The Law of Nisi Prius; Comprising the Declarations and Other Pleadings in Personal Actions, and the Evidence Necessary to Support Them

The Law of Nisi Prius; Comprising the Declarations and Other Pleadings in Personal Actions, and the Evidence Necessary to Support Them : With an Introduction Stating the Whole of the Practice at Nisi Prius Volume 1

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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. 1853 edition. Excerpt: ...mentioned, in manner and form as the defendant has above in his said plea alleged: and this he the plaintiff prays may be inquired of by the country, Etc. Where the replication concluded with a special traverse of the corrupt agreement, it was holden necessary to conclude with a verification, and not to the country. Smith et al. v. Dovers, 2 Doug. 428; Baynham v. Matthews, 2 Str. 871. If, indeed, the replication did not conclude with a special traverse, but merely, as in the above form, stated that the bond was given for a legal consideration, and not in pursuance of the corrupt agreement, it might conclude in either way. Hedges v. Sandon, 2 T. R. 439. But as, by the new rules of pleading, special traverses must now conclude to the country, it is prudent to conclude this form of replication so in all cases. R. G. H. 4 W. 4 I. s. 13. This replication may be adopted, in answer to any plea of illegality. See ante, p. 317. ' EVIDENCE. By stat. 12 Ann. st. 2, c. 16, s. 1, no person, upon any contract made after the 29th September, 1714, shall take, directly or indirectly for the loan of any moneys, wares, merchandise, or other commodities whatsoever, above the value of 51. for the forbearance of 1001. for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter time; and all bonds, contracts, and assurances whatsoever, for payment of any principal or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of 52. in the hundred, as aforesaid, shall be utterly void. But by stat. 2 8: 3 Vict. c. 37, s. 1 (in force until the 1st 329 January, 1846, by stat. 6 & 7 Vict. c. 45), no bill of exchange' or promissory note, payable...show more

Product details

  • Paperback | 360 pages
  • 189 x 246 x 19mm | 644g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236796527
  • 9781236796523