The following Prisoners are ordered to be brought before the Court, in Portugal-st., on Tuesday, Feb. 7, at 9. John George Newcombe, Bethnal-green-road, wholesale potato salesman.—James Woodman, Richmond, Surrey, hair dresser.-Job Ryall, Albion-st., Rotherhithe, green grocer.John Goatley, Millbank-st., Westminster, waterman.-John Boulter, jun., High-st., Poplar, waterman.-Henry Hedges, Half Moon-crescent, White Conduit-fields, Islington, working jeweller.—Wm. M'Intosh, Upper Grafton-st., Fitzroy-sq., coach maker.-Robert Butts, Church-st., Hackney, registrar of births.-Josiah Bird, Crescent-st., Euston-sq., cab driver. -J.P. Attack, Queen's-buildings, Brompton-terrace, Brompton, tailor.-Thomas Kefford, Hitchin, Hertfordshire, fishmonger.-John Houston, Cleveland-st., Fitzroy-sq., coach painter. John Cory Fox, Moon-st., Islington, clerk to an accountant. Feb. 9, at the same hour and place. James Gordon Bradley, Park-st., Camden-town, artist.J. K. Stewart, Wellington-buildings, King's-road, Chelsea, out of business.-John Camp, Tottenham-court-road, flutemaker.-Isaac Worley, Fish-st.-hill, coffee-house keeper.Alexander Cochrane, Stanhope-st., Clare-market, and Chancery-lane, out of business.-James C. Rogers, Chapman-st., Cannon-st., mariner.-Daniel W. Clark, Lower Thames-st., fishmonger.-E. P. Magee, Red Lion-st., Borough-market, Surrey, potato salesman.-Jonathan Huggins, York-place, Bethnal-green, engraver.-Joseph Benj. Hutchings, Thanetplace, Temple-bar, tortoise-shell worker.-John Wm. Fraser, King William-st., and Wallbrook, inventor of improvements in submarine and salvage apparatus and machinery. MEETING. 13 Thos. Gales, Wm. John Guest, John F. Naisby, and Matthew trict Court of Bankruptcy, Newcastle-upon-Tyne, pr. d.-C. Kirtley, Hylton, Durham, ship builders, Feb. 6 at 12, DisWm. Walthew, Poultry, chemist, Jan. 31 at 12, Court of Bankruptcy, London, last ex.-J. Simmons, Longwick, Princes Risborough, Buckinghamshire, corn dealer, Feb. 2 at half-past 12, Court of Bankruptcy, London, last ex.--Over Darwen, Lancashire, bleacher, Feb. 8 at 12, District Court of Bankruptcy, Manchester, sp. aff.-Thos. Wileman, -Henry Hilton, Earl Shelton, Leicestershire, hosier, Feb. 16 at 1, District Court of Bankruptcy, Birmingham, last ex.-Isaac Bell, Newcastle-upon-Tyne, earthenware manufacturer, and J. Davison, Marton, Yorkshire, farmer, Feb. 13 at 1, District Court of Bankruptcy, Newcastle-upon-Tyne, last ex.-Joseph Ankers, Birmingham, grocer, Feb. 1 at half-past 12, Birmingham District Court of Bankruptcy, last ex.-Rich. Coulsell, Milton next Gravesend, Kent, victualler, Feb. 13 at half-past 1, Court Court of Bankruptcy, London, aud. ac.; Feb. 11 at half-past of Bankruptcy, London, aud. ac.; Feb. 17 at 12, div.-Edw. Bright, Picket-street, Strand, draper, Feb. 7 at half-past 12, ship owner, Feb. 13 at 12, District Court of Bankruptcy, 1, fin. div.-Geo. Guilford, North Shields, Northumberland, Pallister and James May B. Newrick, Sunderland, Durham, Newcastle-upon-Tyne, aud. ac.; Feb. 14 at 12, div.-John G. grocers, Feb. 13 at 11, District Court of Bankruptcy, Newkinson, Stoke-upon-Trent, Staffordshire, wine and spirit mercastle-upon-Tyne, aud. ac.; Feb. 14 at 11, div.-Wm. Tomchant, Feb. 14 at half-past 11, Birminghem District Court of nandes, and Joze L. Fernandes, jun., Wakefield, Yorkshire, Bankruptcy, aud. ac.-Joze L. Fernandes, Nowell L. Fercorn millers, Feb. 20 at 12, District Court of Bankruptcy, Leeds, aud. ac.; Feb. 22 at 12, div.-Wm. Holt, Mansfield, Thomas Dutton, Potternewton, near Leeds, Yorkshire, gen- Nottinghamshire, hatter, Feb. 16 at 11, District Court of tleman, Feb. 9 at 7, Hanson's, Leeds, sp. affairs. Jan. 9. FRIDAY, JANUARY 20. Bankruptcy, Leeds, aud. ac.-James Buxton, John Buxton, and Thos. Buxton, Leaven-grove-mill, near Rochdale, Lancashire, cotton spinners, Feb. 20 at 12, Manchester District S. Flude, Mincing-lane, wine and spirit broker, Feb. 10 at Court of Bankruptcy, aud. ac.; Feb. 21 at 12, fin. div.-Th. half-past 12, Court of Bankruptcy, London, div.-Daniel Feb. 7 at half-past 12, Court of Bankruptcy, London, fin. div. Campbell, Cleveland-row, St. James, Westminster, merchant, CHARLES EVANS, Whitechapel-road, potato and coal dealer, and Houndsditch, corn dealer, Feb. 1 and March 7 at 1, Court of Bankruptcy, London: Off. Ass. Alsager; Sol. Watts, 231, Bermondsey-st.-Fiat dated Jan. 12. SAMUEL MAW LONG, North-lodge-farm, Enfield, Mid-And. M Kenzie and Jas. Haig, Derby-st., Rosemary-lane, dlesex, lime burner and cattle dealer, Jan. 26 at 10, and Feb. merchants, Feb. 10 at 12, Court of Bankruptcy, London, fin. 24 at 12, Court of Bankruptcy, London: Off. Ass. Belcher; half-past 12, Court of Bankruptcy, London, div. - Robert Sols. Lawrance & Blenkarne, Bucklersbury.-Fiat dated Richards, Jas. Briant, and J. Coker, Shadwell, rope makers, div.-T. Turner, New Bond-street, upholsterer, Feb. 13 at DANIEL KERL PRICE and DANIEL PRICE, Pilgrim-John Philpot, St. Swithin's-lane, victualler, Feb. 10 at 1, st., Ludgate-hill, warehousemen and importers of fancy Court of Bankruptcy, London, fin. div.-George Dorrington, Feb. 10 at half-past 12, Court of Bankruptcy, London, fin. div. goods, Feb. 3 at 2, and March 3 at 11, Court of Bankrupt- Percival-street, Goswell road, printer, Feb. 10 at 12, Court of cy, London: Off. Ass. Edwards; Sol. Armstrong, 33, Old Jewry.-Fiat dated Jan. 9. WILLIAM HARRY WOODALL, Bishopsgate-st. Without, next Gravesend, Kent, estate agent, Feb. 10 at 11, Court of Bankruptcy, London, fin. div.-John Thomas Scott, Milton woollen draper, Feb. 4 at 2, and March 3 at 12, Court of Tower-hill, spirit merchant, Feb. 10 at half-past 11, Court of Bankruptcy, London: Off. Ass. Groom; Sol. Goddard, Bankruptcy, London, fin. div.-Henry Capel, Cooper's-row, 101, Wood-st., Cheapside.-Fiat dated Jan. 16. RICHARD HUNT, Kingston-upon-Hull, hosier, Feb. 1 at St. Luke, Chelsea, coal merchant, Feb. 14 at half-past 12, Bankruptcy, London, fin. div.-Thos. Long, Beaufort-place, 11, and Feb. 22 at 1, District Court of Bankruptcy, Leeds: Off. Ass. Freeman; Sol. Haigh, Horbury, near Wakefield. Emmett, Old Kent-road, Surrey, market gardeners, Feb. 14 Court of Bankruptcy, London, div.-John Emmett and Arth. JAMES SENIOR, Lascell's-hall and Waterloo, Kirkheaton, lane, Bermondsey, leather dresser, Feb. 10 at 12, Court of at 1, Court of Bankruptcy, London, div.-W. Morris, LongYorkshire, manufacturer of fancy cloths and common brew-Feb. 10 at 11, Court of Bankruptcy, London, fin. div.-J. er, Feb. 2 at 2, and Feb. 23 at 12, District Court of Bank-Wilkinson, Ardwick, Manchester, innkeeper, Feb. 14 at 12, Bankruptcy, London, div.-G. Suggett, Barbican, merchant, ruptcy, Leeds: Off. Ass. Fearne; Sols. Barker & England, Court of Bankruptcy, Manchester, pr. d., aud. ac., Huddersfield-Fiat dated Jan. 12. WILLIAM MORGAN, Cheltenham, Gloucestershire, builder, District Court of Bankruptcy, Leeds, div. carpenter, and joiner, Feb. 3 at 12, and March 3 at 1, DisEdw. Milnes, Bradford, Yorkshire, innkeeper, Feb. 13 at 11, and div.trict Court of Bankruptcy, Bristol: Off. Ass. Miller; Sol. Packwood, Cheltenham.-Fiat dated Jan. 16. ELIZABETH EDGE, Dawley-green, Dawley, Shropshire, victualler, Jan. 28 and Feb. 22 at half-past 2, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sol. Bradley, Wellington.-Fiat dated Jan. 4. EDWARD THOMAS HALL and JAMES HALL, Leeds, Yorkshire, flax spinners and manufacturers, Jan. 31 and Feb. 28 at 12, District Court of Bankruptcy, Leeds: Off. Ass. Hope; Sols. Blackburn, Leeds; Walker, 13, Furnival's-in.-Fiat dated Jan. 29. -Fiat dated Jan. 10. MEETINGS. Thor. Hen. Munday, Fore-street, Cripplegate, bookseller, Feb. 4 at half-past 12, Court of Bankruptcy, London, pr. d. CERTIFICATES ter, Feb. 11 at half-past 12, Court of Bankruptcy, London. SCOTCH SEQUESTRATIONS. John Lindsay & Co., Glasgow, callenderers.-Robert and John Drysdale, Alva, Stirling, manufacturers.-John Stitt, Glasgow, lace merchant. INSOLVENT DEBTORS. Samuel Russell, Chester-place, Borough-road, Southwark, bookseller. 12, District Court of Bankruptcy, Birmingham.-Wm. Chapman, Birmingham, Feb. 18 at 12, District Court of Bankruptcy, Birmingham.-Jas. S. Mottram, Alrewas, Staffordshire, woolstapler, Feb. 13 at 12, District Court of Bankruptcy, Birmingham. — Wm. Tomkinson, Stoke-upon-Trent, Staffordshire, spirit-merchant, Feb. 14 at half-past 11, District Court The following Prisoners are ordered to be brought up before of Bankruptcy, Birmingham.-Edward Arthur, Birmingham, coach-maker, Feb. 14 at half-past 1, District Court of Bankthe Court, in Portugal-st., on Friday, Feb. 10 at 9. ruptcy, Birmingham.-Wm. Munton, Fletland-mills, Great- Rich. Millar, Princes-st., Spitalfields, pickle manufacturer. ford, Lincolnshire, miller, Feb. 14 at half-past 12, District -Wm. Stidolph, Allen-terrace, Kensington, writing master. Court of Bankruptcy, Birmingham.-Geo. Stanway, Stoke-George Abrams, Cable-st., St. George's in the East, greenupon-Trent, confectioner, Feb. 7 at 12, District Court of grocer.-Thomas James, Hadley, near Barnet, carpenter.Bankruptcy, Birmingham.-Thos. B. Fehr, Dudley, Worces- J. S. Boyce, Villiers-st., Strand, clerk to an accountant.-H. tershire, spirit-merchant, Feb. 14 at 12, District Court of Hubbard, Upper Whitecross-st., gingerbread baker.—I. H. Bankruptcy, Birmingham.-Fredk. Pratt, Stoke-upon-Trent, Behenna, Jermyn-st., St. James's, lamp manufacturer.-W. Staffordshire, miller, Feb. 14 at 1, District Court of Bank- Luckin, Evangelist-court, Broadway, Ludgate-hill, shoeruptcy, Birmingham.-John Hepworth, New Malton, York- maker.-John Baldarson, jun., Barnes, Surrey, colt breaker. shire, woollen-draper, Feb. 13 at 1, District Court of Bank-George Ridler, Circus-road East, Portland-town, Maryleruptcy, Leeds.-Richd. Wilson, Leeds, flax-spinner, Feb. 15 bone, higler.—Richard Mayors, jun., John-st. West, Blackat 11, District Court of Bankruptcy, Leeds.-Hen. Harwood, friars-road, Surrey, tailor.-Alfred Addis, Sydenham, Kent, Beverley, Yorkshire, woollen-draper, Feb. 13 at 1, District out of business. Court of Bankruptcy, Leeds.-Wm. Houldsworth, Egremont, Adjourned. Liscard, Cheshire, and Liverpool, common brewer, Feb. 11 at 1, District Court of Bankruptcy, Liverpool.-T. Renny, Liverpool, oil-cloth manufacturer, Feb. 11 at 12, District Court of Feb. 13, at the same hour and place. Bankruptcy, Liverpool.-A. Casacuberta, Manchester, merJohn Cowderoy, Johnson's-st., Shadwell, lodging-house chant, Feb. 14 at 12, District Court of Bankruptcy, Manches- keeper.-Thomas Weldon, Pereira-place, Shepherd's-bush, ter.-John Parker, Manchester, coach-builder, Feb. 14 at 12, tailor.-G. K. Huxley, Welbeck-st., Cavendish-sq., barrister District Court of Bankruptcy, Manchester.-Wm. Grundy, at law.-Joseph Clarkson, Lewisham, Kent, carpenter.-T. Manchester, yarn-dealer, Feb. 15 at 12, District Court of Wall, Wyple-place, Church-st., Kensington, carpenter.-G. Bankruptcy, Manchester.-Israel Wade, Manchester, grocer, Nursey, Plumtree-st., Bloomsbury, bookseller. - Abraham Feb. 11 at 11, District Court of Bankruptcy, Manchester.Cohen, Rosemary lane, Whitechapel, rag merchant.—Wm. Ellis Piggott, Manchester, embosser, Feb. 17 at half-past 1, Shean, Stratford, Essex, constable in the Metropolitan police. District Court of Bankruptcy, Manchester.-John Dean, Ha--Harold Stanley, Charles-st., Middlesex Hospital, general bergham Eaves, Lancashire, cotton-spinner, Feb. 10 at 11, merchant.-Fras. A. Hodgson, Adam's-place, High-street, District Court of Bankruptcy, Manchester.-Joseph Lawless, Southwark, tailor.-Henry Arthur Herbert, Bower-st., StepManchester, commission-agent, Feb. 14 at 12, District Courtney, master mariner.-Wm. P. Rogers, Lucas-st., Commerof Bankruptcy, Manchester.-John R. Hayward, Manches- cial-road East, out of business.-John H. Huttman, Druryter, wholesale bookseller, Feb. 10, Court of Bankruptcy, Lon- lane, out of business. don.-Saml. Evans, Oswestry, Shropshire, woollen-draper, Court-house, SHEFFIELD, (Yorkshire), Feb. 10 at 10. Feb. 10, Court of Bankruptcy, London.-Joseph Froste and Isaiah Ashlin, Liverpool, merchants, Feb. 10, Court of BankThos. Sorby, Sheffield, table-blade grinder.-F. Parkin, ruptcy, London.-John Robins and Chas. Williams, London- Sheffield, spring-knife grinder.-Wm. Maskery, Sheffield, wall, carriers, Feb. 10, Court of Bankruptcy, London.-James beer-house keeper.-John Bradbury, Sheffield, file grinder. Wyatt, Plymouth, Devonshire, cabinet-maker, Feb. 10, Court E. M. Rippon, Sheffield, clog maker.-Abraham Ibbotson, of Bankruptcy, London. -John Shynn, Liverpool, hotel- Sheffield, table-knife cutler.-John Young, Sheffield, labourer. keeper, Feb. 10, Court of Bankruptcy, London.-J. M'Ga-Charles Oxley, Sheffield, pearl scale grinder.-John Pease, hey, Liverpool, printer, Feb. 10, Court of Bankruptcy, Lon- Sheffield, harness maker.-Robert Pearson, Sheffield, fishdon.-Wm. Shand, jun., Great Winchester-street, London, monger.-Wm. Parkin, Sheffield, spring-knife grinder.-John merchant, Feb. 10, Court of Bankruptcy, London.-James Shaw, Sheffield, table-blade forger.-A. Tingle, Sheffield, pubSanderson, Crawshaw-booth, Lancashire, cotton manufac- lican.-J. Jeffcock, Sheffield, mason.-J. Bramwell, Heeley, turer, Feb. 10, Court of Bankruptcy, London.-Saml. Stock- silversmith.-William Glaves, Sheffield, table-blade forger.ton, Long-gard, Lamb's Conduit-street, wine-cooper, Feb. 10, Geo. Clayton, Sheffield, butcher.-Wm. Holmes, Sheffield, Court of Bankruptcy, London.-Wm. Smith, Curtain-road, coal miner.-Thos. Bashford, Sheffield, scale presser.-Anth. near Worship-street, timber-merchant, Feb. 10, Court of W. Turner, Sheffield, table-blade forger.-Dan. Ellis, ShefBankruptcy, London.- John Spanton, Bermondsey-street, field, fork grinder.-Sam. N. Cocker, Sheffield, table-blade Surrey, cheesemonger, Feb. 10, Court of Bankruptcy, London. grinder.-Jos. Jeeves, Sheffield, slater.-Thos. Jennings, Shef-Thos. Jacomb Lancaster, Barge-yard, London, merchant, field, file grinder.-John Byron, Sheffield, mason.-I. BradFeb. 10, Court of Bankruptcy, London.-Joseph Wallworth well, Stannington, near Sheffield, razor manufacturer.-Hen. and Thos. Wallworth, Manchester, provision-dealers, Feb. 10, Marsden, Sheffield-moor, saw maker.-Jos. Smith, Sheffield, Court of Bankruptcy, London.-Thomas Allen, Macclesfield, joiner.-Joshua Fox, Sheffield, carver.-W. H. Woodhouse, Cheshire, silkman, Feb. 10, Court of Bankruptcy, London. Sheffield, innkeeper.-Jos. Wilby, Sheffield, saw maker.-P. John Charles Rawdon, Leeds, and Huddersfield, wool-mer- Greenwood, Sheffield, joiner.-John Beckett, Sheffield, tablechant, Feb. 10, Court of Bankruptcy, London.-Joseph Van- knife manufacturer.-Enoch Beal, jun., Sheffield, scissor smith. derlyn, Houndsditch, tailor, Feb. 10, Court of Bankruptcy, London.-Jos. Fisher, Sneinton, Nottinghamshire, boatwright, Feb. 10, Court of Bankruptcy, London.-George T. Knowles, Stockport, Cheshire, cotton-spinner, Feb. 10, Court of Bankruptcy, London.. Wm. Gooding, Chatham, Kent, shoemaker, Feb. 10, Court of Bankruptcy, London.-Jos. Barlow, Lichfield, ironmonger, Feb. 10, Court of Bankruptcy, London.-F. Jordan, St. Helen's, Lancashire, miller, Feb. 10, Court of Bankruptcy, London.-Wm. Waters, Chepstow, Monmouthshire, timber-merchant, Feb. 10, Court of Bankruptcy, London.-Samuel Thorp, Manchester, merchant, Feb. 10, Court of Bankruptcy, London. FIAT ANNUlled. Henry Chard, Liverpool, merchant. PARTNERSHIP DISSOLVed. Thomas Beale and Miles M. B. Cooper, Upton-upon-Severn, Worcestershire, attornies, solicitors, and conveyancers. John Milner, Sheffield, white-metal smith.-Wm. Needham, Sheffield, table-knife grinder.-Francis Scaif, Sheffield, spring-knife manufacturer.-Sam. France, Sheffield, edge-tool striker.-Wm. W. Staniland, Sheffield, scale presser.-Chas. Andrew, Sheffield-park, victualler.-Jos. Bradley, Sheffield, engine tenter.-John Smith, Sheffield, spring-knife cutler.Sam. Sandford, Sheffield, table-blade forger.-Jon. Coldwell, Sheffield, pocket-blade forger.-Joseph N. Redfern, Sheffield, law stationer.-James Buxton, Sheffield, filesmith.-Joseph Hague, Sheffield, out of business.-John Badger, Sheffield, scissor grinder.-John Scholey, Sheffield, bone stabber.—John Wood, Sheffield, labourer.-Joseph Hallatt, Sheffield, tableknife cutler.-Jos. Cutts, Handsworth Woodhouse, near Sheffield, collier. Court-house, WAKEFIELD, Yorkshire, Feb. 13 at 10. Chas. Binks, Woodhouse Carr, near Leeds, out of business. -Geo. Dawes, Knaresborough, labourer.-Jonas Murgatroyd, Otley, labourer.-Jos. Sharp, Bradford, jack-guard machine. maker.--Francis Burrell, Leeds, butcher.-Henry Mitchell, Bradford, staff manufacturer.-Jonas Wood, Eccleshill, near Bradford, toll contractor.-Joseph Halstead, Staniland, near -Jes. Bull, Leeds, tailor.-Harriett Pollard, Leeds, out of business.-Wm. Crossley, Hunslet, near Leeds, potter.-Edund Booth, Birkenshaw-bottoms, near Leeds, shopkeeper. -Jos. Newsom, Leeds, out of business.-John Slater, Bradford, wool-sorter.-Jas. Appleton, Leeds, print-seller. INSOLVENT DEBTORS' DIVIDENDS. Moss Moses, Ipswich, general dealer, Foord's, 8, Pinner'shall, Old Broad-st.: 2d. in the pound.-Hannah Bate, Rudgwood, Willey, Shropshire, schoolmistress, Gourley, Madeley : of LONDON, as settled by Charter, Usage, and Bye Law or Statute. By ALEXANDER PULLING, Esq., of the Inner Temple. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39, Bell-yard, Lincoln's Inn. BISSET ON ESTATES FOR LIFE. may receive their debts in full.-Wm. Waltham, Sutterton, ATATES for LIFE. BY ANDREW BISSET, Esq., Lincolnshire, cattle-jobber, Jan. 26, Bowles's, Boston: ls. 4d. in the pound. Now ready for delivery, Vol. 7 of ARMAN AND BYTHEWOOD'S CONVEYANCING. 3rd Edition. By G. SWEET, Esq., of the Inner Temple, Barrister at Law. With extensive Alterations and Additions. 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With Supplement, 28. ** The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: Ir has lately come under our notice, that a difference of opinion exists between the Courts of Queen's Bench and Exchequer on the subject of the validity of a replication to a plea of tender of a prior demand of a larger sum than that tendered. As this is a point of some practical importance, we shall state to our readers the authorities which bear upon it; and if, in so doing, we are led to make any observations on the law relating to tenders in general, they must conclude, that it is not that we suppose any of them to be unacquainted with what we shall say, but that its repetition here will not be without use in recalling the subject to their minds. The principle upon which a plea of tender is holden to be an answer to an action is, that, as the plaintiff seeks to recover damages for the non-payment of the debt, or non-performance of the duty by the defendant, if the latter has always been ready to pay or perform, and the plaintiff has had notice of such readiness by an offer to do so having been made, any damage he may have sustained has arisen from his own fault in not availing himself of that readiness. Thus, the defendant must allege and prove, not only that he offered to pay the debt or perform the duty, but that, from the time when the obligation first arose, he has always been ready to do so. (Hume v. Peploe, 8 East, 168). And this is further illustrated by the rule, that a plea of tender in an action of assumpsit must never conclude with praying judgment of the damages, because, this action being only to recover damages, a plea in bar of the damages would, in effect, be a plea in bar of the action; and "the proper way of pleading a tender in an action of assumpsit is, either to confess damage to a certain amount, and pray that the plaintiff may proceed at his peril for the residue, or to bring a sum of money into Court, and pray judgment of further damages." From this principle, that the meaning of the plea of tender is, that the VOL. VII. defendant has always been ready to perform his engagement, is derived that upon which it is holden, that this plea may be answered by the fact, that, at a time either before or after the tender, the plaintiff demanded of the defendant the sum tendered, and was refused; as by that, the defendant's readiness at all times is negatived. And whether this demand must be of the precise sum tendered, is the point upon which the Queen's Bench and Exchequer differ. The case we shall first notice was in the latter Court. (Cotton v. Godwin, 7 Mee. & W. 147). It was an action of assumpsit by the payee against the maker of a promissory note payable on demand; and a demand was averred in the declaration. To this were pleaded, as to part of the amount of the note, a set-off for so much; and as to the residue, a tender at the time of the demand. The plaintiff replied, that, before the making of the tender, a larger sum than what was tendered, and including the latter, was due, and that he demanded that larger sum, but the defendant refused to pay it; and he also averred, that no set-off or other just cause existed for the non-payment of the larger sum, or any part of it. This replication being demurred to specially, the Court were clearly of opinion that it was good. "The principle," they said, " of a plea of tender is, that the defendant has performed so far as he could perform his part of the contract, by being always ready to pay the debt, and actually offering to do it; but this replication shews, that there was a time when the defendant. was not ready to perform his part, viz. when the demand was made of the whole amount of the note, at which time he ought to have been ready to pay the whole, as the whole was then due, according to the averments in the replication, which must be taken to be true on this demurrer. That being so, a subsequent tender of part was unavailing." In the above case it will be observed, that the cause of action was single, in which respect it differs from an action of indebitatna IST NO |