case arthur ROBSERT against andrews and his wife and cocket Trinity term  Elizabeth roll if a person receive money by the hand of a servant for the  relief of other he may he charge as have so receive it in a action of account  though no agreement be make that he shall account and if he do not appear  after judgement quod compute a capias ad to sum up lie and the error of award  it to a different county than where the action be bring be help by the statute  of jeofail the plaintiff may deny that he have expend the money for their use  without sayingoranypart and if the defendant interpleads he shall have  judgement to recover damage and cost but he can allege diminution after in  nullo be erralum to the want of a original but then this error must not he  assign horse de record a general charge ought to be answer in every part but  it be sufficient to answer a collateral issue in the word of the plaintiff ld  ray Com dig   light a a writ of error remove the record only and not the writ  post Leon cro James roll ab bridge Cowp damage and cost may he give in a  action of account I roll ab will error of judgement in the common bench in a  account which be enter there term pasch rot where Andrews and his wife and  Cocket declare against the say Arthur Robsert that he on the that of August  Elizabeth at filly in come norf be the receiver of the money of the say Cocket  and Ann dumb sola jail videlicet by the hand of Jo wase l to render a account  when he shall he require yet the defendant be require to do it have refuse to  their damage l the defendant plead that he be never their receiver of the say  l or of any parcel of it by the hand of the say Jo wase to render a account c  upon this they be at issue and it be find by special verdict that the a by the  statute Ann c h all the revenue of firstfruits and ten S vest in trustee to  form a fund for the augmentation of poor live by Ann c and Ann c henefices  under a year be discharge from the payment of these tribute and the collection  of they be further regulate by I Geo saint c and Geo c croak Elizabeth er p  that Aug Elizabeth one Oshert Mumford give the say l for the relief of the say  Cocket and Ann and deliver the same to the say Jo wase then his servant to the  intent he shall deliver it to the say Arthur Robsert for the relief of the say  Ann and Cocket and that he the say that Aug Elizabeth do deliver it to the say  Arthur Robsert for the relief of the say Ann and Cocket accord to the say  intent and if upon the whole matter Arthur Robsert shall he say to he the  receiver of their money by the hand of the say Jo wase prout c they pray the  discretion of the court it be adjudge he shall he say to he their receiver  prout c and that he shall account with the say then plaintiff for the say l  afterward by virtue of a writ of capias ad to sum up direct to the sheriff of  London the say Arthur Robsert be take and bring to the bar and commit to the  fleet until what time c and afterward auditor be assign to he by the court to  hear his account and he find mainpernors in to enter into account before they  and to finish it c and to appear in court de die in they until judgement be  give thereupon and to croak Elizabeth satisfy all the arrearage which by the  court he shall he adjudge to satisfy or to render his body to prison until he  have satisfy and hereupon he enter into account and allege that he have  maintain the say Ann dumb sola to be who afterward intermarry with Andrews and  the say Cocket by the space of eight year at d in the county of m and have  expend the say one hundred pound for the relief of the say Ann and Cocket and  so pray to he discharge upon this they be at issue that he have not expend the  say l for the relief c and it be find for the plaintiff and damage assess  above the say l ration interplacitationis put in possession of predict twenty  pound and cost ten pound upon this verdict judgement be give for the then  plaintiff and the cost be increase by the court and upon this judgement Arthur  Robsert bring a writ of error Fenner sergeant for the plaintiff assign diverse  error first error the matter in law which be adjudge in the common bench  videlicet that they declare he be their receiver to render a account of the l  whereas it be find he receive the money for their relief and not to account  but the court hold clear that when he receive the money in that manner he  receive it to their use and be Accountable if he do not expend it and it be as  if he have receive it to their use by express word second error that they  declare he be their receiver ad to sum up and he be not Accountable unless he  do not expend it in their maintenance and so ought to have a special writ and  declare special say non allocatur for they to who use the bailment be make can  have no other writ for they can suppose he receive it ad merchandisandum for  that be false and he have no such authority and in that case his cost be to he  allow he three error that in the writ and count he be suppose to he receiver  of their money by the hand of Jo wase whereas it ought to be by the hand of  Oshert Mumford for wase deliver it as his servant and it may be say the  delivery of the master and by the hand of the master the receipt ought to be  suppose coke answer that whereas the servant do contract this shall he say to  he the contract of the master and he only charge for it Edward pl but here  they convey only a possession by the hand of wase but convey no interest by he  and therefore may count that he receive it by his hand four error for that the  writ be and they account that he be their receiver to render a account when  require which be false for no request be mention upon the delivery coke the  law imply it Edward five error the writ of account be bring in Norfolk and the  cap ad to sum up be award to London whereas it ought to have be to the sheriff  of the county where the action be bring coke say it be help by the statute of  jeofails and he appear upon this process and so have make it good and error in  process can be allege after in nullo be erratum plead for if it have be allege  the other party may have allege diminution croak Elizabeth six error for that  before the auditor the defendant allege that he have expend the l for the  relief of the plaintiff and they reply that he have not expend the l but say  not nor any part for if he have expend any part it be croak Elizabeth er p not  reason he shall give a account of that part and judgement give upon a ill  issue be erroneous coke that inasmuch as it be a collateral issue e be only to  join with his adversary and be to add nothing to it but in a general issue it  be otherwise as in a action of waste for cut twenty oak the defendant ought to  plead that he do not cut the say twenty or any of they but in debt upon a  obligation that he shall do no waste and the breach be assign that he cut  twenty oak it be sufficient to plead he do not cut the say twenty oak modus et  form c mark dyer seven error it do not appear to the court that there be a  original writ for it be not certify and the defendant have plead in nullo be  erratum and therefore can allege diminution Edward error Edward and judgement  give where there be no original be erroneous coke if the plaintiff assign for  error that there be no original and the defendant plead in nullo be erratum he  can after allege diminution but this error be assign horse de record the court  here may write to the common bench to certify it for by the writ of error all  be certify which be with the chief justice there which be only the body of the  record but the original and judicial writ remain with the custos narrow places  and other officer which be never certify but where error be assign for want of  they eight error that the plaintiff have judgement to recover damage and cost  and it be a positive law he shall have none in a writ of account as Richard  pound e damage and although there be a precedent in the book of entry where in  a account damage be give the reason be because the good be deliver ad m  merchandisandum and to have increase but it be not so in this case but it be  answer that in the first judgement to have a account damage shall not he  recover but here damage be not give ration detention put in possession of but  ration interplacitationes put in possession of where the plaintiff be delay by  the defendant plea and you although good be give to merchandise yet he shall  not recover damage for the detainer but all shall he put in the arrear of the  account and in the old great Charta it be show in what writ damage shall he  adjudge and a writ of account be one of they and in the book of entry fol  damage be give in account afterward notwithstanding these error the judgement  be affirm by Ann c a action of account be give against the executor and  administrator but the most ready and effectual way to settle these matter of  account be by bill in the court of equity and therefore action to compel a man  to bring in and settle his account be now seldom use