A Treatise on the Law of Bail in an Action at Common LawJ. Butterworth and Son, 1824 - 239 pages |
From inside the book
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Page 1
... proceed to consider in the follow- ing order : - I. Who may , and who may not be arrested , and held to special bail . II . For what cause of action a party may be arrested , and held to special bail ; and , III . Shew the requisites of ...
... proceed to consider in the follow- ing order : - I. Who may , and who may not be arrested , and held to special bail . II . For what cause of action a party may be arrested , and held to special bail ; and , III . Shew the requisites of ...
Page 16
... proceed to judgment against him , with a stay of execution till the king's debt be paid ; unless such creditor will undertake for the king's debt , and then he shall have execution for both . ( J ) II . By STATUte . Irish , ( g ) and ...
... proceed to judgment against him , with a stay of execution till the king's debt be paid ; unless such creditor will undertake for the king's debt , and then he shall have execution for both . ( J ) II . By STATUte . Irish , ( g ) and ...
Page 26
... proceed against sea- men .. Soldiers , when pri- vileged from ar- rest . petty officer , seamen , & c . be arrested contrary thereto , any of the judges of the Court out of which the process or execution shall have issued , upon ...
... proceed against sea- men .. Soldiers , when pri- vileged from ar- rest . petty officer , seamen , & c . be arrested contrary thereto , any of the judges of the Court out of which the process or execution shall have issued , upon ...
Page 59
... proceed ( upon the supposition that a party has been arrested , and is duly in the custody of the sheriff , ) to consider , the several means by which he may be lawfully discharged there- from . These are threefold : I. By the plaintiff ...
... proceed ( upon the supposition that a party has been arrested , and is duly in the custody of the sheriff , ) to consider , the several means by which he may be lawfully discharged there- from . These are threefold : I. By the plaintiff ...
Page 62
... proceed summarily against the attorney , to make him pay the debt and costs for his breach of faith , ( such undertaking being void , and no action lying thereon . ) ( g ) We have , however , already seen that an attorney may undertake ...
... proceed summarily against the attorney , to make him pay the debt and costs for his breach of faith , ( such undertaking being void , and no action lying thereon . ) ( g ) We have , however , already seen that an attorney may undertake ...
Other editions - View all
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.