A survey of the law. Containing directions how to prosecute and defend personal actions, usually brought at common law. With the judges opinions in several cases. To which is annexed, the nature of a writ of error, and the general proceedings thereupon. With a plain table for the easy finding out of every particular. / By Wiliam Glisson and Anthony Gulston [brace] Esquires, [brace] baristers at law.

Bar by a Receiver. 1. to an Action of Account. 2. before Auditors.

The Defendant pleads, he bought the goods of the Plaintiff, and he brought this Action for them, a good Bar, 14 Hen. 4. 19. Pl. 21.

The Defendant pleads, that it was agreed that he should be bound to the Plaintiff for the principal and use, the which he did, this is a good Bar, 22 Hen. 6. 55. Pl. 32. for this drowns the contract: otherwayes he ought to plead this before Auditors.

So if the Plaintiff grant, that if the Defendant pay 20 l. will withdraw his Action, a good Bar:

because by way of Accord, 7 Edw. 3 325. Pl. 11. 18 Edw. 3. 39. Pl. 35.

No plea that he put it in a bag, and that the Plaintif agreed that he should keep it in liew of a debt; because the Receit for account-render is confessed, 28 Hen. 6. 7. Pl. 9.

The Count was that he did account of such a Sum such a day, and year, and place, before A. and B. Auditors assigned by the Plaintiff, a good Bar, Lib. Intra. 19. D. Sect. 3. 25 Edw. 3. 39. Pl. 1. 2 Edw. 3. 45. Pl. 13.

Count of divers sums received between such and such a day, and pleads to parcel of the time, that he hath fully accounted, and to the Remainder that he was not his Receiver, there he ought to shew of what he had accounted, 30 Edw. 3. 1. Pl. 4.

That he accounted to the Plaintiff from three moneths to three moneths a good Bar, 39 Edw. 3. 5. Pl. 22.

A good Bar that he did account 1^o April. but then he ought to say, without that, that he was his Reciever before or after, 21 Edw. 4. 66. Pl. 47 7 Hen. 4. 14. Pl. 17. 45 Edw. 3. 14. Pl. 13. 34 Hen. 6. 44.

Counts that he was Receiver for seven years it is no Bar, that he accounted 1^o Maii Anno 5^o without answering for the two other years be∣cause he is to answer for the whole time, as well for the increase as principal, 7 Hen. 6. 5. Pl. 8.

As to 20 s. received 1^o Jun. fully accounted for, and to the receit afterward or before that he never was Receiver, 27 Hen. 6. 1. Pl. 8.

A good Bar quod 21. Jannarii Anno, &c. to D. in the County of W. he fully accounted with the Plaintiff, Lib. Intr. 20. B. Sect. 8, 9, 10. 11. Before the Writ he did account with the Plain∣tiff, a good Bar, 4 Hen. 6. 43. pl. 4.

But he ought to account to the Plaintiff be∣fore he is imprisoned, or else no Bar, 22 Edw. 3. 3. pl. 32. 7 Hen. 4. 14. 34 Hen. 6. 44. pl. 4.

For the Plaintiff cannot commit him to pri∣son, for Westm. 2. cap. 11. gives this only to Au∣ditors, 45 Edw. 3. 14. pl. 13.

Account brought by Executors a good Bar, that they did account to the Testator and shew his acquittances, 1 Edw. 3. 2. pl. 10.

Defendant pleads award by Arbitrators that he redeliver the goods, this is nought; but if he had been charged only with the safety of them, then good, 2 Hen. 5. 2. pl. 6.

Account upon a Receit by other hands, Ar∣bitrament is a good Bar, 22 Hen. 6. 39. pl. 10.

Notes

• Bought.
• Accord.