Reports of the Exchequer Court of Canada Volume 6

Reports of the Exchequer Court of Canada Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...12 Wheat. 609; Doa: v. Postmaster General, 1 Pet. 326; T he People v. Russell, 4 Wend. 571; United States v. Boyd, 15 Pet. 208; Looney v. Hughes, 26 N. Y. 514; McKeclmie v. Ward, 58 N. Y. 549; Jonas v. United States, 18 Wall. 662; Hart v. United States, 95 U. S. 318; Frownfeller v. State, 66 Md. 80; Palmer d: Seawriglit v. Woods, 75 Iowa 402. (9) Hart v. Failed States, 95 U-S. 318. ment is not responsible for the laches or the wrongful acts of its oflicers...........E'ery surety upon an ofiicial bond to the Government is presumed to enter into his contract with a full knowledge of this principle of law, and consent to be dealt with accordingly. The Government enters into no con tract With him that its officers shall perform their duties. A Government may be a loser by the negligence of its ofiicers, but it never becomes bound toothers for the consequences of such neglect unless it be by express agreement to that effect. Here the surety was aware of the lien which the law gave as. security for the payment of the tax. He also knew that in order to retain this lien the Government must rely on the diligence and honesty of its agents. If they performed their duties and preserved the security, it enured to his benefit as well as that of the Government; but if by neglect or misconduct they lost it the Government did not come under obligations to make good the loss to him, or, what is. the same thing, release him pro tanto from the obligation of his bond. As between himself and theGovernment, he took the risk of the efi'ect of official negligence upon the security which the law provided for his protection against loss by reason of the liability he assumed." It may happen, of course, in the Province of Ontario and other provinces where more

Product details

  • Paperback | 140 pages
  • 189 x 246 x 8mm | 263g
  • United States
  • English
  • black & white illustrations
  • 123689801X
  • 9781236898012