A Digest of the Law of Actions and Trials at Nisi Prius

A Digest of the Law of Actions and Trials at Nisi Prius

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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. 1798 edition. Excerpt: ... the bail need Bailey v. not furrender on the return-day of the fare facias, but have sTMeathinantill the appearance-day, that is, the quarto die pojt, to do it. '"'' "And the furrender muft be during the fitting of the "court." For where on the fecond fcire facias iflued againfl the bail, Simonds v. they furrendered the principal on the quarto die poft to a judge Mld,1Jt0g' at his clambers, the furrender was held to be too late, and the bail fixed with the debt and cofts. However, before the bail are abfolutely fixed where a fur-Webb v. render can be made, they fliould be fummoned time enough Harvey. to make a furrender of their principal; for where in this cafe p' 7&' the fcire facias was returnable the I4th of November, and the bail were not fummoned till about an hour before the rifing of the court, and the fheriff returned fcire fed, the court fet the proceedings afide, holding that fummons infufHcient, as being too fhort notice. 2. "If an actual furrender cannot be made." C J95 3 As where the principal became a peer, fo that by law his Trinderv. body could not be furrendered, it was held that an exoneretur (hould be entered on the bail-piece. Meyer v. Arthur. l Stra. 419. Yet where the principal became a lunatic, on motion for leave to enter an exoneretur on the bail-piece, the Court ro fufed to permit it. So where a man lad been preffed and was then in cuflody. and fo that by flat. 29 Geo, . c. 4. /. 14. he could not bs taken out of his Majefty's fervici., except for a criminal matter, his bail in a civil a tion were allowed to bring him into court by habeas corpus, and furrender him by committing him to the cuftody of the marfhal, and inftanter remanding him to the Savoy, after entering an exoneretur...show more

Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123654479X
  • 9781236544797