EDWARD HORNSBY, Secretary to the Commissioners of Public Works, v WILLIAM LAUNCELOT SLACK

• Jurisdiction: Ireland
• Judgment Date: 07 November 1850
• Date: 07 November 1850
• Court: Exchequer (Ireland)

Exchequer.

EDWARD HORNSBY, Secretary to the Commissioners of Public Works,

and

WILLIAM LAUNCELOT SLACK.

Vere v. SmithENRENRENR 2 Lev. 5; S. C. 2 Keb. 761, 779, 830; 1 Vent. 121.

Vere v. Smith Vide supra.

Coggs v. BernardENR 2 Ld. Raym. 909, 914.

Ross v. HillENR 2 C. B. 877.

Woodliffe's case F. Moore, 462.

Rich v. KneelandENR Cro. Jac. 330.

Mors v. SlewENR 1 Vent. 190. 238; Sir T. Ray. 220.

Brind v. DaleENR 8 C. & P. 207.

Hatchwell v. CookeENR 6 Taun. 577.

Hodgson v. FullartonENR 4 Taun. 787.

Nettle v. BromsallENR Willes, 118.

Doorman v. JenkinsENR 2 Ad. & El. 256.

126 COMMON LAW REPOR,W. 4, T. 1850. eleglIg EDWARD 1-1ORNSRY, Secretary to the Commissioners of Public Works, v. WILLIAM LA.UNCELOT SLAM. (Exchequer.) Nov. 7. Bond of pay-clerk to ComÂÂmissioners of Public Works, conditioned (inter alia) from time to time when so required, to account in writing for all moneys, &c. ; and also make rigs was an action of debt on a bond. The deelgation stated "the said defendant heretofore, to wit on, &e., by his certain writing "obligatory, sealed with his seal, and now shown to the Barons of "her Majesty's Exchequer here, the date whereof is the day and "year last aforesaid, acknowledged himself to be held and firmly "bound to the plaintiff, so being Secretary of the Commissioners of "Public Works as aforesaid, in the said sum of 400, to be paid to good answer ,« the said plaintiff as such Secretary as aforesaid, in trust for the for and pay the moneys "said Commissioners of Public Works in Ireland and their succes due on the ba lance of such "sors, yet the said defendant, although often requested so tq do, account to the said Commis- "bath not," &c. sioners, &c. • action acti an Plea.-.The defendant then craved oyer of the said writing obli- In on the bond, gatory, which was read to him, and of the condition of the said writ replication stated as a ing obligatory, which was read to him, in these words :-" Whereas breach, that although de- " the above-bounden W. S. (the defendant) has been appointed by fendant had aecounted,and "the above-mentioned Commissioners to the office of pay-clerk of the a large sum was due on "said Commissioners ; now the condition of this obligation is such, balance of suc account, yeth "that if the said W. S. do and shall from time to time, and at all the defendant "times hereafter during his continuance in his said office, faithfully, did not make good answer "honestly, diligently and carefully execute, perform and discharge for m pay the balance, &c. "the duties of said office, and shall, so soon as he shall or may from Rejoinder that defendant paid part of said balance and make good answer for the residue thus, that he was necessarily travelling on the public way in discharge of his duty, with such residue on his person, when the same was violently and feloniously stolen and taken from him, &c. Held, on general demurrer, that the acts of strangers to the bond could not dis charge the obligor. t 0,.,:zey c-ee..•&•:e... ("0'4 /1.M:frefliC* COMMON LAW REPORTS. 127 " time to time be thereto required, give and deliver in writing a M. T. 1850. Exch. "just and true account of all moneys, papers, writings, books orequer "other things which in his said office shall or may come to the HORNSBY v. "hands of the said W. S., and which he shall be entrusted with, SLACK. "and also make good answer for, and pay the moneys due on the "balance of such account to the said Commissioners or their succesÂÂ" sore, or such person or persons as the said Commissioners shall " appoint ; and shall and do moreover well and sufficiently save "harmless and keep indemnified the said Commissioners and their "successors from and against all losses, damages, actions, suits, " costs, charges and expenses which may be sued, commenced of "prosecuted, or which they the said Commissioners or their slimesÂÂ" sors may bear, sustain or be put unto, for or by reason or means a of any matter, cause or thing whatsoever committed, neglected, "omitted or suffered to be done by the said W. S. in or during his "said office or department, then this obligation to be void and of "nbri-effect, or else to be and remain in full force and virtue;" which being read and heard, the said defendant saith that he did from time to time, and at all times after the making of the said writing obligatory, and the said condition thereof, and before the exhibiting of the said bill of the said plaintiff in this behalf, faithfully, honestly, diligently and carefully execute, perform and discharge all and singular the duties of said office, and did from time to time during all the time aforesaid, as he was thereunto required, give and deliver in writing a just and true account of all moneys, papers, writings, books or other things which in the said...