The daily morning journal and courier., 1901-10-17

| mers, receivers, &c., they shall before any extents go forth, make oath, or tes- | tify 1t under their hands to the court that such bonds are, and at the time of | the taking such bonds were for just and , true debts, originally owing to them selves bona fide, and that they are not
 in trust, or for the benefit of any other. That receivers, collectors and bail ifs have no more deputies than are ne- cessary for the kings service, and that such deputies be neither tradesmen nor scriveners.
 LORD TREASURER,
 LORD COTTINGTON, CHIEF BARON,
 BARON fREAVOR, BARON WESTON, BARONHENDON,
 JOHN BANKS, KIT
 Elihu Yale, Ar. Defend. Querentum in
 errore ct Dominum Regem-The De-
 fendant's case in Error.
 Edward Pauncefort, Esq, receiver
 general, and acting cashier to the com
 nlissioners of excise in April, 1T16, em-
 ployed Sir Matthew Kirwood in receiV-
 ing considerable sums of money rela
 ting to His Majesty's revenue of excise
 and thereupon Sir Matthew Kirwood
 and the said Elihu Yale entered into a
 bond to His Majesty of the penalty Of forty thousand pounds with conditions as follows: (O Whereas, Edw. Paunce- fort, Esq, receiver general and acting
 cashier to the commissioners of excise, hath agreed to employ the above bound Sir Matthew KirWood for receiving from him the said Edward Pauncefort, his clerks or agents, all such sum or sums of money bill and bills of ex- change, notes, bonds and other papers as the said Edward Pauncefort shall from time to time think fit to pay or de- liver to him the said Sir Matthew Kir- wood, or his order, for or on account of His Majesty's revenue of excise on beer and ale and other liquors; and also the duties of malt. hops, soap, pa- per, silk and calicoes, &c,, or any of them, or relating to any other revenues or payments belonging to His Majesty, or to the said Edward Pauncefort on his own private accounts. If therefore he the said Sir Matthew Kirwood do and shall from time to time, and at all times hereafter, when he shall be there unto required due and true account make with the said Edward Pauncefort, his agent, executors or assigns, of or concerning all such sums and sum of money, bill and bills of exchange, notes bonds and other papers as he, the said Sir Matthew Kirwood or any other person or persons by his order, privity or consent, shall receive or that shall come to his or their or any of their hands or custody by virtue of the said trust reposed in him. And shall from time to time and at all times hereafter when he shall be thereunto required, but more particularly in every Tuesday in every week (except the same be a holiday if required well and truly sat isfy, pay and deliver, or cause to be paved, satisfied and delivered in bank. silver or gold unto the said Edward Pauncefort lis agent, executors or as- igrs, all such sums and sums of mon ey as he the said Sir Matthew Kir- wood or any other person or persons by his order, privity or consent at any time shall have received or collected, or shall have in his or their hands or GUS tody by virtue of any bill or bills of exchange, notes. bonds or other paper in any wise relating to the said reve- nue for the time being, or on any ac- count belonging to His Majesty, or unto the said Edward Pauncefort on his own account. And if tie said Sir Matthew Kirwood shall from time to time when he shall be thereunto re- luired by the said Edward Pauncefert, his executors administrators orassigns, l deliver unto the said Edward Paunce- fort his agent, executors, administra -ors and assigns all and singular bins and bills of exchange, notes, bonds, books and book papers and all other hings wha atsoever relating to the said | 'evenue or any of them or to the said Edward Pauncefort, according to the l rue intent and meaning of the said | then the same be void, Sc.
 Sir Matthew Kirwood afterwards aiIed, having then in his hands up | wards of thirteen thousand pounds, | monies received by him by order of Mir | oauncefort, belonging to His Majesty | which monies the said MT. Pauncefort | lid thereupon then forthwith satisfy | nd pay to his Majesty's use dD And n Trinity term Regis scire facias ad atisfaciendum was sued out of His daiesty's Court of Exchequer against he said Elihu Yale on the said bond, ,here to the said Elihu Yale appeared nd craved Oyer of the said bond and and Scire Facias, the whc' ond and condition are set forth in ace verba and thereupon the said Ell Il Yale pleaded special performance f his condition by Sir Matthew Kir- 'ood in every part thereof To which His Maiesty's attorney gen ral replied that after making the said ond and during the continuance of the aid Sir Matthew Kirwood in the said mployment, viz, 30 Augusti Anno Re Is CPD and by virtue of the trust in the aid condition mentioned he, the said ir Matthew Kirwood, or some other | arson or persons by his order, privity consent had and received or had in leir hands a custody of the said Ed 1 ard Pauncefort Che being all that time l sceiver general and acting cashier to le commissioner of excise) or of the l erk or agents of the said Edward monies and several bills of notes and other papers uching the said revenue in the condi. sty; and that by virtue thereof the id Sir Matthew Kirwood then re- ! ived ard had several sums of money