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" Where any person shall, after the passing of this Act, become bound as cautioner for any principal debtor, it shall not be necessary for the creditor to whom such cautionary obligation shall be granted, before calling on the cautioner for payment of the... "
Conveyancing According to the Law of Scotland: Being the Edited Lectures of ... - Page 214
by Allan Menzies - 1863 - 968 lehte
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1856 - 532 lehte
...either by express stipulation, or by necessary implication from the nature of the firm or otherwise. 8. Where any person shall, after the passing of this...principal debtor, it shall not be necessary for the ereditor to whom such cautionary obligation shall be granted, before calling on the cautioner for payment...
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The Legal Observer, and Solicitors' Journal

1856 - 612 lehte
...either by express stipulation, or by necessary implication from the nature of the firm or otherwise. 8. Where any person shall, after the passing of this...diligence against the principal debtor, as now required by law ; but it shall bo competent to such creditor to proceed against the principal debtor and the...
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Statutes at Large ...: (37 v.) A collection of the public general statutes ...

Great Britain - 1856 - 850 lehte
...by express Stipulation, or by necessary Implication from the Nature of the Firm or otherwise. VIII. Where any Person shall, after the passing of this...Diligence against the Principal Debtor, as now required by Law ; but it shall be competent to such Creditor to proceed against the Principal Debtor and the...
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Journal of Jurisprudence, 51. köide

1856 - 532 lehte
...either by express stipulation iu writing, or by implication from the nature of the firm or otherwise. 6. Where any person shall, after the passing of this...creditor to whom such cautionary obligation shall he granted, before calling on the cautioner for payment of the debt to which such cautionary obligation...
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The Journal of Jurisprudence, 1. köide

1857 - 754 lehte
...cautioner of any principal debtor, it shall not be necessary kfcrany creditor, to whom such cautionry obligation shall be granted, Before calling on the cautioner for payment of the debt to which inch cautionry obligation refers, to discuss or do diligence against ibe principal debtor, as now required...
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The Journal of Jurisprudence, 1. köide

1857 - 600 lehte
...was often but a useless formality, is abolished by the statute in the following terms : — " (8.) Where any person shall, after the passing of this Act, become bound as cautioner of any principal debtor, it shall not be necessary for any creditor, to whom such caution ry obligation...
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A Dictionary and Digest of the Law of Scotland, with Short Explanations of ...

William Bell - 1861 - 888 lehte
...whom a cautionary obligation has been granted, to discuss or do diligence against the principal debtor before calling on the cautioner for payment of the debt to which the cautionary obligation refers, but that it shall be competent for him to proceed against the principal...
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The Jurist, 2. köide,2. osa;20. köide,2. osa

1857 - 664 lehte
...express stipulation in writing, or by necessary implication from the nature of the firm, or otherwise. 8. Where any person shall, after the passing of this...diligence against the principal debtor, as now required by law ; but it shall be competent to such creditor to proceed against the principal debtor and the...
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A Handbook of Bankers' Law

Henry Robertson - 1876 - 262 lehte
...entitled to what is called "the benefit of discussion;" but the 8th sec. of that Act declares that " it shall not be necessary for the creditor to whom...calling on the cautioner for payment of the debt, to discuss or do diligence against the principal, as now required by law; but it shall be competent to...
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A Treatise on the Law of Landlord and Tenant: With an Appendix ..., 2. köide

Robert Hunter - 1876 - 804 lehte
...i.— obligations by the 19 and 20 Viet. c. 60 (21st July 1856). Ву^^Г' sec. 8 it is enacted that "where any person shall, after the passing „^^^...become bound as cautioner for any principal debtor, it cautioner at shall not be necessary for the creditor to whom sucli cautionary called on for obligation...
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