On. se 
4. een 
1796] 
the executrix in that character, and would 
only become eventually a charge upon 
her in her own right, if by fome unfore- 
feen event there fhould be a failure of 
affets, or by mifcondu&, a devaftavit in- 
curred. When it was objected, that the 
authority given was reftrained to paying 
in her ftéad, as executrix, and “ agrec- 
ably to the due orderand courfe of law,” 
it might be anfwered, that taking thefe 
words to amount ‘to a direétion to the 
attorneys, to pay in a courfe of admini- 
ftrat‘on, they were not meant to controul, 
ror could they controul their authority, 
in any thing neceflary to payment in that 
courfe. ‘Notwithftanding this dire€tion, 
they might take time for the payment of 
the debts, having ajfets to pay them when the 
time came, for then they would pay ina 
courfe ‘of adminiftretion. Much ftrefs 
hadbeen laid on the argument, on there 
being no expres power given to the at- 
tornéys to fign acceptances for the exe- 
cutrix; but the objection proved too much. 
ftmight as well be argued, that if the 
cath of the eftate had been kept at a 
banker’s, the attorneys fhould not draw 
for itin her name. ‘The true queftion 
appeared to be, whether’the attorneys’, 
under this power, had a direétion to 
agree with creditors for the forbearance of 
the debts. The acceptance of this bill 
of exchange had been called a fecurity, 
but, in fubflance, it was merely a mode 
of taking twenty months farther time for 
payment of a debt due to the teftator 
from thefe plaintiffs, and payable out of 
the affets, “Had the twenty months’ cre- 
dit been taken by a mere agreement to 
forbear, and the defendant had been fued 
as executrix, after the expiration of the 
time given, fhe could not have pleaded 
plene adminifiravit, becaufe, by taking the 
credit, fhe admitted -affets. There was 
a formal difference only between that 
cafe and the prefent; the acceptance 
appeared on the face of the bill, to be an 
acceptance by her as executrix, and the 
confideration of it was value in account 
with the Teftator. if the was fued in 
fier own name, and not as executrix, fhe 
wvas fo fued’ on the fame principle on 
which aifignees of a bankrupt are fued 
for what they do after they become 
affignees for the eftate and at the ex- 
pence of the eftatre: fhe might indeed 
have been fued as executrix on this ac- 
ceptance, but as fhe could not in that 
caie have availed herfelf of a plea of 
plene adminifiravit, it was not neceflary fo 
toftue her.—In neither cafe could any 
@efence be made againft the demand, 
Law Report,—Outlawry. 
S75 
nor in truth ought any to be made, for 
the creditor who accepted this kind of 
payment purchafed the bencfit of it; the 
eftate had had its advantage, and the 
defendant, as eXecutrix, had had her ad- 
vantage of the forbearance.—On thete 
grounds the application for a new trial 
was refufed. 

Mr. Perry's OUTLAWRY. 
In a former number, having takeu 
notice of the Outlawry againft Sampton 
Perry, we obferved, that, on confidering 
that cafe, the fubjeét to which it be- 
longed appeared of too much importance 
to be confined within the limits prefcri- 
bed for a fingle report;'and we therefore 
promifed, in a fubfequent number to pre- 
fent our readers'with acomplete Hffay on 
the fubjeét of Outlawry, in which pro- 
per notice fhould be taken of the cale of 
Mr. Perry, and alfo of that of Mr. Eng- 
land. We proceed to perform our en- 
gavement. 
fn the times before, and long after, 
the conqueft, every male above the age 
of twelve years was bound to appéar at the 
Sheriff’s Tourn, held for the county, 
within ‘the month next after Eafter, 
where an ingueft was held, to fee thar 
he took or had taken the oath of allégi- 
ance, and found fecurity to the king for 
his good behaviour; this was called the 
wiew of frankpledg?, that is, the viewing 
that every perfon had nine freemen pled- 
ges or fecurity for his loyaity to the 
king, and his peaceable behaviour to his 
fellow-fubjeéts. From hence, a male 
who had attained the age of difcretion, 
that is, the age of fourteen, and refufed te 
fland to the law, might be put out of 
its protection, in which cafe he was an- 
ciently faid to be pofitus extra legem, org 
utlagatus ; the fame proceeding inight alfe 
have been had againfi a woman, but then 
fhe was not faid to be wiagaia or ont-= 
lawed, but cvarevata or waived, that is, 
fays Lord Coke, derelidia, lett out or 
not regarded ; becaufe fhe was not freors 
to the law as a man was. 
Every perfon, then, of the years of dif 
cretion, refidenc within the realm, and 
not in prifon, nor under coverture at the 
time when the procefs of Outlawry is 
awarded, may, on ablconding from the 
proceis of the law, be outlawed: buta 
married woman, or a man in prifon with- 
out coviz, or a perifon beyond the feas, 
at the time of the proces of outlawry 
awarded, ought not to be outlawed: 
the Jaft circumitance, however, that of 
being 

aes See 

fy tat 
FS 



