A Treatise on the Law of Bail in an Action at Common LawJ. Butterworth and Son, 1824 - 239 pages |
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Page v
... action a party may be arrested and held to special bail 30 CHAP . III . Of the affidavit to hold to bail 37 - CHAP . IV . Of bail to the sheriff 59 CHAP . V. Of the action on the bail bond 72 CHAP . VI . Of setting aside , or staying.
... action a party may be arrested and held to special bail 30 CHAP . III . Of the affidavit to hold to bail 37 - CHAP . IV . Of bail to the sheriff 59 CHAP . V. Of the action on the bail bond 72 CHAP . VI . Of setting aside , or staying.
Page 10
... bail bond to be delivered up to be cancelled without costs . ( c ) In other cases , however , where a plaintiff knowingly ( p ) 1 N. R. 54. 5 T. R. 194 . Lewis v . Lee , Mich . Term , 1823. M. S. and see 1 B. and Pul . 357.3 id . 220. 1 ...
... bail bond to be delivered up to be cancelled without costs . ( c ) In other cases , however , where a plaintiff knowingly ( p ) 1 N. R. 54. 5 T. R. 194 . Lewis v . Lee , Mich . Term , 1823. M. S. and see 1 B. and Pul . 357.3 id . 220. 1 ...
Page 11
... bail . ( k ) Bail also , being in the nature of representatives of Bail . their principal , cannot be arrested on securities given by them in that character ; ( 7 ) and even where an action on a bail bond was brought against the ...
... bail . ( k ) Bail also , being in the nature of representatives of Bail . their principal , cannot be arrested on securities given by them in that character ; ( 7 ) and even where an action on a bail bond was brought against the ...
Page 13
... bail were forsworn , and worth nothing , discontinued ; but previously to doing this , arrested the defendant in a second action , and held him to bail ... bond , conditioned for the payment of a sum of money , if a sentence of a Vice - ...
... bail were forsworn , and worth nothing , discontinued ; but previously to doing this , arrested the defendant in a second action , and held him to bail ... bond , conditioned for the payment of a sum of money , if a sentence of a Vice - ...
Page 15
... bail bond , unless the proceedings rested for appear to be vexatious . ( r ) the same cause , & c . rest after judgment of nonpros or nonsuit . The rule does not apply to an arrest after a compromise . It seems that a defendant may ...
... bail bond , unless the proceedings rested for appear to be vexatious . ( r ) the same cause , & c . rest after judgment of nonpros or nonsuit . The rule does not apply to an arrest after a compromise . It seems that a defendant may ...
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Common terms and phrases
13 East affidavit to hold allowed appear attorney bail bond bail in error bail piece bail put bankrupt Barnes bill Bing Blac Burr cause of action Chit clerk commissioner Common Pleas costs Court of King's Cowp custody declaration defendant discharged entered entitled error coram nobis Exchequer exoneretur feme covert fendant filacer filing common bail habeas corpus held to special hold to bail irregularity judge judgment jurat justifica justification of bail justifying bail King's Bench liable Lofft Marsh Moore notice of bail notice of justification original action party payment person plaintiff plaintiff in error Prac Price principal put in bail R. E. 5 Geo Raym recognizance rule Salk scire facias sheriff special bail statute stay proceedings sued sufficient sum sworn surrender taken Taunt term thereof tion Wils writ of error
Popular passages
Page 16 - State; or by any judge or justice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by the President of the United States, or any domestic or domestic servant of any such ambassador or other public minister...
Page 181 - ... action or bill of debt., upon any single bond for debt, or upon any obligation with condition for the payment of money only...
Page 93 - Commissions, all and every such Recognizance or Recognizances of Bail or Bails as any Person or Persons shall be willing or desirous to acknowledge or make before any of the Persons so empowered in any Action or Suit depending or hereafter to be depending in the said respective Courts...
Page 93 - ... piece, by some credible person present at the taking thereof, shall receive the same upon payment of the usual fees, which recognizance of bail or bail piece, so taken and transmitted, shall be of the like effect as if the same were taken de bene esse before any of the said justices for the taking of which recognizance the person empowered shall receive only the sum or fee of two shillings and no more.
Page 182 - ... be bound unto the party for whom any such judgment is or shall be given, by recognizance to be acknowledged in the same Court, in double the sum adjudged to be recovered by the said judgment...
Page 30 - And, by a late act of parliament0, " no person* shall be held to " special bail, upon any process issuing out of any court, where the " cause of action shall not have originally amounted to the sum of...
Page 77 - ... that such application is really and truly made on the part of the sheriff, or bail, or officer of the sheriff, as the case may be, at his or their own expense, and for his or their indemnity only, and without collusion with the original defendant.
Page 22 - ... commission by any creditor, shall be deemed an election by such creditor to take the benefit of such commission, with respect to the debt so proved or claimed...
Page 171 - TL in a plea of trespass, and also to a bill of the said TL against the said TN for — I. upon promises, according to the custom of the said court of our said lord the king before the king himself to be exhibited, and...
Page 62 - Ministers aforesaid, shall take or cause to be taken, or make any Obligation for any cause aforesaid, or by colour of their Office, but only to themselves, of any Person, nor by any Person which shall be in their Ward by the Course of the Law, but by the name of their Office, and upon Condition written, that the said Prisoners shall appear at the Day contained in the said Writ, Bill, or Warrant, and in such Places as the said Writs, Bills, or Warrants shall require.