636 D E 
promifes to pay for them, action of debt, or on the cafe, 
will lie again!! the infant. Though debt may not be 
brought on an account dated with an infant : and what 
is delivered mud: be averred to be for the neceftary ufe 
of the infant, i Lil. Abr. 401 . See Infant. An attor¬ 
ney 'hall have action of debt again!! hi| client, for money, 
which he hath paid to any perfon for the client, forcofts 
of fuit, or unto his counfel, &c. An heir mediate may 
be fued in debt as if he were immediate heir. The 
heir may not bring adlion cf debt for a debt due to his 
anceflor; though it be by fpecialty, by which the party 
is bound to pay it to hint and his heirs : the executor 
lhall, nev.erthelefs, have the adtion. Dyer 368. Adlion of 
debt lies no! again!! executors, upon a Ample contradl 
made with the feftator*. 9 Rep. 87. 
Before 32 Hen. VIII. c. 37, the heirs or executors of a 
man feifed of a rent-fervice, rent-charge, &c. in fee- 
fimple, or fee-tail, had no remedy for the arrearages in¬ 
curred in the life-time of the owner of fuch rents: but 
by that ftatute, the executors and adminiftrators of te¬ 
nants in fee-ftmple, fee-tail, or for life, of any rent, fhall 
have adlion of debt for all arrearages of rent due in the 
life of the teflator. ilnji. 162. A feme foie, feifed of a 
rent in fee, &c. which is behind and unpaid, takes huf- 
band, and the rent is behind again, and then the wife 
dieth, by the faid 32 Hen. VIII. c. 37, the hufband fit all- 
have the arrears due before marriage, and he hath a 
double remedy for the fame, \lnjl. 162. But by 8 Anne 
c. 17, any perfon having rent in arrearupon any leafe for 
life or lives, may bring action for fuch rent, as where 
rent is due on a leafe for years. Adlion of debt will lie 
again!! a ledee, for rent due after the aflignment of the 
leafe ; for the perfonal privity of contract remains, not- 
withflanding the privity of eftate is gone. But after the 
death of the leffee, it is then a real contradt, and runs 
iwith the land. Cro, Eliz. 555. When a leafe is ended, 
the duty in ref pec! of the rent remains, and debt lieth 
by reafon of the privity of contrail between leffor and 
lelfee. iNelf. 4 br. 6 oy. If debt be brought by an exe¬ 
cutor for arrears of rent ended, it is local dill, and mud 
be laid where the land lies. Hob. 37. Action of debt 
may be had again!! the leffee in any place ; but if it be 
brought again!! an allignee, it mufl be where the land 
lieth : and, upon the privity of contrail, it is to be brought 
again!! the leffee where the land is. Latch 197. Debt for 
rent on a leafe, again!! aflignee, is local. Barkers/.Dormer, 
1 Show. 191. 
In fome cafes ait ion of debt will lie, although there 
be no contrai! betwixt the party that brings the adtion, 
and him again!! whom brought; for there may be a duty 
created by law, for which adtion will lie. 2 Saund. 3+3. 
Debt lieth again!! a flier iff, for money levied in execu¬ 
tion. 1 Lil. Abr. 403. Adtion of debt lies again!! a gaoler, 
for permitting a prifoner committed in execution to 
efcape ; becaufe thereupon the law makes the gaoler 
debtor; but where'the party is not in execution, there 
adtion on the cafe only lies for damages fulfered by the 
efcape. 1 Saund. 218. A perfon may have debt upon an 
arbitrament : alfo debt lies for money recovered upon a 
judgment. See. And upon a recovery, in the fuperior 
courts at Weftminfter, the plaintiff mult bring the adtion 
in TVIiddlefex, the record being there ; but a fci. fac. to 
execute judgment, mu!! be where the original was, and 
follow it. New Nat. Br. 267. . When judgment is had in 
the king’s-bench, and a writ of error brought in the ex¬ 
chequer chamber, or in parliament, yet an adtion of 
debt will lie on the judgment : in this cafe, if the plaintiff 
levies part of his money, by elegit, he may likewile bring 
debt for the reftdpe. 1 Sid. 184. 
Whatever thd laws order any one to pay, that becomes 
inftantly a debt, which he hath before-hand contradled to 
difeharge. And this implied agreement it is, that gives 
the plaintiff a right to inllitute a fecond adtion, founded 
merely on the general contradt, in order to recover fuch 
damages or fum of money, as are affeffed by the jury, 
B T. 
and adjudged by the court to be due from the defendant 
to the plaintiff in any former adtion. So that if’he hath 
once obtained a judgment again!! another for a certain 
fum, and negledts to take out execution thereupon, he 
may afterwards bring an adtion of debt upon this judg¬ 
ment, and lhall not be put upon the proof of the original 
caufe of adtion; but upon fhewing the judgment "once 
obtained, ftill in full force, and yet unfatisfied, the law 
immediately implies, that, by the original contract of fo- 
ciety, the defendant hath contracted a debt, and is bound 
to pay. This method feems'to have been invented, when 
real actions were more in ufe than at prefent, and damages 
were permitted to be recovered thereon ; in order to have 
the benefit of a writ of capias, to take the defendant’s 
body in execution for thofe damages; which procefs was 
allowable in an adtion of debt, in conlequence of 25 
Edw. III. c. 17, but not in an adtion real. Wherefore, 
lince th.e dilute of thofe real actions, adtions of debt up¬ 
on judgment in perfonal fuits have been pretty much 
difcountenanced by the courts, as bein • generally vex¬ 
atious and oppreflive, by harrafling the defendant with 
thecoflsof two adtions inftead of one. ^Comm.160. 
Debt will lie upon the judgment of a foreign court, 
and the plaintiff need not Ihew the ground of the judg¬ 
ment ; but it is not to be declared on as a matter of re¬ 
cord, for it is here but of the nature of a limple-contradt 
debt; therefore in fuch cafe the judgment is fufficient 
only to eftablifh a demand, and put the defendant to im¬ 
peach the juflice of it, or (hew the fame to have been 
unduly or irregularly obtained.. And as it is but a Am¬ 
ple contradl, aJJ'umpft will alfo lie on it. Walker v. Wit¬ 
ter, Doug. 1-6 ; in which feveral other cafes on the famo 
point are alfo cited and reported. If a man recovers 1 
debt or damages in London, on adlion brought there by 
the cullom of the city, which lies not at common law ; 
when it is become a debt by the judgment, adlion of debt- 
lies in the courts at Weftminfter upon this judgment. 2 
Danv. 449. 
Adfion of debt will lie for breach of a by-law ; or, for- 
amercement in a court-leet, &c. 1 Lil. 400. And adlion 
of debt is fometimes grounded on an ad! of parliament p 
as upon zEdw. VI. c. 13, for not fetting out tithes, 27 
Eliz. c. 13,. again!!, fhe hundred for a robbery, &c. 
Again!! phyAcians in London, for prudliAng without li¬ 
cence, by 14 & 15 Hen. VIII. c. 3. By aftignees of a coni- 
million of bankrupt, ijac. I. c. 13, &c. A college fhall 
have adlion of debt for commons of any (Indent; ad¬ 
judged, Pafch. 9 Jac. B. R. And in general, all the cafes 
(hew that wherever indebitatus ajfumfit is maintainable, 
debt alfo is. Doug. 6. per Buller, julfice. For debt to a 
bilhop, or par-fon, after his death, his executors fhall 
have the adtion; -but of a dean and chapter, mayor and 
commonalty, &c. the fucceftors are intit led to the adlion 
of debt. F.N.B. 110. Adtiou of debt lies on a reeog- 
nifance ; fo upon a llatute-merchant, it being in nature 
of a bond or obligation: but it i^ otherwife in cafe of a 
ftatute-ftaple. zDanv.yyi. 
In bringing this adlion, it is a general rule, that the 
party himfelf, to whom the debt is originally due, whilft 
he doth live, mull bring the adlion ; and, after his death, 
his executors, See. And fhe adlion mull be brought 
again!! the party himfelf that doth originally owe the 
debt, whilft he is living; and, after his death, it may be 
brought again!! the executor, if he make any ; or other- 
wife againft the adminiftrator; and if the ordinary ap¬ 
point none, againft the ordinary himfelf; and if he die 
poffefled of the goods, again!! his executor, &c. And 
alfo againft executors of executors in inf nit um. Dyer 24. 
3 Rep. 9. 2 Brozunl. 207. 
The form of the writ of debt is fometimes in the debet 
& detinet, and fometimes in the dctinct only ; that is, the 
writ dates, either that the defendant owes, and unjuftly 
detains, the debt or thing in quellion, or only that he tin- 
juftly detains it. It is brought in the debet, as well as 
detinet, when fued by one of the original contradling par¬ 
ties 
