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REPORTS

OF

CASE S

ARGUED AND DETERMINED

In the Court of King's Bench,

IN THE

Nineteenth, Twentieth, and Twenty-first Years
of the Reign of GEORGE III.

By SYLVESTER DOUGLAS, Esq.

OF LINCOLN's INN.

THE THIRD EDITION, WITH ADDITIONS.

PART II.

Equidem cum colligo argumenta caufarum non tam ea numérare foleo
quam expendere.

CICERO.

LONDON:

PRINTED BY A. STRAHAN AND W. WOODFALL,
LAW-PRINTERS TO THE KING'S MOST EXCELLENT MAJESTY
FOR E. AND R. BROOKE, IN BELL-YARD, TEMPLE-BAR.

MDCCXC.

COOLEIAN P

1 JUL 243

RY

CASES

ARGUED and DETERMINED

IN THE

Court of KING's BENCH,

IN

Trinity Term,

In the Twentieth Year of the Reign of GEORGE III.

1780.

STRACY and Another, Affignees of BISHOP, a Tuesday, 30th Bankrupt, against HULSE and Others.

TH

May.

HIS was an action of trespass against Hulle and Ben- If a candleyon, two juftices of the peace, and Barthrop an ex- maker, being cife-officer. It was tried at the laft aflizes for the in arrear for county of Effex, before ASHHURST, Juftice, when a verdict the fingle duwas found for the plaintiffs, with 591. 6s. 4d. damages, a bankrupt, fubject to the opinion of the court, on a cafe which stated and is cor as follows:

A commiffion of bankrupt was iffued against Bishop, (who was a candle-maker,) on the 4th of February, 1779, and his estate affigned to the plaintiffs on the 17th of that month; the act of bankruptcy having been committed on the 29th of January preceding. On the 4th of March, an information was exhibited against him, before the defend ants Hulfe and Benyon, for not paying 291. 135. 2 d. the fingle duties then due and payable, for candles made by him, between the 9th of November and the 23d of December 1778. On the fame day on which the information was exhibited, he was served with a fummons to attend the juftices on the 6th of March, which he did; and then ac knowledged, that the fingle duties were due, and unpaid; whereupon they convicted him in the penalty of double duties, amounting to 591. 6s. 4d.; and iffued their warrant to the defendant Barthrop, and another excise-officer, "authorising and commanding them, and every of them, "that upon all the candles, and all the materials and utenfils

for making of candles, in the cuftody of Bishop, or any « perfon or perfons in truft for him, they should levy the fum VOL. II.

B

"of

ties, becomes

victed after

the affignment the double du ties are a lien upon the candies, utensils, and materials,

of his effects';

in the hands of his affignees; and they may be diftrained,

[412]

K45LE +3745

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