The Act for the Abolition of Arrest on Mesne Process: &c. (1 & 2 Vic. C. 110.) with Copious Notes Explanatory of the Alternations in Law and Practice Effected Thereby, and an IndexRobert Lush |
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Page 3
... Courts whatso- ever . ] - Not only cannot an inferior Court issue its own process to hold to bail , but no arrest can be had where the action is brought in an inferior Court , until it be removed by certiorari . The Courts of Lancaster ...
... Courts whatso- ever . ] - Not only cannot an inferior Court issue its own process to hold to bail , but no arrest can be had where the action is brought in an inferior Court , until it be removed by certiorari . The Courts of Lancaster ...
Page 4
... Court until he had perfected bail or rendered , these being the proper modes of appearing to bailable pro- cess . The writ of summons will now be the commencement of the action , and the capias only an auxiliary proceeding . Now the ...
... Court until he had perfected bail or rendered , these being the proper modes of appearing to bailable pro- cess . The writ of summons will now be the commencement of the action , and the capias only an auxiliary proceeding . Now the ...
Page 11
... Court , or of another of the superior Courts , it was necessary to bring him up by writ of habeas corpus ad respondendum , first suing out a bailable writ , and then the Court committed him to its own custody under the new writ ( c ) ...
... Court , or of another of the superior Courts , it was necessary to bring him up by writ of habeas corpus ad respondendum , first suing out a bailable writ , and then the Court committed him to its own custody under the new writ ( c ) ...
Page 12
... Court , by process from that Court only , might be brought up there by rule ; and in the case of Hutchins v . Ken- rick ( d ) , the Court observed , that a habeas corpus ad respondendum was , for such purpose , at least an odd mode of ...
... Court , by process from that Court only , might be brought up there by rule ; and in the case of Hutchins v . Ken- rick ( d ) , the Court observed , that a habeas corpus ad respondendum was , for such purpose , at least an odd mode of ...
Page 13
... Court ; but that if he had been removed after declaration , the action proceeded in the same Court , and the defendant was to be brought up after judgment in order to be charged in execution ( e ) . The reason of this diversity is not ...
... Court ; but that if he had been removed after declaration , the action proceeded in the same Court , and the defendant was to be brought up after judgment in order to be charged in execution ( e ) . The reason of this diversity is not ...
Other editions - View all
The Act for the Abolition of Arrest on Mesne Process: &C. (1 & 2 Vic. C. 110 ... Robert Lush No preview available - 2020 |
The ACT for the Abolition of Arrest on Mesne Process: &C. (1 & 2 Vic. C. 110 ... Robert Lush No preview available - 2016 |
Common terms and phrases
action adjudication affidavit appear apply appointed arrest assignee or assignees bail bankruptcy behalf benefit Berwick-upon-Tweed charge clerk cogno commencement commis commissioner or justices commissioner thereof copyhold costs county palatine Court of Equity Court or commissioner Courts at Westminster creditor or creditors custody debt declaration defendant detained discharge ditors docketed entered entitled equity estate and effects examination execution extend fieri facias filed further enacted gaol gaoler habeas corpus hereby imprisonment Insolvent Debtors issued judge judgment creditor judgment debtor lands lawful liable manner ment moiety notice officer order as aforesaid party payment person or persons person whose estate personal estate petition plaintiff possession prisoner proceedings provisional assignee purchaser pursuance Relief of Insolvent respect rule schedule sheriff signee soner statute suit sum or sums sums of money superior Courts thereupon think fit tion vesting order warrant of attorney writ of summons writs of execution
Popular passages
Page 59 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior courts of common law...
Page 94 - ... as fully to all intents and purposes as if this act had not been passed, anything herein contained to the contrary notwithstanding.
Page 184 - Act. discharge under the provisions of an act passed in the thirty-second year of the reign of his late Majesty King George the Second, intituled An Act for the Relief of Debtors with respect to the Imprisonment of their Persons...
Page 185 - ... shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially providqd, or there be something in the subject or context repugnant to such construction...
Page 73 - Lancaster, as the case may be ; and all the reasonable costs and charges attendant upon such application and removal shall be recovered in like manner as if the same were part of such judgment or rule or order...
Page 19 - That from and after the time appointed for the commencement of this act no warrant of attorney to confess judgment in any personal action or cognovit actionem, given by any person, shall be of any force unless there shall be present some attorney of one of the superior Courts on behalf of such person, *expressly named by him and attending at his...
Page 22 - Westminster, to make and deliver execution unto the party in that behalf suing, of all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, as the person against whom execution is so sued, or any person in trust for him, shall have been seised or possessed of at the time of entering up the...
Page 46 - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands. tenements, rectories, tithes, rents, and hereditaments. including lands and hereditaments of copyhold or customary tenure, in your bailiwick as the said...
Page 17 - Majesty's courts of bankruptcy, that such debt or debts is or are justly due to him or them respectively, and that such debtor, as he or they verily believe, is such trader as aforesaid, and shall cause him to be served personally with a copy of such affidavit...
Page 148 - Court or commissioner, or justices shall direct, in pursuance of the provisions hereinafter contained in that behalf, as to the several debts and sums of money due or claimed to be due at the time of making such vesting order as aforesaid...