The King against Robert Musters
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1744 |
| Date | 01 January 1744 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 710
IN THE COURT OF EXCHEQUER
[50] hilary term, 18 geo. 2, 1744. the kino against robert munters.-Where a defendant pleads a title against the Crown, and Mr. Attorney General will not reply or demur in a reasonable time, PARKER, 51. THE KINO V. JONES 711 the court will order judgment to be entered for the defendant, unleas Mr. Attorney upon being attended, will either enter a nolle prosequi, or proceed. Francis Musters entered into three bonds to the King with Thomas Scott (who wns husband of the duty of four and an half per cent, paid in specie in the plantations,) in the penalty of one thousand pounds each, conditioned that Thomas Scott should behave himself well in his office, which is to land the goods (for the charges whereof money is usually imprest to him) and to sell them at a publick auction, and on warrant from the receiver general (who receives the money) to deliver the goods neither to the purchasers. In Easter term, 1742, process of scire facias issued against the defendant, as administrator to Francis Musters, on these three bonds; and in Trinity term, 174"2, the defendant pleaded conditions performed, to which the attorney general replied nor demurred. The last day of the term, the court, on motion, ordered, that the attorney general [51] should shew cause at the setting down of causes, why he did not proceed against the defendant on the said wire facias. Mr, Attorney General in shewing cause said, the King cannot he non prosscd; but that the proper method was, to apply to the attorney general, and if there was no foundation to proceed, he would stay proceedings, &c. On the other side, Mr. Smythe cited The King aiul Kmlm/, the 9th of February, 1724, where, upon Embry's pleading a title to lands sei/ed into the King's hands for want of an heir, it was ordered that judgment should be entered to remove the King's hands, and that John Brooks, who had also pleaded a title to the premisses, should shew cause, why the said Embry should not be put into...
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