The  facts  of  the  case  are  short  and  few.  A  writ  of  distringas  issued  out
of  the  Exchequer  to  the  sheriff  of  Berks,  to  levy  issues  on  the  inhabitants  of
New  "Windsor.  The  sheriff  made  his  warrant,  following  the  words  of  the
distringas,  and  authorizing  the  defendant,  his  bailiff,  to  levy  these  issues.
The  distringas  did  not  order  the  sheriff,  nor  did  the  sheriff  order  his  bailiff,
to  levy  the  gi*eater  sums  of  7/.  8«.  2d.  and  lil  2s.  The  bailiff  threatens
Snowdon  to  distrain  his  goods  for  these  two  sums.  For  a  part  of  them,
namely,  for  the  issues  he  had,  for  the  residue  he  had  not  a  right  to  distrain.
The  plaintiff,  under  the  terror  of  a  distress,  pays  both  these  sums.  The
bailiff  pays  the  money  over  to  the  sheriff,  and  the  sheriff  to  the  Exchequer ;
and  it  is  objected,  that  as  it  has  been  paid  over,  the  action  for  money  had
and  received  does  not  lie  against  the  bailiff ;  and  this  is  compared  to  the

VOL.  IL  —  26


402         JOHNSON  t?.   ROYAL   MAIL  STEAM  PACKET  COMPANY.      [CHAP.  V.
case  of  an  agent ;  and  the  authorities  are  cited,  of  Sadler  v.  Evans,  Campbell
V,  Hall,^  Buller  v,  Harrison,*  and  several  others.  In  the  case  of  Sadler  v.
