charges and humbly insists that the said Defendants I. H. W. B. and W. C. having accepted the trusts under the said power of attorney, ought to have paid the said monies arising by such sales as aforesaid (after such deduction as aforesaid) or a competent part thereof, to your Orator, in or towards the re-purchase of the said annuity of £

and that

the said Defendant W. C. having paid the said monies arising by such sales as aforesaid, contrary to the directions contained in the said power of attorney, was guilty of a breach of trust in so doing, and made himself personally liable to answer and pay this annuity to your Orator. And your Orator further charges, that the said J. W. and F. E. were, at or about the time of the making of the said power of attorney, fully apprized of the same, and of the purpose thereof, and did, by a letter written by their solicitor, fully assent thereto. But nevertheless, the said Defendants refuse to comply with your Orator's aforesaid requests. To the end, &c.

Prayer.

And that an account may be taken of all and every the monies which have been received by the said W. C. I. H. and W. B. or by any person by their order, or for their use, for or in respect of such sales as aforesaid. And that the said Defendants may be decreed to pay what shall appear to be due from them respectively, upon the taking the aforesaid account. And that the same, after such deduction as aforesaid, or a competent part thereof, may be paid to your Orator in or towards the repurchase of the said annuity of £ upon the terms provided by the said indenture of the

And for further relief, &c.

day of

J. S.

Pretences and Charges in a Bill for Settlement of Partnership Accounts, where only an Agent for, and no Articles of Copartnership were executed, impeaching the Account which had been delivered by Defendant.

Pretends that he never agreed to enter into partnership with Plaintiff, nor ever subscribed such memorandum or agreement as aforesaid, or any other memorandum or agreement for that purpose, but at other times admitting the contrary thereof to be true, he pretends that he hath constantly, from time to time, duly and regularly accounted with Plaintiff for all the several sums of money received by him, the said Defendant, on account of the said partnership business, and the produce, gains, and profit thereof, and that Plaintiff hath, from time to time, received his share and proportion of such monies, and the clear gains or profits thereof, after deducting the necessary outgoings and expences attending or relating thereto, to the said copartnership business, and that all the accounts relating thereto have been regularly adjusted and settled down to the present time.

Charge contrary,

And that no accounts whatever have been ever adjusted or settled between Plaintiff and Defendant, at any time since the commencement of

the

the said copartnership, in any manner relating thereto, or to the business thereof, nor hath Plaintiff received any sums or sum of money whatsoever from Defendant, on account of Defendant's receipts respecting or relating to the said copartnership, or the gains or profits thereof.

Pretence that Plaintiff hath received Monies.

All which the said Defendant will at other times confess, but then he pretends that Plaintiff, from time to time, since the commencement of the said partnership, received from clients and other persons, on account of the said copartnership, and the business and profits thereof, sundry sums of money to a large amount, in the whole, and greatly exceeding the amount of the several sums received by him, the said Defendant, on the same or the like account, and also exceeding Plaintiff's moiety or share of the clear profits or gains of the said copartnership business.

Charge contrary,

And that the several sums received by Plaintiff, on the account aforesaid, were trifling and inconsiderable, in comparison with the several sums received by Defendant on the same or the like accounts, and that the said several sums so received by the said confederate greatly exceed his moiety or share of the profits, clear gains, and produce of the said copartnership, and that, upon a fair balance of all accounts relating to the matters aforesaid, the said Defendant is justly indebted to Plaintiff in a large sum of money in respect thereof, and so the said Defendant knows, and has reason to believe, and does believe, and so the same would appear in case Defendant would set forth, as Plaintiff humbly insists he ought to do, a full and particular account of all his receipts and payments on account, or in respect of, or relating to the said copartnership business, and the concerns thereof, and would produce all the books of account, and other books and papers in which any entries are made relating thereto, in his custody, possession, or power, but which he nevertheless refuses to do, or to give Plaintiff any account thereof, or any satisfaction relating thereto.

Pretence of an Account delivered.

And at some times Defendant pretends that he hath delivered or sent unto Plaintiff a full, true, and just account of all the said copartnership, and the business or concerns thereof, and he alledges that there are no errors, omissions, or mistakes therein.

Charge.

That notwithstanding Defendant hath delivered unto Plaintiff an account, which he pretends to be an account of all his receipts and payments, in respect of the said copartnership, from the commencement of the said copartnership, and of the business or concerns thereof, yet Plaintiff charges that the said pretended account is, in many respects, false, un

just,

just, and untrue, and that there are divers errors, mistakes, omissions, false and improper charges, items, and particulars therein, to the prejudice of your Orator; and that Defendant hath moreover inserted and taken credit therein for several sums of money, which were not actually paid by him, and also for several other sums which ought not to have been brought into the said account, and with the payment whereof your Orator, or the said copartnership, is by no means chargeable; and in particular, Plaintiff charges that the first schedule annexed or underwritten, and which Plaintiff prays, &c. contains a list of several of the omissions made, or items or articles omitted, to be inserted in the said account, to the prejudice of your Orator; and that the second schedule, hereunto annexed, also contains a list of several overcharges, or improper charges or items, made in the said pretended account so delivered to Plaintiff.

Pretence ready to account.

All which Defendant will at other times admit; but then he pretends that he hath been at all times ready and willing to come to an account with Plaintiff, and to adjust and settle all the accounts relating to the matters aforesaid, without suit or litigation.

Charge.

And Plaintiff further charges that he hath, by himself and other persons, made sundry different applications to Defendant to come to an amicable settlement of the several accounts aforesaid, but that said Defendant hath refused to comply with such applications and requests, and under such or the like, &c.

Pretence and Charge in a Bill to set aside an Assignment of Effects for the Benefit of some Relations, the same being without valuable Consideration, and when Assignor was considerably in Debt.

Sometimes pretends that he hath not, since the death of the said I. I. his late father, deceased, possessed any personal estate or effects which were belonging to him at the time of his death, he the said I. I. not being possessed of, or entitled unto, any personal estate or effects whatsoever, for that the said I. I. some time before his death, and in or about the year executed some deed or deeds, instrument or instruments, in writing, whereby he assigned unto the said W. I., or to some other person or persons in trust for him, or for his use or benefit, or in trust for, or for the use or benefit of some friend or relation of him the said I. I., absolutely, and for a good and valuable consideration, all the personal estate and effects whereof he was possessed, or unto which he was entitled, and that, by virtue of the said assignment, the said W. I., or such other person or persons in whose favour such assignment is pretended to have been made, became well entitled thereto, and the same were accordingly delivered

delivered unto him, or them, by the said I. I. in his life-time, but the particulars of such assignment, or to whom the same was made, the con federate W. I. refuses to discover.

Charge contrary,

And that the said confederate ought to admit assets, &c. on account, &c. And Plaintiff further charges, that in case the said I. I. did really execute any such deed or deeds, instrument or instruments, in writing, as are hereinbefore pretended to have been executed by him, and did thereupon deliver such personal estate and effects to the said W. I., or any other person or persons, (but which Plaintiffs do not admit) the said I. I. was, at the time of the date and execution of the said pretended deeds, indebted to several persons to a considerable amount, and such deed or deeds, instrument or instruments, were or was executed by him, and such personal estate and effects delivered by him, with a view, and for the sole purpose of defrauding his creditors, and to elude the payment of the debts by him contracted; and such deed or deeds, instrument or instruments, and the delivery of such effects, was and were voluntary and fraudulent, and without any valuable consideration whatsoever, really and bona fide paid by the said W. I., or the said person or persons in whose favour the same are pretended to have been made, but the same was or were made to him or them in trust for the said I, I., or with intent to screen his estate and effects from his creditors, or some or one of them, and to prevent the same from being applied in payment and satisfaction thereof; that in case any considera tion whatsoever was ever paid by the said W. L., or any other person or persons, to the said I. I. for such deed or deeds, instrument or instruments, or delivery of such effects, but which Plaintiffs do not admit, the whole or some part thereof was returned to the said I. I. by the said W. I. or such other person or persons, or some person in trust for him or them, or he or they, was or were in some manner repaid the same, and such consideration was merely colourable; and Plaintiffs are advised, and humbly insist, that the execution of such deed or deeds, instrument or instruments, and the delivery of such effects, was a gross fraud upon the fair and just creditors of the said I. 1., and ought therefore to be set aside, and such deed or deeds, instrument or instruments, delivered up to be cancelled; and that the said W. I., and such other person or persons to whom or in whose favour such deeds are pretended to have been made, andsuch personal estate and effects as have been possessed and received by him or them, by virtue or under colour of such deed or deeds, instrument or instruments, or which were delivered to him or them by the said 1. I. in his life-time. But nevertheless, &c.

Pretence of Illegitimacy, and Charge of Marriage bé. tween Plaintiff's Father and Mother.

Defendants combining, &c. alledge some doubts have arisen concerning Plaintiff's legitimacy; and in consequence of such doubts the said other Defendants have set up a claim to the residue of the said Testator's real estates, pretending that the said R. H. was never married to A. W.,

by

by whom he had Plaintiff, and that therefore, upon the death of the said R. H., the equitable interest in all the said real estates descended to Defendants A. and B., as his heirs at law.

Charge.

That the said R. H. was married to the said A. W., and that they lived together as man and wife for eight years, and were acknowledged and visited as such by all their relations, friends, and acquaintance. That the baptism of Plaintiff was registered as the son of the said R. H., by the said A. his wife; and that the burial of the said A., the Plaintiff's mother, was registered as of the wife of the said R. H., all which facts and circumstances are, as Plaintiff insists, ample and sufficient evidence of the marriage of the said R. H. with the said A. W., and clearly prove the legitimacy of Plaintiff, and that as being the undoubted heir at law of his said late father he is well entitled, &c.

Pretence, &c. where Defendants claim under a Recovery. Pretend that the said R. A., the son, in the year duly suffered a Common Recovery, and that, previous to the executing of such Recovery, he duly executed a proper deed or instrument for conveying the same to the person who was the tenant in such Recovery, and declaring that such Recovery should come to the use of the said A. B. and his heirs for ever, and that therefore they, the said confederates, are well entitled thereto in manner aforesaid, and that Plaintiff hath not any just right or title thereto, or to any part thereof.

Charge.

That if the said R. A., the son, did suffer any such Recovery, and did previously execute any such deed or instrument, purporting to be a conveyance of, &c. to the person who was named as tenant in such Recovery, yet no estate in possession of, or in the said, &c. did or could pass thereby, the whole of the said manor, &c. being then vested either in the said I. D., or the said A. A., the widow, &c. for her life, by virtue of, &c. whereby the same were limited to her for her jointure, and therefore, as your Orator is advised and humbly insists, the said Recovery was wholly void and of no effect.

Inquiry.

And if the said Defendants, or any, &c. shall pretend that the said R. A., the son, ever suffered any Common Recovery of, &c. then, that they may set forth whether he previously, and when, executed any and what deed or instrument, purporting to be a conveyance of the said, &c. or any and what particulars thereof, unto the person who was tenant in such Recovery, and whether the said A. A., or D. D., or one and which of them were, or was not living at the time of executing such deed or instrument, and suffering such Recovery.

Pretence