The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

The Writ against a Receiver.

* 1.1Rex, &c. pr. A, quod juste, &c. reddat B ratio∣nabilem computum suum de tempore quo fuit Re∣ceptor denariorum ipsius B,* 1.2 &c. Regist. orig. 135. & ibidem B. vide diversa brevia de computo versus Re∣ceptorem.* 1.3

But there is another form of a Writ founded upon the Statute of Marlebridge, cap. 23. Nat. br. 117. H. Regist. orig. 136. B.

A good plea to the Writ, that he was Baily and not Receiver, for otherwise he shall be twice charged, viz. as Baily and Receiver, 3 Edw. 3.70. pl. 28. 18 Edw. 4.3. pl. 17. which the Law judges unreasonable, and will prevent by making the Writ certain.

A good plea to the Writ, that he was Guardian in Soccage, 18 Edw. 4.3. pl. 17. and so not pro∣perly a Receiver, as the Writ supposeth.

The Writ shall be always general, and if the cause be special, it shall be set forth in the Count, Nat. br. 118.* 1.4 F.

The Defendant pleads the Receipt by deed, and demands judgment of the Writ without shewing it, this is no plea to the Writ; because the Receipt and not the Deed is the cause of Action, and he

hath confessed the Receipt, and the Deed appears not to the Court, 1 Hen. 6.8. 28 Hen. 8. Dyer 20. pl. 121. But 9 Edw. 4.50. B. per Choke contra 2. Hen. 6.9. quaere.

No plea to the Writ, if it do not agree with the Plaintiff concerning the manner of the Re∣ceipt, 4 Hen. 6.12. pl. 4.

Notes

• * 1.1

  In Comita∣tu.
• * 1.2

  In Com. Ban.
• * 1.3

  Writat the Com. Law, by the Stat. of Marleb. cap. 29.
• * 1.4

  Q.