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 |
From inside the book
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Page 4
... reason was , that the defendant was not fully in 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 ...
... reason was , that the defendant was not fully in 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 ...
Page 6
... reason and language of the rule . And the right to a supersedeas did not ter- minate , nor depend on the termination of the action , for the defendant might , in many cases , have non- prossed the action , and thus procured his ...
... reason and language of the rule . And the right to a supersedeas did not ter- minate , nor depend on the termination of the action , for the defendant might , in many cases , have non- prossed the action , and thus procured his ...
Page 13
... reason of this diversity is not very apparent . None is given in either of the cases which are cited as authorities for the rule ( f ) ; but in each it is con- sidered as the settled practice of the Court . The habeas corpus cannot have ...
... reason of this diversity is not very apparent . None is given in either of the cases which are cited as authorities for the rule ( f ) ; but in each it is con- sidered as the settled practice of the Court . The habeas corpus cannot have ...
Page 26
... reasons the writ of elegit was seldom resorted to ; the judgment in- deed operated as a passive incumbrance on the land , and clogged its alienation , and this was the main beneficial effect of the above statutes , at least in modern ...
... reasons the writ of elegit was seldom resorted to ; the judgment in- deed operated as a passive incumbrance on the land , and clogged its alienation , and this was the main beneficial effect of the above statutes , at least in modern ...
Page 28
... reason ; they produce no annual profit , but as they are the subject of value and price , they are charged by the judgment in equity ( r ) . An elegit may be sued out in the first instance concurrently with other writs of execution ...
... reason ; they produce no annual profit , but as they are the subject of value and price , they are charged by the judgment in equity ( r ) . An elegit may be sued out in the first instance concurrently with other writs of execution ...
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...