A Practical Treatise on the Law of Bail in Civil and Criminal ProceedingsJ. Butterworth and J. Cooke, 1824 - 565 pages |
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Page 24
... rule would produce injustice , a special order to hold the party to bail may be obtained on an application to the court , or a judge at chambers , on a full affidavit of the cir- cumstances . Where a forfeiture given for the breach of ...
... rule would produce injustice , a special order to hold the party to bail may be obtained on an application to the court , or a judge at chambers , on a full affidavit of the cir- cumstances . Where a forfeiture given for the breach of ...
Page 29
... rule obtains , al- though the defendant may have made an unqualified offer to pay a part of it , on the ground , that the action is in its nature , no more than a claim for unliquidated damages , upon a contract of indemnity . ( u ) for ...
... rule obtains , al- though the defendant may have made an unqualified offer to pay a part of it , on the ground , that the action is in its nature , no more than a claim for unliquidated damages , upon a contract of indemnity . ( u ) for ...
Page 32
... rule is established on the ground that the arrest is for the same cause of action ; but after judgment recovered ... rules apply also to replevin bonds . In 32 [ PART . I. Bail in Common Law Actions .
... rule is established on the ground that the arrest is for the same cause of action ; but after judgment recovered ... rules apply also to replevin bonds . In 32 [ PART . I. Bail in Common Law Actions .
Page 35
... rule obtains , although the bail in the original action have subsequently absconded or be- come insolvent , ( u ) or ... rules of the court . ( 2 ) Where a defendant was superseded in an action upon a judgment , and again arrested in an ...
... rule obtains , although the bail in the original action have subsequently absconded or be- come insolvent , ( u ) or ... rules of the court . ( 2 ) Where a defendant was superseded in an action upon a judgment , and again arrested in an ...
Page 36
... rule is allowed to extend . It is to be observed , that this decision is at variance with a prior case , where it was held by the Court of Com- mon Pleas , that the circumstance of bail having been put in , in the original action in the ...
... rule is allowed to extend . It is to be observed , that this decision is at variance with a prior case , where it was held by the Court of Com- mon Pleas , that the circumstance of bail having been put in , in the original action in the ...
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Common terms and phrases
affidavit Anon appear arrest assignment attorney bail in error bail-bond bail-piece bailable bankrupt Barnes bill bond Burr Campb cause of action ceedings certificate certiorari Chit cited Common Pleas costs Court of Common Court of King's custody declaration defendant defendant's discharge East entered entitled ex-parte Exchequer execution exemption felony feme covert habeas corpus holden to bail issued judge judgment justice justify King King's Bench liable Lord Lord Ellenborough Marsh ment Middlesex nizance non est factum notice of bail obtained offence officer original action party payment person plaintiff plaintiff in error plead Prac principal prisoner privilege proceedings putting in bail Raym recognizance render rule Salk Saund scire facias sheriff Smith special bail stat statute Stra sued sufficient suit sureties sworn taken Taunt term Tidd tion Vide Wils writ of error
Popular passages
Page 519 - That on complaint and request in writing by or on behalf of any person committed and charged with any crime (unless committed for treason or felony expressed in the warrant ; or as accessory or on suspicion of being accessory before the fact to any petit treason or felony ; or upon suspicion of such...
Page 51 - Majesty, her heirs or successors, or the domestick, or domestick servant of any such ambassador, or other publick minister, may be arrested or imprisoned, or his or their goods or chattels may be distrained, seized, or attached, shall be deemed and adjudged to be utterly null and void to all intents, constructions, and purposes whatsoever.
Page 51 - Provided, and be it declared, That no merchant or other trader whatsoever, within the description of any of the statutes against bankrupts, who hath or shall put himself into the service of any such ambassador or publick minister, shall have or take any manner of benefit by this act...
Page 526 - ... per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought according to the true intent...
Page 449 - ... 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 (except in case of a penalty, and in case of a penalty in double the sum really due...
Page 61 - ... bring, or cause to be brought, the body of the party so committed or restrained, unto or before the lord chancellor, or lord keeper of the great seal of England for the time being, or the judges or...
Page 213 - Rule or Rules of the same Court give such Relief to the Plaintiff and Defendant in the original Action, and to the Bail upon the said Bond...
Page 32 - 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 509 - Queen the sum of , of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lady the Queen, Her Heirs and Successors, if he the said CD shall fail in the condition indorsed.
Page 503 - The constable shall enter in a book, to be kept for that purpose in every •watch-house, the names, residence, and occupation of the party, and his surety or sureties, if any, entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged, and shall lay the same before such justice as shall be present at the time and place when and where the party is required to appear.