1 affured, to wit, at, &c. And the faid Samuel and WilJiam Cooper further fay, that the faid premifes in the faid deed or policy mentioned, at the time of the making of the faid deed, were not, nor at any time fince have been infured in any other office; and that the fame premifes in the faid deed or policy mentioned, were infured at a lower premium than propofed in the table in the faid Propofals mentioned. And the fail Samuei and William Cooper further fay, that the faid William Ingram did forthwith after the faid lofs, to wit, on, &c. at, &c. give notice thereof to the faid Society, at their faid office, and alfo as foon as poffible afterwards, to wit, on, &c. did there deliver in as particular an account of his faid lofs and damage as the nature of the cafe would admit of; and did then and there make proof of the fame by his oath and affidavit in writing, according to the form practifed in the faid office, and by fuch other proper vouchers as were reasonably required. And the faid Samuel and William Cooper further fay, that the minifter of the parish of, &c. in which the aforefaid dwelling-houfe of the faid William Ingram was fituate, long before, and at the time of the lofs herein before mentioned, dwelt and refided at a distance from and out of the faid parish, and was and ftill is wholly unacquainted with the character and circumftances of the faid W. Ingram, and wholly unable to make fuch certificate as by the faid policy is required; but that the faid William Ingram afterwards, to wit, on, &c. at, &c. did procure, and did deliver at the faid office, a certificate under the hands of William Thomas Lecoq, &c. &c. then, and at the time of the faid lofs, being reputable inhabitants of the faid patifh, who were not concerned in the faid lofs, importing, that they knew the faid W. 1. late of, &c. linen-draper, and did beJieve that he by misfortune, and without fraud, did, on, &c. fuftain a confiderable lofs and damage, by his dwelling-house and the ftock and effects thereon, or great part thereof, being confumed by fire; of all which faid premifes the faid Calverly, &c. afterwards, to wit, on, &c. had notice from the faid William Ingram. And the faid Samuel and William Cooper further fay, that the faid William, before he became a bankrupt, and the faid Samuel and William Cooper, aflignees as aforefaid, fince the time of the faid W. I. became a bankrupt, have always been ready and willing to fubmit all matters in difference between him and them refpectively and the faid office touching the faid lofs to the arbitration of arbitrators, indifferently to be chofen between them. And the faid Samuel and William Cooper further fay, that although the faid W. I. before he became a bankrupt, and the faid Samuel and William Cooper, affignees as aforefaid, fince the faid W. I. became a bankrupt,' have refpectively in all things conformed himfelf and themfelves to and concerning all and fingular the ftipulations, matters, or things, which on his or their parts were to be obferved and performed to the utmost of their power, according to the form and effect of the faid deed or policy of infurance, and of the faid Propofals: and although the ftock or fund of the faid Society Society always hath been and yet is fufficient to pay the faid lofs fuftained by the faid W. I. by reason of the said fire, yet the faid W. I. before he became a bankrupt, was not, nor have the faid Samuel and William Cooper, affignees as aforefaid, at any time fince the faid W. I. became a bankrupt, hitherto out of the stock and fund of the faid Society, or in any other manner, been repaid or reimbursed the faid lofs, or any part thereof, but the fame and every part thereof is ftill wholly in arrear and unpaid, contrary to the form and effect of the faid Calverly, &c. by them in that behalf made as aforefaid: and fo the faid Samuel and William Cooper, affignees as aforefaid, fay, that the faid Calverly, &c. (although often requested) have not kept with the faid W. I. before he became a bankrupt, nor with the faid Samuel and William Cooper, affignees as aforefaid, fince the faid W. I. became a bankrupt, the covenant made between the faid W. I. before he became a bankrupt, and the faid Calverly, &c. in that behalf as aforefaid; but the faid Calverly, &c. have broken the fame, and ftill refuse to keep the fame with the faid Samuel and William Cooper, affignees as aforefaid, to the damage, &c. &c. First, Non eft factum. Second, Actio non, Because they fay, plea, that the faid houfhold goods, utenfils, ftock, and goods in pledge, befides plate, jewels, and wearing apparel, china and glafs, in the faid declaration mentioned, and by the faid plaintiffs above fuppofed to have been burnt, confumed, and deftroyed by fire in the faid dwelling-house, were not, nor any part thereof burnt, confumed, or deftroyed by fire in the faid dwelling-house, in manner and form as the faid plaintiffs have in their faid declaration above alledged. And of this they put themfelves upon the country, &c. Thirdly, Actio non, Becaufe they fay, that the faid dwellinghoufe at the faid time, when, &c. in the faid declaration mentioned, was fraudulently fet on fire by the faid plaintiffs, with intent to defraud them the faid defendants. And this they are ready to verify. Wherefore, &c. if, &c. F. BULLER This declaration is in covenant, yet I have given it here as if policies of affurance was a diftinct head not classed un der Affumpfit; but the ftudent will find it under its proper head, CovENANT, In the INDEX. END OF THE FIRST VOLUME. GENERAL DIVISIONS OR HEADS, AND LEADING 5. Heir. (7) 6. Infant. (8) 7. Joint Contractors (See Partners). (9) 8. Jointenants and Tenants in Common (See Non- Tenure-Sole Tenure. 9. No fuch Perfon in being. (11) } (12) 10. Other Perfons not named (See Executors and Admi- niftrators). 11. Partners (See Joint Contractors). (13) 2. Of Defendant. 1. Baron and Feme. (14) 2. Coverture. (15) 3. Executors and Administrators (See other Perfons not} (16) 4. Heir. (17) 5. Infancy. (18) 6. Joint Contractors (See Partners). (19) 7. Lointenants and Tenants in Common (See Non-} (20) Tenure-Sole Tenure). 8. Partners (See Joint Contractors). (21) III. To 4. Mifprifion of (25) } The Vill or Hamlet, Parish, Hundred, and } (26) 5. No fuch Vill. (27) 6. Variance 2. To the Aion of the Writ. 1. Action mifconceived. (30) 2. Another Caufe of Action depending. (31) 3. Things done after the original Purchase, and exhibit- 4. Non-Summons. (33) 5. Non-Tenure. (34) 6. Sole Tenure. (35) Pleas in Abatement,-1. Puis darrein Continuance. (36) 2 In Quare Impedit. (37) 3. In Replevin. (38) 4. In Scire Facias. (39) Demurrers to Pleas in Abatement. (See Demurrers to Pleas.) Procefs in (See Practical Forms). I. Jurifdiction. (1) I. Local. -}(32) VOL. 10. The jurifdiction of the feffions for the Tower Hamlets 18. Plea in abatement to an indictment in B. R. that the house is PRECEDENTS in take |