Penal Irritancy – Homologation
A collector of taxes, during Cromwell’s usurpation enters into an agreement with a person who had a commission to sue, compound, transact, and agree on the part of the Crown: to this commissioner the collector granted bonds for certain sums, and the commissioner obliged himself to deliver to the collector, by a day certain, a release from the Crown, otherwise the parties to remain as they were before the bonds were granted: it is found that this no penal irritancy, and not to be purged after elapsing of that day.
A payment by the collector, after the elapsing of that day, was no homologation, or passing from the resolutive clause.
Citations:
[1727] UKHL Robertson – 590, (1727) Robertson 590
Links:
Jurisdiction:
England and Wales
Scotland
Updated: 05 October 2022; Ref: scu.554235