case the king vers clark report date a extent shall go for the king money  against any one who imbezils it but not where money due to the king be pay and  his security cancel before a bind be give by a deputy to his principal for the  balance in his hand bunb S c Edward Paunceford be appoint cashier to the  commissioner of excise employ Nich clark to be his billman or receiver who by  his obligation of the that of march be bind to the king in with a condition to  satisfy pay and deliver each day unto the say Edward Paunceford his agent  executor or assign all such sum bill bind note and other paper as the say Nich  clark shall receive by virtue of any bill of exchange note c relate to the  excise or on any account belong to his majesty or to the say Edward Paunceford  on his own account and shall due account make with the say Edward Paunceford  of or concern any bill of exchange c belong to his majesty or relate to the  say Edward Paunceford and shall follow all such order c as he shall receive  from the say Edward Paunceford c and by another obligation of the same date  Nich clark and other where bind to the king in upon condition to the same  intent and purpose upon the motion of the attorneygeneral and a affidavit that  Nich clark have receive arise from the revenue of the excise and have pay only  and the residue comens be by he embezzelled and convert to his own proper use  and that a commission of bankruptcy then be award against he it be order by  the court that a writ of extent shall immediate be award to extend the estate  and effect of the say Nich clark bear date the that of October which be the  day of the motion but that it shall not be execute till four day after notice  give to he and the commissioner of bankruptcy and then it be move to discharge  this order because it do not appear that the debt to the king remain due and  it be show by affidavit that the king be pay all his due by Edward Paunceford  who settle account with clark and take his obligation for the balance and pay  all the debt due to the king and on the d of July have the bind restore to he  which the say Edward Paunceford have give to the king and it be insist that  this obligation be make for the benefit of Paunceford himself and the king  prerogative ought to be use only for the king debt in hard it be say by chief  baron hale that it will be unreasonable inconvenient and mischievous to the  subject to make the king prerogative instrumental for obtain the debt of the  subject and by a rule James no extent shall issue where a bind be not due and  bring into court and a affidavit make that the debt to the king be still due  and it be also say that a extent shall not be upon a obligation with condition  without a to know facias Sav pl Leon Owen S c and on the other part it be  insist by the attorneygeneral and other that a extent shall issue upon a bind  as here and so it be adjudge in between the king and Yale bunb bro p c S c a  refer to the chief justice Pratt and king and afterward affirm in parliament  where the condition be to the same effect as this be if a man be bind to the  king with surety and the principal prove insolvent upon which the surety pay  the debt to the king it will be very mischievous if they can not have the  prerogative process against their principal comens if money due to the king be  deliver to a common carrier who lose or embezzles they extent shall issue  against he for the recovery of these money and if the receiver die indebt to  the king and his executor pay the debt they shall have the prerogative process  for the recovery of the debt due to their testator as to the case hard it be  mention by chief baron hale in regard of debt in aid and the rule make James  be never enrol and regard only extent in aid but it be never doubt before that  if a man be indebt by bind to the king a extent may issue before it be prove  that the debt remain unsatisfy and it be agree by the court if a man be a  receiver for the king and employ comens er p other as his agent or deputy that  he can take their obligation in the king name for the king money which shall  come to their hand and to I sir John comens be this term make a baron of the  exchequer bunb it seem that it be never deny that if it be add to the  condition that they shall amount also to the receiver for the proper money  that they have receive that this shall not vitiate but if the obligor imbezils  or convert the king money a extent shall be issue upon such obligation it be  also agree that if a common carrier imbezil the king money a extent may issue  against he so if the principal debtor to the king fail and his surety pay it  be agree by baron carter and myself and not deny by the other that the surety  shall have the prerogative process against the principal but in the principal  case this rule be discharge upon consideration chief of the circumstance of  this case for when this obligation be make in by which Nath clark be bind to  pay each day such sum c as he shall receive the money then due be convert by  he many year pass and after a account be settle between Paunceford and clark  and the money due to the king by clark be pay by Paunceford and he have his  security give to the king cancel and restore to he and then take a obligation  of clark for the balance upon that account so that he do not rely upon the  bind give by clark to the king comens and the chief baron add that by the  condition of the obligation Nath clark be not bind to pay to the king or  account to the king for the money by he receive but to pay to Paunceford and  account to he not only for the king money but also his own proper money and  therefore the king name seem to be use sole on trust for Paunceford but the  king can be trustee for another person