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because, as well, etc. the same day is given to the parties aforesaid, there, etc. Afterwards the process being continued between the parties aforesaid, of the plea aforesaid, by the jury between them being respited before our Lord the King, at Westminster, on the morrow of All Souls then next following, unless the Right Honourable Lloyd, Lord Kenyon, his Majesty's Chief Justice, assigned to hold pleas before the King himself, shall first come on Friday the 3d day of July, at the Guildhall of the city of London, according to the form of the statute in such case made and provided, for default of the jurors, because none of them did appear. At which day before our Lord the King at Westminster came, as well the said Hughes Minet and James Peter Fector, as the said Thomas Gibson and Joseph Johnson, by their attornies aforesaid; and the aforesaid Chief Justice before whom the issue was tried, sent hither his record had in these words:

[57] Afterwards, that is to say, on the day, and at the place within contained, before the Right Honourable Lloyd, Lord Kenyon, the Chief Justice within written, William Jones, gent. being associated unto him according to the form of the statute in that case made and provided, come, as well the within-named Hughes Minet and James Peter Fector, by their attorney within-named, as the within-named Thomas Gibson and Joseph Johnson, by their attorney within-named; and the jurors of the jury within-mentioned being summoned, tried, and sworn, (that is to say) John Troutbeck, Michael Power, Samuel Worthington, Isaac Thompson, John Roebuck, Robert Wigram, George Giburne, John Lewis Andre, George Henckell, Andrew Johnson, Thomas Townsend, and John Rae, upon their oaths say, that the within-named persons using trade and commerce as copartners in the copartnership name and firm of Livesey, Hargreave, and company, on the 18th day of February 1788, at the place within-named, made a certain instrument in writing, (the hand of one of the said copartners, on their joint account, and in their copartnership name and firm of Livesey, Hargreave, and company, being thereunto subscribed,) and directed the same instrument to the said Thomas Gibson and Joseph Johnson, by the names and description of Messrs. Gibson and Johnson, bankers, London; and which said instrument is in the words and figures following, to wit:

Manchester, Feby. 18th, 1788.

£721 5s.

Three months after date pay to Mr. John White, or order, seven hundred twenty-one pounds 5s. value received, with or without advice.

Livesey, Hargreave, & Co.

To Messrs. Gibson & Johnson,

Bankers,

G. & J.

London.

And the jurors aforesaid, upon their oaths aforesaid, further say, that the said Livesey, Hargreave, and company, at the time of making the said instrument, well knew that no such person as John White, in the said instrument mentioned, existed. And the jurors aforesaid, upon their oaths aforesaid, further say, that afterwards, at the day and place within-mentioned, a certain indorsement in writing was made by the said Livesey, Hargreave, and company, upon the said instrument, purporting to be the indorsement of John White named therein, and to be subscribed with his hand and name; and that the said indorsement purported to require the said sum of money in the said instrument contained, to be paid to the said Livesey, Hargreave, and company, or their order. And the jurors aforesaid, upon their said oaths, further say, that the said instrument being so indorsed as aforesaid, they, the said Livesey, Hargreave, and company, afterwards, at the day and place within-named, by a certain indorsement in writing made upon the said instrument, and subscribed with the hand and name of one Absalom Goodrich, by procuration of the said Livesey, Hargreave, and company, appointed the said sum of money in the [58] said instrument contained, to be paid to the said Hughes Minet and James Peter Fector; and then and there delivered the same so indorsed, as well with the name of the said John White, as with the name of the said Absalom Goodrich, to the said Hughes Minet and James Peter Fector, for a full and valuable consideration in money, therefore then and there paid by the said Hughes Minet and James Peter Fector to the said Livesey, Hargreave, and company; and the said Hughes Minet and James Peter Fector then and there became, and were and still are the holders of the said