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

tue thereof he had and received seVera
 sums of money in the whole amounting
 to e13,790, Ss. 3 1-4d., which he did not pay to satisfy according to the condi- tions of the said bond
 To this replication Mir. Yale rejoined; but the scire facias being tested before the time mentioned in the breach of the condition assigned by the replication, ] the attorney general obtained an order I to quash the said writ of scire facias, and to be at liberty to bring new one.
 A new scire facias issued against MT. Yale for the penalty of his bond (5).
 To which MT. Yale appeared and pleaded performance of the condition, as before set forth.
 MT. Attorney General replied and as- signed for breach as above. 1 MT. Yale rejoined and alleged that 1 Sir Matthew Kerwood paid the said 13,- | 790G Ss., 8 1-4d to one Conrade de Gols, 1 by the order of MT. Pauncefort, for his use, according to the condition of the bond.
 MT Attorney soon rejoined and rendered an issue.
 ] Whereupon MT. Yale demurred in or der to bring in question the validity of the said bond so taken, as aforesaid, in judgment of law.
 (6) After several arguments on both sides the Court of Exchequer gave judgment in favor of the said bond for his majesty to recover the said forty thousand pounds against the said MT Yale.
 To reverse which judgment MT Yale brought a writ of error, returnable in the exchequer chamber, where the same was argued on both sides, and in the judgment was affirmed CD.
 Which judgments are conceived to be erroneous and ought to be reversed: I. For that MT. Pauncefort, not be- ing such an officer as by law is ena- bled to take bond in the name of the king. his taking the said bond in His Majesty's name, for securing what Sir Matthew Kerwood should receive, as well as his, the said Pauncefort's own private account, as on the Pubick, is void.
 II. For that the proceedings upon the said bond, to affect body, land and goods, all at the same time, and to have all the privileges and benefits given and allowed to the crown by the statute 33 Hen. 8 cap 39, are not warranted by the said statute, or any other law, and consequently are void.
 MI. That as the king is no ways con- cerned in the event of the said suit, the debt owing to the crown being secure in all events, there is the less reason to extend the power and privilege of the prerogative in this particular case.
 IV That if the said bond and pro- ceedings thereupon are allowed and es- tablished, the consequence and effect of that will be establishing method whereby,
 The ancient and settled rules of the Court of Exchequer in issuing preroga- tive process, hereto annexed, will be eluded; and as all such bonds, if al- lowed to be good, will bind and affect the lands from the dates thereof, and the process thereupon will be attended with all the powers and privileges of the prerogative. Purchasers of lands can never be secure against such in cumbrances, there being no certain means to come at knowledge or dis
 
 All common creditors in recovery of their debts will be postponed; landlords in obtaining their rents will be de- prived of that security and precedence which the law has provided, and the plaintiff in error humbly conceives the rights and privileges of the lords of parliament will be invaded thereby.
 CON PHIPPS,
 TIED. BOOTH.
 Termino. Termino Sancti Hillar, Anno 15 Regis
 Carroll, Mercurii 12 die Februarl.
 (S) Whereas upon complaint made of abuses formerly, touching assigning of 1 debts to His Majesty, and in causing of debts to be found by Inquisition upon bonds taken in His Majesty's name for | the payment of monies to some of the | kings, farmers, receivers or other ac- | the Lord Treasurer Lord | and Lord Chief Baron, and . he rest of the Barons of this court, and | Sir John Banks, Kt., His Majesty's | attorney general, having conferred to- ,ether and taken mature consideration | or reforming the said abuses in the uture, have thought fit and do order hat no debts be assigned to the king, 1T found by inquisition for the kings debtors, or accomptants in aid, save uch as are originally due unto them ,ona fide; without any manner of trust, md according to the directions and in hereafter following, viz,
 He who assignith any debts to the ting shall take the oath, viz:
 The within named A. B. maketh ath the day of the date within writ en that the debts hereby assigned are ust and due debts and have not for nerly been put in suits in any other ourt; and that the same are his own roper debts originally due unto him ona fide without any trust, and that e hath not received the same, nor any art thereof except Sc. He who desireth any debts or debt to e found by inqusition in his aid < hall take this oath. The said B. maketh oath the day and { ear above written that he is justly in- s ebted unto A., one of the farmers of | { lis Majesty's customs, &c., and that I le same debt is a just and due debt, ( riginally due to the said A. bona fide. { ithout any manner of trust, and that , le said debt hath not been put in suit , any other court and that he hath f ot received the same nor any part ( lereof except so much, &c., and that I is justly indebted unto him, the said C