ACT

FOR

THE ABOLITION OF ARREST

ON MESNE PROCESS, &c.

(1 & 2 Vic. c. 110.)

WITH

COPIOUS NOTES

EXPLANATORY OF THE ALTERATIONS IN LAW AND PRACTICE

EFFECTED THEREBY,

AND

AN INDEX.

BY R. LUSH, ESQ.

OF GRAY'S INN.

LONDON:

CHARLES READER, LAW BOOKSELLER,
29, BELL YARD, LINCOLN'S INN;

AND MILLIKEN AND SON, GRAFTON ST., DUBLIN.

LONDON:

C. ROWORTHI AND SONS, BELL YARD,

TEMPLE BAR.

PREFACE.

THIS Statute, as its title imports, is designed for three objects:-1. To abolish arrest on mesne process, except in certain cases: 2. To extend the remedies of creditors against the property of their debtors and, 3. To amend the laws for the relief of insolvent debtors.

The first is effected by restricting the power of holding to bail to cases where a judge, upon being satisfied by affidavit that the debtor is about to quit the country, shall order a bailable writ to issue. The sum of 207. is still the minimum for which an arrest is allowed, and the proceedings relative to giving bail, or making a deposit of money in lieu thereof, remain as before. But the writ is merely an auxiliary proceeding, and may be issued at any time pending the action.

The remedies afforded by the Act are confined to judgment creditors, or to suitors to whom money is awarded by decree, order, or rule; and consist, 1st, in empowering the sheriff' to seize cash, bills of exchange, bonds, and other

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