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Home > Art, Film & Photography > Reports of Cases Principally on Practice and Pleading, Determined in the Court of King's Bench Volume 1; In Hilary, Easter, Trinity, and Michaelmas Terms, A. D. 1819. with Copious Notes of Other Important Decisions
Reports of Cases Principally on Practice and Pleading, Determined in the Court of King's Bench Volume 1; In Hilary, Easter, Trinity, and Michaelmas Terms, A. D. 1819. with Copious Notes of Other Important Decisions

Reports of Cases Principally on Practice and Pleading, Determined in the Court of King's Bench Volume 1; In Hilary, Easter, Trinity, and Michaelmas Terms, A. D. 1819. with Copious Notes of Other Important Decisions


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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. 1820 Excerpt: ...he says " There is a writ called a long one, which takes the body, lands and goods."--That is the writ of extent.--Bat/ley J. But you suggested that there was no authority which said that the King could take body, lands and goods.--There is no authority to be found which says that the King may take body, lands and goods for a fine imposed in this Court. Under the title Judgments and Execution, 3 Inst. c. 101, 218, it is observed by Lord Coke, that when it is said by the judgment that the defendant has forfeited his lands and goods, then the King may have execution and may take the lands and goods of the defendant; but when he speaks of a fine as distinguishable from an amerciament in this Court, he says " It is to be observed that whensoever the delinquent or defendant is to be fined, the judgment is quod capiatur, that is, to be imprisoned until he doth pay his fine." In Reg. Brev. and in Fitzherbert's N.B. no writ was to be found applicable to the case of a defendant fined in this Court, which could be taken out immediately to levy the fine on his goods and chattels. The writ of levari facias is described by Fitzheibert merely as a remedy for enforcing a recognizance, and not for enforcing the payment of a fine. This application was made, in point of law, solely on this ground--that the writ had issued on the authority of a case to which the defendant himself was no party. The defendant Wade had no interest iu disputing the application, for he was obliged to pay the fine one way or the other. We was not before the Court iu that case, and it would be assuming too much at the present moment, that a rule such as that should be considered as having been 1819. promulgated and adopted in a case never since acted Thekiko upon--a case which pa...


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Product Details
  • ISBN-13: 9781130975994
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 296
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1130975991
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 531 gr


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Reports of Cases Principally on Practice and Pleading, Determined in the Court of King's Bench Volume 1; In Hilary, Easter, Trinity, and Michaelmas Terms, A. D. 1819. with Copious Notes of Other Important Decisions
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Reports of Cases Principally on Practice and Pleading, Determined in the Court of King's Bench Volume 1; In Hilary, Easter, Trinity, and Michaelmas Terms, A. D. 1819. with Copious Notes of Other Important Decisions
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Reports of Cases Principally on Practice and Pleading, Determined in the Court of King's Bench Volume 1; In Hilary, Easter, Trinity, and Michaelmas Terms, A. D. 1819. with Copious Notes of Other Important Decisions

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