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 iii
... 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 ...
... 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 ...
Page vii
... affidavits from a Judge in London , and then again send to Preston for a Writ of Capias . So that as to him the power of arrest is almost nugatory . This , indeed , was the case before , but the inconvenience was not felt , be- cause he ...
... affidavits from a Judge in London , and then again send to Preston for a Writ of Capias . So that as to him the power of arrest is almost nugatory . This , indeed , was the case before , but the inconvenience was not felt , be- cause he ...
Page 6
... affidavit must be filed , as well as the declaration served , within the two terms ( j ) . The rule 2 Will . IV . r . 85 , which directs " that the plaintiff shall proceed to trial or final judgment against the prisoner within three ...
... affidavit must be filed , as well as the declaration served , within the two terms ( j ) . The rule 2 Will . IV . r . 85 , which directs " that the plaintiff shall proceed to trial or final judgment against the prisoner within three ...
Page 7
... affidavit of himself , or of some other person , show , to the satisfaction of a judge of one of the said superior Courts , that such plaintiff has a cause of action against the de- fendant or defendants to the amount of twenty pounds ...
... affidavit of himself , or of some other person , show , to the satisfaction of a judge of one of the said superior Courts , that such plaintiff has a cause of action against the de- fendant or defendants to the amount of twenty pounds ...
Page 8
... affidavit being now made in an action , must be entitled in the Court and cause , and cannot , it should seem , be sworn before the attorney on the record , the attorney in the cause , or the clerk of either , or the officer who issues ...
... affidavit being now made in an action , must be entitled in the Court and cause , and cannot , it should seem , be sworn before the attorney on the record , the attorney in the cause , or the clerk of either , or the officer who issues ...
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...