Note 47 — STATEMENT, &c.

This, it is admitted, even by Mr. Driver, was not taken into any account, and he is obliged to admit that it ought to have been; yet when Mr. Elsee took him the receipts, and required to be reimbursed the money, upon the Surveyor’s own confession that it was due, he would give nothing but evasive answers. Being pressed very closely upon the subject, he said he would not pay it then, and he has taken care not to pay it since, nor has Mr. Elsee ever been able to obtain it from anybody else. This circumstance of omitting to take the land-tax into the account, proves the necessity there was for a proper enquiry, and the examination of the party, as to claims, &c. and this circumstance alone would have been sufficient to destroy the award, in the court of king’s bench, if the case could have been taken there, instead of being pounded in the equity side of the court of exchequer.