Commentaries on Roman-Dutch Law Volume 2

Commentaries on Roman-Dutch Law Volume 2

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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. 1886 edition. Excerpt: ...in Gelderland in the country. So, by a charter of Duke Maximilian granted to the people of Holland on 26 May, 1480, art. 9. (it is provided) "That no bailiffs, sheriffs, nor dikereeves, within the towns or villages, shall administer justice except in a public court, held in the road, or in a house where no drink or food is sold; and the Court shall not begin, or the tribunal be called together, except in good time, with the rising sun, before noon and not before nine o'clock; but if they have begun the Court, and the tribunal has assembled, it shall not be adjourned, nor the administration of justice delayed one or two hours before justice has been done, and if they administer justice otherwise it will be of no effect." This has so far become obsolete among us in the country, that the Court is almost everywhere held in an inn. 3. In every tribunal (vierschaar) there is a sheriff who summons it--that is, causes the magistrates (schepenen) to assemble, and through the litigating parties demands justice from them. For the term schout (sheriff) is derived from schuld (debt), and he is so called as a recoverer of common debts. Hence, according to the testimony of Grotius, Introd. bk. 2. ch. 28. 9. we find in antient manuscripts the terms schoud and schoudig, for schuld (debt), and schuldig (indebted or owing). The sheriff had also the right to recover the small pecuniary fines or penalties due to the lord, which are still especially called sheriff's fines; but larger fines and penalties, the cognizance of which belongs to wellborn men, were, as is still the case, recovered by the bailiff almost in the same manner. But these offices are mostly executed in the cities, where the magistrates without distinction administer justice, ...show more

Product details

  • Paperback | 324 pages
  • 189 x 246 x 17mm | 581g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236487893
  • 9781236487896