Common Bench Reports; Cases Argued and Determined in the Court of Common Pleas, and in the Exchequer Chamber [1856-1865] .... New Series Volume 15

Common Bench Reports; Cases Argued and Determined in the Court of Common Pleas, and in the Exchequer Chamber [1856-1865] .... New Series Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...exists. The 38th section of the Common Law Procedure Act, 1854: (17 & 18 Vict. c. 125), enacts that " notice of appeal shall be a stay of execution, provided bail to pay the sum recovered and costs, or to pay costs where the appellant was plaintiff below, be given, in like manner and to the same amount as bail in error, within eight days after the decision ' complained of, or before execution delivered to the sheriff." Bail in error is regulated by the 151st section of the Common Law Procedure Act, 1852 (15 & 16 Vict. c. 76), which enacts, that, " upon any judgment hereafter to be given in any of the superior courts of common law in any action, execution shall not be stayed or delayed by proceedings in error, or supersedeas thereupon, without the special order of the court or a judge, unless the person in whose name such proceedings in error be brought, with two, or by leave of the court or a judge, more than two, suflicient sureties, such as the court (wherein such judgment is or shall be given) or a judge shall allow of, shall, within four clear days after lodging the memorandum alleging error, or after the signing of the judgment, whichever shall last happen, or before execution executed, be bound unto the party for whom any such judgment is or shall be given, by recognizance to be acknowledged in the same court, in double the sum adjudged to be recovered by the said judgment (except in case of a penalty, and, in case of a penalty, in double the sum really due, and double the costs), to prosecute the proceedings in error with effect, and also to satisfy and pay (if the said judgment be aflirmed, or the proceedings in error be discontinued by the plaintiif therein, ) all and singular the sum or sums of money and...show more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236782186
  • 9781236782182