill remaining in &c. the court of our lord the king, before the king himfelf (the faid As by record, court then and ftill being held at Weftminster, in the county of C 2 Mid fendants notice, &c. Which judg ment ftill mains, &c. made a return, &c. ing to the form 11. G. 2. c. 19. 8.23. Of all which de- Middlesex aforefaid), more fully appears; of all which said several had premifes the faid William, Charles Lucas, and Francis afterwards, to wit, on the twenty-fixth day of June, in the year 1772, at the parish of St. Giles's in the Fields aforefaid, had notice; which faid judgment ftill remains in the faid court of our lord the re- king, before the king himself, at Westminster aforefaid, in full force, ftrength, and effect, in nowife reversed or made void: And W. L. hath not the faid Elizabeth in fact faith, that the faid William Lucas hath not yet made a return of the faid goods and chattels, or any part thereof, according to the form and effect of the faid condition of the faid writing-obligatory, but the doing thereof hath hitherto neglected, and therein wholly failed and made default, Bond forfeited whereby the faid writing-obligatory became forfeited to the faid to fheriff, and John Wilkes and Frederick Bull, then fheriff of the faid county they affignedit to of Middlesex, and the fame being fo forfeited, the faid John plaint ff, accord. Wilkes and Frederick Bull, then fheriff of the faid county of of the ftatute, Middlefex, afterwards, to wit, on the twenty-feventh day of June, in the year of Our Lord 1772, at the parish of St. Giles's in the Fields, in the county aforefaid, at the request, cofts, and charges of the faid Elizabeth, the avowant in the faid fuit, affigned the faid writing-obligatory to the faid Elizabeth, according to the form of the ftatute in fuch cafe made and provided, by then and there indorfing that affignment on the faid writing-obligatory, and attefting the fame under the feal of office of the faid theriff of the faid county of Middlesex, in the prefence of two credible wit neffes, according to the form of the ftatute in such case made and provided, and now alfo fhewn to the court of our lord the king, before the king himself here, the date whereof is the fame day and Per quod, &c. year laft aforefaid, more fully and at large appears; by means of accrevit, which faid premifes, and by force of the ftatute in such case made and provided, an action hath accrued to the faid Elizabeth, as affignee of John Wilkes and Frederick Bull, late fheriff of the faid county of Middlesex, to demand and have of and from the faid William Lucas, Charles Lucas, and Francis Leicester, the faid Common fixty-four pounds feven fhillings above demanded; yet the faid clufion in debt. William Lucas, Charles Lucas, and Francis Leicefter, although often requested, &c. have not, nor hath either of them yet paid the faid fixty-four pounds feven fhillings above demanded, or any part thereof, either to the faid John Wilkes and Frederick Bull, late sheriff of the county of Middlefex aforefaid before the faid affignment, or to the faid Elizabeth Hardy, affignee as aforefaid fince the faid affignment, or to either of them, but they or either of them to pay the fame or any part thereof to the faid John Wilkes and Frederick Bull, or to the faid Elizabeth, or to either of them, have, and each of them hath hitherto wholly refused, and still do, and each of them doth wholly refuse to pay the fame or any part thereof to the faid Elizabeth, affignee as aforefaid, to the faid Elizabeth, affignee as aforefaid, her damage of twenty pounds; and therefore the brings her fuit, &c. actio con J. MORGAN. I apprehend |