case stockhold against Collington a assumpsit lie on a promise to pay in  consideration of the plaintiff have serve as a commissioner at the request of  the defendant on a commission out of the exchequer in a cause depend before  the baron SC Mod SC salk SC comb SC Carth SC holt case for that the plaintiff  at the request of the defendant have serve the defendant as a commissioner on  a certain commission out of the exchequer direct to the plaintiff and other  for the examination of witness as well on the behalf of the defendant as other  in a certain suit then in person baron of the exchequer aforesaid depend the  defendant in consideration thereof promise to pay c so much as the plaintiff  deserve for his labour as such commissioner aforesaid and aver that he deserve  for work and labour as a commissioner five pound and also that the plaintiff  at the request of the defendant have write diverse deposition in a certain  cause and have find and provide diverse parchment and other necessary for  engrossment c non assumpsit plead general verdict and damage for the plaintiff  Tremain sergeant move in arrest of judgement that in the first count here be  no consideration it be unlawful to take money for the service be by command of  a court second that the court of equity be hold before the chancellor c and  the English bill always direct so and therefore there can be no such cause  depend in person baron as to take deposition c and judgement order to stay  until what time to move ex alteran part e contra as to the last I answer that  the very writ of subpoena be to appear in person baron and have several in my  hand which I produce to the court and the very subpoena in our case be so and  our declaration be accord to that then for the other here be a good  consideration for he do serve the party as commissioner he be name by the  party for both side do name in such case and this be for labour and pain only  and those bestow at the defendant request he a but now by Ann c S if any  person shall at the time the cause of action accrue be beyond the sea the  person who be entitle to the action shall be at liberty to bring it against  such person at any time within six year after their return shower KB er p be  not bind to this under any oath of office and it be a service to the party to  attend it now it be usual for master in chancery to take for their pain if  they take a answer at shower KB a nobleman house c commissioner of bankrupt be  constant pay in the case of sir George more v foster Yelv cro James  commissioner have take bribe c not actionable per Fenner and William because  voluntary and at election of the person to sit or not it be not in a judicial  course nor upon oath and if he refuse to sit the suitor have no remedy by  action against he for himself name the man and not the court and though  perhaps his refusal will be a contempt to the court if without excuse yet  doubtless they will never punish the person for it unless his reasonable  charge be allow though it be a proceed in a court of equity yet you will take  notice of the labour and a action will lie for labour and pain in solicit a  cause in equity as be in the case of Ambrose v isted here in this court the  book have case in they strong than this as Anderleys case cite in Nov latch  assumpsit to a stranger in consideration of his labour and pain in assist of  the sheriff be good because voluntary and at the party request the reason why  it be otherwise when make to a sheriff be because he be a officer and such  practice encourage will promote extortion so it be of a bailiff but otherwise  lawful to a stranger and per totan curian the action lie and my client have  his judgement