barber vers palmer Intr hill will B R rot S C salk Mod matter in bar can be  plead in abatement debt upon bind of date the second of April the defendant  after a special imparlance crave oyer of the bind and condition which be for  payment of S the ten of January follow and then he plead the Act of the eight  of this king for composition by two three in number and value of the creditor  and plead a composition accord c in abatement of the bill to which plea the  plaintiff demurrer and it be adjudge that this matter be matter of bar but can  be plead in abatement and therefore judgement be give that the defendant shall  answer over and then the defendant plead the same matter in bar upon which the  plaintiff demurrer and the defendant join in demurrer and because curian not  yet advisatur day be give to the party usque they loveliness proxime post  tomorrow the number three will and so continuances be enter from thence till  Monday proxime post tres soldiers consecrated michaelis and from thence to  Monday proxime post octabas hilarii at which day the defendant plead a a plea  puis darrein continuance which he intend to be a defeasance of the debt but  upon demurrer the court adjudge that it amount but to a covenant and now it be  argue for the defendant by Mr place that the court nevertheless ought to  consider the plea in bar and if that be good the plaintiff can not have  judgement hob Stoner v Gibson in point but the court give judgement for the  plaintiff nisi c hold that the plead of the latter plea be a waiver of the  former plea in bar and the last day of this term Raymond urge the same case in  Hobart for the defendant and also that it be lie down as a rule in many book  that the court must judge upon the whole record and therefore if it appear  upon the whole record that the plaintiff ought not to give judgement the court  can give it for he hob Edward per choke Edward a but notwithstanding this the  chief justice say that without doubt it be a waiver of the former plea and if  it be not so plead will be infinite therefore the cause show for the defendant  be disallow and judgement be give for the plaintiff a vide more ante