*

complainant (again meaning the said T. G.) he would have noth ing more to do with him; and this defendant (again meaning himself the said J. B.) demanded from the said complainant, (again meaning the said T. G.) the money he and his wife had received on account of the liquor and beer sold in the said house, but the said complainant (again meaning the said T. G.) refused [*390] to pay the same, and still retains the same or has applied it to his (again meaning the said T. G.'s) own use; and this defendant (again meaning himself the said J. B.) has always been ready to pay to the said complainant, (again meaning the said T. G.) the residue of the said 361., upon being allowed the money the said complainant (again meaning the said T. G.) and his wife received for liquor and beer as aforesaid, and this defendant (again meaning the said J. B.) saith he (again meaning himself the said J. B.) has not ever since the 22d day of November, 1803, been in the occupation of the said messuage or tenement, called the Red Lettuce, but the same has been let, and this defendant (again meaning the said J. B.) has been in the receipt of the rents and profits thereof; and this defendant (again meaning himself the said J. B.) submits that he (again meaning himself the said J. B.) ought not under the circumstances aforesaid, to be compelled to account for all the sums of money received by him since the said, &c. for, or in respect of the rents and profits of the said premises or any part thereof, for the defendant (again meaning the said J.. B.) says that the agreement which is in the said bill (meaning the said bill of complaint of the said T. G.) alluded to have been signed by him, is not according to the verbal agreement entered into between this defendant, (again meaning himself the said J. B.) and the said complainant, (again meaning the said T. G.) and this defendant (again meaning himself the said J. B.) did not know what was the contents of the paper, (meaning the said paper) he (again meaning himself the said J. B.) signed, except that he (again meaning himself the said J. B.) conceived it to be an agreement for a partnership between the said complainant (again meaning the said T..G.) and this defendant, (again meaning Reference himself the said J. B.) As by the said answer of him the said J. B. swer filed. still remaining in the said court of chancery aforesaid, at Westminster aforesaid in the county aforesaid, amongst other things will more fully appear; whereas in truth and in fact, the said J. B. at the time of his so signing the said paper and of his making oath and

to the an

Assignments of perjury.

swearing as aforesaid, was acquainted with and well knew the contents of the said paper so by him signed as aforesaid; and whereas In truth and in fact, before the said J. B. so signed the said paper as aforesaid, the same, was read to him, to wit, at the said parish of St. Andrew, Holborn, aforesaid, in the county aforesaid; and whereas in truth and in fact, the said J. B. at the time when he so signed the said paper as aforesaid, and making answer and swearing as aforesaid, well knew that the said paper contained the said agree. ment in the said bill of complaint mentioned, and that the same paper did not contain any articles of partnership between him the said J. B. and the said T. G., to wit, in, &c. aforesaid; and whereas in truth and in fact, the said J. B. at the time of his making * oath and swearing as aforesaid, well knew that the said W. H. [*391] had been employed by the said T. G. to let the said public house in the said answer of him the said J. B. mentioned, to wit, in, &c. aforesaid; and whereas in truth and in fact, the said agreement in the said bill of complaint mentioned and alluded to have been signed by him, was and is according to the verbal agreement entered into between the said J. B. and the said T. G., as he the said J. B. at the time of his so signing the said paper and making oath and swearing as aforesaid, well knew, to wit, in, &c. aforesaid.And so the jurors aforesaid, upon their oath aforesaid, do say that Concluthe said J. B. on the said, &c. at the parish of St. Andrew, Hol- sion. born, aforesaid, in the county of Middlesex aforesaid, upon his oath aforesaid, before the said A. P. (he the said A. P. then and there being one of the masters of the said court of chancery, and then and there having sufficient and competent power and au thority to administer an oath to the said J. B. in that behalf) falsely, wickedly, maliciously, knowingly, wilfully, and corruptly, in manner and form aforesaid, did commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of our said lord the king and his laws, to the great damage of the said T. G., to the evil example of all others, and against the peace of our lord the now king, his crown and dignity.

[*397] *IN COURTS OF EQUITY.—IN ANSWER TO INTERROGATORIES.

For per

swer to in

That one E. F. heretofore, to wit, on, &c. did exhibit certain jury in an interrogatories in writing, in his majesty's high court of chanterrogato. cery, at W. &c. in a certain cause before then commenced by bited in English bill of complaint, and then depending and at issue in the chancery. said court, after certain pleadings and proceedings had been (q)

ries exhi

[*398]

had therein, in which said suit one C. D. was complainant, and the said E. F. was respondent, in order that the said interrogatories might be administered, according to the course and practice of the said court, to certain witnesses, to be produced, sworn, and examined in the said cause, on the part and behalf of the said E. F. the said defendant, therein touching and concerning a certain written paper, purporting to contain an agreement for the lease of a certain house and premises therein mentioned, from the said C. D. to the said E. F., and also touching and concerning a certain other written paper, purporting to be the draft of such lease. And the jurors, &c. do further present, that it became and was made a material question in the said cause between the said parties, and to be deposed to by the said witnesses, in answer to the said interrogatories, whether the said C. D. had observed or declared that he would release the said E. F. from the said agreement, or had released him from the performance thereof, or relinquished, abandoned, or given up the same, and in and by one of the interrogatories exhibited as aforesaid, the said witnesses were interrogated as follows, that is to say, [here copy the interrogatories, with necessary innuendoes.] And the jurors, &c. do further present, that A. B. late of, &c. and one of the witnesses to whom the interrogatories in the said cause were to be, and were accordingly, afterwards, to wit, on, &c. at, &c. administered, then and there came in his own proper person, before, &c. then being an examiner in the said court of chancery, and having seen and understood the said interrogatories so exhibited in the said court as aforesaid, then and there to wit, on, &c. last aforesaid, at, &c. aforesaid, before the said, &c. he then and there,

(9) This is a MS. precedent in the collection of a gentleman at the bar,

see also 4 Wentw. 292. post, and notes, ante 302* to 318*.

being such examiner in the said court of chancery as aforesaid, and then and there having sufficient and competent power and authority to administer an oath to the said A. B. in that behalf, was duly sworn and took his corporal oath on the Holy Gospel of God, before the said, &c. so being such examiner, and having such power, &c. And the said A. B. then and there, on his said oath before the said examiner did swear, that he the said A. B. would true answer make to all such questions as should be asked him upon those interrogatories at the time of his examination, that he would speak the truth, the whole truth, and nothing but the truth, without favour or affection to the said parties in the said cause. And the jurors, &c. do further present, that the said A. B. afterwards, to wit, on, &c. was duly examined in the said high court of chancery, at, &c. aforesaid, to wit, at, &c. aforesaid, according to the course and custom of the said court, upon the said interrogatories, and that he the said A. B. *not having, &c, [*399] but being moved and seduced, &c. and minding and intending unjustly to aggrieve the said C. D. the complainant aforesaid, did then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, in his answer to the said fourth interrogatory, knowingly, falsely, wickedly, and corruptly, by his own act and consent, amongst other things, answer, swear, and affirm in writing as follows, that is to say, [here state the answer, with necessary innuendoes.] As by the said answer of the said A. B. to the said fourth interrogatory, remaining affiled in the said high court of chancery at W. aforesaid, reference being thereunto had, will amongst other things more fully appear. Whereas in truth and in fact, the said complainant C. D. did not at the time, or on the occasion mentioned in or alluded to by the said deposition of the said A. B. or at any other time, or on any other occasion whatsoever, say or observe to the said A. B. that if E. F. had any thing to object, respecting the said agreement and lease, he the said C. D. would release him from the said agreement on his paying the expense incurred; and whereas in truth and in fact, the said C. D. did not release the said E. F. from her said agreement; and whereas in truth and in fact, the said A. B. did not at that or any other time, or on any other occasion whatsoever, say to, or inform the said C. D. that if the said E. F. was not permitted to keep a school in the said house and premises, what had been theretofore done, was, or must be considered as null and void, or make any declaration

For per. jury in an

answer to

to that or the like effect. And so the jurors aforesaid, &c, say, that the said A. B. on, &c. at, &c. before the said, &c. then and there being such master, and having such power, &c. to administer the said oath to said A. B. as aforesaid, of his own act and consent, and of his own wicked and corrupt mind and disposition, knowingly, falsely, wickedly, wilfully, and corruptly, in manner and form aforesaid, upon his oath aforesaid, in and by his answer to the said interrogatory, and his deposition aforesaid, did commit wilful and corrupt perjury, to the great displeasure, &c. in contempt, &c. to the great damage, &c. [as ante 391*].

That M. E. B. commonly called the countess of S. on, &c. did exhibit certain interrogatories in writing in his majesty's high interroga court of chancery (the said court then and still being held at W. tories in chancery. in the county of M.) in a certain cause, then and long before com(r)

menced by English bill of complaint, then depending and at issue in the said court of chancery, wherein the said M. E. B. commonly called the countess of S. by W. L. esquire, her next friend, [*400] was the complainant, and A. R. B. esquire, H. B., T, G., *esquire, W. B. esquire, and G. S. esquire, the defendants, in order that the said interrogatories might be administered according to the course and practice of the said court of chancery, to certain witnesses to be produced, sworn, and examined in the said cause, so then depending and at issue on the part and behalf of herself the said M. E. B. the said complainant. And the jurors, &c. do further present, that it became and was made a material question between the said parties in the said cause, to enquire in and by the said interrogatories so exhibited, touching and concerning a certain deed or instrument in the complainant's bill, in the said cause mentioned, and the time of executing the same; and also touching and concerning a certain marriage before then had and solemnized between the said M. E. B. and the said A. R. B. and touching and concerning the cause and consideration of the said deed or instrument, and whether such deed or instrument was prepared or got ready for execution, in contemplation of the said marriage, and after the said M. E. B. had consented to such mar riage, and it was then and there, in and by the third interrogatory of the said interrogatories so exhibited by the said M. E. B.

(r) See 4 Wentw. 292. and the last precedent and notes, ante 302* to 318.