case John more and other appellant roger cross and another respondent d  December Mews dig go a warrant be grant for nominate two life to a estate hold  under the crown as part of the duchy of Cornwall but subject to these  condition videlicet provide the estate be perfect in six month after the date  of the warrant that the warrant be enrol before the auditor of the duchy that  the fine be first pay into the hand of their receiver general or his deputy  and a certificate of such payment obtain under one of their hand and seal  these condition not be comply with accord to the strict letter of the warrant  it be declare void and order to be vacate Philip more brother of the appellant  John more senior die in the year without issue seize of a copyhold estate call  Trinity part of the manor of Bradninch and duchy of Cornwall leave Edith more  his widow who accord to the custom of this manor become entitle to the estate  during her widowhood by the accustom bounty and grace of the crown the near  relation of such of the tenant of this manor as die without issue have be  admit to renew the estate and accord the land in question have be enjoy by the  family of the more for above year soon after the death of Philip more Edith  his widow come to a agreement with the appellant John more senior that he  shall hold this copyhold estate during her widowhood at the yearly rend of  pound and that he shall be at liberty to apply in her name but at his own  expense to the chancellor of the exchequer for a warrant to nominate two life  to the estate after brown the determination of her interest therein and that  those life shall be the two infant appellant pursuant to this agreement the  appellant John be let into the possession of the estate and in August he  present a petition to the then chancellor of the exchequer in the name of  Edith the widow and obtain a warrant for her nominate two life on pay a fine  to the king of pound but subject to these condition videlicet provide the  estate be perfect in six month after the date of the warrant and the warrant  enrol before the auditor of the say duchy for the due charge the say fine and  that the say fine be first pay into the hand of the receiver general of the  say duchy or his deputy and so certify under one of their hand and seal these  condition not be strict observe for the reason after mention and Edith be  about to marry whereby her interest in the premise will be determine she apply  to more to continue the pound per and for her life which he refuse she think  fit to take advantage of the nonperformance of the above condition and on that  ground she in may apply for and obtain another warrant for the nomination of  two life to the estate upon the same term and condition as the former and in  consequence of this second warrant she nominate the respondent for the two  life and the fine be thereupon pay and the several other condition perform  that business be final conclude but the first warrant be still subsist the  respondent in Hilary term exhibit their bill in the court of exchequer against  the appellant pray that that warrant and copy may be surrender and vacate and  that the second warrant and copy may be establish the cause be at issue and  several witness examine be first hear on the d of February when the baron be  divide in their opinion it be again hear in the presence of the chancellor  when the baron be also divide but Mr chancellor be of opinion that the  plaintiff ought to be relieve it be decree that the first warrant shall be  deliver up to be cancel and the courtroll of the first grant and the copy  thereof and the admittance thereon vacate and that the second warrant grant  courtroll and estate for the plaintiff life in the tenement in question shall  stand and be confirm and that the plaintiff shall quiet enjoy the estate after  edith widowhood successive accord to the second brown er p warrant and grant  unless the defendant the infant shall within six month after they attain  twentyone show good cause to the contrary and that in the mean time a  injunction shall be grant for quiet the possession of the plaintiff after the  determination of edith estate from this decree the defendant appeal insist c  Phipps that though the strict letter of the warrant be not pursue yet the  nonperformance of it do not proceed from any neglect of the brown appellant  but from the necessity of the time and the default of the officer of the crown  for that the fine be tender at the publication of the warrant in clip money  which be current at that time and the only money which can then be procure but  be refuse security be by the direction of the deputy steward give for the  payment of the fine and therefore such security ought in a court of equity and  under these circumstance to be take as payment that within one month after the  publication of the warrant the fine be tender to the receiver at the audit in  clip money after the rate at which it be then usual pay and receive but he  refuse it and give time for the payment till mill money can be procure that as  soon as mill money can be have which be immediate after the expiration of the  six month the fine be pay and accept by the receiver and by he answer to the  crown and that as the infant appellant be the only person interest under the  first warrant their own laches and much less the laches of the crown officer  or any other person ought not to be impute to they nor construe to defeat they  of a estate which have be so long in the family and especial as in this case  the crown can not sustain the least prejudice in support of the decree it be  contend S Dodd that though this be a controversy between private person yet as  it relate to the rule and method of preserve the revenue of the crown it high  concern the queen for if the condition in these warrant frame on purpose as  fence to keep the queen treasure in a right channel may be break through by a  deputy steward at his discretion it will be in his power to put the queen fine  into his own pocket and to dispose of this branch of the revenue as he shall  think fit that the first warrant have four condition in it and three of they  not be observe the whole become null and void that it be a fraud and  misdemeanour in the deputy steward to receive a fine upon a litigate warrant  and especial when the receiver himself who be the proper officer have refuse  to accept it and to take promise or piece of paper for the queen money without  any order or direction be still worse in a deputy steward because it be to  make himself sole judge and chancellor of this part of the revenue that if  this decree shall be reverse the jurisdiction of the officer concern in the  queen revenue will be confound and a way lie open for illdisposed person to  cheat the crown at pleasure but if it be affirm the ancient course of the  exchequer and duchy of Cornwall will be establish the revenue preserve great  fraud prevent and the respondent quiet in the possession of their estate  accord after hear counsel on this appeal it be order and adjudge that the same  shall be dismiss and that the decree therein complain of shall be affirm jour  vol p