It appeared by recital in the condition of the bond, that Clarke being charged with begetting a baftard child in the parish of Cransford, the plaintiffs took him up, and were carrying him to gaol, by virtue of a juftice's warrant, because he could not find fecurity to that parifh for the maintenance of the woman and child; whereupon the defendant, who married the fifter of Clarke, (at her request, and to fave him from a gaol) gave the bond in question.

The woman never had any baftard child by Clarke; but afterwards the becoming chargeable to the parish of Cransford, this action was brought.

It was moved by Serjeants Forfter and Jephfon, that judgment might be arrested; because it appears upon the face of the condition, that this bond is in eafe of the parish of Cransford; is an apparent fraud upon the parish of Saxted, and all other parishes; is a bond against the law, and therefore void.

But it was answered by Whitaker, the King's ferjeant, and refolved by the court, that the bond was a good bond; that nothing illegal appeared therein, nor was the fame obtained by the plaintiffs through any unlawful or corrupt means. And judgment was given for the plaintiffs.

Hatch verfus Cannon. In Formedon. May 18, 1770.

UPON the 12th of May, the tenant pleaded antient demefne There muft without an affidavit to verify the fact; the demandant be an affidaconfidering the plea without fuch affidavit as a nullity, yesterday the fact in a vit to verify moved for, and had a peremptory rule to plead; whereupon Ser- plea of anjeant Forfter now moved, that the peremptory rule to plead tient demight be discharged, infifting that an affidavit to verify the fact mene. in the plea was not neceffary; and cited 2 Ld. Raym. 1418. where it was fo ruled. But, per Curiam, an affidavit is neceffary wherever you plead to the jurifdiction of the court; and for any thing that appears to us, the lands in queftion may be parcel of the manor itself which is antient demeine, and fuch lands are pleadable at common law; but if they are lands held of a manor which is antient demefne, then indeed they are not pleadable at common law. The peremptory rule to plead muft ftand.

Debt upon a bond against the executors of an executrix of the

obligor.

Oyer of the obligation and condi

tion, defen dants plead payment by the executrix

Lockyer, Efq. verfus Coward and another, Exccutors of
Frampton, Widow, Executrix of Frampton. C. B.

Somerfeshire FAB

(to wit).

AMES COWARD, late of, &c. and Simon. Bartlett, late of, &c. executors of the laft will and teftament of Hefter Frampton widow, deceafed, who was in her life-time executrix of the last will and teftament of Richard Frampton, her then late husband deceased, were fummoned to anfwer unto Thomas Lockyer, Efq. of a plea that they render to the faid Thomas 600l. of lawful money of Great Britain, which they unjustly detain from him, &c. And thereupon the faid Thomas, by James Upton his attorney, fays, that whereas the faid Richard, by the name of Richard Frampton the younger, in his life-time to wit, on the 18th day of July, in the year of our Lord 1751, at Yeovil in the county aforefaid, by his certain writing obligatory, acknowledged himself to be held and firmly bound to the faid Thomas, in the aforefaid 600l. to be paid to the faid Thomas, when he the faid Richard in his life-time fhould be thereunto required; yet the aforefaid Richard in his life-time and the faid Hefter in her life-time, after the death of the faid Richard, and the faid James and Simon, or either of them, after the death of the faid Ifter, (although often requefted) have not rendered, neither hath any of them rendered the aforefaid 600l. to the faid Thomas; but the faid Richard in his life-time, and the faid Hefter in her life-time after the death of the faid Richard, heve denied to render the fame to the faid Thomas, and the faid James and Simon, after the death of the faid Hefter, do yet deny to render the fame to the faid Thomas, and unjustly detain the fame; whereupon the faid Thomas faith that he is injured, and hath damage to the value of 20l. and therefore he brings fuit, &c. And the faid Thomas brings here into court the writing obligatory aforefaid, which teftifies the debt aforefaid, in form aforefaid, the date whereof is the day and year abovefaid, &c.

To this declaration the defendants, by leave of the court, pleaded four pleas: 1ft, They craved oyer of the obligation and condition, and fet forth the fame; which being read and heard, the defendants fay, that the plaintiff aclio non, &c. because, they fay, that after the death of the faid Richard Frampton, and after after the day. the 18th day of January in the faid condition mentioned, and in the life-time of the faid Hfler, to wit, on the 15th day of July, in the year of our Lord 1765, at Yeovil aforefaid, fhe the faid Hefter, executrix aforefaid, paid to the faid Thomas the faid principal fum of 300l. mentioned in the faid condition, with

all

all intereft then due for the fame, according to the form of the ftatute in fuch cafe made and provided. And this, &c. wherefore, &c.

and the exe

and indebted

2d Plea. They fay, that plaintiff actio non, &c. because they 2d Plea. fay, that after the death of the faid Richard Frampton, and after That plaintiff the faid 18th day of January, in the faid condition mentioned, cutrix did acand in the life-time of the faid Hefter, (to wit) on the faid 15th count tǝgeday of July, in the year of our Lord 1765 aforefaid, at Yeovil ther. aforefaid, there was due and owing from the faid Hefter, as executrix as aforefaid to the faid Thomas, on the faid writing obligatory, by the condition thereof, the faid principal fum of 300l. in the faid condition mentioned, and the fum of 941. 75. 9d. for intereft thereof to that day, and no more, making together the fum of 3941. 75. 9d. and that the faid Hefter in her lifetime, and the faid Thomas Lockyer, then and there accounted together, as well of and concerning the faid money so due and owing to the faid Thomas, from the faid Hefter, as executrix as aforefaid, upon and by virtue of the faid writing obligatory by the faid condition thereof, as of and concerning divers other fums of money then due and owing from the faid Hefter in her own right, to the faid Thomas, as alfo of and concerning divers other fums of money then due and owing from the faid Thomas to the faid Hefter, in her own right; and that upon the faid ac- And that she counting together as aforefaid, the the faid Heller was then and was in arrear, there found to be in arrear and indebted to the faid Thomas, in the fum of 4661. including therein the faid principal and in- 4661. for tereft then due on the faid writing obligatory, by the condition which the thereof, and being fo found in arrear and indebted as aforefaid, bond and the the faid Hefter in her life-time, afterwards, (to wit) on the warrant of fame day and year laft aforefaid, at Yeovil aforefaid, at the in- attorney to confefs judg ftance and requeft of the faid Thomas, figned, fealed, and as her acts and deeds delivered to the faid Thomas, a certain writing he received in obligatory called a bond, in the penal fum of 9327. bearing date the fame day and year laft aforefaid, with a condition thereunto fubfcribed for the payment, to the faid Thomas, of the faid fum of 466/. at a certain time therein mentioned; and a certain other deed or inftrument, called a warrant of attorney, to confefs judgment, bearing date alfo the fame day and year laft aforefaid, directed to certain perfons therein named, as being then attornies of his Majefty's court of Common Pleas at Weftminfter refpectively, or to any other attorney of the fame court, and thereby impowered them or any one of them, or any other attorney as aforefaid, to appear for her the faid Hefter, in his faid Majefty's court of Common Pleas at Westminster, as of Trinity term then laft paft, and to receive a declaration against her the faid Hefter, at the fuit of the faid Thomas, in a plea of

E 3

debt

to plaintiff in

gave him a

ment, which

fatisfaction,

which judg

tered of re

cord,

debt on the faid bond for the faid 932/. in which faid fum the faid 3941. 75. gd. was then and there included, and to fuffer judgment to go against her in fuch fuit for the faid debt, by default or otherwife; and then and there, at the faid inftance and request of the faid Thomas, delivered the faid deed or inftrument fo executed by her as aforefaid to the faid Thomas, in full fatisfaction and discharge of the faid money fo then due and owing to the faid Thomas, on the faid bond now brought here into court, and which faid writing obligatory fo made by the faid Hefter, and the faid deed or inftrument, called a warrant of attorney, to confefs judgment thereon, fo executed as aforefaid, he the faid Thomas then and there received, had and accepted, of and from the faid Hefter, in full fatisfaction and difcharge of the faid money fo then due and owing on the faid bond or writing obligatory now brought here into court; and the faid James and Simon further fay, that the faid new bond and deed, or inftrument called a warrant of attorney to confefs judgment, fo being executed, delivered and accepted, in manner and on the occafion aforefaid, he the faid Thomas afterwards, (to wit) on the fame day and year laft aforefaid, at Yeovil aforefaid, ment was en caufed the faid judgment to be entered up of record in the faid court of Common Pleas of our lord the King at Westminster, against the said Hefter, as of Trinity term, in the fifth year of the reign of our lord the now King, for the faid 93?l. debt, and 50s. which were awarded to the faid Thomas in and by the faid court of Common Pleas, as for his damages by him sustained on occafion of detaining of that debt, as by the record and proceeding thereof, ftill remaining in the faid court of our lord the now King of the bench aforefaid, at Westminster aforefaid, more fully appears; and the faid James and Simon further fay, that the faid judgment ftill remains in the faid court of the bench and a writ of aforefaid, not fet afide, reversed, or any way annulled or made fieri facias void; and that he the faid Thomas, for the obtaining execution was executed of the faid judgment, afterwards, in the life-time of the faid goods of the Hefter, fued and profecuted out of his faid Majefty's court of Executrix for the bench aforefaid, at Westminster aforefaid, as of the faid the debt and Trinity term in the fifth year aforefaid, a certain writ of our lord the now King, called a fieri facias, at the fuit of the faid Thomas, upon the faid judgment against the faid Hefter in her life-time, directed to the then fheriff of the faid county of Somerset, and tefted the 22d day of June, in the fifth year aforefaid, being the laft day of that faid Trinity term, by which faid writ our faid lord the King commanded the faid then sheriff of the faid county of Somerfet, that of the goods and chattels of the faid Hefter in his bailiwick, he should cause to be made the faid debt and damages fo recovered as aforefaid, and whereof the faid Hefter had been convicted, as it appeared in the faid court of

upon the

damages.

the

the bench aforefaid, of record; and that he fhould have that money before the faid King's juftices of the bench at Westmin fter, on the morrow of All Souls then next coming, to fatisfy the faid Thomas his faid debt and damages; and that the faid then fheriff fhould have there then that writ; afterwards, and before the return thereof, (to wit) on the first day of September, in the year of our Lord 1765 aforefaid, at Yeovil aforefaid, the fame writ was delivered to Paris Taylor, Efq. who then and there and from thence until, and at and after the return of the faid writ was sheriff of the faid county of Somerfet, to be executed in due form of law; by virtue of which faid writ the faid then faid fheriff of the faid county of Somerfet, afterwards, and before the return of the faid writ, (to wit) on the 2d day of September, in the year of our Lord laft aforefaid, within his bailiwick, (to wit) at Yeovil aforefaid, did caufe to be made of the goods and chattels then of the faid Hefter in his bailiwick, the debt and damages aforefaid, in form aforefaid recovered, and this they are ready to verify; wherefore they pray judgment, if the faid Thomas ought to have or maintain his aforefaid action thereof against them, &c.

The third plea is the fame as the fecond plea, except that the 3d Plea like third doth not set forth a fieri facias issued and executed.

the fecond, except, &c.

goods of the

By the fourth plea by leave of the court, the defendants fay, 4th Plea, that the plaintiff actio non, &c. except as to 10l. parcel, &c. Plene adminibecause they fay that they the faid James and Simon have fully Bravit except adminiftered all and fingular the goods and chattels which were value of 10l. of the faid Richard Frampton, at the time of his death, which have ever come to the hands of the faid James and Simon, or either of them, to be adminiftered, except goods and chattels to the value of 10.; and that the faid James and Simon have not, nor hath either of them, nor had they or either of them on the day of fuing out the original writ of the faid Thomas, or at any time fince, any goods or chattels which were of the faid Richard Frampton, at the time of his death, in their or either of their hands to be adminiftered, except the faid goods and chattels to the value of the faid 10l. and this they are ready to verify; wherefore they pray judgment if the faid Thomas ought to have or maintain his aforefaid action thereof against them, except as to the faid 10/. &c.

J. Burland.

And the faid Thomas, as to the faid firft plea of the faid Replication James and Simon, by them firftly above pleaded in bar, faith to the firft Plea, quod that he by reafon of any thing in that plea alledged ought not non folvit post to be barred from having his aforefaid action thereof against diem, &c.