The daily morning journal and courier., 1901-10-17
FORTUNE OF BLIHU YALE
(Continued from Tenth page.l

ton the paymer $ were to be made
 from time to time, not appearing to be
 an officer of the crown, but of the com
 missioners of the excise and conse-
 quently having no power to take a
 bond in the kings name.
 In answer to this objection it was in- sisted and so held by the court that it
 neither did nor was necessary to appear by what authority the bond was taken.
 That the only requisite the statute had
 made necessary was that the bond
 should be made to the king by his re-
 gal name and for cause or causes
 touching or concerning the kings ma
 jesty. That those sufficiently appeared in the present case, the money secured
 by this bond being mentioned in the
 condition to arise from the revenue of
 excise. But it was likewise insisted | that MT. Pauncefort appeared upon i this bond to be an officer of the crown
 sufficient for this purpose, for he is de- i scribed in the condition to be receiver
 general and acting cashier to the com
 missioners of excise. That the com
 missioners of excise are known officers of the crown and a subordinate officer under them being appointed by an au- thortty derived from the crown may properly enough be said to be an officer of the king, and if this objection should prevail it would avoid most of the bonds taken on account and revenue, 3rd Object-The next exception Was to the condition that though it did not only require Sir Matthew Kirwood to account for and pay all sums of money and bills that should be deposited in his hands on account of his najestv's reve- nue, but also such as belonged to MT, Pauncefort himself, and that a bond could not be taken in the kings name for MT. Pauncefort's own money with in the statute above mentioned
 The answer to this objection was that though where the condition of a bond is entire and the whole is unlawful, it is in most cases void, yet it is a known all lowed distinction that where the condi- tion consists of several different facts, and some of them are lawful or such for which the bond might be taken and the others not, it is good for so much as is lawful and void for the rest That therefore this bond was good for so much as concerned the kings reVe- nue and the only breach assigned in this cause is for non-payment of money received by Sir Matthew Kirwood on account of the revenue.
 4th Object-The last objection was to the form of the replication that the | breach of condition therein assigned [ was too general and uncertain, viz: | That Sir Matthew Kirwood or some | other person or persons by his order, i privity or consent received and had in | their custody of the said Edward | Pauncefort or his clerk, or agent, mon 1 ey and bill touching the revenue be- longing to the king, and that by means th ereof Sir Matthew Kirwood received | several sums of money amounting to e13,740 Ss. 3hd., which he had not paid or satisfied. though often request ed, and it was insisted that this was uncertain both as to the persons of whom the money was received and by | whom the receipt was, and involved to- gether several facts of different na- tu1e."
 In answer to this objection it was urged that this was sufficiently certain because in the conclusion of the repli- cation it was alleged that by means of the several particulars before men toned Sir Matthew Kirwood received several sums of money amounting to G13, 790 Ss. 31Ad., and in case of bonds If this kind 1t has been often held that t was not necessary to show of what in particular the several sums were received. But, however, that mould be the averment of the receipts vas only the introduction to the breach 1 md that the real assignment of the preach was the non payment. But it vas further insisted that whatever orce there might be in this objection !eld the case stood on a general de- nurrer to the replication. Yet it was low supplied by the defendants rejoin- Ter who by passing over the receipt md by taking the issue on other facts, 'iz.. that he had paid the said sum of e13790 Ss. 3d., had admitted the re- z eipt of the money, and of this opinion { vas the whole court. ( The said Ed Pauncefort therefore f most humbly prays that the said judg !, nent given by the Court of Exchequer r nd since affirmed in the exchequeT hamber, may be affirmed by judgment ( f the Honorable House with costs.
 ROB. RAYMOND,
 P YORK n