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A Digest of the Doctrine of Bail in Civil and Criminal Cases

A Digest of the Doctrine of Bail in Civil and Criminal Cases


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1783 Excerpt: ... the beasts, and the lord that distrains shall have his recovery by writ, that.'he shall restore to him so many beasts or cattle; and if the bailiff be not able-to re: store, his superioffshall restore them. Upon application therefore, either to the B. Com. 3. sheriff or his deputy, security is' to be given 7. in pursuance of the above statute, that thfi.L--'i party replevying' will "pursue his action against the distrainor; for which purpose K4 h he puts in pledges to prosecute, (in like manner as in writs of error, suits which in this particular much resemble replevins) and if the right be determined against him, that he will return the distress; for which purpose he is also bound to find pledges de retorno habendo. Besides these pledges, the sufficiency of whom is plainly discretionary in the sheriff," as he is made liable for their defect $ it is 11 G. 2. elsewhere enacted, that sheriffs and others, '3 having authority to grant replevins, shall take in their own names from plaintiff (i. e. the tenant) and two sureties, a bond in double the value of the goods distrained; such value to be ascertained on oath, conditioned to prosecute the suit with effect, and without delay, and to return the goods, if a return shall be awarded, before any deliverance be made of the distress; and the sheriff may assign such bond to the avowant, who may sue thereon in his own name. Amongst the adjudications which have been founded on the above statutes, some of the principal are the following: 4 New Abr. The sheriff did not return any pledges, 3J7-and after issue was joined, and found, it was moved that they might be put in by the court's order after the verdict, and the court held that they might, notwithstand ing the said statute of Westminster %, as bef...


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Product Details
  • ISBN-13: 9781130715897
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 62
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1130715892
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 127 gr


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