case ex part angel April S c barn Charles Rep where some of the undertaker  under the act of Ann c in regard to brief be dead in a bill for a account  their representative need not be bring before the court for they be each  answerable the one for the other in a very dreadful fire happen at Blandford  in Dorsetshire and very soon after the fire great contribution be voluntary  make in the county of Dorset and Somerset on behalf of the sufferer in a brief  issue on behalf of these unfortunate people in the same year print brief be  deliver by the sufferer to the undertaker who have be appoint accord to the  statute of Ann c one Stanley be agent for the undertaker in receive all the  money from they which they use to send to the sufferer and in pay that money  to the sufferer and in London he be a general agent in negotiate the whole  affair relate to the brief the number of undertaker be at first seventeen the  major part of they live at Stafford keep a office there and likewise the book  which the act of parliament in the d sect direct wherein entry be to be make  of the number of print brief they receive of the time when those brief be sign  and send away to what parish and place and the time of receive the same back  and the money collect thereon and the say print copy so receive back be to be  deposit and leave with the register of the court of chancery soon after the  undertaker receive the brief they circulate they throughout the kingdom and  short after they have so do they receive direction from the sufferer not to  send any brief into the county of Dorset and Somerset but those direction come  too late at easter the undertaker have receive from collection which have be  make by the brief pound on the that of February atkins follow they send to Mr  Stanley pound on behalf of the sufferer who pay the money to they accord the  undertaker make no other payment till the d of July and then they pay the  sufferer a further sum of pound by the that of August they have receive in the  whole pound S d and on that day they make a further payment of pound on the  that of march a petition be prefer to this court on behalf of the sufferer  against the undertaker and likewise against Stanley complain among other thing  that the undertaker have not deposit with the register of the court any of the  brief accord to the direction of the act of parliament and that by the  negligence of the undertaker a great number of the brief be never return and  that they have not duly account after fill of this petition the undertaker  bring before the register and deposit with he brief and say that they have in  hand ready to be deliver so that be not return at all and even those that be  return have no money mark upon they it be swear on the behalf of the  undertaker that there be always a great number of brief that be never return  but it be prove that there be never so great a number miss as in the present  case at the time this petition be prefer seven of the undertaker out of the  seventeen be dead and it be submit on the part of the survivor that the  representative of the undertaker that be dead ought to be bring before the  court Lord chancellor I be of opinion that it be not necessary to bring these  representative before the court and that a order for account ought to be make  against the survivor I do not at all like the behaviour of these undertaker in  what they have do the undertaker be to be consider as one body and they be  each of they answerable the one for the other for which reason the objection  for want of bring the representative of the dead undertaker before the court  be quite immaterial it have be say on the part of Mr Stanley that he at least  be by no mean to blame in the present transaction for that he be mere a agent  for the undertaker in receive and pay their money to the sufferer atkins but  Mr Stanley ought not to be consider in so confine a light for he be general  entrust with the management of the brief in London consider then how this  matter stand with regard to the defendant at easter the undertaker have  receive pound on the that of February follow atkins er p they only pay pound  part of that money and keep the rest of it in their hand till the d of July  then indeed they make another payment of pound by the that of August they have  receive in the whole pound S u and on that day it be they only make a further  payment of pound there be no great weight indeed to be lie upon this latter  circumstance but on the former there be a strong foundation for charge the  undertaker with malepractice there be two method which the statute of queen  Ann prescribe in order to provide for the undertaker act fair one that a book  be keep by they wherein entry be to be make of the number of the print brief  they receive of the time when the brief be sign and send away to what parish  and place the time of the receive the same back and the money thereon collect  this book the manager have keep at Stafford and perhaps that may not be a  improper place as that town be about the centre of the kingdom however it be  proper that they shall have have a duplicate of this book in London where the  general resort of people be for the act direct that all person shall have free  access to it the other method which the act prescribe be that the undertaker  shall deposit the brief with the register of this court after they be return  to they and yet till the petition be actual prefer not one brief be leave with  the register this be a very extraordinary neglect in the undertaker for the  word of the act be sect that if the whole number of print copy of such brief  so receive of the printer shall not be duly return as be hereby require the  undertaker or undertaker shall for every print copy which shall be find want  and not return as aforesaid by default of they or their agent forfeit the sum  of pound unless he or they shall make sufficient proof to the satisfaction of  the court of chancery of the say brief so want be lose or destroy by  inevitable accident and of what money be real and true collect thereon and  full account for and pay the same in this act there be another clause sect and  that relate to the manner of account atkins the word of that clause be that  the say undertaker or undertaker shall within two month after the money  respective receive and after due notice thereof to the sufferer who be to be  admit to controvert the same account before one of the master of the court of  chancery to be for that purpose appoint by the Lord chancellor Lord keeper or  commissioner for the custody of the great seal of England for the time be for  all the money by they receive on account of such letter patent and process and  shall produce before he a exact account of the respective print brief by they  deliver out and receive back and leave with the register as aforesaid and  thereupon the say master shall proceed to make his report of what shall be  find due on such account and the report be confirm by the court of chancery as  usual shall be a charge on the say undertaker or undertaker and shall be carry  into execution against he or they as if decree in a suit there depend in  respect of the number of brief which the undertaker have at last return they  have only leave with the register ten thousand eight hundred and fortyfive  they say indeed they have seventythree more ready to be produce but even when  those be deduct there be five hundred and eightytwo which remain unaccounted  for and of those which be produce there be six hundred and twentynine which  have no money mark upon they at all the loss of eight hundred and eightytwo  brief be a very great one and though the affidavit make on the part of the  defendant do set forth that there be always a great number of brief which  never come back to their hand yet they do not pretend to say that ever the  number be so great as in the present case in order to account for this great  number of brief that be miss it have be say that very soon after the fire the  sufferer receive great collection from the county of Dorset and Somerset and  upon that account the sufferer send direction to the undertaker that they  shall not circulate brief in those two county but those direction come too  late and that be one reason why many of the brief be never return to the  undertaker and it be indeed true that this reason may account for a great part  of the brief whereof no money be mark but it do not seem to account for the  therefore his lordship be please to order the undertaker and Stanley to  account accord atkins er p