declaration and other pleadings,) "And thereupon the issue was joined between the said A. B. and the said C. D. E. F. and G. H.; and afterwards, to wit, at the sittings of Nisi Prius held at the Guildhall of the city of London aforesaid, in and for the said city, before the right honourable E. Ld. E. Chief Justice of our said lord the king of the Bench at Westminster, T. S. esq. being associated to the said chief justice, according to the form of the statute in such case made and provided; on the day of in the year of the reign of our said lord the present king, the aforesaid issue so joined between the said parties as aforesaid, came to be tried by a jury of the city of London aforesaid, for that purpose duly empannelled, that is to say, I. K. and L. M. &c. good and lawful men of the said city of London; at which day came there as well the said A. B. as also the said C. D. E. F. and G. H., by their respective attornies aforesaid. And the jurors of the jury aforesaid empannelled to try the said issue being called, also came, and were then and there in due manner chosen and sworn to try the same issue; and upon the trial of that issue the counsel learned in the law for the said A. B. to maintain and prove the said issue, on his part gave in evidence, That" (So set out the evidence on the part of the plaintiff, and then set out the evidence on the part of the defendants, and then proceed as follows) "Whereupon the said counsel for the said defendants did then and there insist before the chief justice aforesaid, on the behalf of the defendants above-named, that the said several matters so produced and given in evidence on the part of the said defendants as aforesaid, were sufficient, and ought to be admitted and allowed as decisive evidence, to entitle the said defendants to the benefit of the statute made in the 24th year of the reign of his late majesty King George the second, entitled, an act for rendering justices of the peace more safe in the executions of their office, and for indemnifying constables and others, acting in obedience to their warrants; and that therefore the said A. B. ought to be barred of his aforesaid action, and the said defendants acquitted thereof, and thereupon the said defendants, by their counsel aforesaid, did then and there pray of the said justice to admit and allow the said matters and proof so produced and given in evidence for the said defendants aforesaid, to be conclusive evidence to entitle the said defendants to the benefit of the statute aforesaid, and to bar the said A. B. of his action aforesaid. But to this, the counsel learned in the law, on behalf of the said A. B., did then and there insist before the chief justice aforesaid, that the matters and evidence aforesaid, so produced and proved on the part of the said defendants as aforesaid, were not sufficient, nor ought to be admitted or allowed to entitle the said defendants to the benefit of the statute aforesaid; or to bar the said A. B. of his aforesaid action, and that neither the said defendants, or any of them, nor the said Earl of H., were or was within the words or meaning of the statute made in the seventh year of the reign of his late majesty King James the first, entitled, an act for ease in pleading against troublesome aud contentious suits, prosecuted against justices of peace, mayors, constables, and certain other his majesty's officers, for the lawful execution of their office, nor of the statute made in the 21st year of the reign of the same late king, entitled, an act to enlarge and make perpetual the act made for ease in pleading against troublesome and contentious suits prosecuted against justices of the peace, mayors, constables, and certain other his majesty's officers, for the lawful execution of their office, made in the seventh year of his majesty's most happy reign; nor of the said statute made in the 24th year of the reign of his late majesty King George the second; nor in any way entitled to the benefit of any of these statutes: And the counsel for the said A. B. further insisted, that the seizure and imprisonment of the said A. B. were not made or done in obedience to the said warrant, nor have the said defendants, or any of them in that behalf, any authority thereby. And the said chief justice did then and there declare and deliver his opinion to the jury aforesaid; that the said several matters so produced and proved on the part of the defendants were not upon the whole case sufficient to bar the said A. B. of his aforesaid action against them, and with that direction left the same to the said jury; and the jury aforesaid then and there gave their verdict for the said A. B., and 3001. damages; whereupon the said counsel for the said defendants did then and there on the behalf of the said defendants, except to the aforesaid opinion of the said chief justice, and insisted on the said several matters and proofs as an absolute bar to the aforesaid action, by virtue of the last mentioned statute: And in as much as the said several matters so produced and given in evidence, on the part of the said defendants, and by their counsel aforesaid objected and insisted on as a bar to the action aforesaid, do not appear by the record of the verdict aforesaid, the said counsel for the aforesaid defendants did then and there propose their aforesaid exception to the opinion of the said chief justice, and request the said chief justice to put his seal to this bill of exception, containing the said several matters so produced and given in evidence on the part of the said defendants as aforesaid, according to the form of the statute in such case made and provided; and thereupon the aforesaid chief justice, at the request of the said counsel for the above-named defendants, did put his seal to this bill of exception, pursuant to the aforesaid statute in such case made and provided, on the of aforesaid, in the year of the reign of his said present majesty." day The above precedent is taken from a bill of exception, which was made use of in the year 1763: but it does not seem necessary to state the whole record in the bill*, provided the bill be tacked to the record; which the statute plainly shews may be done, by say ing, if the exceptions be not in the roll: and there are precedents to warrant this mode of proceeding. * Bull. N. P. 319. AN INDEX TO THE PRINCIPAL MATTERS.. ABANDONMENT: where assured may abandon, where not, 866. notice of abandonment must be given within a reason- where ship is captured, and afterwards recaptured, of nusance by commoner, 389. plea in, in assumpsit, 111. n. ACCEDAS AD CURIAM: nature of this writ, 1063. ACCEPTANCE: of bills of exchange, 293. ACCORD AND SATISFACTION: where it may be pleaded, and how in assumpsit, 112. ACCOUNT: in covenant, 468. action of, where it lies at common law, 1, 2. by statute, 2, 3. how to charge a receiver at common law, 2. how to declare on the statute, 2. lies not against infant, 4. nor by executor against co-executor, ib. evidence on ne unques receiver, ib. auditors, their power, 6. bail, proceeding in default of bail, ib. ACTION ON THE CASE: where case or trespass is the proper remedy, 395 to 402 where trespass or case is to be brought for irregular where trespass or case is to be brought for false im- ADJUSTMENT: nature of, and law relating to, 875. by whom to be granted, 696. where void, ib. n. where administration de bonis non is necessary, 703. during absence of executor beyond sea, 704. pending litigation, 705. what is sufficient evidence of an administration, 678. ADMINISTRATOR: interest of, in property of intestate, 699. what actions may be brought by, 715. what against, 720. what he may plead, 724. how he may lay demise, in ejectment, 655. ADULTERY: where action lies for, 8. of the form of the action, 9. what will bar the action, 11. n. correct statement of Cibber v. Sloper, 11. n. (4). what circumstances will go in mitigation of damages, of circumstances operating in aggravation, 24. when husband and wife live apart, whether action is how statute of limitations is to be pleaded, 14. actual marriage must be proved, 15. new trial, in what cases granted, 25. ADVOWSON: in fee, purchase of, not simony, 506. n. AGENT: where the action must be brought against the agent, if agent has obtained money illegally, he cannot dis- principal is civilly responsible for acts of agent, 740. void by stat. of frauds, 753. parol evidence cannot be given to support an action for ALIEN: wife of alien, who has deserted the kingdom, may be alien enemy cannot sue on a policy of insurance, 850. of bills of exchange, 284. AMERCEMENT: in court leet, debt lies for, 485. what must be averred in the declaration, ib. ANCIENT DEMESNE: must be pleaded within 4 days, 665. Quæ. Whether it is necessary that it should be verified. APPRENTICE: may plead infancy to an action of covenant upon an in- of actions by masters for seducing and harbouring master entitled to wages earned by impressed appren- promissory note given as an apprentice fee, is void, for of commons, 386. |