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![handle is hein.slavery/ssactsengr0960 and id is 1 raw text is: 2 SHOW. K. B. 177. HILARY TERM, 33 AND 34 CAR. 2. IN B. R.
CASE 169. THE KING against SMITH.
A person appearing in the Court of King's Bench pursuant to his recognizance,
may be charged with an information, and forced to plead instanter.
Aaron Smith being bound by recognizance to appear here the first day of the
term, and appearing accordingly was charged with an information for words.
And forced to plead presently; for that in such case he is in the same condition
with an attorney or clerk of the Court, who are always supposed present in Court,
and have the benefit of an imparlance; but in case a man come in upon process, and
appear to an information (a), he has then an imparlance till the next term after.
And it was said by Mr. Pollexfen, that all persons had an imparlance till Sir
Samuel Astrey's time.
CASE 170. WILLIAM THOMPSON against SIR WILLIAM SCROGGS.
The changing a venue is ex gratia Curice, and not ex debito justicice. A barrister
has the privilege to lay any transitory action in Middlesex.
Trespass for a battery, laid in London; the fact was committed at Bury in
Suffolk.
Motion to change the venue.
It was agreed per Curiam, that changing a venue is ex gratia Curice, and not ex debito
justicice ; so resolved in the case of The Lord Culpeper v. Sir [177] Thomas Taylor; and
the granting motions for the change thereof are upon account of the convenience of
the subject, it being supposed to be more for their ease that the fact should be tried
in the place where committed.
And it was likewise agreed that Bacon's case in this Court was law, that a
plaintiff being a barrister had privilege to lay any transitory action which he brought,
in the county of Middlesex; for his attendance is supposed to be continually on
the Courts at Westminster; and so if he were defendant(c). But privilege in the
defendant takes not away the plaintiff (d): and here they being both barristers, if Mr.
Thompson would lay it in Middlesex they would not change the venue, which he
agreed to do.
Jefferyes Serjeant thereupon moved for a trial at Bar, and granted.
But afterwards Mr. Thompson forgave it, and desisted; on a treat given by Sir
Williams Scroggs, &c.
CASE 171. WEDGEWOOD AND OTHERS against BAYLY.
In trover, the death of one of the plaintiffs before verdict, may be assigned for error
on the judgment.-S. C. 1 Freem. 532. S. C. Raym. 463. S. C. Skin. 39. S. C.
3 Dan. Abr. 32.
Trover and conversion. One of the plaintiffs dies before verdict, which is after
found for the plaintiff.
This is assigned for error on a writ of error; and here were cited the case of
.Spring v. Ballet (a), where it was held, on motion, that the writ is not abated; here
custom, may claim to have, to exempt the same from distribution; but that such
part in the hands of such administrator shall be subject to distribution as in other
-cases within the said Act.
(a) 2 Hawk. P. C. ch. 27, s. 14.
(c) See Row v. Russell, post, 242. Wingfield's case, 1 Mod. 64. Seaman v. Ling,
2 Salk. 668. Knight v. Farnaby, 2 Salk. 670. Lacker v. Harcourt, 1 Show. 148.
(d) See the case of Bisse v. Harcourt, Carth. 126. Pope v. Redfearne, 4 Burr. 2027.
Lyde v. Rodd, 1 Brown's Cases in Parl. 328, and Yeardley v. Roe, 3 Term Rep. 573, and
Mr. Kyd's Edition, 1 Com. Dig. 175.
(a) 2 Bulst. 262.
K. B. xvIII.-28*
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